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CHAPTER 121: HOTELS, MOTELS AND SIMILAR BUSINESSES
Section
Transient Room Taxation
   121.01   Levy of tax
   121.02   Payment of tax
   121.03   Late payment penalty
   121.04   Incomplete, false or fraudulent return; failure to make return; penalty
   121.05   Definitions
   121.06   Refunds
Hourly Rental Ban
   121.10   Definitions
   121.11   Rental for fewer than 12 hours prohibited
   121.12   Enforcement and penalty
 
   121.98   Severability
TRANSIENT ROOM TAXATION
§ 121.01 LEVY OF TAX.
   (A)   Pursuant to KRS 91A.390(1)(b) and KRS 91A.390(1)(b)(2), there is hereby imposed and levied a transient room tax of 3% of the rent for every occupancy of a suite, room, rooms, cabins, lodgings, campsites, or other accommodations charged by any hotel, motel, inn, tourist camp, tourist cabin, campgrounds, recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilitates the rental of accommodations by brokering, coordinating or in any other way arranging for the rental of the accommodations.
      (1)   A portion of the money collected from the imposition of this tax, as determined by the Metro Council, upon the advice and consent of the Louisville and Jefferson County Visitors and Convention Commission (the “Commission”), may be used to finance the cost of acquisition, construction, operation and maintenance of facilities useful in the attraction and promotion of tourist and convention business, including projects described in KRS 154.30-050(2)(a)(3)(c). The balance of the money collected from the imposition of this tax shall be used for the purposes set forth in KRS 91A.350. Proceeds of the tax shall not be used as a subsidy in any form to any hotel, motel or restaurant, except as provided in KRS 154.30-050(2)(a)(3)(c). Money not expended by the Commission during any fiscal year shall be used to make up a part of the Commission’s budget for its next fiscal year.
   (B)   Pursuant to KRS 91A.390(4), there is hereby imposed and levied an additional transient room tax of 1.5% of the rent for every occupancy of a suite, room, rooms, cabins, lodgings, campsites, or other accommodations charged by any hotel, motel, inn tourist camp, tourist campgrounds, recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilitates the rental of accommodations by brokering, coordinating, or in any other way arranging for the rental of accommodations. All monies collected from this additional transient room tax shall be used for the purpose of funding additional promotion of tourist and convention business.
   (C)   Pursuant to KRS 153.440, in addition to the 4.5% transient room tax authorized by subsections (A) and (B) hereof, there is also imposed and levied an additional transient room tax of 1% of the rent for every occupancy of a suite, room, rooms, cabins, lodgings, campsites, or other accommodations charged by any hotel, motel, inn, tourist camp, tourist cabin, campgrounds, recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilities the rental of the accommodations by brokering, coordinating or in any other way arranging for the rental of the accommodations. All monies collected from the 1% transient room tax authorized by this subsection (C) shall be turned over to the Kentucky Center for the Arts Corporation, and shall be used to defray operating costs of the Kentucky Center for the Arts.
   (D)   Pursuant to KRS 91A.392, in addition to the 4.5% transient room tax imposed by subsection (A) and (B) hereof and the 1% transient room tax imposed by subsection (C) hereof, there is hereby imposed an additional transient room tax of 2% of the rent for every occupancy of a suite, room, rooms, cabins, lodgings, campsites, or other accommodations charged by any hotel, motel, inn, tourist camp, tourist cabin, campgrounds recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilities the rental of the accommodations by brokering, coordinating or in any other way arranging for the rental of the accommodations for consideration.
      (1)   All money collected from the 2% transient room tax imposed by this subsection (D) shall be applied for the sole and exclusive purpose of retiring Dedicated Tax Revenue Bonds (the “Bonds”), in one or more series, issued by the Louisville & Jefferson County Visitors and Convention Commission, doing business as the Greater Louisville Convention & Visitors Bureau (the “Commission”) not to exceed a principal amount sufficient to provide $35,000,000 in net bond proceeds (the “Net Bonds” or “Commission Contributions”) after deducting amounts required for debt service reserves, underwriters discounts, capitalized interest, bond, title insurance and related costs of issuance; said Commission’s contribution shall be paid to the Commonwealth of Kentucky in order to supplement the Commonwealth’s contribution of $25,000,000 for the expansion of the Commonwealth Convention Center (the “Project”) and to the payment of the hereinafter identified Subordinate Bond.
      (2)   In addition to the bonds issued to fund the Commission’s Contribution, the Commission has issued its Dedicated Tax Revenue Bond in the principal amount of $5,337,124.33 to the City of Louisville Public Properties Corporation (the “Public Properties”) in exchange for the conveyance of the site of the Project to the Commonwealth (the “Subordinate Bond”); said Subordinate Bond has been issued for a term concurrent with the Bond and said Bond shall be subordinate as to security and source of payment with any Bonds designated by the Commission as Senior Series Bonds.
      (3)   The Metro Council covenants the additional 2% transient room tax authorized by this subsection (D) shall remain in full force and effect while any Bonds, including the Subordinate Bond, are outstanding. The 2% transient room tax authorized by this subsection shall terminate and Metro Council shall take appropriate action to repeal it upon retirement of the bonds, all in conformity with KRS 91A.392(4).
   (E)   Pursuant to KRS 91A.390(1)(c)(2), there is hereby imposed and levied a special transient room tax of 1% of the rent for every occupancy of a suite, room, rooms, cabins, lodgings, campsites, or other accommodations charged by any hotel, motel, inn, tourist camp, tourist cabin, campgrounds, recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilities the rental of the accommodations by brokering, coordinating or in any other way arranging for the rental of the accommodations by brokering, coordinating or in any other way arranging for rental of the accommodations for consideration. All monies collected from this special transient room tax shall be used for the purposes of financing the renovation or expansion of the Kentucky International Convention Center. Upon retirement of the debt financing the renovation or expansion of the Kentucky International Convention Center, the revenue collected from this tax shall be used to meet the operating expenses of the convention center.
   (F)   The transient room taxes imposed herein shall not apply to rooms, lodgings, campsites, or accommodations supplied for a continuous period of 30 days or more to a person.
(1994 Jeff. Code, § 121.01) (Jeff. Ord. 4-1992, adopted and effective 4-14-1992; Jeff. Am. Ord. 21-2002, adopted and effective 7-9-2002; Lou. Metro Am. Ord. No. 169-2007, approved 8-27-2007; Lou. Metro Am. Ord. No. 111-2014, approved 7-31-2015 and effective 8-1-2014; Lou. Metro Am. Ord. No. 175-2022, approved 12-7- 2022, effective 1-1-2023)
§ 121.02 PAYMENT OF TAX.
   (A)   The transient room taxes imposed by § 121.01 shall apply to the rent for every occupancy by transient guests who occupy one or more suites, room or rooms, cabins, lodgings, campsites, or other accommodations charged by any hotel motel, inn, tourist camp, tourist cabin, campground, recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilities the rental of the accommodations by brokering, coordinating or in any other way arranging for the rental of the accommodations for a consecutive period of 30 days or less.
   (B)   All persons, companies, corporations or other like or similar persons, groups or organizations doing business as any hotel, motel, inn, tourist camp, tourist campgrounds, recreational vehicle parks, or any other place in which accommodations are regularly furnished to transients for consideration or by any person that facilities the rental of accommodations by brokering, coordinating, or in any way arranging for the rental of accommodations shall pay the cumulative transient room taxes (the “taxes”) imposed by § 121.01 to the Metro Revenue Commission (the “Revenue Commission”) or such other agent as may be designated by the Mayor as collecting officer for the Louisville Metro Government. Said Revenue Commission is authorized to adopt appropriate regulations pertaining to the implementation and enforcement of the taxes imposed by § 121.01 and to take all appropriate actions to collect and enforce payment of the taxes.
   (C)   The payment of taxes imposed by § 121.01 and a monthly return on a form prescribed by the Revenue Commission shall be submitted for the monthly periods ending on the final day of each month of the calendar year, on or before the last day of the month following the month of the tax collection. For purposes of facilitating the administration of this tax, the Revenue Commission may require any tax return, report or statement to be electronically filed.
(1994 Jeff. Code, § 121.02) (Jeff. Ord. 4-1992, adopted and effective 4-14-1992; Jeff. Am. Ord. 1-1994, adopted and effective 1-4-1994; Jeff. Am. Ord. 21-2002, adopted and effective 7-9-2002; Lou. Metro Am. Ord. No. 169-2007, approved 8-27-2007; Lou. Metro Am. Ord. No. 175-2022, approved 12-7-2022, effective 1-1-2023)
§ 121.03 LATE PAYMENT PENALTY.
   Any person who is required hereby to pay the tax imposed by § 121.01 on rents charged for occupancies of one or more rooms or suites who fails to pay the taxes on or before the date due shall be assessed a penalty of 5% of the unpaid amount of the tax whether or not the required return for the applicable period has been timely filed and, in addition, shall pay simple interest at the rate of 12% per annum calculated on a daily basis from the date the payment was due until the date of payment. In addition, any person who fails to file the monthly return required hereby shall be charged a penalty of 5% per month or fraction of a month of the amount of the unpaid tax which said return, if properly completed and filed, would have shown to be due, provided, however, that the penalty shall not exceed 25% of the amount of the unpaid taxes.
(1994 Jeff. Code, § 121.03) (Jeff. Ord. 4-1992, adopted and effective 4-14-1992; Jeff. Am. Ord. 21-2002, adopted and effective 7-9-2002; Lou. Metro Am. Ord. No. 169-2007, approved 8-27-2007)
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