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ORD CC 11/26/74 - Hotel/motel occupancy tax• • ORDINANCE NO. 74 -23 AN ORDINANCE AMENDING CHAPTER 15 B OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, ENTITLED TAXATION, BY ADDING A NEW SECTION TO E NUMBERED 15 B -3 TO BE AN ORDINANCE PROVIDING F R THE ASSESSMENT AND COLLECTION OF A HOTEL AND MOTEL OCCUPANCY TAX, PROVIDING FOR EXEMPTIONS, PROVIING FOR COLLECTION OF REPORTS CONCERNING THE TAX, RO- VIDING FOR THE MAKING OF ADMINISTRATIVE RULES ND REGULATIONS FOR THE COLLECTION OF SUCH TAX, AUfiHO- RIZING THE ENTERING INTO OF A CONTRACT FOR THE AD- MINISTRATION OF FUNDS COLLECTED, PROVIDING A MEANS FOR ENFORCEMENT OF SUCH ORDINANCE, PROVIDING A PENALTY FOR WILLFULFAILURE OR VIOLATION OF SAID ORDINANCE AND CONTAINING OTHER MISCELLANEOUS PRO- VISIONS. WHEREAS, Article 1269j -4.1 Section 3a, et seq., Revised Civil Statutes of the State of Texas, authorizes any City to levy by ordinance a tax upon the cost of occupancy of any sleeping room fur- nished by any hotel under the terms and conditions specified by said statute and for the purposes as set forth therein; and WHEREAS, a determination has been made by the City Council of the City of Huntsville, Texas, that a necessity exists for the said City to exercise the authority specified in said statute to levy such tax for the purpose of raising money for advertising for general pro- motional and tourist advertising of the City of Huntsville and its vicinity and conducting a solicitation and operating progra)n to attract conventions and visitors either by the City or through contracts with persons or organizations selected by the said City and in pursuance thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Section 15 B of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by addipg a new section to be entitled Section 15 B -3, et seq., the same being an ordinance providing for the assessment and collection of a iotel and motel occupancy tax and other provisions in connection. therewith, with such amendment and additions to said Code of Ordinances to e as follows: Section 1: Section 15 B -3. Levy of tax,rate; exceptions. (a) There is hereby levied a tax upon the occupancy of any room or space furnished by any hotel or motel where such cost of occupancy is at the rate of $2.00 or more per day; such tax to be equal to three per cent (3 %) of the consideration paid by the occupant of such room or space to such hotel or motel. (b) No tax shall be imposed hereunder upon a per- manent resident. (c) No tax shall be imposed hereunder upon a corp- oration or association organized an exclusively for religious, charitab ucational purposes, in which no par earnings inures to the benefit of a shareholder or individual. operated e or ed- of the net y private Section 15 B -4. Definitions. The following words, terms and phrases are, for the purpose of this ordinance, except where the context clearly indicates a different meaning, defined as follows: (a) "Hotel" shall mean any building or buildings, trailer or other facility in which the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or court, lodging houses, inns, rooming houses, trailer houses, or other buildings where rooms are furnished for a consideration, but "Hotel" shall not be defined so as to include hospitals, sanitariums, or nursing homes. (b) "Consideration" shall mean the costs of any food served or personal services rendered to the occupant of such room, not related to the cleaning and readying of such room for occupancy, and shall not include any tax assessed for occupancy thereof by any other governmental agency. (c) "Occupancy" shall mean the use or possession, or the rights to the use or possession of any room or rooms in a hotel for any purpose. (d) "Occupant" shall mean anyone who, for a considera- tion, uses, possesses, or has a rig to use or possess any room or rooms in a hotel under any lease, concession, permit, right of access, license contract or agreement. (e) "Persons" shall mean any individual, company, corporation or association owning, operating, managing or controlling any hotel. (f) "City Secretary" shall mean the City Secretary of the City of Huntsville, Texas. (g) "Quarterly Period" shall mean the regular calendar quarters of the year, the first quarter being composed of the months of January, February and March, the second quarter being the months of April, May and June, and the third quarter being the months of July, August and September and the fourth quarter being the months of 1414 October, November and December. (h) "Permanent Resident" shall mean any who has or shall have the right to of any room or rooms in a hotel for thirty (30) consecutive days during calendar year or preceding year. occupant ccupancy at least the current Section 15 B -5. Collection. Every person owning, operating, managing or con- trolling any motel or hotel within the City of Huntsville, Texas, shall collect the tax imposed in Section 1 hereof, for the City of Huntsville, Texas. Section 15 B -6. Reports. On the last day of the month following each quarterly period, every person required in Section 15 B -4 hereof to collect the tax imposed herein shall file a report with the Tax Assessor - Collector of the City of Hunts- ville, showing the consideration paid fort all room occupancies in the preceding quarter, the amount of the tax collected on such occupancies, and any other information as the Tax Assessor - Collector may reasonably require. This requirement may be met by submitting a copy of the State Hotel -Motel Occupancy Tax Quarterly Report and any amendment thereto to the Tax Assessor - Collector of the City of Huntsville, Texas. Such person shall pay the tax due on such occupancies at the time of filing such report. Section 15 B -7. Rules and Regulations. The City Tax Assessor - Collector shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable him to determine the correctness of any report filed as required by this ordinance and the amount of taxes due under the pro- visions of this ordinance. Section 15 B -8. Agency for Administration. The Mayor of the said City is hereby authorized to enter into a contract with an agency outside of the City Government to administer the funds made available under this ordinance for the purpose of expending the fund pursuant to the purpose for which intended. ►5 • Section 15 B -9. Civil penalties. Any person who fails to remit the tax or Violates the reporting provisions imposed by this Ordinance within the time required shall forfeit an additional five per cent (5 %) of such tax. Addition lly, taxes not paid within the time required by this ordinance shall be considered delinquent, and such elinquent taxes shall draw interest at the rate of ix per cent (6 %) per annum if same remain unpaid thirty (30) days after the date due. Section 15 B -10. Criminal penalties. Any person who willfully fails or refuses to pay, when due, the tax imposed under the provi ions of this ordinance, or who shall fail or refu e to make any report due under the terms of this or inance or shall file a false report, shall, upon conviction, be deemed guilty of a misdemeanor and punished as provided by Section 1 -8 of the Code of Ordinances of the City of Huntsville, Texas. Section 15 B -11. Severability provision. If any section, clause, paragraph, or provision of this ordinance shall be held unconstitutional or void, then the invalidity of such section, clause, para- graph or provision shall not affect the other pro- visions of this ordinance, and the same shall remain in full force and effect. Section 2: BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the within ordinance shall become effective as provided by the charter of the City of Huntsville, and the tax herein levied shall Oommence to be collected on January 1, 1974. PASSED in open session on this the (o 'day of November, 1974. THE CI Y OF HUNTSVILLE, T S 4. 04.-- ATTEST:- RUTH DeSHAW, City Secretary 11-2-(o 7 MORRIS I. WALLER, Mayor