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ORD 211ORDINANCE NO. 211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTIONS 3.24.030 AND 3.24.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX WHEREAS, Chapter 3.24 of the La Quinta Municipal Code provides for a transient occupancy tax in the amount of ten percent (10%) of the rent charged; and WHEREAS, the City Council of the City of La Quinta desires to increase the transient occupancy tax rate to 11 percent for Group Hotels. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 3, Chapter 3.24, Section 3.24.030 of the La Quinta Municipal Code is hereby amended to read as follows: "3..24.030 Tax Imposed. For the privilege of occupancy in any Group Hotel or Hotel, each transient is subject to, and shall pay a tax in the amount of eleven (11) percent of the rent charged by the operator or otherwise payable by the transient for Group Hotels and ten percent (10%) for all other Hotel occupancy. Insofar as the transient is concerned, the tax constitutes a debt owned by the transient to the operator or to the city. For the purposes of this section, the rent deemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated the occupancy, which rental value shall be computed by determining the pro rata share of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name the fees, assessments, charges or expenses may be denominated, whether "occupying fee," "maintenance or operations charge," "per diem Ordinance No. 211 fee," "management fee" or like name or otherwise. In making the computation referred to above the pro rata share of the total purchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term. Such pro ration shall be made upon an assumed term of forty years." SECTION 2. Title 3, Chapter 3.24, Section 3.24.020 of the Municipal Code is hereby amended to add the following Subsection I to read as follows: I. "Group Hotel" means any Hotel which has each of the following characteristics: (i) one hundred twenty-five (125) or more rooms; group meeting space to accommodate fifty (50) or more people; (iii) an on -site sales effort that solicits and/or serves group meetings. SECTION 3. This ordinance shall be effective thirty (30) days from and after the date of its adoption. PASSED, APPROVED and ADOPTED this 15th day of September , 1992 by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSTAIN: None ABSENT: None JOHN , Ma r ATT UNDRA L. JUHOLA City Clerk APPROVED AS TO FORM STRADLING, YOCCA, CARLSON & RAUTH, City Attorney 09/10/92 6097u/2588/00 - 2 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, 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. 211 which was introduced at a regular meeting held on the 4th day of August and adopted on the 15th day of September 1992, not being less than 5 days after introduction thereof. I further certify that the foregoing (3) places within the City of La r solution of the City Council. 2 AUNDRA L. JUHOL , City Clerk City of La Quinta, California ordinance was posted in three Quinta as specified in a DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of California do hereby certify that the po ted on September 18, 1992 pursuant to UNDRA L. JUHOLA, City Clerk City of La Quinta, California the City of La Quinta, foregoing Ordinance was City Council Resolution.