§ 19-2403. Deposit and Distribution of Tax Revenues.

   (1)   The Department shall collect the tax from the operator or booking agent and deposit the revenues received from the tax in special funds established for purposes set forth herein. Interest on moneys deposited in the funds shall accrue proportionately to the respective funds as provided herein. The Department is hereby authorized to establish rules and regulations concerning the collection of the tax. 433

   (2)   With respect to the revenues received pursuant to Section 19-2402, relating to Imposition and Rate of Hotel Room Rental Tax: There shall be deposited in a special fund, established pursuant to subsection (1), for the use of tourist promotion agencies for tourist promotion activities, one hundred percent (100%) of all revenues received from taxes imposed pursuant to this Section prior to 12:01 a.m. of the eighth (8th) day following the effective date of this Chapter. Upon the effective date of this Chapter, there shall be deposited in a special fund, established pursuant to subsection (1), for the use of tourist promotion agencies for tourist promotion agency activities: 434

      (a)   Sixty percent (60%) of all revenues received from taxes imposed pursuant to this Section for the fiscal year of the City commencing July 1, 1986, until the next fiscal year of the City following substantial completion of the main convention area.

      (b)   Forty-one and two-thirds percent (41-2/3%) of all revenues received pursuant to this Section for the fiscal year of the City commencing after the substantial completion of the main convention area and each fiscal year thereafter ending prior to July 1, 1999.

      (c)   Thirty-three and one-third percent (33-1/3%) of all revenues received pursuant to this Section for the fiscal year of the City commencing on or after July 1, 1999, and each fiscal year thereafter ending prior to July 1, 2010.

      (d)   Twenty-nine and one hundred sixty-six thousandths percent (29.166%) of all revenues received pursuant to this Section for the fiscal year of the City commencing on or after July 1, 2010, and each fiscal year thereafter ending prior to July 1, 2015.

      (e)   Twenty-five percent (25%) of all revenues received pursuant to this Section for the fiscal year of the City commencing July 1, 2015, and thereafter.

   The balance of revenues to be received from taxes imposed pursuant to this Section shall be deposited in a special fund, established pursuant to subsection (1), for the use of the authority for convention center purposes, provided that, notwithstanding the other provisions of this Chapter, in the event that construction of the main convention area is not commenced by December 31, 1988, all revenues received pursuant to this Chapter for the period after December 31, 1988, shall be used for tourist promotion agency purposes.

   (3)   With respect to the revenues received pursuant to Section 19-2402.1, relating to Imposition and Rate of Tourism and Marketing Tax: There shall be deposited in a special fund, established pursuant to subsection (1), for the use of the regional attractions marketing agency, one hundred percent (100%) of all revenues received from taxes imposed pursuant to this Section. 435

   (4)   With respect to the revenues received pursuant to subsection 19-2402.2(1), relating to Imposition and Rate of Hospitality Promotion Tax: 436

      (a)   Regional attractions marketing agency and Tourist promotion agency (collectively, the "Marketing and Tourism Agencies").

         (.1)   For revenues attributable to fiscal years 2009 through 2012: There shall be deposited in a special fund, established pursuant to subsection (1), for the use of the Marketing and Tourism Agencies, nineteen thirtieths (19/30) of all revenues received from taxes imposed pursuant to this Section.

         (.2)   For revenues attributable to fiscal years 2013 and thereafter:

            (.a)   The "Base Amount" for a fiscal year shall equal nineteen thirtieths (19/30) of all revenues received from taxes imposed pursuant to this Section, attributable to such fiscal year. The "Prior Year's Deposits" for a fiscal year shall equal the amount attributable to the immediately prior fiscal year deposited in the special fund for the use of the Marketing and Tourism Agencies.

            (.b)   If the Base Amount is less than or equal to the Prior Year's Deposits multiplied by one and twenty-five one-thousandths (1.025), there shall be deposited in a special fund, established pursuant to subsection (1), for the use of the Marketing and Tourism Agencies, an amount equal to the Base Amount.

            (.c)   If the Base Amount is greater than the Prior Year's Deposits multiplied by one and twenty- five one-thousandths (1.025), but less than the Prior Year's Deposits multiplied by one and six-hundredths (1.06), there shall be deposited in a special fund, established pursuant to subsection (1), for the use of the Marketing and Tourism Agencies, an amount equal to the Prior Year's Deposits multiplied by one and twenty-five one-thousandths (1.025).

            (.d)   If the Base Amount is greater than or equal to the Prior Year's Deposits multiplied by one and six-hundredths (1.06), there shall be deposited in a special fund, established pursuant to subsection (1), for the use of the Marketing and Tourism Agencies, an amount equal to the Base Amount minus the product formed by multiplying Prior Year's Deposits by thirty-five one-thousandths (0.035).

         (.3)   All amounts deposited for the use of the Marketing and Tourism Agencies shall be divided equally between the Regional attractions marketing agency and the Tourist promotion agency.

      (b)   There shall be deposited in a special fund, established pursuant to subsection (1), for the support of the expanded Pennsylvania Convention Center, all revenues received from taxes imposed pursuant to this Section not deposited in the fund for the use of the Marketing and Tourism Agencies.

   (5)   With respect to the revenues received pursuant to subsection 19-2402.2(2), relating to Imposition and Rate of Hospitality Promotion Tax: 437

      (a)   There shall be deposited in a special fund, established pursuant to subsection (1), for the use of the Marketing and Tourism Agencies (as defined in subsection (3)), one hundred percent (100%) of all revenues received from taxes imposed pursuant to this Section.

      (b)   All amounts deposited for the use of the Marketing and Tourism Agencies shall be divided equally between the Regional attractions marketing agency and the Tourist promotion agency.

 

Notes

433	Amended, Bill No. 150441-A (approved June 18, 2015), effective July 1, 2015.
434	Amended, Bill No. 990116 (approved May 6, 1999), effective July 1, 1999.
435	Added, Bill No. 990116 (approved May 6, 1999), effective July 1, 1999. Enrolled bill read "regional attractions, marketing agency".
436	Added, Bill No. 080744 (approved November 19, 2008), effective January 1, 2009; amended, Bill No. 120955 (approved January 14, 2013), effective July 1, 2013.
437	Added, Bill No. 120955 (approved January 14, 2013), effective July 1, 2013.