Loading...
2266 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING ARTICLE TO BE NUMBERED ARTICLE III OF CHAPTER 28ORDINANCE NO. 2266 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING AN ARTICLE TO BE NUMBERED ARTICLE III OF CHAPTER 28; PROVIDING FOR A HOTEL OCCUPANCY TAX; PROVIDING FOR A PENALTY NOT TO EXCEED $200. 00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY l, 1976. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. That the Code of Ordinances of the City of Paris, Paris, Texas, be amended by adding an article to be numbered Article III of Chapter 28, to read as follows: "ARTICLE III, HOTEL OCCUPANCY TAX Sec. 28 -10. Definitions. Zhe following words and phrases, as used in this article, shall be construed to have the meanings ascribed to them in this section: "Hotel" shall mean any building or buildings in which the public may, for a consideratinq obtain sleeping accom - modations. Such word shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, or other buildings where rooms are fur- nished for a consideration, but such word shall not be de- fined so as to include hospitals, sanitariums or nursing homes. "Consideration" shall mean the cost of the room in any such hotel only if the room is one ordinarily used for sleeping, and shall not include the cost 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. "Occupancy" shall mean the use or possession, or the right to the use or possession, of any room in a hotel if the room is one ordinarily used for sleeping and if the occupant's use, possession, or right to use or possession, extends for a period of less than thirty (30) days. "Occupant" shall mean anyone, who, for a considera - tion, uses, possesses, or has a right to use or possess, any room in a hotel if the room is one ordinarily used for sleeping. "Person" shall mean any individual, association or corporation owning, operating, managing or controlling any hotel. "Director of Finance" shall mean the Director of Finance of the said City of Paris, Paris, Texas. "City Manager" shall mean the City Manager of the said City of Paris, Paris, Texas. "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 composed of the months of April, May and June, the third quarter being composed of the months of July, August and September, and the fourth quarter being composed of the months of October, November and December. Sec. 28 -11. Tax levied. (a) There is hereby imposed and levied a tax upon the occupant of any room or space furnished by any hotel where the cost of occupancy is at the rate of $2. 00 or more per day, such tax to be equal to three per cent (370) of the consideration pa.id by any such occupant of any such room or space in any such hotel, exclusive of other occu- pancy taxes imposed by other units of government. (b) No tax shall be imposed hereunder upon an occupant of any room or space rented from a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Sec. 28 -12. Use of revenue limited. The revenue derived from the occupancy tax imposed and levied in the preceding section hereof may only be used for the purposes as follows: (a) The acquisition of sites for and the con- struction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities including, but not limited to, civic center convention buildings, auditoriums, coliseums, and parking areas or facilities for the parking or storage of motor vehicles or other con- veyances located at or in the immediate vicinity of the convention center facilities; (b) The furnishing of facilities, personnel and materials for the registering of convention delegates or registrants; (c) For advertising for general promotional and tourist advertising of the City of Paris and its vicinity and conducting a solicitation and operating program to attract conventions and visitors either by said City or through contracts with persons or organizations selected by said City. Sec. 28 -13. Hotels shall collect. Every person owning, operating, managing or con- trolling any hotel shall collect the taxes imposed and levied herein for the said City of Paris. Sec. 28 -14, Report and accounting of collected taxes. On or before the end of the month following any such quarterly period, every person required to collect the taxes imposed and levied herein shall file a report in writing with said Director of Finance showing the consideration paid for all room or space occupancies during the preceding quarter, the amount of the tax collected on such occupancies, and any other informa- tion as said Director of Finance may reasonably re - quire. Every such person shall pay the amount of the taxes collected from occupants during the period covered by any such report at the time of filing the same. Sec. 28 -15. Rules and regulations. The City Manager shall have the power and au- thority to make and promulgate such rules and regula- tions as shall be necessary to effectively collect the taxes imposed and levied herein, and shall upon reasonable notice have access to all books and records necessary to enable such officer to determine the correctness of any report filed as required herein and the amount of taxes due under the provisions hereof. Sec. 28-16. Establishing a penalty for failure to collect or remit. It shall be unlawful and a misdemeanor for any individual, association or corporation to fail to collect any tax imposed or levied herein, or fail to file any report as required herein, or fail to pay to said Director of Finance any tax imposed or levied herein when and at the time said report for payment is due, or file any false report, and, upon conviction therefor, shall be punished as herein provided. Any failure to remit any tax imposed or levied herein within the time required shall forfeit five per cent (570) of the amount due as a penalty, and after the first thirty (30) days shall forfeit an additional five per cent (570) of such tax. Provided, however, that the penalty shall never be less than $1.00. Delinquent taxes shall draw interest at the rate of six per cent (670) per annum beginning sixty (60) days from the date due on the tax imposed and levied herein. Sec. 28 -17. Penalty. Any individual, association or corporation violating any portion or provision of this article shall be deemed guilty of a Class "C" Misdemeanor, and each and every day that any such portion or provision of this article be so violated shall constitute a separate and distinct offense. " Section 2. Any person violating any of the provisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200. 00. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. Should any section, subsection, sentence, provi- sion, clause or phrase hereof be held to be invalid, void or un- constitutional for any reason, such holding shall not render invalid, void or unconstitutional any other section, subsection, sentence, provision, clause or phrase of this ordinance, and the same are deemed severable for this purpose. Section 5. This ordinance shall become effective on January l, 1976. Passed and adopted this 8th day of December, 1975. QG~~-Sa es M. Brun e, Mayor ATTEST: O / H: C. Gr6erie, City C1erk APP OVED A TO FORM: T. K. Haynes, ity ttorney