Pismo Beach Measure B-20 Ordinance O-2020-XXX November 2020PAGE 1 OF 2
O-2020-XXX
MEASURE B-20
ORDINANCE NO. O-2020-XXX
AN ORDINANCE OF THE PEOPLE OF THE CITY OF PISMO BEACH, CALIFORNIA
AMENDING SECTION 3.20.030 OF THE PISMO BEACH MUNICIPAL CODE TO
INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 10 PERCENT TO 11
PERCENT
The People of the City of Pismo Beach, California do ordain as follows:
SECTION 1.
Section 3.20.030 of the Pismo Beach Municipal Code is hereby amended to read as
follows:
3.20.030 Tax imposed.
For the privilege of occupancy in any hotel, each transient is subject to and shall
pay a tax in the amount of eleven percent of the rent charged by the operator. Said
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 upon the transient's ceasing to occupy space in the hotel. If for any
reason the tax due is not paid to the operator of the hotel, the tax administrator
may require that such tax shall be paid directly to the tax administrator.
SECTION 2.
Notwithstanding Elections Code Section 9217, without a vote of the people, the City
Council may further amend Section 3.20.030 of the Pismo Beach Municipal Code in a
manner that does not impose, extend, or increase the amount of tax set forth in that
section.
SECTION 3.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions
of state or federal law, including, without limitation, the Constitution of the State of
California. If any section, subsection, or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining sections, subsections
and clauses shall not be affected thereby. If this ordinance, or any section, subsection or
clause of this ordinance shall be deemed unconstitutional or invalid as applied to a
particular appeal, the validity of this ordinance and its sections, subsections, and clauses
in regard to other contracts shall not be affected.
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O-2020-XXX
SECTION 4.
Pursuant to California Constitution Article XIIIC, Section (2)(b) and Elections Code
Section 9217, if a majority of the qualified voters voting in the election on Measure “B-20”
vote in favor of the adoption of this ordinance, this ordinance shall be deemed valid and
binding and shall be considered as adopted upon the date that the vote is declared by
the City Council, and shall go into effect ten days thereafter.
SECTION 5.
If passed by the voters, the City Clerk shall certify to the passage and adoption of this
Ordinance, shall enter the same in the book of original ordinances of the City and shall
make a minute of the passage and adoption thereof in the records of the meeting at which
the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City
Clerk shall cause the same to be posted in three public places within the City of Pismo
Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell
Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
PASSED AND ADOPTED by the People of the City of Pismo Beach this 3rd day of
November 2020.
Attest:
________________________
Erica Inderlied, City Clerk