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HomeMy WebLinkAbout2960 Transient Occupancy Tax ORDINANCE NO. ~q~(J AN ORDINANCE AMENDING CHAPTER 4.24.020 OF THE ASHLAND MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, ORS 320.350(6) authorizes local governments to increase transient occupancy taxes provided certain limitations and restrictions are imposed on the funds collected; and WHEREAS, the City of Ashland conducted two public forums, several public meetings and a public hearing , the later being on June 3, 2008 on the question of whether the City's seven percent (70/0) transient occupancy tax should be increased, by what percentage and for what purpose; and WHEREAS, after due consideration of input from the public, staff and due deliberation, the City of Ashland finds it necessary and desirable to increase the City's transient occupancy tax by two percent (20,10) to promote tourism, tourism-related facilities, economic development and other appropriate purposes consistent with the limitations in state law for use of such funds; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1~ AMENDMENT. AMC 4.24.020 is amended to read as follows: 4.24.020 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of se~:en (70-'> nine (90/c,l percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The operator shall collect and record the tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting, and when earned if the operator keeps records on the accrual accounting bases. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. SECTION 2. CLASSIFICATION OF THE FEE. The tax specified in Ashland Municipal Code Section 4.24.020 as set forth in Section 1 of this ordinance is classified as not subject to the limits of section 11 b of Article XI of fhe Oregon Constitution SECTION 3. SEVERABILITY.:. Ordinance No. Transient Occupancy Tax Amendment Page 1 of 2 The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. SAVINGS CLAUSE. Notwithstanding this amendment, the City ordinances in existence at the time any legal action for collection, enforcement or other purpose authorized or referenced in Chapter 4.24 [Transient Occupancy Tax] of the Ashland Municipal Code that was legally commenced, shall remain valid and in full force and effect for purposes of all cases and actions filed or commenced during the times said ordinance(s) or portions thereof were operative. SECTION 5. DELAYED EFFECTIVE DATE. In accordance with Article 10, Section 3 of the Ashland City Charter, the City Council deems it advisable to specify a delayed effective date for this ordinance increasing the transient occupancy tax to nine percent. Accordingly, Section 1 of this Ordinance shall take effect on October 1, 2008. SECTION 6. CODIFICATION. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross-reference corrections, corrected by the City Recorder, provided however that Sections 2 thru 6, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in acco dance with Article X, Section 2(C) of the City Charter on the 3 day of , 2008, and dul ASSED and ADOPTED this / day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. Reviewed as to form: Ordinance No. Transient Occupancy Tax Amendment Page 2 of 2