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5338FOLLOWS: ORDINANCE NO. 5338 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .030 TO SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAXES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new subsection .030 be, and the same is hereby, added to Section 2.12.010 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code to read as follows: 11.030 Notwithstanding subsection .010 above, where any travel company, travel broker, travel agent or any other person or entity (the "Agent") has entered into a binding written contract with any operator (the "agency contract"), which agency contract was entered into by all parties thereto and in full force and effect prior to April 7, 1992, and which agency contract provides that occupancy in such operator's hotel (the "Hotel") shall be provided to transients on whose behalf the Agent and the operator have contracted at a fixed rate (the "fixed rate") (regardless of whether said fixed rate includes or excludes taxes imposed pursuant to this chapter and regardless of whether said agency contract provides that such taxes are subject to increase, adjustment or change) and where, based upon such agency contract and prior to April 7, 1992, the Agent either (i) entered into a binding written contract with any transient, any agent of any transient, or any other person or entity, agreeing to provide or arrange to provide occupancy in such Hotel to any transient at a fixed price which included any taxes imposed pursuant to this chapter and which fixed price is collected by the Agent and forwarded in whole or part to the operator as rent, or (ii) advertised to the general public that such Agent would provide or arrange to provide occupancy in such Hotel at a fixed price which included any taxes imposed pursuant to this chapter and which fixed price is collected by the Agent and forwarded in whole or part to the operator as rent, then the following provision shall apply with regard to the amount of tax imposed pursuant to this chapter upon any such rent received by the operator from such Agent for the privilege of occupancy in such Hotel by any transient (on whose behalf the Agent and the operator have contracted) for the occupancy period commencing July 1, 1992 and ending on the last date of occupancy pursuant to the terms of said agency contract, or at midnight on December 31, 1992, whichever occurs earlier: For the privilege of occupancy of space in a hotel, each transient is subject to and shall pay a tax in the amount of eleven and six -tenths percent (11.6%) of the rent. The License Collector shall issue forms and regulations to implement the provisions of this subsection." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that 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 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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 hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this 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 this 27th day of October , 1992. ATTEST: CITY CLERK OF T1trE CITY OF ANAHEIM JLW:lm 2 MYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5338 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of October, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of October, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickier, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5338 on the 28th day of October, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of October, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5338 and was published once in the Anaheim Bulletin on the 5th day of November, 1992. CITY CLERK OF THE CITY OF ANAHEIM