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In this Chapter the following words and phrases shall have the meanings given to them in this Section unless the context clearly requires otherwise:
(1) Authority or Pennsylvania Convention Center Authority. An agency and public instrumentality of this Commonwealth and a body politic and corporate created pursuant to the Act of June 27, 1986 (P.L. 124, No. 70).
(1.1) Booking Agent. Any person or entity that facilitates reservations or collects payment for hotel accommodations on behalf of or for an operator. Merely publishing an advertisement for accommodations does not make the publisher a booking agent. 409
(2) Consideration. Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature, or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for any temporary period.
(3) Convention Center. Any land, improvement, structure, building, or part thereof, or property interest therein, whether owned by or leased by or to or otherwise acquired by the authority, appropriate for any of the following: large public assemblies, the holding of conventions, conferences, trade exhibitions, and other business, social, cultural, scientific and public interest events, and all facilities, furniture, fixtures and equipment necessary or incident thereto, including meeting rooms, dining rooms, kitchen, ballrooms, reception areas, registration and pre-function areas, truck loading areas (including access thereto), access ways, common areas, lobbies, offices, and areas appurtenant to any of the aforesaid (together hereinafter "Main Convention Area") and also including other buildings, structures or facilities for use in conjunction with the foregoing including, but not limited to, provision for off-street parking, retail areas and other improvements related to the center owned by or leased by or to the authority for the purpose of producing revenues to assist in defraying any costs or expenses of the convention center.
(4) Department. The Department of Revenue of the City of Philadelphia.
(5) Hotel. A hotel, motel, inn, guesthouse or other building located within the City which holds itself out by any means including advertising, license, registration with any innkeeper's group, convention listing association, travel publication or similar association or with any government agency as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; any place recognized as a hostelry, provided that portions of such facility which are devoted to persons who have established permanent residence shall not be included in this definition.
(6) Occupancy. The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.
(7) Operator. Any individual, partnership, non-profit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of, or otherwise possess the right to rent or lease overnight accommodations in any hotel to the public for consideration.
(8) Patron. Any person who pays the consideration for the occupancy of a room or rooms in a hotel.
(9) Permanent resident. Any person who has occupied or has the right to occupy any room or rooms in a hotel as a patron or otherwise for a period exceeding thirty (30) consecutive days.
(9.1) Regional attractions marketing agency. The Greater Philadelphia Tourism Marketing Corporation. 410
(10) Room. A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one (1) bed or other sleeping accommodations provided therein.
(11) Substantial completion. Construction that is sufficiently completed in accordance with contract documents and certified by the convention center authority's architect or engineer, as modified by change orders which are subject to review and approval by the Secretary of the Budget of the Commonwealth and the chief financial officer of the City, so that the main convention area can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least ninety percent (90%) of the work on the main convention area is completed.
(12) Temporary. A period of time not exceeding thirty (30) consecutive days.
(13) Tourist promotion agency. The agency designated by the City Council to be eligible for grants from the Department of Commerce pursuant to the act of April 28, 1961 (P.L. 111, No. 50), 73 P.S. §§ 401 et seq., as amended, known as the "Tourist Promotion Law". By the ordinance approved June 24, 1965, the City Council of Philadelphia designated the Philadelphia Convention and Visitors Bureau to be the official tourist promotion agency for the City of Philadelphia.
(14) Transaction. The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration emanates to the operator under an express or an implied contract.
(15) Transient. Any individual who obtains an accommodation in any hotel for himself by means of registering at the facility for the temporary occupancy of any room for the personal use of that individual by paying to the operator of the facility a fee in consideration thereof.
Added, Bill No. 150441-A (approved June 18, 2015), effective July 1, 2015.
Added, Bill No. 990116 (approved May 6, 1999), effective July 1, 1999.