HomeMy Public PortalAboutOrd 0993ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, AMENDING SECTION 3.24.060,
"OPERATOR — REGISTRATION" OF CHAPTER 3.24, "TRANSIENT
OCCUPANCY TAX" OF THE RANCHO MIRAGE MUNICIPAL CODE
WHEREAS, the City currently imposes a transient occupancy tax
for the privilege of occupancy in any hotel or similar lodging
within the City as provided in Rancho Mirage Municipal Code
( "Municipal Code ") Chapter 3.24; and
WHEREAS, all operators of hotels or similar lodging
facilities within the City are required to register with the City;
and
WHEREAS, the City Council wishes to provide that the City may
charge a fee for such registration by resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE
DOES ORDAIN AS FOLLOWS:
Section 1.
AMENDMENT OF SECTION 3.24.060 "OPERATOR —
REGISTRATION"
Municipal Code Section 3.24.060 ( "Operator— Registration ") is
hereby amended as follows:
"3.24.060 Operator— Registration.
A. Every person desiring to engage in or conduct
business as operator of a hotel renting to transients within
the city shall file with the tax administrator an application
for a transient occupancy registration permit for each place
of business. Every application for such a permit "shall be
made upon a form prescribed by the tax administrator and
shall set forth the name under which the applicant transacts
or intends to transact business, the location of his place of
business and such other information as the tax administrator
may require. The application shall be signed by the owner if
a natural person, by a member or partner, if an association
or partnership, by an executive officer or some person
specifically authorized by the corporation to sign the
application in the case of a corporation. The transient
occupancy registration permit must be in effect at all times
while the business is in operation and shall be at all times
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posted in a conspicuous place on the premises. The permit
shall, among other things, state the following:
1. Name of hotel;
2. Name of operator;
3. Hotel address;
4. The date upon which the permit was issued;
5. This transient occupancy registration permit
signifies that the person named on the face hereof has
fulfilled the requirements of the uniform transient occupancy
tax chapter by registering with the tax administrator for the
purpose of collecting from transients the transient occupancy
tax and remitting same tax to the tax administrator. This
permit does not authorize any person to conduct any unlawful
business in an unlawful manner, nor operate a hotel without
strictly complying with all applicable laws, including, but
not limited to, those requiring a permit from any board,
commission, department or office of this city. This permit
does not apply in lieu of such other permits which are
otherwise required.
B.
The city
council may, by resolution, establish a registration fee
vavable by all overators for each permit issued undez this
section.
Section 2 . SEVERABILITY
The City Council declares that, should any provision,
section, paragraph, sentence or word of this ordinance be rendered
or declared invalid by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation,
the remaining provisions, sections, paragraphs, sentences or words
of this ordinance as hereby adopted shall remain in full force and
effect.
Section 3 . REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Municipal Code as heretofore
adopted by the City of Rancho Mirage that are in conflict with the
provisions of this ordinance are hereby repealed.
K ,
Section 4 . AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine
whether this ordinance necessitates amendment of the City's Bail
Schedule and to cause such necessary amendments to be made and
filed with the local branches of the Superior Court of the County
of Riverside.
Sectl.on_5 EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its
second reading.
Section 6 . CITY ATTORNEY REVIEW
The City Attorney prepared and framed this ordinance pursuant
to Section 1.04.010 of the Municipal Code and finds that the City
Council has the authority to adopt this ordinance, that the
ordinance is constitutionally valid and that the ordinance is
consistent with the general powers and purposes of the City as set
forth in Section 1.04.031 of the Municipal Code.
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Section 7 . CERTIFICATION
The City Clerk shall certify to the passage of this ordinance
and shall cause the same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting
of the City Council held on April 15, 2010 by the following vote:
Ayes: Hobart, Kite, Meepos, Moller
Noes: None
Abstain: None
Absent: None
Gordon Moller, Mayor
IlIWO
Cynthig Scott, City Clerk
APPROVED AS TO FORM:
Steven B. Qui a illa, City
Attorney
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QRDINANCE.CERTIFICATION
I, Cynthia Scott, City Clerk of the City of Rancho Mirage,
California, do hereby certify under penalty of perjury, that the
foregoing Ordinance No. 993 was introduced by first reading at a
meeting of the City Council held April 1, 2010, by the following
vote:
AYES: Hobart, Kite, Meepos, Moller
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 993 was adopted at a regular meeting of the
City Council held on April 15, 2010, by the following vote:
AYES: Hobart, Kite, Meepos, Moller
NOES: None
ABSENT: None
ABSTAIN: None
I further certify that I have caused the Ordinance to be
posted and /or published as required by law (GC Sect. 36933).
Cynfhia Scott, CMC
City Clerk
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