The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.
HOTEL. Any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients, including, but not limited to, dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, public campsite or recreational vehicle site, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, time-share project or facility offered for public use, dormitory, public or private club, mobile home or house trailer at a fixed located, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single-family dwelling house unit rented only occasionally (infrequently) and incidentally to the normal occupancy by the owner or his or her family; provided that the burden of establishing that the housing or facility is a HOTEL, as defined herein, shall be upon the owner or operator thereof who shall file with the Tax Administrator the information as the Tax Administrator may require, to establish and maintain that status.
OCCUPANCY. The use or possession, or the right or entitlement to the use or possession, of any hotel, room, rooms or any portion thereof offered for rent to be used or occupied for dwelling, lodging or sleeping purposes regardless of the purpose for which the rooms are rented or provided.
OPERATOR. The person who is proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or in any other capacity. Where the OPERATOR performs his, her or its functions through a managing agent of any type or character, the managing agent shall also be deemed an OPERATOR for the purpose of this chapter, and shall have jointly and severally the same duties and liabilities as the principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
RENT. The amount of the consideration charged or chargeable to the tenant or person entitled to occupancy, for the occupancy of space, valued in money whether received in money, goods, labor or otherwise, including the full value of receipts, cash, credits, property or services of any kind or nature, without any deduction whatsoever. RENT may have been, or may be in part, payable or paid prior to or following (in whole or in part) the occupancy to which it is attributable, and may have been paid in whole or in part in advance on a long-term basis, such as in a time-share project or similar arrangement. It is not the intent of this definition to make the operator liable for the tax on uncollected rent. However, uncollected rent must be reported.
TAX ADMINISTRATOR. The City Manager or his or her designated agent, whether a city employee or county officer or employee.
TRANSIENT. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement of whatever nature, for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a TRANSIENT if his or her actual total period of occupancy does not exceed 30 days, unless there is a written agreement between the operator and occupant providing for a longer period of occupancy. Unless days of occupancy or entitlement to occupancy by one person are consecutive without any break, then prior to subsequent periods of the occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds the stated 30 calendar days.
(Ord. 2008-02, passed 10-1-2008)