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5777ORDINANCE NO. 5777 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, DELETING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TAXES WHEREAS, the City Council of the City of Anaheim desires to conform Title 2 of the Anaheim Municipal Code to changes in state law and previous amendments to the City Charter; and WHEREAS, the City Council desires to correct errors, delete unnecessary provisions, and otherwise update various provisions in Title 2 of the Anaheim Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 2.04.030 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "2.04.030 CONTRACT WITH STATE - EFFECTIVE DATE OF CHAPTER. The City shall, prior to the effective date of this section, enter into a contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance, and shall continue such contract in effect so long as the County of Orange has an operative sales and use tax ordinance enacted pursuant to Part 1.5 of Division 2 of the Revenue and Taxation Code." SECTION 2. That Section 2.04.040 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "2.04.040 SALES TAX. .010 For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the City at the rate of one percent of the gross receipts of the retailer 7 from the sale of all tangible personal property sold at retail in the City on and after the operative date of this chapter. .020 For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to an out -of -State destination or to a common carrier for delivery to an out -of -State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State Sales and Use Tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the Board of Equalization. .030 Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of said Code, as amended and in force and effect on April 1, 1956, applicable to sales taxes are hereby adopted and made a part of this section as though fully set forth herein. .040 Wherever, and to the extent that, in Part 1 of Division 2 of said Revenue and Taxation Code, the State of California is named or referred to as the taxing agency, the City of Anaheim shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the City of Anaheim for the word "State" when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, or the name of the State Treasury, or of the Constitution of the State of California; nor shall the name of the City be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the City or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operations of this chapter; and neither shall the substitution be deemed to have been made in those sections, including, but to necessarily limited to, sections referring to the exterior boundaries of the State of California where the results of the substitution would be to provide an exemption from this tax with respect to certain gross receipts which would not otherwise be exempt from this tax while those gross receipts remain subject to tax by the State under the provisions of Part 1 of Division 2 of the same Revenue and Taxation Code; nor to impose this tax with respect to certain 9 gross receipts which would not be subject to tax by the State under the said provisions of that Code; and, in addition, the name of the City shall not be substituted for that of the State in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted. .050 If a seller's permit has been issued to a retailer under Section 6067 of the said Revenue and Taxation Code, an additional seller's permit shall not be required by reason of this section. .060 There shall be excluded from the gross receipts by which the tax is measured: .0601 The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. .0602 The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. .070 There shall be exempt from the tax due under this section: .0701 The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. .0702 The storage, tangible personal property, the which has been subject to sales ordinance enacted in accordance the Revenue and Taxation Code by city in this state. use or other consumption of gross receipts from the sale of tax under a sales and use tax with Part 1.5 of Division 2 of any city and county, county, or .0703 In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government." 3 SECTION 3. That Section 2.04.045 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 4. That Section 2.04.050 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "2.04.050 USE TAX. .010 An excise tax is hereby imposed on the storage, use or other consumption in the City of Anaheim of tangible personal property purchased from any retailer on or after the operative date of this chapter, for storage, use or other consumption in the City at the rate of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State Sales or Use Tax regardless of the place to which delivery is made. .020 Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of said Code, as amended, applicable to use taxes are hereby adopted and made a part of this section as though fully set forth herein. .030 Wherever, and to the extent that, in Part 1 of Division 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of this City for the word "State" when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, or the name of the State Treasury, or of the Constitution of the State of California; nor shall the name of the City be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the City or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this chapter; and neither shall the substitution be deemed to have been made in those sections, including but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain storage, use or 0 other consumption of tangible personal property which would not otherwise be exempt from this tax while such storage, use or other consumption remains subject to tax by the State under the provisions of Part 1 of Division 2 of the said Revenue and Taxation Code, or to impose this tax with respect to certain storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code; and in addition, the name of the City shall not be substituted for that of the State in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted, and the name of the City shall not be substituted for the word "State" in the phrase "retailer engaged in business in his State" in Section 6203 nor in the definition of that phrase in Section 6203. .040 There shall be excluded from the gross receipts by which the tax is measured: .0401 The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. .0402 The gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. .0403 The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. .050 There shall be exempt from the tax due under this section: .0501 The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. .0502 The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. 5 .0503 The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. .0504 In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government." SECTION 5. That Section 2.04.051 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 6. That Section 2.04.080 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 7. That Section 2.04.100 of Chapter 2.04 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 8. That Chapter 2.06 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 9. That the title of Chapter 2.10 of Title 2 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: "DOCUMENTARY TRANSFER TAX" SECTION 10. That Section 2.10.010 of Chapter 2.10 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "2.10.010 SHORT TITLE. This chapter shall be known as the `Documentary Transfer Tax Ordinance of the City of Anaheim.' It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California." SECTION 11. That new Section 2.10.130 be, and the same is hereby, added to Chapter 2.10 of Title 2 of the Anaheim Municipal Code, to read as follows: "2.10.130 ADOPTION OF SUBSEQUENT AMENDMENTS TO STATE LAW. All references contained in this chapter to any provision of state law shall be deemed to include and refer to any amendments or successor provisions thereto which may be adopted subsequent to the date of adoption of this chapter or the section referring to such state law." SECTION 12. That subsection .080 of Section 2.12.005 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".080 `Rent' means the consideration charged by an operator for accommodations, including without limitation any (1) unrefunded advance rental deposits or (2) separate charges levied for items or services which are part of such accommodations including, but not limited to, furniture, fixtures, appliances, linens, towels, non -coin-operated safes, and maid service. `Rent' shall not include any charge, billing, or account or portion thereof which the operator finds to be worthless or uncollectible and charged off for tax purposes. If any such worthless or uncollectible rent is thereafter collected, the amount shall be considered rent in the month collected and the tax collected shall be included in the next monthly payment to Anaheim by the operator. `Rent' shall also not include any amount upon which a sales or use tax is imposed pursuant to Chapter 2.04 of this Code if the imposition of a tax pursuant to this Chapter 2.12 would be deemed to constitute an additional sales and use tax conforming to all of the conditions set forth in subdivision (b) of Section 7203.5 of the Revenue and Taxation Code of the State of California." 7 SECTION 13. That Section 2.12.010 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "2.12.010 TRANSIENT OCCUPANCY TAX IMPOSED. .010 For the privilege of occupancy of space in any hotel, each transient is subject to and shall pay a tax in the amount of fifteen percent of the rent. .020 The License Collector shall issue forms and any additional regulations deemed necessary to implement the provisions of this section." SECTION 14. That subsection .015 of Section 2.12.020 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .015 Notwithstanding subsections 2.12.020.011 and 2.12.020.013, if any audit reveals that the gross income to the operator attributable to the accommodations portion of such special package (hereinafter "audited rate") is more than ten percent greater than the specified rate, the rent for tax purposes shall be the audited rate. In the event subsection 2.12.020.014 applies and the audited rate is greater than the imputed rate, the rent for tax purposes shall be the audited rate. The audited rate shall be determined by an audit of a sample of the special packages sold by the operator within an individual special package category. The audited rate shall be the amount of the special package rate remaining after deducting the fair market value of each of the benefits included in the special package rate other than room accommodations and room tax. Where more than one type of special package was offered within the audit period, each special package shall be audited separately for purposes of determining the applicable audited rate. Credits or offsets shall not be allowed between different special packages. SECTION 15. That subsection .030 of Section 2.12.030 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 0 ".030 Tax returns filed with the City pursuant to this chapter, and information contained therein regarding amounts of gross receipts, adjustments, credits, overcollections, tax, penalty and interest, shall be and remain confidential. Unauthorized disclosure or use of such confidential information by any officer, agent or employee of the City shall constitute a misdemeanor; provided, however, this section shall not apply to any disclosures made in connection with any hearing, appeal, or any civil action or proceeding relating to the determination or recovery of the Tax, or any prosecution of any person for violation of any provision of this chapter or any criminal or civil proceeding pertaining to the Tax. This subsection shall not prohibit, nor be construed to prohibit, disclosure of statistical or cumulative information derived from tax returns, when the information disclosed does not identify or relate to any particular taxpayer. This subsection shall not prohibit, nor be construed to prohibit, any disclosure of tax returns or information contained therein which disclosure is compelled by an order of court or other judicial process." SECTION 16. That subsection .020 of Section 2.12.040 of Chapter 2.12 be, and the same is hereby, amended to read as follows: ".020 Upon non-payment by an operator, the License Collector may issue a Jeopardy Determination to require the operator to furnish additional information or provide adequate security as necessary to ensure collection of any Taxes due or to become due, and to remit taxes on a daily or weekly basis. The operator shall thereafter report and remit all taxes due under the terms and conditions prescribed by the License Collector. The License Collector shall cancel the Jeopardy Determination once timely accounting and remittance procedures have been established and the operator is satisfying all obligations imposed by law pertaining to the Tax." SECTION 17. That subsection .010 of Section 2.12.060 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 If any operator shall fail or refuse to collect said tax and to make, within the time permitted, any report and remittance of tax, the City Auditor shall proceed in such manner as the City Auditor may deem best to obtain facts and information on which to base an estimate of the tax and the City Auditor 6 shall thereupon proceed to determine and assess the Tax against such operator. If any operator shall fail or refuse to collect the proper amount of tax due pursuant to this chapter as determined by the City Auditor pursuant to Section 2.12.080 hereof, the City Auditor shall proceed to determine and assess the Tax due against the operator. The City Auditor shall give notice of any amount so assessed under this subsection by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator at the operator's last known address." SECTION 18. That subsection .030 of Section 2.12.080 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Confidential or proprietary information furnished to or secured by Anaheim from an operator pursuant to this Section or contained in any audit report or findings made pursuant to this Section shall be confidential. Unauthorized disclosure or use of such confidential information by any officer, agent or employee of the City shall constitute a misdemeanor; provided, however, this section shall not apply to any disclosures made in connection with any hearing, appeal, or any civil action or proceeding relating to the determination or recovery of the Tax, or any prosecution of any person for violations of any provision of this chapter or any criminal or civil proceeding pertaining to the Tax. This subsection shall not prohibit, nor be construed to prohibit, any disclosure of information which disclosure is compelled by an order of court or other judicial process." SECTION 19. That subsection .010 of Section 2.12.090 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 The tax constitutes a debt owed by the transient to Anaheim which is extinguished only by payment of the tax to the operator. The transient shall pay the tax to the operator at the time the rent is paid. If rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. The Tax imposed by this chapter constitutes a debt owed by the operator to Anaheim. Any operator owing Tax to Anaheim shall be liable in an action brought by Anaheim for the recovery of such amount." 10 SECTION 20. That Chapter 2.13 Of Title 2 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 21. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 22. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this28th day of August 2001. MAY OF TH CITY OF J NAHEIM ATTEST: CITY CLERK 15F THE CITY OF ANAHEIM 41282.1 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5777 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of August, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of August, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: (SEAL) Feldhaus, Kring, Tait, McCracken, Daly None None MMM (SEAL) /� ___moi