The following definitions shall apply to this chapter:
(a) "Hotel" means any structure or any portion of any structure, space, lot, area or site which is occupied, intended or designed for occupancy by transients for lodging or sleeping purposes, and includes, but is not limited to, any hotel, inn, bed and breakfast, tourist home or house, timeshare, motel, mobilehome, manufactured home, trailer, campground, recreational vehicle park or other lodging. "Hotel" does not include the right of an owner, or "guest of the owner," in a timeshare estate, in a room or rooms in a timeshare project, or the owner, or "guest of the owner," of a membership in a camping contract in a camping site at a campground. "Guest of the owner" shall be defined as provided in California Revenue and Taxation Code section 7280(b)(3).
(b) "Occupancy" means the use or possession, or the right to use or possess a room, any portion of a room or any other living space in a hotel for dwelling, lodging or sleeping purposes. The right to use or possess includes any nonrefundable deposit or guaranteed no-show fee paid, whether or not the use or possession is exercised.
(c) "Transient" means a person who exercises occupancy or is entitled to occupancy, of a hotel, pursuant to a concession, permit, right of access, license, or other agreement for a period of 30 consecutive days or less, counting portions of days as full days, this includes campground day use of amenities, including but not limited to, hiking trials and pools. A person so occupying a space in an establishment shall be deemed a transient until the period has expired, or until the date, within the first 30 days, that a person enters into a written agreement between the operator and the person for a longer period of occupancy greater than 30 days. This agreement must be acknowledged by the person and the operator on an Over Thirty Stay Agreement form provided by the Tax Collector.
(d) "Rent" means the monetary value of the consideration charged, whether or not received, for the occupancy of living space in a hotel, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction. Services include, but are not limited to, reservation fees, campground day use fees, cleaning fees, pet fees, extra person fees, cancellation fees, rollaway bed fees and early check-in and late check-out fees. "Rent" is also the regular value of the room provided to a guest that receives a free or complimentary room that is not exempt under section 22.204. "Rent" shall not include charges for personal services or any other charges otherwise subject to California taxes.
(e) "Operator" means the person or entity who is the proprietor of the hotel, whether as an owner, lessee, sublessee, mortgagee in possession, licensee, or in any other capacity. Where an operator engages a managing agent who is a person, other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as the agent's principal. Compliance with this chapter by either the principal or by the managing agent shall, however, be considered to be compliance by both.
(f) "Tax Collector" means the Tax Collector of the County of San Diego.
(Amended by Ord. No. 3372 (N.S.), effective 7-23-69; amended by Ord. No. 3833 (N.S.), effective 3-9-72; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10366 (N.S.), effective 2-5-15; amended by Ord. No. 10756 (N.S.), effective 12-2-21)
Cross reference(s)--Definitions, § 12.101 et seq.