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Ordinance No. 62ORDINANCE NO 62 AN ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR THE LEVY AND COLLECTION OF AN ADMISSION TAX FOR ATTENDANCE AT HORSE RACE OR HARNESS HORSE RACE EVENTS AND PENALTIES FOR VIOLATION THEREOF The City Council of the City of Cypress does ordain as follows Section 1. There is hereby levied and assessed and shall be collected and paid, a tax of ten cents upon each paid admission to any horse racing meeting or harness horse racing meeting held or conducted within the City Section 2 The tax imposed by this Ordinance shall not apply to admissions which are made pursuant to passes, box seats, reserved seats or per- sons whose admission to the place is required for the performance of some duty to, or work for, the proprietor Section 3 The tax levied and assessed hereunder is hereby imposed upon the person paying for such admission, and shall be paid at the time when and the place at which such admission charge is paid Such tax shall be collected by the person charging for such admission. Section 4 On or before the tenth day of each calendar month the person collecting the tax levied and imposed hereunder shall render (in duplicate) an accounting or statement to the City of all (except as hereinafter provided) such taxable admissions to any such en- closure or place during the calendar month preceding such accounting or statement Such accounting or statement shall be filed with the City Treasurer at the office of said Treasurer in the City Hall, and at the time of such filing the person collecting such tax shall then and there pay to said City Treasurer all amounts so collected as taxes hereunder, as shown in such accounting or statement. Section 5 The forms of return to be executed and filed pursuant to the requirements of this Ordinance shall be such as may be prescribed by -1- Ordinance No 62 or acceptable to the City Manager and City Treasurer Section 6 At the time of rendering the final accounting or statement re- quired under this Ordinance for any meeting, the person making such accounting shall pay to the City Treasurer all amounts collected during the time during which such meeting was conducted, and which remain unpaid to the City. Section 7 A failure on the part of the person collecting such taxes under this Ordinance to pay the entire amount of taxes due hereunder within the time hereinabove prescribed, shall automatically cause the amount of such taxes then unpaid forthwith to become delinquent and the City Treasurer shall thereupon add and collect a penalty of five percent of the taxes so delinquent Section 8 The amount of any tax and of any penalty imposed by this Ordinance shall be deemed a debt to the City, and any person conducting any such horse racing or harness horse racing meeting or other event to which the admission tax hereby imposed applies in violation of any of the provisions of this Ordinance shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of taxes and penalties imposed hereby and an attachment shall issue of a verified complaint without any bond or affidavit given in behalf of plaintiff. Section 9 The conviction and punishment of any person for violation of any provision of this Ordinance shall not excuse or exempt such person from the payment of any license, tax, fee, or penalty due or unpad at the time of such conviction, and nothing herein shall prevent a cri- minal prosecution of any violation of any provision of this Ordinance. Section 10 A person who violates any provision of this Ordinance or of any permit hereunder is guilty of a misdemeanor and upon conviction there- of shall be punishable by a fine of not more than Five Hundred Dollars Ordinance No 62 -2- ($500 00) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment Each day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted is a separate offense PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CYPRESS at a regular meeting held on the 13th day of July , 1959 Mayor Ordinance No 62 -3- CITY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF CYPRESS I, Martin Olsthoorn City Clerk of the City Council of the City of Cypress, California, do hereby certify that, at a regular meeting of the City Council held on the 13th day of July, 1959, the foregoing Ordinance was then considered and passed and adopted as a whole by the following vote AYES Councilmen Arrowood, Baroldi, -mcCarney, and Van Dyke NOES None ABSENT Councilman Arnold IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Cypress, California, this 13th day of July, 1959. -4- Ordinance No 62