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Ord 2002 - Amending Article III, Chapter 25 of the Town Code Explicitly Establish a Public Trust on Transient Occupancy Taxes Collected By Hotel and Motel OperatorsORDINANCE 2002 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III, CHAPTER 25 OF THE TOWN CODE TO EXPLICITLY ESTABLISH A PUBLIC TRUST ON TRANSIENT OCCUPANCY TAXES COLLECTED BY HOTEL AND MOTEL OPERATORS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Current Federal Bankruptcy law is unclear on when an ordinance establishes that a public trust is established over monies collected by a hotel or motel operator as transient occupancy taxes. This means that an operator may convert those tax monies to personal use and a Bankruptcy trustee can recover a subsequent repayment to the Town if made within designated periods before the filing r of a bankruptcy petition. The Council - asserts - that the existing ordinance and State law establishes that transient occupancy taxes collected by a hotel or motel operator are public monies and not property of the operator. This ordinance is intended to make that ordinance more explicit with regard to the ownership of the monies. SECTION II Section 25.30.060(a) is amended to read as follows: Sec. 25.30.060. Collection of Tax (a) Actions to collect. Any tax required to be paid by any transient under the provisions of this article shall be deemed to be a debt owed by the transient to the Town. The amount of the tax collected by the operator shall be held to be a special fund in trust for the Town of Los Gatos and shall be deemed to be public monies upon collection. Upon proper notice, the Town may require the person collecting the tax to deposit such amount in a separate account in a federally or state chartered bank located in California and keep the amount of such taxes in that account until payment over to the Town; however, whether the collected taxes are placed in a separate account or not shall have no effect on the trust obligation of the person collecting the tax to hold and remit the taxes to the Town. Any person owing money to the Town under the provisions of this article shall be liable to an action brought in the name of the Town for the recovery of such amount. =0K63 e 1811 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 7, 1995 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 5, 1995. This ordinance takes effect immediately pursuant to Government Code § 36937(d) as it relates to taxes for the usual and customary expenses of the Town. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: None SIGNED: k4 N1 MAYOR OF THE TOWN F LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NASHARMOCCUPTAKORD