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