Reg. 12-445.3. Rental, leasing, and licensing of real property as lodging: room and board; furnished lodging.

   (a)   Room and board.

      (1)   Rooming houses, lodges, or other establishments providing both lodging and meals, shall maintain a record of the separate charges made for the lodging and the meals.

      (2)   The charge for lodging shall be subject to the tax imposed by Section 12-444 or Section 12-445. The charge for meals is subject to the tax upon restaurants and bars prescribed by Section 12-455.

   (b)   Furnished lodging. A person who provides lodging with furnishings shall be deemed to be only in the business of rental, leasing, and licensing of lodging, and not in the business of rental, leasing, and licensing of such furnishings as tangible personal property, unless:

      (1)   Any tenant of any lodging space may choose to rent, lease, or license such lodging space either furnished or unfurnished; and

      (2)   The lessor separately charges tenants for lodging and for furnishings; and

      (3)   The lessor separately maintains his gross income from lodging and from furnishings separately in his accounting books and records.

      If all of the above conditions are met, such person shall report both sources of income separately to the Town.