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Chapter 5.83

Palm Springs Municipal Code · 2026-07 edition · updated 2026-09-27 · Palm Springs

ESTABLISHMENT OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT

§ 5.83.010. Chapter title.

This chapter shall be known as the "Palm Springs Small Hotel Tourism Business Improvement District."

(Ord. 1903 § 1, 2016)

§ 5.83.020. Definitions.

For the purposes of this chapter, the following definitions shall apply:

"Assessment" means the assessment authorized by this chapter.

"Authorized activities" means the activities authorized to be provided in connection with the District, as set forth in this chapter.

"District" means the Palm Springs tourism business improvement district established by this chapter.

"Fiscal year" means the period beginning July 1 of each calendar year and ending June 30 of the following calendar year, except that the fiscal year ending June 30, 2017 shall begin on the later of the effective date of this chapter or January 1, 2017.

"Gross occupancy revenue" means the total rent received from transients by a hotel and motel business.

"Hotel and motel business" means any operator of a hotel other than an operator of a hotel that is owned by a nonprofit corporation and operated as an adjunct to a charitable or educational activity.

"Law" means the Parking and Business Improvement Area Law of 1989, being Sections 36500 et seq. of the California Streets and Highways Code.

"Transient occupancy tax" means the tax imposed by the City as established in the Municipal Code.

(Ord. 1903 § 1, 2016)

§ 5.83.030. District established/cost reimbursement owing to the City.

  • (A) A parking and business improvement area designated as the "Palm Springs Small Hotel Tourism Business Improvement District" (referred to as "Assessment District", or "District") is hereby created and established pursuant to the law.

  • (B) The Assessment District shall reimburse the City of Palm Springs for any and all costs the City has, or will, incur in establishing and otherwise assisting in the administration of the District. Accordingly, such costs shall be deemed a debt of the District which such debt shall be repaid promptly from any District revenue.

  • (Ord. 1903 § 1, 2016)

§ 5.83.040. Boundaries.

The boundaries of the Assessment District are the City limits of the City of Palm Springs.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 5.83.040

§ 5.83.110

(Ord. 1903 § 1, 2016)

§ 5.83.050. Activities.

The following activities are authorized to be provided in connection with the District: (i) the promotion of tourism within the District; (ii) the promotion of public events which benefit hotel and motel businesses operating in the District; (iii) furnishing of music in any public place in the District; and (iv) activities which benefit hotel and motel businesses located and operating in the District. The primary purpose of these activities is to promote tourism within the District. (Ord. 1903 § 1, 2016)

§ 5.83.060. Assessment.

Except where funds are otherwise available, an assessment shall be levied annually to pay for all authorized activities within the District. The assessment shall be in addition to any other assessments, fees, charges or taxes imposed by the City. (Ord. 1903 § 1, 2016)

§ 5.83.070. Assessment—Businesses subject to assessment.

The assessment will be levied against small hotel with 49 rooms or less in the City. No other business shall be subject to the assessment. (Ord. 1903 § 1, 2016)

§ 5.83.080. Assessment—New businesses.

Small hotel and motel businesses as defined herein established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year but shall instead be subject to the assessment. (Ord. 1903 § 1, 2016)

§ 5.83.090. Assessment—Basis and rate.

The assessment will be calculated as a percentage of each day's gross occupancy revenue. The rate of the assessment effective in any fiscal year shall be set by resolution of the City Council pursuant to California Streets and Highway Code Section 36535. (Ord. 1903 § 1, 2016)

§ 5.83.100. Assessment—Collection.

The assessment calculated based on any day's gross occupancy revenues shall be paid to the City no later than the date on which the small hotel and motel business is required to remit to the City the transient occupancy tax collected by the hotel and motel business on that day. (Ord. 1903 § 1, 2016)

§ 5.83.110. Assessment—Penalties and interest.

Any small hotel and motel business failing to timely make payment to the City of the assessment shall be subject to the same penalties and interest thereon as set forth in this Code for failure to timely remit to the City transient occupancy tax payments collected by the hotel and motel business.

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.83.110

§ 5.83.160

(Ord. 1903 § 1, 2016)

§ 5.83.120. Assessment—Debt to City.

The amount of assessment, penalty and interest imposed by the provisions of this chapter shall be deemed a debt to the City. An action may be commenced in any court of competent jurisdiction in the name of the City for the amount of such debt. The conviction and punishment of any person for failure to comply with the provisions of this chapter shall not relieve such person from paying any assessment, penalty or interest due and unpaid at the time of such conviction nor shall payment prevent prosecution of a violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of one or more remedies by the City to enforce this chapter shall not bar the use of any other remedy.

(Ord. 1903 § 1, 2016)

§ 5.83.130. Assessment—Election to recover from transient.

The assessment is levied upon each hotel and motel business subject to the assessment, and each such business shall be solely responsible for paying all assessments when due. Without disturbance of the foregoing, a hotel or motel business may elect to recover some or all of the amount of the assessment from transients owning rent to the hotel or motel business. The amount to be recovered from any transient may not exceed the amount of rent owed by that transient to the hotel and motel business, multiplied by the then effective rate of the assessment. The amount recovered shall be identified or itemized (separately or in conjunction with the amount of transient occupancy tax owned by that transient) on a document provided to the transient. Assessments levied on hotel and motel businesses pursuant to this chapter and recovered from transients pursuant to this section are not considered "rent" for the purposes of Section 4.44.020 of this code.

(Ord. 1903 § 1, 2016)

§ 5.83.140. Special fund.

There is created a special fund designated as "Palm Springs Small Hotel Tourism Business Improvement District Fund" into which all revenue derived from assessments levied pursuant to this chapter shall be placed, and such funds shall be used only for the purposes specified in this chapter. This fund shall be subject to an annual independent audit. (Ord. 1903 § 1, 2016)

§ 5.83.150. Use of revenues.

Revenues from the levy of the assessment may be used only for authorized activities, and shall not be used for activities outside of the District.

(Ord. 1903 § 1, 2016)

§ 5.83.160. Contracting of funds.

The City may contract with a separate public or private agency to administer the authorized activities. Any agency that holds funds in trust for purposes related to the contract shall, at no expense to the City, provide an annual independent audit report by a certified public accountant of these funds. The audit may be funded from assessment proceeds as part of the general administration of the District. At all times the City shall reserve full rights of accounting of these funds.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 5.83.160

§ 5.83.180

(Ord. 1903 § 1, 2016)

§ 5.83.170. Amendments.

Small Hotel and motel businesses within the District shall be subject to any amendments to the law.

(Ord. 1903 § 1, 2016)

§ 5.83.180. Recordkeeping and inspections.

It shall be the duty of every hotel and motel business to keep all records as may be necessary to determine the amount of assessment due hereunder and shall preserve the same for a period of 4 years. The tax administrator shall have the right to inspect such records at all reasonable times.

The Director of Finance shall determine the mode and method of recordkeeping required to assist the tax administrator to perform the duties required of him under this section. Any audit which must be performed to secure compliance with the terms of this section is to be performed in the City. If for any reason the audit cannot be performed in the City, the hotel and motel business shall reimburse the City for the actual cost of all transportation, lodging, meals, travel time and other incidental costs reasonably incurred by the City in conducting the audit. (Ord. 1903 § 1, 2016)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.85.010

§ 5.85.040

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▸Contents — Palm Springs Municipal Code
Palm Springs Municipal Code
  1. Article IV — CITY COUNCIL APPOINTED OFFICERS; CITY MANAGER AND…
  2. Article V — OFFICERS AND EMPLOYEES
  3. Article VII — PERSONNEL SYSTEM
  4. Title 1
  5. Title 2
  6. Chapter 2.02 — MUNICIPAL ELECTIONS
  7. Chapter 2.04 — COUNCIL
  8. Chapter 2.05 — APPEAL TO CITY COUNCIL
  9. Chapter 2.06
  10. Chapter 2.08 — CITY MANAGER
  11. Chapter 2.12
  12. Chapter 2.16
  13. Chapter 2.18 — PARKS AND RECREATION COMMISSION
  14. Chapter 2.20 — DISASTER COUNCIL
  15. Chapter 2.22 — VILLAGEFEST BOARD
  16. Chapter 2.24 — PUBLIC ARTS COMMISSION
  17. Chapter 2.28 — SUSTAINABILITY COMMISSION
  18. Chapter 2.29 — PLANNING COMMISSION
  19. Chapter 2.32 — PUBLIC LIBRARY
  20. Chapter 2.40 — PERSONNEL
  21. Chapter 2.45 — HUMAN RIGHTS COMMISSION
  22. Chapter 2.50 — ADMINISTRATIVE APPEALS BOARD
  23. Chapter 2.55 — OFFICE OF NEIGHBORHOODS
  24. Chapter 2.59
  25. Chapter 2.60 — PUBLIC INTEGRITY
  26. Chapter 2.65 — COMMERCIAL DISTRICT FORMATION
  27. Title 3
  28. Chapter 3.35 — CANNABIS AND MARIJUANA TAX
  29. Chapter 3.04 — FUNDS
  30. Chapter 3.08 — INVESTMENT OF MONEYS AND FUNDS
  31. Chapter 3.16
  32. Chapter 3.22 — SALES AND USE TAX
  33. Article II — Transactions and Use Tax (Measure D)
  34. Chapter 3.24 — TRANSIENT OCCUPANCY TAX
  35. Chapter 3.29
  36. Chapter 3.30
  37. Chapter 3.32 — UTILITY USER TAX
  38. Chapter 3.34 — PARKING TAX
  39. Chapter 3.36
  40. Chapter 3.37 — PUBLIC ARTS FEE, FUND AND PROGRAM
  41. Chapter 3.38 — JOB CREATION INCENTIVE PROGRAM
  42. Chapter 3.40 — GENERAL PROVISIONS
  43. Chapter 3.48 — REQUIREMENTS—EXEMPTIONS
  44. Chapter 3.52 — ISSUANCE OF LICENSES
  45. Chapter 3.56 — PAYMENT—COLLECTION
  46. Chapter 3.60 — ASSESSMENTS IN CERTAIN CASES
  47. Chapter 3.64 — ENFORCEMENT
  48. Chapter 3.72 — RECORDS CONFIDENTIAL
  49. Chapter 3.76 — VIOLATIONS
  50. Chapter 3.80 — BUSINESS LICENSE TAX RATES—GENERALLY
  51. Chapter 3.84 — FIXED LICENSE RATES
  52. Chapter 3.88 — GRADUATED SCALE TAX RATES
  53. Chapter 3.90 — GRADUATED SCALE WITH MINIMUM TAX
  54. Chapter 3.94
  55. Chapter 3.96 — LICENSE TAXES COMPUTED ON GROSS RECEIPTS BASIS
  56. Title 4
  57. Chapter 4.04 — RENT REVIEW COMMISSION
  58. Chapter 4.10 — RENT STABILIZATION
  59. Title 5
  60. Chapter 5.02 — SECURITY ALARM SYSTEMS
  61. Chapter 5.03
  62. Chapter 5.04 — AUCTION SALES
  63. Chapter 5.08 — CABARETS
  64. Chapter 5.20 — HANDBILLS
  65. Chapter 5.22 — HOME OCCUPATIONS
  66. Chapter 5.24 — HOTEL REGISTRATION
  67. Chapter 5.25 — VACATION RENTALS
  68. Chapter 5.26 — HOTEL OPERATIONS INCENTIVE PROGRAM
  69. Chapter 5.27 — HOTEL OPERATIONS INCENTIVE PROGRAM
  70. Chapter 5.28 — ICE VENDING MACHINES
  71. Chapter 5.36 — NOVELTY SALES AT SPECIAL EVENTS
  72. Chapter 5.38 — MANAGED PARKING
  73. Chapter 5.40 — PASSENGER CARRIERS
  74. Article I — General Provisions
  75. Article II — Pedicab Owners
  76. Article III — Pedicab Drivers
  77. Article IV — Pedicab Vehicles
  78. Article V
  79. Article VI
  80. Article VII — Enforcement
  81. Article VIII
  82. Chapter 5.42 — ESCORTS AND ESCORT BUREAUS
  83. Chapter 5.44
  84. Chapter 5.48
  85. Chapter 5.52 — PRIVATE PATROLS
  86. Chapter 5.55
  87. Chapter 5.56 — PSYCHIC ACTIVITIES
  88. Chapter 5.58 — GARAGE, PATIO AND YARD SALES
  89. Chapter 5.60 — BUSINESS CLOSING SALES
  90. Chapter 5.64 — SEARCHLIGHT OPERATIONS
  91. Chapter 5.68 — SOUND TRUCKS
  92. Chapter 5.72 — MISCELLANEOUS BUSINESSES REGULATED
  93. Chapter 5.75 — EVENT HOUSES
  94. Chapter 5.76
  95. Chapter 5.77
  96. Chapter 5.78 — LANDSCAPE RELATED BUSINESSES
  97. Chapter 5.79 — STATE VIDEO FRANCHISE HOLDERS
  98. Chapter 5.81
  99. Chapter 5.83
  100. Chapter 5.85
  101. Chapter 5.87
  102. Chapter 5.89 — SIDEWALK VENDING
  103. Chapter 5.91
  104. Chapter 5.92 — CO-OWNED MANAGED HOUSING
  105. Title 6
  106. Chapter 6.04 — WASTE DISPOSAL AND DIVERSION
  107. Chapter 6.05
  108. Chapter 6.06 — RESTAURANT INSPECTION AND GRADING
  109. Chapter 6.07 — REGULATION OF FOOD HANDLERS
  110. Chapter 6.08 — NUISANCES
  111. Chapter 6.09
  112. Chapter 6.10
  113. Chapter 6.11 — TOBACCO RETAILER PERMITS
  114. Chapter 6.12
  115. Chapter 6.14 — PUBLIC SWIMMING POOLS AND SPAS
  116. Chapter 6.15 — MOBILE FOOD VENDING VEHICLES
  117. Title 7
  118. Chapter 7.07 — CONTRACT ADMINISTRATION
  119. Chapter 7.01 — GENERAL PROVISIONS
  120. Chapter 7.03 — PROCUREMENT REQUIREMENTS
  121. Chapter 7.04 — PROCUREMENT EXEMPTIONS
  122. Chapter 7.05 — CONTRACTS
  123. Chapter 7.06 — CONTRACT CHANGES
  124. Chapter 7.07 — CONTRACT ADMINISTRATION
  125. Chapter 7.08 — DISPOSITION OF SURPLUS PROPERTY
  126. Title 8
  127. Article I — Building Codes
  128. Article II — Building Security Regulations
  129. Article III
  130. Article IV — Palm Springs Building Administrative Code
  131. Article V — Undergrounding of Utilities
  132. Article VI — Fire Code
  133. Article VIII — Displacement Payments to Tenants
  134. Article IX
  135. Article I — General Provisions
  136. Article II
  137. Article III
  138. Article IV
  139. Article V — Historic Preservation on Tribal Lands
  140. Chapter 8.30 — MUNICIPAL SOLAR UTILITY
  141. Chapter 8.32 — MSU LEASEHOLD MARKETING
  142. Chapter 8.40
  143. Chapter 8.50 — FUGITIVE DUST CONTROL
  144. Chapter 8.60 — WATER EFFICIENT LANDSCAPING
  145. Chapter 8.68 — FLOOD DAMAGE PREVENTION
  146. Chapter 8.70 — STORMWATER MANAGEMENT AND DISCHARGE CONTROLS
  147. Chapter 8.80 — VACANT BUILDINGS AND BOARDING REGULATIONS
  148. Chapter 8.90 — TRANSPORTATION UNIFORM MITIGATION FEE
  149. Chapter 8.95 — MSHCP MITIGATION FEE
  150. Chapter 8.100
  151. Chapter 8.105 — ELECTRIC VEHICLE CHARGING STATION STREAMLINED …
  152. Title 9
  153. Chapter 9.60 — GENERAL PROVISIONS
  154. Chapter 9.65 — IMPROVEMENT SECURITY
  155. Chapter 9.66 — REVERSIONS
  156. Chapter 9.67 — ENFORCEMENT—JUDICIAL REVIEW
  157. Chapter 9.68 — VESTING TENTATIVE MAPS
  158. Chapter 9.69 — CANYON AREA IMPACT FEES
  159. Title 10
  160. Chapter 10.04 — DEFINITIONS
  161. Chapter 10.18 — DANGEROUS AND VICIOUS ANIMALS
  162. Chapter 10.12 — ANIMAL CONTROL OFFICER
  163. Chapter 10.18 — DANGEROUS AND VICIOUS ANIMALS
  164. Chapter 10.22 — UNATTENDED ANIMALS IN ENCLOSED VEHICLES
  165. Title 11
  166. Chapter 11.08 — DISORDERLY CONDUCT
  167. Chapter 11.76 — UNCLAIMED PROPERTY
  168. Chapter 11.03 — PUBLIC SAFETY RADIO SYSTEM COVERAGE
  169. Chapter 11.04 — UNSAFE CONDUCT
  170. Chapter 11.06
  171. Chapter 11.08 — DISORDERLY CONDUCT
  172. Chapter 11.10 — PUBLIC NUDITY
  173. Chapter 11.13 — BINGO PERMITS
  174. Chapter 11.20 — EXPLOSIVES
  175. Chapter 11.28 — CIVIL DISPUTES
  176. Chapter 11.30 — MUNICIPAL BUS SYSTEM
  177. Chapter 11.32 — MUNICIPAL GOLF COURSE
  178. Chapter 11.36 — WILDLIFE PROTECTION
  179. Chapter 11.40 — ENCAMPMENTS ON PUBLIC PROPERTY
  180. Chapter 11.44 — PARKS AND RECREATION AREAS
  181. Chapter 11.48 — SCHOOL GROUNDS
  182. Chapter 11.56 — CURFEW AND TRUANCY
  183. Chapter 11.60 — OCCUPANCY OF HOTEL ROOMS BY MINORS
  184. Chapter 11.64 — TRESPASS
  185. Chapter 11.70 — GRAFFITI
  186. Chapter 11.72 — PUBLIC NUISANCES
  187. Chapter 11.74 — NOISE ORDINANCE
  188. Chapter 11.76 — UNCLAIMED PROPERTY
  189. Chapter 11.80 — ABANDONED VEHICLES
  190. Chapter 11.82 — POLICE TOW SERVICES STANDARDS
  191. Chapter 11.84 — FALSE STATEMENTS
  192. Chapter 11.88 — TAPPING TELEVISION CABLES
  193. Chapter 11.90
  194. Chapter 11.96
  195. Chapter 11.100 — ABANDONMENT OF SHOPPING CARTS
  196. Chapter 11.102
  197. Title 12
  198. Chapter 12.08 — ADMINISTRATION
  199. Chapter 12.24 — TURNING MOVEMENTS
  200. Chapter 12.12 — ENFORCEMENT—OBEDIENCE
  201. Chapter 12.16 — TRAFFIC CONTROL DEVICES
  202. Chapter 12.20 — SPECIAL SPEED ZONES
  203. Chapter 12.24 — TURNING MOVEMENTS
  204. Chapter 12.28 — STOPPING, STANDING AND PARKING
  205. Chapter 12.40 — MUNICIPAL AIRPORT LOT NO. 3
  206. Chapter 12.44 — STOP INTERSECTIONS
  207. Chapter 12.48 — YIELD RIGHT-OF-WAY SIGNS
  208. Chapter 12.52 — ONE-WAY STREETS AND ALLEYS
  209. Chapter 12.56 — RESTRICTED USE OF CERTAIN STREETS
  210. Chapter 12.60 — LOADING ZONES
  211. Chapter 12.64 — DRIVING RULES
  212. Chapter 12.68 — PEDESTRIANS
  213. Chapter 12.80 — TEMPORARY STREET CLOSURE NECESSITATED BY ASSEM…
  214. Chapter 12.84 — GOLF CARTS
  215. Chapter 12.90
  216. Title 14
  217. Chapter 14.04 — STREET NUMBERS
  218. Chapter 14.08 — STREET NAME CHANGES
  219. Chapter 14.12 — STREET NAMES FOR TRAILER PARKS
  220. Chapter 14.16 — ENCROACHMENTS
  221. Chapter 14.20 — MOVING BUILDINGS
  222. Chapter 14.24 — WATER AND RUBBISH IN STREETS
  223. Chapter 14.26
  224. Chapter 14.28 — WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
  225. Title 15
  226. Chapter 15.08 — DEFINITIONS
  227. Chapter 15.14 — REQUIRED USE OF SEWERS
  228. Chapter 15.04 — GENERAL PROVISIONS
  229. Chapter 15.12 — ENFORCEMENT
  230. Chapter 15.14 — REQUIRED USE OF SEWERS
  231. Chapter 15.28 — SEWER USE REGULATIONS
  232. Chapter 15.32 — REGULATION OF WATER WELLS
  233. Title 16
  234. Chapter 16.02
  235. Chapter 16.04 — GENERAL RULES AND REGULATIONS
  236. Chapter 16.06
  237. Chapter 16.08 — FIXED BASE OPERATOR
  238. Chapter 16.10
  239. Chapter 16.12
  240. Chapter 16.14
  241. Chapter 16.16
  242. Chapter 16.18
  243. Chapter 16.20 — AIRCRAFT STORAGE OPERATOR (SASO)
  244. Chapter 16.22
  245. Chapter 16.24
  246. Chapter 16.26
  247. Chapter 16.28
  248. Chapter 16.30 — PRIVATE FLYING CLUB
  249. Chapter 16.32
  250. Chapter 16.34
  251. Chapter 16.36
  252. Chapter 16.37
  253. Chapter 16.38
  254. Chapter 16.39
  255. Chapter 16.40
  256. Title CR
  257. Chapter 91.00
  258. Chapter 92.00
  259. Chapter 93.00
  260. Chapter 94.00

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