For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The person designated as City Administrator (or his or her designate).
CITY. The City of Amity.
FEE. Either the tax payable by the transient or the aggregate amount of tax due from an operator during the period for which collections must be reported. The term includes taxes imposed by § 115.02.
HOTEL. Any structure (or portion thereof) occupied, intended, or designed for transient occupancy for 30 consecutive calendar days or less for dwelling, lodging, or sleeping purposes. HOTEL includes any HOTEL, inn, tourist home, motel, rooming house, apartment house, club, bed and breakfast, Airbnb, space in mobile home or trailer, or similar structure or portions thereof so occupied, provided such occupancy is for 30 consecutive calendar days or less. Note: any HOTEL (as defined) that offers “extended stay” options is subject to the policies contained herein.
OCCUPANCY. The use or possession or the right to the use or possession, for lodging or sleeping purposes, of any room or rooms or space in a hotel.
OPERATOR. The person who is the proprietor of the hotel in any capacity. Where the operator performs functions through a managing agent of any type or character other than an employee, the managing agent shall be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall be considered to be compliance by both.
PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
RENT. The consideration charged, whether or not received by the operator, for the occupancy of space in a hotel valued in money, goods, labor, credits, property, or other consideration valued in money, without any deduction. RENT excludes, however, the sale of any goods, services, and commodities, other than the furnishing of rooms or room or space in a hotel.
TRANSIENT. Any individual who exercises occupancy or is entitled to occupancy in a hotel for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
(1) The day a transient checks out of the hotel shall not be included in determining the 30-day period if the TRANSIENT is not charged rent for that day by the operator. Any such individual so occupying space in a hotel shall be deemed to be a TRANSIENT until the 30 days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.
(2) In determining whether a person is a TRANSIENT, uninterrupted periods of time extending both prior and subsequent to the effective date of the chapter codified in this chapter may be considered. A person who pays for lodging on a monthly basis, irrespective of the number of days in such months, shall not be deemed a TRANSIENT.
(Ord. 4-18-2003, passed -; Ord. 663, passed 6-3-2020)