Unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows.
HOTEL. Any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging or sleeping purposes, and shall include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, campground or other similar structure, or portion thereof.
OCCUPANCY. The use or possession, or the right to the use or possession, of any room, or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.
OPERATOR.
(1) Any person:
(a) Possessing or having an ownership interest in a hotel, or who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity;
(b) Engaged in the business of operating a hotel; or
(c) Receiving any consideration for the rental of a hotel room for sleeping accommodations, including, without limitation, any broker, service provider, or other intermediary:
1. With which a hotel has contracted to arrange for the rental of a hotel room for sleeping accommodations; or
2. That has acquired any hotel room for subsequent rental from the hotel for sleeping accommodations.
(2) Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this article by either the principal or the managing agent, however, shall be considered to be compliance by both.
PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
RENT. The consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, 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 therefrom whatsoever.
TAX ADMINISTRATOR. The Auditor of San Benito County.
TRANSIENT. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, time-share arrangement or other agreement of whatever nature, for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a transient until a period of 30 consecutive calendar days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Unless days of occupancy or entitlement to occupancy by one person are consecutive without any break, then prior or subsequent periods of the occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds 30 calendar days.
(1966 Code, § 17A-2) (Ord. 499, § 2; Measure B Initiative, adopted 2018)