338.01 DEFINITIONS.
   As used in this article, unless the context clearly indicates a different meaning, the following words and phrases shall have the meanings set forth below:
   (a)   “Patron” means any person who drives a vehicle to, into, or upon a non- residential parking lot, as hereinafter defined, for the purpose of having said vehicle stored for any length of time. The term shall include any person who has a vehicle in his or her custody or control taken by another for the purpose of having it stored at a non-residential parking place.
   (b)   “Non-Residential Parking Lot” means any place within the City, whether wholly or partially enclosed or open, including a garage or enclosed building, at which motor vehicles are parked or stored for any period of time in return for consideration, not including:
      (1)   Any parking area or garage to the extent that it is provided or leased to occupants of a residence on the same or other premises for use only in connection with, and as necessary to, the occupancy of such residence;
      (2)   Any parking area or garage operated exclusively by an owner or lessee of a hotel, an apartment hotel, tourist court or trailer park for no additional consideration; and
      (3)   Any on-site or off-street parking on property designated for accessory use provided by the owner for the use of such owner, tenants of such owner, or the employees and business visitors of such owner or tenants.
   (c)   “Operator” means any person operating a non-residential parking lot or receiving consideration for the parking or storage of motor vehicles at such parking lot, including, without limiting the generality of the above, any governmental sub- division, municipal corporation, public authority, non-profit corporation, or any person operating as an agent of any of the above.
   (d)   “Transaction” means the parking or storing of a motor vehicle at a non-residential lot for consideration.
   (e)   “Consideration” means the payment of compensation, of whatever nature, to the operator by or on behalf of the patron, upon an express or implied contract or under a lease or otherwise, whether or not separately stated, and whether paid in cash or credited to an account, for each transaction involving the parking or storing of a motor vehicle by the patron. The consideration shall not include the tax imposed and collected under this article.
      (Ord. 33-2006. Passed 6-6-06.)