CHAPTER 12C
GOLF COURSES
12C.1 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
City - The City of Fairfield.
Golf Course - The grounds, buildings and facilities of any golf course owned by the city.
Person - Any person, firm, partnership, association, corporation, company or organization of any kind.
Director - The director of community services.
Operator - The person or firm under contract to the City to run city-owned golf courses.
Use - The presence by any person at or upon the golf course.
Vehicle - Any wheeled conveyance, whether motorpowered, animal drawn or self-propelled.
Weekend - Any Saturday or Sunday, or a weekday which is a city-declared holiday.
Weekday - Any Monday, Tuesday, Wednesday, Thursday or Friday, except when such a day is a city-declared holiday.
Twilight Time - The time established by the course operator as the time after which sufficient daylight does not remain to comfortably play 18 holes of golf. This time shall be revised from time to time during the year as length of daylight hours vary, and shall be in the judgment of the operator. Such time shall be suitably publicized by the operator.
Resident - A person who currently resides within the city limits of the City of Fairfield. The operator shall undertake such administrative procedures as necessary to establish residency. The burden of proof is on the person to prove they are a current resident.
Nonresident - All persons who are not residents.
Junior - A person under the age of 18, who currently resides within the Fairfield city limits, or within the limits of the Fairfield-Suisun Unified School District. A junior may attend either public or private school. (Ord. No. 88-23, § 1.)
12C.2 General operating rules.
The general operating rules of golf courses shall be adopted by resolution of the city council. (Ord. No. 88-33, § 1.)
12C.3 Unlawful acts generally.
No person shall:
(a) Willfully deface, disfigure, injure or remove any building, structure, equipment, facilities or appurtenances, either real or personal.
(b) Use restrooms and washrooms designated for the opposite sex, if over the age of five years.
(c) Bring a dog, cat or other animal onto the golf course.
(d) Swim, bathe, wade, boat or fish in any body of water on the golf course.
(e) Camp on the golf course, either overnight or during the day.
(f) Carry or discharge any firearm, air gun, sling shot or fireworks of any kind.
(g) Use the golf course grounds for any purpose other than for activities associated with playing golf.
(h) Make or kindle a fire for any purpose, except at places provided for such purpose.
(i) Enter any area posted as "Closed to the Public" nor shall any person use any area in violation of posted notices.
(j) Provide golf instruction at any golf course owned by the City of Fairfield, in exchange for compensation of any kind, unless employed by or under contract with the City or the City’s golf course operator for that purpose. (Ord. No. 88-33, § 1; Ord. No. 2014-05.)
12C.4 Vehicles, parking, etc.
No person shall:
(a) Drive any vehicle on any area except cart paths, parking areas and other designated areas.
(b) Ride or drive any vehicle on cart paths except golfmobiles supplied by lessee, except as required for maintenance or public safety purposes.
(c) Park or leave standing any motor vehicle (except golfmobiles) anywhere on the golf course except in parking spaces designated by signs or pavement marked with lines designating such parking places. (Ord. No. 88-33, § 1.)
12C.5 Sanitation.
No person shall:
(a) Place, by any means, any substance which will or may result in the pollution of waters within the golf course.
(b) Dump any refuse or trash, but shall place it in the proper receptacles where these are provided. (Ord. No. 88-33, § 1.)
12C.6 Activities prohibited without permission.
Without the prior written permission of the operator or city; no person other than the operator shall:
(a) Store any private or personal property.
(b) Sell or offer for sale any food, beverages, merchandise, article or thing, whatsoever.
(c) Announce, advertise or call the public attention in any way to any article or service for sale or hire.
(d) Paste, tack, post or circulate any sign, advertisement inscription or literature in any golf course.
(e) Remain on the golf course beyond normal operating hours. (Ord. No. 88-33, § 1.)
12C.7 Enforcement.
(a) The operator or city shall enforce the provisions of this chapter.
(b) The operator or city shall have the authority to eject from a golf course any person acting in violation of this chapter.
(c) The operator or city shall have the authority to seize and confiscate any property, thing, or device in a golf course, or used in violation of this chapter.
(d) This section is not intended to exclude enforcement by any other duly authorized person or agency.
(e) The ejection of persons from the golf course as provided in subsection (b) and the confiscation of property as provided in subsection (c) shall not be construed as a specific penalty within the meaning of section 1.7. (Ord. No. 88-33, § 1.)
12C.8 Applicability of other laws.
Other local, state and federal laws are applicable where not modified herein. (Ord. No. 88-33, § 1.)
12C.9 Golf course fees.
(a) Golf course fees shall be set and amended by city council from time to time by resolution. (Ord. No. 88-33, § 1; Ord. 90-8, § 1; Ord. 91-7; Ord. No. 91-11, § 2; Ord. 2002-07, § 2.)
12C.10 Golf Course Admissions Tax.
12C.10.1 Definitions.
The following words and phrases shall be defined as set forth in this section for purposes of this chapter:
(a) "Golf Course" shall mean the grounds, buildings and facilities of any golf course located within the City of Fairfield either owned by the City of Fairfield, a private individual, a private corporation, whether or not for profit, or any other person or entity, private or public The term "Golf Course" shall also mean a driving range located 100 yards or more from a golf course, but shall not mean a recreational miniature golf course.
(b) "Director" shall mean the director of finance of the City of Fairfield or his designee.
(c) "Patron" shall mean any person who pays or on account of whom is paid the fee established by section 12C.9 of this code.
(d) "Full round of golf" shall mean eighteen (18) holes of golf during any single day of golf course operations. (Ord. No. 91-32, § 2.)
12C.10.2 Admissions tax established.
There is hereby established within the City of Fairfield an admission tax levied for the privilege of entering the playing golf on any golf course within the City of Fairfield.
12C.10.3 Admissions tax imposed.
The admissions tax established by section 12C.10.2 of this code shall be imposed upon every patron who enters and plays golf on any golf course located within the City of Fairfield. The tax shall be imposed on any such patron without regard to the rate, if any, the person is charged to play golf on any such golf course.
12C.10.4 Rate of admissions tax.
(a) The admissions tax established pursuant to section 12C.10.2 of this code shall be $5.00 per person; for persons defined as "Juniors" by section 12C.1 of this code, the admission tax shall be $1.00. The amount of the tax may be increased by the City Council upon recommendation of the director during the budget process.
(b) The admissions tax established pursuant to section 12C.10.2 of this code shall be $.25 per bucket of driving range balls.
12C.10.5 Collection of admissions tax.
The person or entity, whether public or private, who is obligated by contract, ordinance, or other city regulation, to collect and account for golf course fees established by section 12C.9 of this code, shall collect the admissions tax established by section 12C.10.2 of this code at the time the golf course fee is collected. The taxes so collected shall be deemed to be held in trust by the person or entity required to collect the same until remitted to the director as provided in section 12C.10.6. The person or entity required by this section to collect the admissions tax shall be hereinafter referred to as the "tax collector".
12C.10.6 Remittance of admissions tax to City of Fairfield.
(a) On or before the 20th calendar day after the end of the month, the tax collector shall make a return to the director of the amount of admissions taxes collected during the previous month and submit a form providing such information as the director requires to explain the amount of admissions taxes so remitted. At the time the return is filed, the full amount of the tax collected shall be remitted to the director. Those amounts not paid shall immediately become delinquent.
(b) If the tax collector fails to file a statement and remittance as required by section 12C.10.6(a), or if the director has reasonable cause to believe that an erroneous statement has been filed, the director may proceed to determine the amount due to the city by conducting an investigation and audit of the tax collector’s records as necessary. As soon as the director obtains such facts and information on which to base the assessment of any tax imposed by this chapter and payable by the tax collector who has failed or refused to collect the same and make such report and remittance, the director shall proceed to determine and assess the tax, interest and penalties provided by this chapter.
(c) The tax collector shall be personally responsible for any admissions tax revenue which the tax collector is required to collect pursuant to this article but which the tax collector fails to collect from the person identified in section 12C.10.3.
12C.10.7 Penalties and interest.
(a) Any tax collector who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax.
(b) Any tax collector who fails to remit any delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent shall pay an additional delinquency penalty of ten percent of the amount of the tax and for each thirty day period or fraction thereof of delinquency thereafter. The total delinquency penalty shall not exceed fifty percent of the tax imposed.
(c) If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty five percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a)and (b).
(d) In addition to the penalties imposed, any tax collector who fails to remit any tax imposed by this chapter shall pay interest at the rate of one half of one percent per month or fraction thereof on the amount of the tax exclusive of penalties and interest from the date on which the remittance first became delinquent until paid.
12C.10.8 Notice of determination hearing.
(a) The director shall give to the tax collector written notice of any determinations made pursuant to section 12C.10.6. This notice may be served personally or by depositing in the U.S. Postal Service, postage prepaid, and addressed to the operator at his address as it appears in the records of the director. In case of service by mail of any notice required under this chapter, the service is complete at the time of deposit of the notice.
(b) Any tax collector served pursuant to this section may within fifteen days after service or mailing of such notice, make application in writing to the director for a hearing to review the amounts determined and assessed. If application by the tax collector for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the director shall become final and conclusive and immediately due. If such application is made, the director shall give not less than five days written notice to the tax collector to show cause at a time and place fixed in such notice why such amount specified therein should not be assessed including such tax interest and penalties, if any. At such hearing, the tax collector may appear and offer evidence why such specified tax, interest and penalties should not be so fixed.
After such hearing the director shall determine the proper tax together with interest and penalties thereon to be remitted and shall thereafter give written notice thereof to the tax collector in the manner prescribed in this section. The amount determined to be due shall be payable after fifteen days.
12C.10.9 Records.
Every tax collector liable for the collection and payment to the City of the tax imposed by this chapter shall keep and preserve all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the City. The director may examine the books, papers, records and equipment of any operator liable for the tax imposed by this chapter and may investigate the character of the business of the tax collector in order to verify the accuracy of any return made, or if no return is made by the tax collector, to ascertain and determine the amount required to be paid.
12C.10.10 Tax in addition to other city taxes.
The admissions tax imposed by this chapter is in addition to any other tax, license, permit, fee or charge that may be required of any person by any ordinance or other section of the Fairfield City Code.
12C.10.11 Disposition of admissions tax funds.
All revenues received pursuant to this chapter shall be deposited by the director in the general fund of the City of Fairfield unless the city council directs otherwise by resolution.
12C.10.12 Tax collector: Bond requirements.
The director shall determine whether or not a cash deposit, bond or other instrument if credit shall be required from the tax collector to insure faithful performance of the requirements of this chapter, specifically the collection of admissions taxes and remittance of the revenues to the director. The amount of the security shall be fixed by the director but shall not be greater than twice the estimated average liability for the period for which accounting and return as required by section 12C.10.6. Such security may be in the form of cash, cashier’s check, certified check or surety bond. (Ord. No. 91-17, § 1.)