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O1863 e e FD:MD:brjf:\finance\admin\stfrpts\srtaxadm.2 Council Meeting 9-24-96 Santa Monica, California ORDINANCE NUMBER 1863 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6.72.010, AND 6.72.070 AND 6.72.090 TO THE SANTA MONICA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subparagraph (d) of Section 6.72.010 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.72.010 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this Chapter. (a) Person. "Person" shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of kind, joint venture, club, Massachusetts business or common-law trust, society, individual, or municipal corporation. (b) city. "City" shall mean the City of Santa Monica. 1 e e (c) Telephone corporation, Electrical corporation, and Gas corporation. "Telephone corporation, 11 "electrical corporation," and "gas corporation1l shall have the same meanings as defined in section 234, 218, 222, 241 and 215.5, respectively, of the Public utilities Code of the state of California, as said sections existed on January 1, 1969. "Electrical corporation" shall be construed to include any municipality or franchised agency engaged in the selling or supplying of electrical power to a service user. (d) Tax Administrator. "Tax Administrator" shall mean the Director of Finance-City Controller of the City of Santa Monica. (e) Service supplier. "Service Supplier" shall mean a person required to collect and remit a tax imposed by this Chapter. (f) Service User. "Service User" shall mean a person required to pay a tax imposed by this Chapter. (g) Month. "Month" shall mean a calendar month. SECTION 2. section 6.72.070 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.72.070 COllection Of tax. (a) Every person receiving payment of charges from a Service User shall collect the amount of tax imposed by this Chapter from the Service User. 2 e e (b) The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the Service Supplier. (c) The duty to collect tax from a Service User shall commence with the beginning of the first regular billing period applicable to that person which starts on or after the July 1, 1969. Where a person receives more than one (1) billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (d) Notwithstanding the foregoing, the Tax Administrator shall have the power both to waive the duty of the person required to collect tax from a Service User, and to impose such duty on a prospective basis only, so long as such waiver or such prospective application is in writing and complies with any Administrative Rules adopted by Resolution of the city Council to facilitate the implementation of this Chapter. Except as otherwise permitted by ordinance or Administrative Rules adopted by Resolution of the city Council, the decision of the Tax Administrator shall be final and not appealable to the City Council, but 3 e e subject to judicial review pursuant to CCP section 1094.5. SECTION 3. section 6.72.090 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.72.090 Penalty. (a) Taxes collected from a Service User which are not remitted to the Tax Administrator on or before the due dates provided in this ordinance are delinquent. (b) Penalties for delinquency in remittance of any tax collected or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of fifteen percent (15%) of the total tax collected or imposed herein. (c) The Tax Administrator shall have power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this ordinance for fraud or negligence in reporting or remitting at the rate of fifteen percent (15%) of the amount of the tax collected or as recomputed by the Tax Administrator. (d) Every penalty imposed under the provisions of this Section shall become a part of the tax required to be remitted. 4 e e (e) The Tax Administrator shall have the power to reduce or to waive any penalty upon persons required to collect and remit taxes under the provisions of this Chapter so long as such reduction or waiver is in writing and complies with any Administrative Rules adopted by Resolution of the city Council to facilitate the implementation of this Chapter. Any request for reduction or waiver of any penalty assessed pursuant to this section shall be made in writing no later than thirty (30) days following the assessment of the penalty. Except as otherwise permitted by ordinance or Administrative Rules adopted by Resolution of the City council, the decision of the Tax Administrator shall be final and not appealable to the City Council, but subject to jUdicial review pursuant to CCP section 1094.5. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or 5 e e unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~~ MARSHA JON~$ MOUTRIE City Attorh'ey 6 e e 4J;~~ Mayor State ofCahfomla ) County of Los Angeles) ss CIty of Santa Maruca ) I. Mana M Stewart, Clty Clerk of the Clty of Santa Maruca, do hereby cernfy that the foregomg Ordmance 1'\0 1863 (CCS) had Its first readmg on September 10. 1996. and had lts second readmg on September 24. 1996 and was passed by the followmg vote Ayes COUllell members Abdo, Ebner, Genser, Greenberg, Holbrook. O'Connor. Rosenstem Noes Counell members None Abstam Counell members None Absent COUllCll members None ATTEST \... ~ ~ -~e>-S Clty Clerk 1 PROOf O. PUBLII liON (2015.5 C.C.P,) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter, 1 am the principal clerk of the printer of the THE OUTLOOK 1.......4.~.......~..'..1.~....._.,................. a newspaper of general circulation, printed and pUblished .~"'.IJ..X. f;~~t:.~ .~Ynl1/}X. in the City of ,~.M:r^.1\'9NJk^............ County of Los Angeles, and which newspaper has been adtudged a newspaper of general circulation by the Superior Court of the County of Los Angeles. State of Californ ia, under the date of.!~!\h .~~ 19 .~~., Case Number ..~11.n.!!.....; that the notice, of which the annexed Is a printed copy (set in type not smaller than nonparei!), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to.wit: . . .. . .. .. .s~I. 2& . .. . .. . .. .. . . . .. .. . . .. .II .. .. .. . . .. . . .. .. .. .. .. .. .. .. .. .. .. al I in the year 19.. .96- I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at.... ~~~.1'~. r'1I9.J:l~~.~.................. ~'I'"'''' California, this... ~8... ,day of.. :u.1?:r, 19 .96. t-a- .................... The Oudool, 1920 ColoradO Ave Santa Monica, California 90404 (310) 829-6811 ft..... LOS 11-.....06_ VIJM'f ANGELES I~ e This space is for the County Clerk's Filing Stamp Proof of Publication of .,....................,.......,~.......................... .......................................................... EO 9-118 City of Santa Monica Ordmance Numbm' 1863 (CCS) (Cny CoUIlC11 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6 72 010, AND 672.070 AND 6 72 090 OF THE SANTA MONICA MUNICIPAL CODE The folloWIng IS a summary of Ordmance Number 1863 (CCS) JIlllP8tM by me Office of the CttyAttomey Ordmance Number 1863 (CCS) (the "OnllDance") IIlMIIds tine Soctums of the MUnicipal Code related to the City's Utility Usen TIX. The: OrdUllDl:l: ~ Secti~ 6 72 010 to change the term "Tu Admuustration" to "Tax Adminiatrator" The Tax Admmis1ndDr 1!l DJrector of Finance- City Controller of the City SectIon 6 72 070 his been mnended to proVIde cbat Ibc Tax AdmlDIstrator has the power both to WBJVe the duty oflha penon reqw:red to collect lBX from a Servwe User, and to lDlpo5e that duty on a prospect!ve basIB only The Wlliver or !he prospectiw! appIicanon must ~ In wntln& and must comply With any AdmmiaItanon Rules .&lpIed by teIOhrtion by tho City Council to facilitate IIDplenlmlation of Chapter 6.72 FUJBlly, h Ordmanct: llDeadI Section 6.72 D90 to proVIde that the Tax Adnllmstrator has the po_ to roduce or to WBlve III1Y penalty upon per.iOlIIl required to collect and rmnt Unbty User Taxe!I The reduclion or widver ofthB penalty must be In wn1ing and must comply With any Admllllstnlt1VC Rules which are adopted by the City Council to facJhtate "the nnpJemenqbon of tins Chapter All requests for reduction or wuver of lIllY penaJly assessed pursuant to Secbon 6 72 090 must be made in wntmg lID liter than 30 days following the 8S8C5SllIelrt of the penalty The deciSions of the Tax Admmistrator made JNfSllBnl:lO enber Section 6 72 0'71) or 6 72 090, except as otherwise permitted by ordmance or Councd adopted AdmlDlSlfal1vc Rules, are final and not appealable to the City CollllCiI The decisions are sub.Ject to JudiCial reVIeW purswmt to Code of CIVil Procedure Sectlon 1094 , Ordlllance Numb<< 1863 (CCSl wu adopted WI September 24, 1996, and shall become effective 30 days.JTom its 1IIlIophon . ~. I, Maria M ~ City C1mt. do henlby Cl;llrtify... Ordinance Number 1863 (CCS) had Its first reading on Septenaber 1G, 1996, and hid its IIeOOnd reBdmg on September 24, 1996, and WlIS passed by the followiq. !lote Ayes CoUl1Cll members Abdo, Ebner, Geoser, Greenberg, Holbrook, O'Connor. ao-stein Noes CouncIl members. None Abstain' COWlCd mernbm None Absent Cowed JIIeJ11ban None ISI MARlA M STEWART city C\ck The full teJrt of the above Ordlnuce IS avulable upon ~uesfftom 1he tlft"1Ce of tile City Clerk. located at 1685 Main Street, Room ](n. SantI! Momea. Phone' (310) 4S8-B2l1 Pub .September 28. 1996