HomeMy WebLinkAbout2003-12 - Amending Chapter 3.16 to Newport Beach Municipal Code Pertaining to Uniform Transient Occupancy Tax.ORDINANCE NO. 2003- 12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA,
AMENDING CHAPTER 3.16 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
UNIFORM TRANSIENT OCCUPANCY TAX
WHEREAS, Newport Beach Municipal Code Chapter 3.16 establishes a Uniform
Transient Occupancy Tax (TOT) of nine percent (9 %) of the rental rate on hotel
guests during the first 30 days of their stay.
WHEREAS, the TOT is the City's third highest general fund revenue source
WHEREAS, the City Council formed the Policies on Resort Taxation (PORT)
Committee to address the subjects of timeshare uses and extended stay hotels.
WHEREAS, the PORT Committee recommended changes to the TOT ordinance.
WHEREAS, the City Council desires to implement the changes proposed by the
PORT committee.
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY
ORDAINS as follows:
Chapter 3.16
UNIFORM TRANSIENT OCCUPANCY TAX
Sections:
3.16.010
Short Title.
3.16.020
Definitions.
3.16.030
Tax Imposed.
3.16.040
Exemptions.
3.16.050
Operator's Collection Duties.
3.16.060
Registration of Hotel.
3.16.070
Reporting and Remitting.
3.16.075
Duty of Successor of Operator.
3.16.080
Penalties and Interest.
3.16.085
False and Fraudulent Reports; Penalties.
3.16.090
Enforcement Proceedings; Appeal.
3.16.110
Records.
3.16.115
Divulging Information Prohibited.
3.16.120
Refunds.
3.16.130
Tax Declared a Debt -- Action to Collect.
3.16.140
Penalty for Violations.
3.16.145
Notice.
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SECTION 1:
Section 3.16.010 Short Title.
This Chapter shall be known as the Uniform Transient Occupancy Tax Ordinance.
Section 3.16.020 Definitions.
Except where the context otherwise requires, the definitions in this section shall govern
the interpretation and construction of the terms of this Chapter:
Administrative Services Director. The term "Administrative Services Director' shall
mean the Administrative Services Director of the City of Newport Beach or his /her
designated representative.
City. The term "City" shall mean the City of Newport Beach.
Hotel. The term "hotel" shall mean any structure, or any portion of any structure or the
air space within any structure, which is occupied or intended or designed for occupancy
by transients for dwelling, lodging or sleeping purposes for periods of thirty (30) days or
less. The term hotel includes any inn, residential dwelling unit, motel, group residential
or lodging house, bed and breakfast inn, single room occupancy hotel, hostel, rental
unit, public or private residential club, mobile home, Time -share Project, house trailer at
a fixed location, or other structure or portion of a structure.
The term "hotel" shall also include a space, campsite or similar facility which is
occupied, or intended or designed for occupancy, by a recreational vehicle, camper,
van, trailer, motor home or similar vehicle used, or intended for use as a dwelling,
lodging or for sleeping purposes.
Including. The term "including" shall mean "including, without limitation" and "including,
but not limited to" and shall not be interpreted to imply any limitation on the more
general preceding provision unless otherwise expressly stated.
Individual. The term "individual" shall mean any natural person.
Occupancy. The term "occupancy" shall mean the use or possession, or the right to
use or possession of a specific campsite, space, area, room or rooms in any hotel for
the purpose of dwelling, lodging or sleeping.
Operator. The term "operator" shall mean the person who is proprietor of the hotel,
whether in the capacity of owner, lessee, sublessee, mortgagee in possession,
licensee, Time -share Project owner's association 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
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purposes of this Chapter 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. The term "person" shall mean any individual, firm, partnership, joint venture,
association, social club, fraternal organization, joint stock company, corporation, estate,
trust, business trust, receiver, trustee, syndicate, or any other group or combination
acting as a unit.
Qualifying Rental Agreement. The term "Qualifying Rental Agreement" shall mean a
written leasehold agreement signed by both the operator and transient obligating the
transient to pay rent for use and possession of a room or space in a hotel for a period of
not less than thirty -one (31) consecutive days. The Qualifying Rental Agreement shall
be legally enforceable by both the operator and transient and shall include in its terms
both the right to occupy and the obligation to pay for a room or rooms for thirty -one (31)
days or more. "Qualifying Rental Agreement" expressly excludes:
A. Any agreement, regardless of the rental term, which is terminated for any reason,
by either party, or by mutual consent, prior to the thirty -first (31St) consecutive day
of occupancy; or,
B. Any agreement that would be unlawful or constitute a violation of law.
Rent. The term "rent" shall mean 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. Rent shall include the
consideration charged by an operator for accommodations, including any (1) un-
refunded advance rental deposits or (2) separate charges levied for items or services
which are part of such accommodations including, but not limited to, furniture, fixtures,
appliances, linens, towels, non - coin - operated safes, utilities (such as energy
surcharges) and maid service.
Time -share Interest. The term "Time -share Interest" shall mean either a time -share
estate or a time -share use (as those terms are defined in Section 11003.5 of the
Business and Professions Code) and any similar form of ownership involving a right in
perpetuity, for life, or for a term of years, to occupy any room, space or area in a Time-
share Project.
Time -share Owner. The term "Time -share Owner" shall mean any person or entity that
owns a Time -share Interest.
Time -share Project. The term "Time -share Project" shall mean a structure or real
property (including airspace) in which a Time -share Interest has been sold.
Transient. The tern "transient" shall mean any individual who exercises occupancy or
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is entitled to occupancy by reason of concession, permit, right of access, license or
other agreement for a period of thirty (30) consecutive calendar days or less, counting
portions of calendar days as full days. Any individual occupying space in a hotel shall be
deemed to be a transient until the period of thirty (30) days has expired, and the tax
imposed by this Chapter shall be due upon all rent collected or accruing prior to the
thirty first (31S) consecutive day of occupancy unless occupancy extends to the thirty
first (31") day or thereafter. The term transient shall not include any person who
occupies any room, space or area in a Time -share Project pursuant to a Time -share
Interest and without paying rent including: (a) a Time -share Owner; (b) a member of the
family or guest of the Time -share Owner; (c) any person who is entitled to occupancy
pursuant to any time -share exchange program, or any similar program; and (d) any
person entitled to occupancy pursuant to any exchange or incentive program involving
or sponsored by the operator of the Time -share Project.
Section 3.16.030 Tax Imposed.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a
tax in the amount of nine percent (9 %) of the rent charged by the operator. The tax
constitutes a debt owed by the transient to the City, which is extinguished only by
payment to the operator or to the City. The transient shall pay the tax to the operator of
the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate
share of the tax shall be paid with each installment. The unpaid tax shall be due when
the transient ceases to occupy space in the hotel. If for any reason the tax due is not
paid to the operator of the hotel, the Administrative Services Director may require that
such tax shall be paid directly to the Administrative Services Director.
Section 3.16.040 Exemptions.
No tax shall be imposed upon:
A. Any person as to whom, or any occupancy as to which, it is beyond the power of
the City to impose the tax specified in this Chapter, and only when in the
performance of official duties thereof.
B. Any officer or employee of a foreign government who is exempt by reason of
express provision of Federal Law or international treaty.
C. A transient occupying a hotel pursuant to a Qualifying Rental Agreement entered
into prior to the first (1 st) day of occupancy.
D. An employee of an airline company who is occupying a hotel room in the course
of his or her employment, but only when the room is rented by the airline
employer pursuant to a Qualifying Rental Agreement, that has been pre -
approved by the Administrative Services Director.
E. No exemption shall be granted except pursuant to an application filed when the
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rent is collected and under penalty of perjury upon a form prescribed by the
Administrative Services Director. It is the transient's responsibility to provide
necessary proof of the exemption.
Section 3.16.050 Operator's Collection Duties.
A. Each operator shall collect the tax imposed by this Chapter to the same extent
and at the same time as the rent is collected from every transient. The amount of
tax shall be separately stated from the amount of the rent charged, and each
transient shall receive a receipt for payment from the operator. No operator of
hotel shall advertise or state in any manner, directly or indirectly, that all or a
portion of the tax will be assumed, waived, absorbed or refunded by the operator.
B. Notwithstanding the provisions of Subsection A, the operator shall not be
required to separately state the rent and the tax on receipts and books of record,
when room accommodations constitute only a portion of a collective group of
services, privileges, entitlement or benefits ( "Benefits ") that include, at a
minimum, room accommodations and food and beverage services or room
accommodations and at least one other benefit having an ascertainable fair
market value ( "Special Package ") offered for one fixed charge ( "Special Package
Rate "), provided the operator complies with Subsection 3.16.050(C).
C. (i) The operator shall file with the Administrative Services Director a
statement of each Special Package on a form ( "Special Package
Application ") provided by the Administrative Services Director. The
Special Package Application shall detail the Benefits of the Special
Package and an itemization of that portion of the Special Package that is
rent and tax and each of the benefits. The operator shall provide written
evidence to establish the claimed fair market value of each Benefit other
than rent and tax. The Administrative Services Director shall mark the date
of receipt on the Special Package Application and review the submitted
information to determine if sufficient information is provided to verify that
the value of the Benefits, rent and tax. The operator shall designate a
specific name or number to the Special Package as part of the Special
Package Application. The Special Package Application shall not be
accepted unless accompanied by a fee for processing that has been
established by resolution of the City Council.
The name or number designated on the Special Package Application shall
appear on all receipts and books of record whenever the Special Package
is sold.
(iii) If the Special Package Application is deemed incomplete, the
Administrative Services Director will advise the operator of any required
changes within fourteen (14) City business days. The operator must either
make the required changes and resubmit the Special Package Application
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or comply with Subsection 3.16.050(A)
(iv) The Administrative Services Director shall approve, conditionally approve
or disapprove the Special Package within fourteen (14) days of receipt of
a complete Special Package Application. In the event of disapproval the
Administrative Services Director shall give the operator written notice of
the reasons for disapproval. The effective date of the Special Package
Rate shall be the date on which the Administrative Services Director
receives a complete Special Package Application that is approved. A new
Special Package Application shall be submitted whenever the operator
changes the rent or Benefits of any previously approved Special Package.
D. The tax shall apply only to the amount of rent identified in the Special Package
that has been approved by the Administrative Services Director.
E. If an operator fails to comply with Subsection 3.16.050(A) and also fails to obtain
approval of a Special Package Rate pursuant to Subsection 3.16.050(C), the tax
('Imputed Rate ") shall be the lesser of (i) the amount collected for the total
Special Package or (ii) an amount equal to the median average double
occupancy room rate for the accommodations as posted in the room pursuant to
the requirements of Section 1863 of the Civil Code (or any successor section).
F. Notwithstanding Subsections 3.16.050(C) and 3.16.050(D), if any audit reveals
that the gross income to the operator attributable to the rent portion of Special
Package ( "Audited Rate ") is more that ten percent (10 %) greater than the rent
specified in the Special Package Rate, the rent for purposes of calculating the tax
shall be the Audited Rate. In the event Subsection 3.16.050(E) applies and the
Audited Rate is greater than the Imputed Rate, the rent for tax purposes shall be
the Audited Rate. The Audited Rate shall be determined by an audit of a sample
of the Special Packages sold by the operator within each Special Package
category. The Audited Rate shall be the amount of the Special Package Rate
remaining after deducting the fair market value of each of the Benefits included in
the Special Package Rate other than room accommodations and tax. Where
more than one type of Special Package is offered within the audit period, each
Special Package shall be audited separately for purposes of determining the
applicable Audited Rate. Credits or offsets shall not be allowed between different
Special Packages.
Section 3.16.060 Registration of Hotel.
Within thirty (30) days after commencing business each operator of any hotel renting
occupancy to transients shall register the hotel with the Administrative Services Director
and obtain a "transient occupancy registration certificate" to be at all times posted in a
conspicuous place on the premises. The certificate shall, among other things, state the
following:
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A. The name of the operator.
B. The address of the hotel.
C. The date upon which the certificate was issued.
D. The following statement: "This transient occupancy registration certificate
signifies that the person named on the certificate has fulfilled the requirements of
the Uniform Transient Occupancy Tax Ordinance (Chapter 3.16 of the Newport
Beach Municipal Code) by registering with the Administrative Services Director
for the purpose of collecting the tax from transients and remitting the tax to the
Administrative Services Director. This certificate does not authorize any person
to conduct any unlawful business, to conduct any lawful business in an unlawful
manner or to operate a hotel without strictly complying with all local laws,
including those requiring a permit from any board, commission, department or
office of the City. This certificate does not constitute a permit."
Section 3.16.070 Reporting and Remitting.
A. Each operator shall, on a form provided by the City, make a return to the
Administrative Services Director of the total rents charged and received, the
amount of tax collected for transient occupancies, the number of rental units
available on the premises, and such other information as the Administrative
Services Director may reasonably require. The return shall be made on or before
the last day of the month following the close of each calendar quarter or on a the
day specified by the Administrative Services Director if a different reporting
period has been established. Returns are considered made and taxes paid only
upon receipt of the tax return and the tax by the City. At the time the return is
filed, the full amount of the tax collected shall be remitted to the Administrative
Services Director. The Administrative Services Director may establish either
shorter or longer reporting periods for any individual certificate holder or category
of certificate holders if the Administrative Services Director deems it necessary or
desirable in order to insure collection of the tax or to increase the efficiency of its
administration. Returns and payments are due immediately upon cessation of
business for any reason. All taxes collected by operators pursuant to this Chapter
shall be held in trust for the account of the City until payment is made to the
Administrative Services Director.
B. The filing of a return shall not preclude the City from collecting by appropriate
action any tax actually due and payable pursuant to this Chapter or taking any
other action to enforce the provisions of this Chapter. Each return shall be
subject to audit and verification by the Administrative Services Director or
authorized agents of the City, who are authorized to examine, audit and inspect
such books and records of any operator as may be necessary in their judgment
to verify or ascertain the amount of tax due. The Administrative Services Director
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or agent of the City shall not have right of access to, nor examine records that
are not pertinent to ascertaining the amount of tax due unless the operator fails
to provide City with the means of verifying information relevant to the obligations
imposed by this Chapter.
Section 3.16.075 Duty of Successor of Operator.
A. If an operator who is liable for any tax or penalties under this chapter sells or
otherwise disposes of the hotel operation, his /her successor shall notify the
Administrative Services Director of the date of sale at least thirty (30) days before
the date of sale, or if the decision to sell was made less than thirty (30) days prior
to the actual sale, then immediately and shall upon withhold a sufficient portion of
the purchase price to equal the amount of any unpaid taxes or penalty until the
selling operator produces a receipt from the Administrative Services Director
showing that the tax or penalty has been paid or a tax clearance certificate from
the Administrative Services Director stating that no tax or penalty is due. If the
seller does not present a receipt or tax clearance certificate within thirty (30) days
after such successor commences to conduct business, the successor shall
deposit the withheld amount with the Administrative Services Director pending
settlement of the account of the seller.
B. If the successor operator to the hotel operation fails to withhold a portion of the
purchase price as required in Section 3.16.074(A). The successor operator shall
be liable to the City for the payment of the amount required to be withheld.
Within thirty (30) days after receiving a written request from the successor for a
tax clearance certificate stating that no tax or penalty is due, the City collector
shall either issue the certificate or mail notice to the successor at its address as it
appears on the records of the City collector of the estimated amount of the tax
and penalty that must be paid as a condition of issuing the certificate.
Section 3.16.080 Penalties and Interest.
A. Initial Penalty. Any operator who fails to remit any tax imposed by this Chapter
within the time required shall pay a penalty of ten percent (10 %) of the amount of
the tax in addition to the amount of the tax (Initial Penalty). The Initial Penalty
may not be waived.
B. Second Penalty. Any operator who fails to remit the tax and Initial penalty on or
before a period of thirty (30) days following the date on which the remittance first
became delinquent shall pay a second delinquency penalty of ten percent (10 %)
on both the amount of the tax and the Initial Penalty (Second Penalty). The
Second Penalty may not be waived.
C. Interest. In addition to the penalties imposed, any operator who fails to remit any
tax imposed by this chapter shall pay interest on the amount of tax that is due
and owing at the rate of one and one -half of one percent (1 1/2 %) per month for
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each month or portion of a month that the tax remains unpaid exclusive of
penalties.
D. Penalties Merged with Tax. For purposes of collection, every penalty imposed
and such interest as accrues under the provisions of this section shall become a
part of the tax required to be paid.
E. In addition to the penalties and interest provided in this Section, the operator
shall reimburse City for City's costs in performance of an audit if, as a result of
the audit, it is determined there was any intentional misrepresentation by the
operator with respect to the amount of Transient Occupancy Tax due to the City
or there is a five percent (5 %) or greater discrepancy between the amount of
annual Transient Occupancy Tax due to the City and the amount paid by the
operator. Such reimbursement shall be paid by operator within thirty (30) days
of the date City notifies operator in writing of the amount of City's costs.
Section 3.16.085 False and Fraudulent Reports; Penalties.
A. It shall be unlawful for any operator or person to willfully make, render, sign or
verify any false or fraudulent report required by this chapter with intent to defeat
or evade the determination of any amount required to be paid under this
Chapter.
B. If the Administrative Services Director determines that the nonpayment of any
remittance (tax and /or penalty) due under this Chapter is due to fraud, a penalty
of twenty -five percent (25 %) of the amount of the tax shall be added thereto in
addition to any penalties stated in Section 3.16.080.
Section 3.16.090 Enforcement Proceedings; Appeal.
A. If any operator shall fail or refuse to collect the tax or to make, within the time
provided in this Chapter, any report and remittance of the full amount of the tax
required by this Chapter, the Administrative Services Director shall use his /her
best efforts to obtain information on which to base an estimate of the tax due.
The Administrative Services Director shall, upon making a determination of the
estimated tax or other violation, provide the operator with written notice of the
determination and the factual basis for the estimated tax or other violation. The
written notice of determination shall be served on the operator personally or by
deposit in the United States mail, postage prepaid, addressed to the operator at
the is last known place of address. The operator may, within ten (10) days after
service of written notice of determination, appeal the determination by filing a
written appeal with the Administrative Services Director specifying the basis of
the appeal and amount of tax or nature of violation contested.
B. If the operator fails to timely appeal a determination by the Administrative
Services Director the determination shall be final and conclusive and the tax,
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interest and penalties shall become immediately due and payable and /or the
violation shall be deemed established.
C. If the operator files a timely appeal of the determination, the Administrative
Services Director shall appoint a hearing officer and give the operator not less
than fifteen (15) days written notice of the hearing on the appeal. The operator
shall have the right to present evidence relevant to the determination and the
hearing shall be conducted in accordance with the general rules applicable to
any administrative hearing. The hearing officer shall submit to the City Manager
a transcript of the hearing together with recommended findings of fact and
conclusions of law. The City Manager shall consider the material submitted by
the hearing officer and render a decision within fifteen (15) days after
submission. The decision of the City Manager shall be final.
Section 3.16.110 Records.
It shall be the duty of every operator liable for the collection and payment to the City of
any tax imposed by this Chapter to keep and preserve, for a period of not less than four
years, all records necessary to determine the amount of tax the operator was required
to collect and pay to the City. All retained records shall be subject to audit as provided
in Section 3.16.070. The Administrative Services Director shall have the right to inspect
and /or audit these records at any time during normal business hours on twenty -four (24)
hours written notice. The records shall be maintained at the operator's premises or at a
location convenient to the Administrative Services Director. The records shall include at
least the following:
Daily summaries of room occupancies
(ii) A record of each occupancy charge for which exemption is claimed, the City
provided form of exemption, if applicable, including the name of the individual
occupying the room, dates of occupancy and reasons for exemption;
(iii) All qualifying rental agreements.
Section 3.16.115 Divulging Information Prohibited.
Returns filed with the City pursuant to this Chapter, and information regarding the
amount of gross receipts, adjustments, credits, over collections, tax, penalty and
interest, shall be and remain confidential. No person having an administrative duty
under this Chapter shall make known in any manner whatever the business affairs,
operations, or information obtained by an investigation or audit of the records of any
operator or any other person visited or examined in the discharge of official duty, or the
amount or source of income, profits, losses, expenditures, of the operator, set forth or to
knowingly permit any return or any abstract, or copy of the return to be seen or
examined by any person, except this Section shall not apply to (i) any disclosures made
in connection with any hearing, appeal, or any civil action or proceeding relating to the
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determination or recovery of the tax; (ii) any prosecution of any person for violation of
any provision of this Chapter; or (iii) any criminal or civil proceeding pertaining to the
tax. This Subsection shall not prohibit, nor be construed to prohibit, disclosure of
statistical or cumulative information derived from tax returns, when the information
disclosed does not identify or relate to any particular operator. This Subsection shall not
prohibit, nor be construed to prohibit, any disclosure of tax returns or information when
disclosure is compelled by an order of court or other judicial process.
Section 3.16.120 Refunds.
A. Claim Required. Whenever the amount of any tax, interest or penalty has been
overpaid, paid more than once or has been erroneously or illegally collected or
received by the City, the tax may be refunded as provided in Sections
3.16.120(B) and (C) provided that a written claim for refund is filed with the
Administrative Services Director. The claim for refund must be filed within three
years of the date of payment, be made on forms furnished by the Administrative
Services Director and be signed by the operator under penalty of perjury.
B. Claim by Operator. An operator may claim a refund, or take as credit against
taxes collected and remitted, the amount overpaid, paid more than once or
erroneously or illegally collected or received when it is established in a manner
prescribed by the Administrative Services Director that the person from whom the
tax has been collected was not a transient. However, neither a refund nor a
credit shall be allowed unless the amount of the tax collected has either been
refunded to the transient or credited to rent subsequently payable by the
transient to the operator.
C. Claim by Transient. A transient may obtain a refund of taxes overpaid or paid
more than once or erroneously or illegally collected or received by the City by
filing a claim in the manner provided in Section 3.16.120(A), but only when the
tax was paid by the transient directly to the Administrative Services Director, or
when the transient, having paid the tax to the operator, establishes to the
satisfaction of the Administrative Services Director that the transient has been
unable to obtain a refund from the operator who collected the tax.
D. Evidence. No refund shall be paid under the provisions of this Section unless the
claimant establishes his /her right by written evidence and to the satisfaction of
the Administrative Services Director.
Section 3.16.130 Tax Declared a Debt -- Action to Collect.
Any tax required to be paid by any transient pursuant to this Chapter shall be deemed a
debt owed by the transient to the City. Any such tax collected by an operator that has
not been paid to the City shall be deemed a debt owed by the operator to the City. Any
person owing money to the City pursuant to this Chapter shall be liable to an action
brought in the name of the City for the recovery of such amount.
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Section 3.16.140 Penalty for Violations.
Any operator or other person who willfully (i) fails or refuses to register as required by
this Chapter; (ii) fails to make any return required to by this Chapter; (iii) fails or refuses
to furnish a supplemental return or other data required by the Administrative Services
Director; or (iv) makes a false or fraudulent return or claim, is guilty of a misdemeanor
and is punishable as provided in Section 1.04.010 of the Newport Beach Municipal
Code.
Section 3.16.145 Notice.
Any notice required to be given pursuant to this Chapter, shall be deemed given if
personally served on the operator or the operator's representative, or if deposited in the
United States mail, first class postage prepaid, and addressed to the operator at the
address shown on the transient occupancy registration certificate.
SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one to more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: 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 fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 8th day of July, 2003, and adopted on the 22nd day of July,
2003, by the following vote, to -wit:
AYES, COUNCILMEMBERS Heffernan, Adams, Webb,
Nichols, Mayor Bromberg
NOES, COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS proctor, Ridgeway
MAYOR
ATTEST:
CITY CLERK
iv
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2003 -12 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
22nd day of July 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: Proctor, Ridgeway
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of July 2003.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2003 -12 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: July 26, 2003.
In witness whereof, I have hereunto subscribed my name this � day ofa
2003.
City Clerk
City of Newport Beach, California