SR-212-001 (4)
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CA: RMM: r
CIty Council Meeting 10-12-82
Santa Monlca, California
OCT 1 ~ 1982
STAFF REPORT
TO:
Mayor and Clty Councll
FROM:
Ci ty Attorney
SUBJECT:
Increase in Transient Occupancy Tax
On January 14, 1982, the City Council d~rected the City
Attorney
to prepare an ordinance Increasing the transient
occupancy tax from six percent to eight percent. ThIS direction
was given in connection with a direction to the City Manager to
explore creation of a Convention and VisItors Bureau. The return
of the ordInance to the City Councll was delayed pending
resolutlon of the details of the Convention and Visitors Bureau.
The accompanying ordinance adds Sectlon 6601A to the
MunCIpal Code.
The section will provide for an addltional two
percent tax, bringIng to elght percent the total tranSIent
occupancy tax. The CIty Attorney's opinion that this ~ncrease is
not precluded by Article XIIIA of the Cal~fornia Constitution was
recently reinforced by the CalIfornia Supreme Courtls decision in
eity & County of San Francisco v. Farrell.
RECOMMENDATION
It ~s respectfully recommended that the accompanying
ordinance be Introduced for fIrst reading.
PREPARED BY: Robert M. Myers, Clty Attorney
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'OCT 1 2 1QO?
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CA: rum : r
CIty Council Meeting 10-12-82
Santa rtonica, CalIfornia
ORDHJAHCE JJUI1BER
(Clty Council Series)
An ORDIIJAnCE OF ':'HE CI':'Y COUNCIL OF ':'HE
CI':'Y OF SAN':'A l10UICA ADDIJJG
HUllICIPAL CODE sr.C"::'Iml flflOlA
RELA':'HIG 'l'O r:'RAnSICIJ':' OCCUPAnCY r;:'AX
WHERF:AS, the CIty Councll of the r.ity of Santa rlonica
nesIres to increase the overall tranSIent occupancy tax from SIX
percent (6%) to eIght percent (8%); and
~JHEREAS, the purpose of the increase In the transient
occupancy tax IS to Increase general revenues for the City of
Santa BonIca; and
UHEREAS, the transient occupany tax is not a specIal tax
\lIthin the meanIng of Section 4 of ArtIcle XIIIA of the
CalifornIa ConstitutIon,
iJOH, ':'HEREF'ORE, ':'HE CI""'Y councn, OF ':'HE CI':'Y OF SAH':'A
rlOlJICA noF;; ORDAIn AS FOLLOHS:
SI:C'::.'Ion 1.
SectIons 6601A IS hereby added to the Santa
Ifonlca l1unIcIpal Cone to read as follows:
Section 6601A. AonItlonal ':'ax. In
addition to the tax IMposes and levied by
SectIon 6601, there IS hereby Imposed and
leVIed on each and every tranSIent a tax
for general revenue purposes equlvalent
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to two percent (2%) of the total amount
paIn for roo~ rental by or for any such
transient to any notel, which tax shall
be inposeo an~ levied in the same manner
as the tax ~Mposed and levle~ by Section
6601.
Code
this
SFT.....lon 2. Any provlslon of the
or append~ces thereto lncons~stent
ordinance, to the extent of such
Santa 110nica nunicipal
with the provisions of
inconsistencies and no
further, are hereby repealed or nodif~ed to that extent necessary
to affect the prov~s~ons of t~~s ordinance.
5EC~rON 3. If any sect~on, subsection, sentence, clause,
or phrase of th~s ordInance IS for any reason held to be InvalId
or unconstltutional by a deCIsion of any court of any cOMpetent
juriSdiction, such deCIsion shall not affect the validity of the
renalnlnq portions of the ordinance. ~he City CouncIl hereby
declares that It would have passed thIS ordlnance and each and
every section, subsection, sentence, clause or phrase not
declared Invalin or unconstItutional without regaro to whether
any portion of the ordinance \lould be subsequently declared
invallo or unconstitutional.
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SEC?IOn 4. ':'he l1ayor shall slqn ann the Ci ty Clerk shall
attest to the passage of thiS ordInance. ~hlS City Clerk shall
cause the saMe to be publIshed once in the official newspaper
within 15 days afte~ Its adoption.
~he ordinance shall become
effective after 30 days fro~ its adoption.
APPROVED AS ':'0 FORt1:
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Ronert ~1. ftyers
CIty Attorney
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