193.11 REFUNDS.

   (a)    Whenever the amount of any tax, interest or penalty has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subsections (b) and (c) hereof provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Commissioner of Taxation within three years of the date of payment he claim shall be on forms furnished by the Commissioner.

   (b)   An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Commissioner of Taxation that the person from whom the tax has been collected was not a transient guest; provided however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient guest or credited to rent subsequently payable by the transient guest to the operator.

   (c)    A transient guest may obtain a refund of taxes overpaid, paid more than once or erroneously or illegally collected or received by the City by filing of a claim in the manner provided in subsection (a) hereof, but only when the tax was paid by the transient guest directly to the Commissioner of Taxation, or when the transient guest having paid the tax to the operator, establishes to the satisfaction of the Commissioner that the transient guest has been unable to obtain a refund from the operator who collected the tax.

   (d)    No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto and such refund exceeds one dollar ($1.00). (Ord. 84-12-108. Passed 12-27-84.)