(A) Pursuant to KRS 91A.390(1) the city levies a transient room tax for the purpose of providing funding for the City of Munfordville Tourist and Convention Commission (TCC) and the revenue to be expended solely for this purpose. The tax rate shall be 3% on the rent for every occupancy of a suite, room, or rooms, charged by all persons, companies, corporations, or other like or similar persons, groups, or organizations doing business as motor courts, motels, hotels, inns, or like or similar accommodations businesses as follow.
(B) In accordance with a decision of the Kentucky Court of Appeals in 2011, transient room taxes shall not apply to online travel companies.
(C) Transient room taxes shall not apply to the rental or leasing of an apartment supplied by an individual or business that regularly holds itself out as exclusively providing apartments. Apartment means a room or set of rooms, in an apartment building, fitted especially with a kitchen and usually leased as a dwelling for a minimum period of thirty (30) days or more. KRS 91A.390(1)(d).
(D) Enforcement of the tax measure enacted pursuant to this section and the collection of the proceeds of this tax measure on a monthly basis shall be performed in the same manner as done for the enforcement and collection provisions in § 37.07(C), (D), (E) and (F) of the city's restaurant tax, all of which material is incorporated by reference and a copy accompanying this adopting ordinance.
(E) All monies collected pursuant to this section and KRS 91A.400 shall be maintained in an account separate and unique from all other funds and revenues collected, and shall be considered tax revenue for the purposes of KRS 68.100 and KRS 92.330.
(F) A portion of the money collected from the imposition of this tax, as determined by the city, upon the advice and consent of the tourist and convention 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). The balance of the money collected from the imposition of this tax shall be used for the purposes set forth in KRS 91A.350, and in particular for “creating and promoting convention and tourist activities and facilities.”
(G) 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.
(H) Money not expended by the TCC during any fiscal year shall be used to make up a part of the TCC’s budget for its next fiscal year.
(Ord. 2018-010, passed 6-7-18)