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HomeMy WebLinkAboutOrdinance No. 2011-1897 i CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011-1897 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, BY ADDING A NEW ARTICLE III, SECTIONS 8-75 TO 8-89, ENTITLED "HOTEL OCCUPANCY TAX", BY PROVIDING FOR A HOTEL OCCUPANCY TAX RATE OF SEVEN PERCENT THROUGHOUT THE CITY OF THE COLONY, TEXAS; PROVIDING EXEMPTIONS TO THE IMPOSITION OF THE HOTEL OCCUPANCY TAX; PROVIDING FOR THE COLLECTION AND REMITTING OF HOTEL OCCUPANCY TAX REVENUE; PROVIDING FOR QUARTERLY REPORTS AND PAYMENTS; PROVIDING FOR COLLECTION PROCEDURES UPON THE PURCHASE OF A HOTEL; PROVIDING FOR THE ALLOCATION OF HOTEL OCCUPANCY TAX REVENUE; PROVIDING FOR THE ADMINISTRATION AND USE OF HOTEL OCCUPANCY TAX REVENUE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 351 of the Texas Tax Code authorizes the City Council of the City of The Colony, Texas, to impose a hotel occupancy tax at the rate of seven percent (7.0%); and WHEREAS, the City Council of the City of The Colony, Texas, previously approved Ordinance Number 97-992 on September 8, 1997, authorizing the imposition of a hotel occupancy tax at the rate of seven percent (7.0%); and WHEREAS, the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City of The Colony, Texas, to amend Chapter 8 by adding a new Article III, Sections 8-75 to 8-89, to regulate hotel occupancy tax within the City of The Colony, Texas, in accordance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 8, by adding a new Article III, Sections 8-75 to 8-89, entitled "Hotel Occupancy Tax," which shall read as follows: "Article III. Hotel Occupancy Tax See. 8-75. Definitions. In this article: (1) Consideration means the cost of a hotel room only if the room is ordinarily used for sleeping, and does not include the cost of any food served or personal services rendered to the room or a person in the room unless related to the cleaning and readying of the room for occupancy. (2) Hotel means a building in which members of the public may obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or other building where a room is furnished for a consideration, but does not include a hospital, sanitarium, or nursing home. (3) Tourism means the guidance or management of tourists. (4) Tourist means an individual who travels from the individual's residence to a different municipality, county, state, or country for pleasure, recreation, education, or culture. Sec. 8-76. Tax Levied; Exceptions. (a) A tax of seven percent (7.0%) of the consideration paid for a hotel room is levied, within the City limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to the use or possession of a hotel room that costs two dollars ($2.00) or more each day and is ordinarily used for sleeping. (b) This article does not impose a tax on: (1) A person who has the right to use or possess a hotel room for at least thirty (30) consecutive days, so long as there is no interruption of payment for the period; or (2) The United States, a governmental entity of the United States, or an officer or employee of the United States. (c) Except as otherwise provided in section 156.103 of the Texas Tax Code, as amended, the State of Texas, or an agency, institution, board, or commission of the State of Texas other than an institution of higher education, as that term is defined by section 61.003 of the Texas Education Code, as amended, shall pay the tax imposed by this article and is entitled to a refund of the amount of tax paid. (d) A person entitled to a refund of tax paid under this section shall make an application for a refund in the form prescribed by the City. Sec. 8-77. Collection of Tax Generally. (a) A person who owns, operates, manages, or controls a hotel or collects payment for the use or possession or for the right to the use or possession of a hotel room shall collect the tax levied by this article for the City. (b) A person who collects the tax shall deposit the tax proceeds into in a separate liability account and may not use the tax proceeds for any purpose other than payment to the City. (c) Every person owning, operating, managing or controlling any hotel shall collect the tax levied by this article for the City. The hotel operator shall be entitled to one (1) percent of the hotel occupancy tax revenues collected as reimbursement for the operator's administrative costs for collecting the tax. However, as further described in this article, this reimbursement may be forfeited at the discretion of the City if the hotel operator fails to timely pay over the tax or timely file a report as required by the City or files a false report with the City. Sec. 8-78. Quarterly Reports; Payments. (a) A quarterly period under this section is based on the City's fiscal year, with the first quarter beginning on October 1 and ending on December 31. (b) On or before the last day of the month following each quarterly period, a person required to collect the tax imposed under this article shall: (1) File a written report with the City for that quarterly period, with a copy of the report for state hotel occupancy taxes required by Section 156.151 of the Texas Tax Code, as amended, for the same quarterly period; and (2) Pay the tax due for the quarter. (c) A report under this section shall be in the form prescribed by the City and shall include: (1) The total consideration paid for rooms subject to the tax in the preceding quarter; (2) The total amount of tax collected; and (3) The total amount of tax exemptions granted. (d) If requested by the City, a person responsible for collecting the tax shall provide the City with: (1) The names, addresses, and identification relied upon to grant an exemption from the tax; and (2) Any other information the City may reasonably require. (e) The City Manager may request, and a person required to collect the tax shall provide within a reasonable time, additional documentation verifying the information contained in the report to the City. Sec. 8-79. Collection Procedure on Purchase of a Hotel. (a) If a hotel owner sells a hotel, the purchaser or his assignee shall withhold an amount of the purchase price sufficient to pay the amount of tax due until the seller provides: (1) A receipt issued by the City showing that the amount of tax due has been paid; or (2) A certificate issued by the City showing that no tax is due. (b) A purchaser of a hotel who fails to withhold the amount of the purchase price as required by this section is liable for the unpaid tax required to be withheld to the extent of the value of the purchase price. (c) The purchaser of a hotel may file a written request with the City for the issuance of a certificate stating that no tax is due or for a statement of the amount required to be paid before a certificate may be issued. The City shall issue the certificate or statement not later than the 60th day after the date that the City receives the request. (d) If the City fails to issue the certificate or statement within the period provided by Subsection (c), the purchaser is released from the obligation to withhold the amount of tax from the purchase price or pay the amount of tax due. Sec. 8-80. Rules; Access to Records. (a) The City Manager may promulgate rules to effectively collect the tax imposed by this article. (b) Upon reasonable notice, a person responsible for collecting the tax shall give the City access to the records necessary to determine the accuracy of a report filed or the amount of tax due under this article. Sec. 8-81. Allocation and Use of Hotel Occupancy Tax Revenue. (a) The revenue derived from the tax authorized by this article may be used only as provided by Chapter 351 of the Texas Tax Code, as amended, to promote tourism and the convention and hotel industry. (b) Revenue derived from the tax shall only be expended to directly enhance and promote tourism and the City's convention and hotel industry. Tax revenue may not be used as general revenue for general governmental operations of the City. Sec. 8-82. Penalties; Interest. (a) In addition to the tax imposed under this article, a person shall pay a penalty of five (5) percent of the tax due if the person: (1) Fails to file a report on or before the due date; (2) Fails to pay the tax imposed on or before the due date; or (3) Files a report containing false information. (b) A person who fails to pay any amount of the tax and penalty due under Subsection (a) on or before the 60th day after the tax is due shall pay an additional five (5) percent penalty on the unpaid tax. A delinquency penalty shall not be less than one dollar ($1.00). (c) Beginning on the 61 st day after the due date, delinquent taxes shall draw interest at a rate of ten (10) percent per annum. Sec. 8-83. Offenses. (a) A person commits an offense if the person violates or fails to perform an act required by this article, or files a report containing false information. Each instance of a violation of this article is a separate offense, and each day that a person remains in violation constitutes a separate offense. (b) An offense under this article is a Class C misdemeanor, punishable as provided in Section 1-5. Sec. 8-84. Additional Enforcement Authority. The City may take the following actions against a person who has failed to file a required report, failed to collect the tax imposed, failed to pay the taxes over to the City when due, or filed a false report: (1) Bring suit to collect the unpaid tax or to enjoin the person from operating a hotel in the City until the tax is paid or the report filed, as applicable, as provided by the court's order; and (2) Any other remedy provided under state law. Sec. 8-85. Administration of Hotel Occupancy Tax Revenue. (a) The City Manager shall approve expenditures or requests for funding from the revenue derived from the hotel occupancy tax, provided the amounts requested do not exceed the City Manager's spending authority consistent with the City's approved purchasing policy, as amended. (b) The City Manager or his or her designee shall maintain a record that accurately identifies the receipt and expenditure of all hotel occupancy tax revenue. (c) The City or entity that spends hotel occupancy tax revenue, before making an expenditure shall specify in a list each scheduled activity, program, or event that: (1) is directly funded by the tax or has its administrative costs funded in whole or in part by the tax; and (2) is directly enhancing and promoting tourism and the convention and hotel industry, by including whether hotel rooms have been blocked off for the scheduled activity, program, or event; or by including the number of hotel rooms expected to be utilized for the scheduled activity, program, or event. (d) The City may, by contract, delegate to a third party, including another governmental entity or a private organization, the management or supervision of programs and activities funded with hotel occupancy tax revenue. If the City delegates to another entity the management or supervision of a program, activity or event funded by the hotel occupancy tax, each entity that is ultimately funded by the hotel occupancy tax shall, provide the City a detailed accounting of actual expenditures and budgeted expenditures for each program, activity or event funded by the hotel occupancy tax, and before making an expenditure, specify in a list each scheduled activity, program, or event that: (1) is directly funded by the hotel occupancy tax or has its administrative costs funded in whole or in part by the hotel occupancy tax; and (2) is directly enhancing and promoting tourism and the convention and hotel industry. (e) The list required in Subsections (c) and (d) shall be provided to the office of the city secretary or to the city secretary's designee. (f) Subsections (c) and (d) do not prevent the City or funded entity from subsequently adding an activity, program, or event to the list required by those subsections if the activity, program, or event is directly enhancing and promoting tourism and the convention and hotel industry. (g) The approval by the City Council of the annual budget of the person or entity to which these functions may be delegated creates a fiduciary duty in the third party or entity with respect to the revenue provided by the City to the third party or entity under the contract. Secs. 8-86-8-89. Reserved." SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 3rd day of May, 2011. Joe McCourry, Mayor ATTES - t,% rzr i 47 f- t _ x r a yam` Christie Wilson, City Secretary APPROVED AS TO FORM: d Jeff Moore, 6ty Attorney