Montclair Municipal Code Ch. 3.02 Definitions

As used in this title:

Electrical corporation shall have the same meaning as defined in Section 218 of the California Public Utilities Code, except it shall also be construed to include any municipality, public agency, or person engaged in the selling or supplying of electrical power to a service user.

Fee administrator, when applied to Air Quality Improvement Trust Fund, means the Finance Director of the City.

Gas, when applied to the Utility Users Tax, means natural or manufactured gas or any alternate hydrocarbon fuel which may be substituted therefor.

Gas corporation shall have the same meaning as defined in Section 222 of the California Public Utilities Code, except it shall also be construed to include any municipality, public agency, or person engaged in the selling or supplying of gas to a service user.

Hotel, when applied to Transient Occupancy Taxes, means any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging or sleeping purposes and shall include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure, or portion thereof.

Mobile Source Air Pollution Reduction Programs means any program or project implemented by the City to reduce air pollution from motor vehicles which is determined will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Programs Article 5, commencing with Section 40460, of Chapter 5.5 of Part 3 of the California Health and Safety Code.

Non-utility Supplier, when applied to the Utility Users Tax, means (1) a service supplier, other than an electrical corporation serving customers within the City, which generates electrical energy in capacities of at least 50 kilowatts for its own use or for sale to others; or (2) a gas supplier, other than a gas corporation, that sells or supplies gas to users within the City.

Occupancy, when applied to Transient Occupancy Taxes, means the use or possession, or the right to the use or possession, of any room, or portion thereof, in any hotel for dwelling, lodging, or sleeping purposes.

Operator, when applied to Transient Occupancy Taxes, means the person who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her 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 purposes of this title and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this title by either the principal or the managing agent shall, however, be considered to be compliance by both.

Person, when applied to Transient Occupancy Taxes, means 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.

Person, when applied to the Utility Users Tax, means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club trust, society, or individuals.

Rent, when applied to Transient Occupancy Taxes, means 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, property and services of any kind or nature, without any deduction therefrom whatsoever.

Service supplier, when applied to the Utility Users Tax, means any entity required to collect or self-impose and remit a tax as imposed by Chapter 3.36 of this Code.

Service user, when applied to the Utility Users Tax, means a person required to pay tax imposed under Chapter 3.36 of this Code.

Tax Administrator, when applied to the Utility Users Tax, means the City Administrator or his or her designee.

Telephone corporation shall have the same meaning as defined in Section 234 of the California Public Utilities Code.

Transient, when applied to Transient Occupancy Taxes, means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the provisions of Chapter 3.32 of this Code may be considered.

Water corporation shall have the same meaning as defined in Section 241 of the California Public Utilities Code, except it shall also be construed to include any municipality, public agency, or person engaged in the selling or supplying of water to a service user.

(Ord. 99-791 Exh. A (part): prior code §§ 3-2.302, 3-5.302, 3-5.602)