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HomeMy WebLinkAboutOrd 1996-42 ORDINANCE 96-42 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL, TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE, SECTION 8A-447 AND REGULATION 8A-447.1 AND IMPOSING A TAX ON TRANSIENT LODGING; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING SEVERABILITY AND DESIGNATING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS AS FOLLOWS: Section 1. That section 8A-447 of the Tax Code of the Town of Fountain Hills is hereby amended to read as follows: Sec. 8A-447. RENTAL LEASING AND LICENSING FOR THE USE OF REAL PROPERTY: ADDITIONAL TAX UPON RESIDENT TRANSIENT LODGING. IN ADDITION TO THE TAXES LEVIED AS PROVIDED IN SECTION 8A-444, THERE IS HEREBY LEVIED AND SHALL BE COLLECTED AN ADDITIONAL TAX IN THE AMOUNT EQUAL TO THREE PERCENT (3%) OF THE GROSS INCOME FROM THE BUSINESS ACTIVITY OF ANY HOTEL LODGING AND/OR LODGING SPACE FURNISHED TO ANY TRANSIENT. "TRANSIENT" MEANS ANY PERSON WHO, FOR ANY PERIOD OF NOT MORE THAN THIRTY(30) CONSECUTIVE DAYS,EITHER AT HIS OWN EXPENSE OR AT THE EXPENSE OF ANOTHER, OBTAINS LODGING OR THE USE OF ANY LODGING SPACE IN ANY HOTEL FOR WHICH LODGING OR USE OF LODGING SPACE A CHARGE IS MADE. Section 2. Regulation 8A-446.1 of the Tax Code of the Town of Fountain Hills is amended to read as follows: Reg. 8A-447.1. GROSS INCOME FROM RENTAL, LEASING , AND LODGING OR LODGING SPACE TO TRANSIENTS. (a) IF THE CHARGE MADE BY A HOTEL TO A TRANSIENT INCLUDES ANY CHARGE FOR SERVICES OR ACCOMMODATIONS IN ADDITION TO THAT OF LODGING AND/OR THE USE OF LODGING SPACE, THEN SUCH PORTION OF THE TOTAL CHARGE AS REPRESENTS ONLY THE CHARGE FOR THE USE OF THE ROOM AND/OR LODGING SPACE SHALL BE DISTINCTLY SET OUT AND BILLED TO SUCH TRANSIENT BY SUCH HOTEL AS A SEPARATE ITEM, OR THE ENTIRE CHARGE SHALL BE DEEMED CHARGE FOR USE OF LODGING SPACE SUBJECT TO THE TAX IMPOSED BY SECTION 8A-447. PASS/FAIL 17_ 9 PUBLISHED FOUNTAIN HILLS TIMES y�,� MTION ` t,W.De_r 1 SECOND ` � — ��— q� COUNT — [._ou. ►-er,ce , U'a3riC11, p.S n� (b) A SEPARATELY ITEMIZED CHARGE FOR USE OF THE FURNISHINGS CONTAINED IN LODGING OR LODGING SPACE RENTED,LEASED, OR LICENSED TO A TRANSIENT SHALL BE DEEMED GROSS INCOME FROM THE BUSINESS OF RENTING, LEASING, AND LICENSING LODGING TO A TRANSIENT. FURTHERMORE, IN REGARD TO SUCH TANGIBLE PERSONAL PROPERTY, SUCH PERSON IS DEEMED NOT IN THE BUSINESS OF RENTAL, LEASING, AND LICENSING OF TANGIBLE PERSONAL PROPERTY FOR ALL PURPOSES OF THIS CHAPTER. (c) COMPLIMENTARY FOOD AND DRINK. PERSONS ENGAGED IN THE BUSINESS OF RENTAL, LEASING, AND LICENSING OF LODGING TO TRANSIENTS SHALL INCLUDE CHARGES FOR COMPLIMENTARY FOOD AND DRINK AS GROSS INCOME FROM THE BUSINESS OF RENTAL, LEASING, AND LICENSING OF LODGING TO TRANSIENTS, AND SHALL NOT BE DEEMED IN THE RESTAURANT BUSINESS FOR ALL PURPOSES OF THIS CHAPTER, UNLESS SUCH CHARGES: (1) ARE MADE ONLY AT THE REQUEST OF THE TRANSIENT, OR AS A SEPARATE, OPTIONAL CHARGE FOR CONSUMING SPECIFIC FOOD OR DRINK (FOR EXAMPLE, "ROOM SERVICE" CHARGES); AND (2) ARE COMMENSURATE WITH CHARGES FOR LIKE QUANTITY AND TYPE OF FOOD CONSUMED BY PATRONS OF PERSONS ENGAGED IN THE RESTAURANT BUSINESS. Section 3. Any person found guilty of violating any provision of these amendments to the Tax Code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 5. The provisions of this ordinance shall become effective on February 1, 1997. 2 ,,, PASSED AND ADOPTED by the Mayor and the Common Council of the Town of Fountain Hills , Arizona, this 7th day of November, 1996. M or Jerold L. Miles ATTEST: 0.4444:01 ALt4A-) Town Clerk, Cassie B. Hansen //7(76(___ Tow Manager, Paul L. Nordin Lir APPROVED AS TO FORM: ii/j444A. /)&L& Town Attorney, William q. Farrell 3