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2940FOLLOWS: ORDINANCE NO. 2940 AN ORDINANCE OF THIFE' CITY OF ANAH.L:I t Aik,1E DI 1 G TITLE 2 OF THE ANAHEI1,1 1111IUNICIPAL CODE by ADD-- IvG THERETO CHAPTER 2.12 RELAT ING TO AN ADMIS- SIONS Tom. THE CITY COUNCIL OF `IH CITY OF A`vAHEI�l DONS ORDAI3 AS SECTION 1. That Title 2 of the Anaheim Niunicipal Code be, and the same is hereby amended by adding thereto Chapter 2.12 reading as follows; `;SLCTION 2 .12 .010 DEFI 4ITIONS . :except where the context otherwise requires, the definitions given in this section govern the construction of this chapter. a. admission Fee - The term 'admission fee shall mean any charge for the right or the privilege to enter any place; it sAall include a charge made for season tickets or subscriptions, a cover charge or a charge made for use of seats and tables, reserved or other- wise, and similar accommodations. b. City - 'City" shall mean the City of Anaheim. C. Finance Director -- The term '�'Finance Director` shall mean the Finance Director for the City of Anaheim. d. Operator - The term `Operator'- shall mean any person, owning, operating, conducting, directing, managing or controlling, alone or in conjunction with others, in whole or in part, as principal, agent, officer, employee or independent contractor, any business, admission to any event or portion of which is subject to any tax imposed by any provision of this chapter. e. Person - The term "person" shall include an individual, firm, -corporation, company, partnership, association, an unincorporated association and any person acting in a fiduciary capacity. f. Place - The term ''place" shall include, but is not restricted to, circuses, motion picture theatres; (both drive-in and walk --in), dance halls, auditoriums, stadi- ums, athletic pavilions, exhibition hails; swimming pools, amusement parks, night clubs, cabarets, theatres of all kinds, lecture halls, archery and shooting ranges, and all places charging an admission charge.` `SECTION 2.12.020 ADlf1ISSI0,4S TAX. `inhere is hereby i-mDosed on every person paying an admission fee within the lLAis of the City of Anaheir., an admissions tax according to the following schedule: Admission Fee Admissions Tax $1.00 or Less 100 $1.01 to $2.00 150 $2.01 to $3.00 200 $3.01 or more 25¢ Said admissions tax is in addition to all other taxes imposed by law." ''SECTION 2 .12 .030 5 ]'ASON TICKETS 01; SUBS CRIP='IO_NS . Admis- sion fees which are one -ti --.,,ie charges for a number of events at which an admission charge is otherwise made for each indi- vidual event shall be taxed on the price shown on each indivi- dual ticket if such amount is shown. If the price is not shown on individual tickets, the tax shall be on a per --event basis which shall be computer by dividing_ the face value of the ticket or subscription by the number of events to which the bearer is entitled admission.` °'SECTION 2.12.040 DUTY OF OPERATORS TO COLLECT TAXES AND PUSPORT AND REMIT COLLECTIONS TO CITY. The tax levied and assessed under this chapter is imposed upon the person paying for such admission, and shall be paid at the time when and the place at which such admission charge is paid. Such tax shall be collected by the person charging for such admission. On or before the 25th day of each calendar month, the person collecting the tax levied and imposed under this chapter shall render (in duplicate) an accounting or statement to the City of all such taxable admissions to any such place during the calendar month preceding such accounting or statement; except as provided in this chapter. Such accounting or statement shall be filed with the Finance Director and at the time of such filing the person collecting such tax shall then and there pay to the Finance Director all amounts so collected as taxes, as shown in such accounting or statement. The forms of return to be executed and filed pursuant to the requirements of this section shall be such as may be prescribed by or acceptable to the Finance Director. At the time of rendering the final accounting or statement required under this section for any meeting, the person mak- ing such accounting shall pay to the Finance Director all amounts collected during the time during which such meeting was conducted, and which remain unpaid to the City. Any act required by this chapter to be performed by an operator shall be performed by each person included in the definition of operator; provided, that performance by any one such person shall be deemed performance by all such persons.' `SECTION 2.12.050 EXCLUSIONS. This chapter shall not apply to an admission fee where such admission fees are to be used exclusively for charitable, eleemosynary, educational or religious purposes, nor shall it apply to any admission charges paid directly to a governmental entity, provided that the event for which such admission fees are charged is produced and operated solely by a charitable, eleemosynary, educational or religious organization.` "SECTION 2.12.060 TZ 1PORARY .EVEvTS, BOND AND PER ieil`1 REQUIRED. Every person collecting an admission charge to a temporary or transitory event shall be subject to the provisions of this chapter. Such person shall obtain a permit from the Finance Director at least seventy --two hours in advance of any opera- tions conducted within the City of Anaheim. Such person shall file a statement and remittance on the day following the con- clusion of operations or at such reasonable time or times as the Finance Director shall determine; PROVIDED, HO!,TEVER, that before a permit shall be issued under this section, the appli- cant for the same shall deposit with the Finance Director, a sum of money, or bond in lieu thereof, conditioned upon the faithful compliance with the provisions of this section, in -2- an amount to be determined by the Finance Director as suf- ficient to cover the admission taxes which shall become due and owing upon the conclusion of ter-tporary or transient operations . `� `SECTIO:. 2.12.070 INSPEC`t•IC IN OF RECORDS. The Finance Director; either personally or through his authorized agents, shall have the right to inspect and examine the records of any person subject to the tax imposed by this chapter.`' �SECiIQN 2.12.030 RECORDS. All records of every person collecting an admission charge and tax shall be retainer: for a period of three years. `:SFCTIO14 2 .12 .090 LI a IS FOR UNPAID `1'.1'r S . A tax due and unpaid under this chapter shall be a debt due to the City of Anaheim. it shall be a personal obligation of the tax- payers and shall be a lien upon all of the property of the taxpayer. Said lien shall have priority over all other liens and obligations except those due to the State of California and the United States. Said lien shall be enforced by the Director of Finance as any other lien would be enforced against a defaulting debtor.`' `SECTION 2 .12 .100 P_L�t'ALTIES FOR An operator who fails to remit the amount of the tax when due shall, in addi- tion to all other penalties, pay a penalty of ten percent of the amount of the tax due. For each successive thirty days elapsing before a payment there shall be added an additional penalty of ten percent up to a maxirium of 100 percent." `SECTION 2 .12 .110 DETE �_MI_14ATION OF TAX DUE BY THE FINANCE DIRECTOR. If an operator fails to file a statement, or the Finance Director has reasonable cause to believe that an erroneous statement has been filed, the Finance Director may proceed to determine the amount of the tax due, and in connec- tion therewith shall make such investigations and take such testimony and evidence as may be necessary; PROVIDED, HO'f,,7EVF1:, that the operator shall be given notice and an opportunity to be heard before any determination is made by the Finance Director. "SECTION 2 .12 .120 REFU,'dDS . Upon the expiration of the period for which any event shall have been scheduled by the operator, and upon certification by the Finance Director that all accounts required of an operator under this chapter have been made by the operator and audited by the Finance Director and that all taxes and penalties due thereunder have been paid over to the City, the City Council shall cause all cash bonds theretofore deposited by the operator with the City under this chapter and not previously declared forfeited to be refunded to the operator by warrant drawn on the treasury in the form and manner as provided for other City warrants." "SECTION 2.12. 130 VIOLATIONS AND PENALTIES. Every person who willfully violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine or penalty of not more than five hundred dollars or by imprisonment for not to exceed six months; or by both such fine and imprisonment for each offense. "SECTION 2.12.140 SEVERABILI'.Y. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be _3_. unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The City Council "hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs sentences, clauses or phrases be declared unconstitutional." g4.rTTON 2- The __ The provisions of this chapter shall take effect on the 1st day of 3anuary, 1972. .q*PC"I'T01:i 3 _ The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fif- teen (15) days after its adoption, in the Anaheirm Bulletin, a newspaper of general circulation, printed, published and circulated in said City. THE FOREGOING ORDI sA1qTC:E is approved and signed by me this 22nd day of �_ June 14AYOR OF TI IT, OF A1TT.c< I`Ni Pro Tem An" EST CITY CLERIC OF THE CITY OF 2U41"6H �`Ii:1 -4- A ITW: m -9AITW:ms STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2940 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of June, 1971, and reintroduced as corrected at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of June, 1971, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 22nd day of June, 1971, by the following vote of the members thereof: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor Pro -Tem of the City of Anaheim approved and signed said Ordinance No. 2940 on the 22nd day of June, 1971. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of June, 1971. Q, )K, b'114-- - CITY CLERK OF THE CITY OF ANAHEIM (SEAL) Ij I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2940 and was published once in the Anaheim Bulletin on the 2nd day of July, 1971. City Clerk