745.03  DEFINITIONS.
   For the purpose of this article:
   (a)    "Consideration paid" or "consideration" means the amount received in money, credits, property or other consideration for or in exchange for the right to occupy a hotel room as herein defined.
   (b)    "Consumer" means a person who pays the consideration for the use or occupancy of a hotel room. "Consumer" shall not be construed to mean the government of the United States of America, its agencies or instrumentalities, or the government of the State of West Virginia or political subdivisions thereof.
   (b)(1)    "Finance officer" means the City Clerk of Ripley.
   (c)    "Hotel" means any facility, building or buildings, publicly or privately owned (including a facility located in a state, county or municipal park), in which the public may, for a consideration, obtain sleeping accommodations. "Hotel" includes, but is not limited to boarding houses, hotels, motels, inns, condominiums, lodges, cabins and tourist homes. "Hotel" includes state, county and City parks offering accommodations as herein set forth. "Hotel" shall not be construed to mean any hospital, sanitarium, extended care facility, nursing home or university or college housing units or any facility providing fewer than three rooms in private homes, not exceeding a total of ten days in a calendar year, not any tent, trailer or camper campsites: provided, that where a university or college housing unit provides sleeping accommodations for the general nonstudent public for a consideration, "hotel" shall, if otherwise applicable, apply to such accommodations for the purpose of this tax.
   (d)    "Hotel operator" means the person who is proprietor of a hotel, whether in the capacity of owner, lessee, mortgagee in possession, licensee, trustee in possession, trustee in bankruptcy, receiver or in any other capacity. Where the hotel operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed a hotel operator for the purposes of this article and shall have the same duties and liabilities as his principal. Compliance with the provisions of this article by either the principal or the managing agent, shall, however be considered to be compliance by both.
   (e)   "Hotel room" means any room or suite of rooms or other facility  affording sleeping accommodations to the general public and situated within a hotel.  "Hotel room" shall not be construed to mean a banquet room, meeting room or any other room not primarily used for, or in conjunction with, sleeping accommodations.
   (f)   "Person" means any individual, firm, partnership, joint venture, association, syndicate, social club, fraternal organization, joint stock company, receiver, corporation, guardian, trust, business trust, trustee, committee, estate, executor, administrator or any other group or combination acting as a unit.
   (g)   "State park" means any state-owned facility which is part of this State's park and recreation system established pursuant to these Codified Ordinances.  For purposes of this article, any recreational facility otherwise qualifying as a "hotel" and situated within a state park shall be deemed to be solely within the county in which the building or buildings comprising such facility are physically situated, notwithstanding the fact that the state park within which such facility is located may lie within the jurisdiction  of more than one county.
   (h)   "Tax", "taxes" or "this tax" means the hotel occupancy tax authorized by this article.
   (i)   "Taxing authority" means the Ripley City Council levying or imposing the tax authorized by this article.
   (j)   "Taxpayer" means any person liable for the tax authorized by this article.
      (1960 Code 5-503)