ORDINANCE 1121ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING SECTIONS 3.12.020,
3.12.040, AND DELETING SECTION 3.12.075, OF
CHAPTER 3.12, TITLE 3, OF THE EL SEGUNDO
MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.020 of Chapter 3.12, Transient
Occupancy Tax, of Title 3 of the EL Segundo Municipal Code,
entitled "Definitions," is hereby amended to read as follows:
3.12.020 DEFINITIONS. Except where the context otherwise
requires, the definitions given in this section govern the
construction of this chapter.
"Hotel" means any structure, or any portion of any struc-
ture, which is occupied or intended or designed for occupancy by
transients for dwelling, lodging or sleeping purposes, and
includes any hotel, inn, tourist home or house, motel, studio
hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house
trailer at a fixed location, or other similar structure or
portion thereof.
"Occupancy" means the use or possession, or the .right to
the use or possession of any room or rooms or portion thereof in
any hotel for dwelling, lodging or sleeping purposes.
"Operator" means the person who is proprietor of the hotel,
whether in the capacity of owner, lessee, sublessee, mortgagee
ill possession, licensee, or any other capacity. Where the
operator performs his functions through a managing agent of any
type or character other than an employee, the managing agent
shall also be deemed an operator for the purposes of this article
and shall have the same duties and liabilities as his principal.
Compliance with the provisions of this chapter by either the
principal or the managing agent shall, however, be considered to
be compliance by both.
"Person" means any firm, partnership, joint venture,
association, social club, fraternal organization, joint stock
-1- JOA:0- 090688.CM
company, corporation, estate, trust, business trust, receiver,
trustee,, syndicate or any other group or combination acting as a
unit.
"Rent" means the consideration charged, whether or not
received, for the occupancy of space in a hotel valued in money,
whether to be received in money: goods, labor or otherwise,
including all receipts, cash, credits and property and services
of any kind or nature, without any deduction therefrom what-
soever.
"Tax administrator" means the director of finance.
"Transient" means:
(1) any person as defined in this section 3.12.020,
who exercises, for any period of time, occupancy or is entitled
to occupancy by reason of concession, permit, right of access,
license or other agreement, or
(2) any individual who personally exercises occupancy
or is entitled to occupancy by reason of concession, permit,
right of access, license or other agreement, for a period of 30
consecutive calendar days or less.
Any such person or individual so occupying space in a
hotel shall be deemed to be a transient.
In determining whether an individual is a transient,
uninterrupted periods of time extending both prior and subsequent
to the effective date of the ordinance codified herein may be
considered.
SECTION 2. Section 3.12.040 of Chapter 3.12, Transient
Occupancy Tax, of Title 3 of the El Segundo Municipal Code,
entitled "Exemptions," is hereby amended to read as follows:
3.12.040 EXEMPTIONS. No tax shall be imposed upon:
(1) Any person as to whom, or any occupancy as to
which, it is beyond the power of the city to impose the tax
herein provided;
-2- JOA:0- 090688.CM
(2) Any federal or state of California officer or
employee while on official business only and when payment for
such occupancy is made by duly authorized voucher payment from
the governing agency;
(3) Any officer or employee of a foreign government
who is exempt by reason of express provision of federal law or
international treaty.
No exemption shall be granted except upon a claim therefor
made at the time rent is collected and under penalty of perjury
upon a form prescribed by the tax administrator.
SECTION 3. Section 3.12.075 of Chapter 3.12, Transient
Occupancy Tax, of Title 3 of the E1 Segundo Municipal Code,
entitled "Five Percent Cap On Tax Remittance," is hereby
repealed.
SECTION 4. The City Clerk shall certify to the passage
and adoption of this ordinance; shall cause the same to be
entered in the book of original ordinances of said city; shall
make a minute of the passage and adoption thereof in the records
of the meeting at which the same is passed and adopted; and shall
within fifteen days after the passage and adoption thereof, cause
the same to be published once in the E1 Segundo Herald, a weekly
newspaper of general circulation, published and circulated within
said City of E1 Segundo and which is hereby designated for that
purpose.
PASSED, APPROVED AND ADOPTED this 20th day of
September
(SEAL)
1988. /
Mayor of the City of E1 Segundo,
California
City Clerk
K*443,
-3- JOA:0- 090688.CM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
ordinance, being Ordinance No. 1121 is a full, true correct
original of Ordinance No. 1121 of the said City of E1 Segundo,
California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
AMENDING SECTIONS 3.12.020, 3.12.040, AND DELETING
SECTION 3.12.075 OF CHAPTER 3.12, TITLE 3, OF THE EL
SEGUNDO MUNICIPAL CODE.
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested by
the City Clerk of said City, all at a regular meeting of the said
Council held on the 20th day of SEPTEMBER, 1988, and the same was
so passed and adopted by the following vote:
AYES: Councilmembers: Clutter, Dannen, and Mayor
Jacobson.
NOES: Councilmembers: Anderson and West
ABSENT: none
I do hereby further certify that pursuant to the provisions
of Section 36933 of the Government Code of the State of
California, that the foregoing Ordinance No. 1121 was duly and
regularly published according to law and the order of the City
Council of said City of E1 Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within
said City and that the same was so published therein on the
following date, to wit:
OA
City Clerk of the
(SEAL) City of E1 Segundo, California