ORD 557ORDINANCE NO. 557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 3.35 TO THE LA
QUINTA MUNICIPAL CODE, RELATING TO THE POLICY TO
REVENUE COLLECTION, AND CLARIFYING THE
COLLECTION OF REVENUES UNDER EXISTING MUNICIPAL
CODE PROVISIONS RELATING TO THE TRANSIENT
OCCUPANCY TAX
WHEREAS, Title 3 of the La Quinta Municipal Code relates to revenue and
finance of the City of La Quinta ("City"); and
WHEREAS, a citizens' advisory committee issued in January 2016 the Advisory
Committee's Final Report, which, among other items, recommended maximizing
revenues available to the City, including revenues that may be collected under the
City's current Transient Occupancy Tax, commonly known as "TOT" or the "hotel tax";
and
WHEREAS, on February 7, 2017, the City Council directed an ordinance be
presented to the City Council for consideration, in furtherance of this recommendation
from the Advisory Committee's 2016 Final Report.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1: Recitals. The foregoing recitals are true and correct and are
incorporated herein as though set forth in full.
SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted
by the California Constitution and state law, in addition to the La Quinta City Charter.
SECTION 3: Adoption. Chapter 3.35 of the La Quinta Municipal Code is hereby
added to the La Quinta Municipal Code, as written in "Exhibit A" attached hereto.
SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds
that the project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Title 14 California Code of Regulations Sections 15061(b)(3) and
15378, in that it can be seen with certainty that the adoption of the Municipal Code
amendments propose no activity that may have a significant effect on the
environment and will not cause a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment.
Ordinance No. 557
Adding Chapter 3.35 - Revenue Collection Policy Relating to Transient Occupancy Tax
Adopted: May 2, 2017
Page 2 of 5
SECTION 5: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance or existing
provisions in the La Quinta Municipal Code. The City Council hereby declares that it
would have adopted this Ordinance and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more section, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional.
SECTION 6: Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 7: Posting. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the permanent record of Ordinances of the City of La
Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 2nd day of May, 2017by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, Cit Jerk
City of La Quinta, California
(CITY SEAL)
Ordinance No. 557
Adding Chapter 3.35 - Revenue Collection Policy Relating to Transient Occupancy Tax
Adopted: May 2, 2017
Page 3 of 5
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 557
Adding Chapter 3.35 - Revenue Collection Policy Relating to Transient Occupancy Tax
Adopted: May 2, 2017
Page 4 of 5
EXHIBIT A
CHAPTER 3.35 is added to the La Quinta Municipal Code, to read.
CHAPTER 3.35 POLICY FOR REVENUE COLLECTION
3.35.010 General Policy.
It is the policy of the city to maximize the receipt of revenue, authorized to be
collected by the city pursuant to this code, to the maximum extent permitted by law.
3.35.020 Fees and Charges Covered by Transient Occupancy Tax.
In clarification of existing provisions in this code, and in furtherance of the
policy set forth in this chapter, "rent" as defined in Section 3.24.020(E) includes any
and all resort fees or charges that are part of the amount of the consideration
charged or chargeable to the tenant or person entitled to occupancy, for occupancy of
space, valued in money whether received in money, goods, labor or otherwise.
Ordinance No. 557
Adding Chapter 3.35 - Revenue Collection Policy Relating to Transient Occupancy Tax
Adopted: May 2, 2017
Page 5 of 5
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LA QUINTA j
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 557 which was
introduced at a regular meetin� on the 18th day of April, 2017, and was adopted at a
regular meeting held on the 2n day of May, 2017, not being less than 5 days after the
date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
"ZLV- ble-A�
SUSAN MAYSELS, Cit Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on May 4, 2017, pursuant to Council Resolution.
SUSAN MAYSELS, Cit Jerk
City of La Quinta, Call ornia