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Ordinance No. 0859 07-21-1986� � ' ���� •'�1 ' M • AN ORDINANCE CREATING CHAPTER 608 OF TAE CITY CODE RII,ATII� 7t� A TAX IMP�SID UPON LODGING Zhe City Council of the City of Fridley cbes heretiy ordain as follaas: 608.01. H1RFnSE The Legislature has authorized the impositian of a tax upon lodging at a hotel, motel, rooming house, tourist court or other use of space by a transient; and The imposition of such a tax would provide funding for a convention and tourism bureau to promote the City as a tourist and cormention center. 608.02. I�FINITIONS For the purpose of this Chapter, the fallaviny terms, phrases and words, and their derivations shall have the meaninq given herein. When not inconsistent with the context, wor� used in the �iesent tense include the future, words in the Filural rnmiber include the singular ntanber and worus in the singular ntunber include the plural number. The word "shall" is always manc]atory and not merely directory. 1. The term "director" means the Finance Director of the City. 2. The term "city" means the City of Fridley. 3. The texm "lodging" means the furnishing for a oonsideration of lodging by a hotel, motel or rooming house except where such lodging shall be for a continuous period of 30 days or more to the same lodger(s). The furnishing of rooms by religious, educational or non-profit organizatians shall not wnstitute "lodqing" for purposes of this Chapter. 4. The term "operator" means a person who provides lodging to others or any officer, agent or emplayee of such person. 5. The term "person" means any individual, corporation, partnership, association, estate, receiver, trustee, executor, ac�hnimstrator, assiynee. syndicate, or any other combination of ixrcaividuals. Whenever the term "person" is used in any prwision of this chapter prescribing and im�:osing a penalty, the term as applied to a corporation, association, or partnership, shall mean the officers, or �rtr�ers thereof as the case may l�e. 6. The term "rent" means the total consideration valued in money charged f or lodging whether �id in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself. 7. The term "lodqer" means the person obtaimng lodging from an operator. Page 2- Ordinance No. 859 -, ,- ,, 608.03. IMPOSITION OF TAX � There is hereby imposed a tax of three percent on the rent charged by an operator for providing lodging to any person on and after August 1. 1986. The tax shall be stated and charged separately and shall be collected by the operator fran the lodger. The tax collected by the operator shall be a debt awed by the operator to the city and shall be extinguished only Yry payment to the city. In no case shall tl�e tax imposed kry this section upon an operator exceed the �nount of tax which the operator is authorized and required by this chapter to collect fram a lodger. 608 . 0 4 . OOIS,E(,TIONS Fach operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax collections shall be de�ned to be held in trust by the operator for the city. The amount of tax shall tae se�arately stated from the rent charged for the lodging. 608.05. EXCEPPIONS AbID Ei�MPTIONS 1. Exceptions. No tax shall be imposed on rent for lodginy paid by any officer or engloyee of a foreicg� goverrnnent who is exempt by reason of e�tpress provisions of federal 1�a or international treaty. 2. Exemptions. An exemption shall be granted to any person as to whom or whose occu�ancy it is beyond the power of the city to tax. No exemption shall � be granted except upon a c1a�.m therefor made at the time the rent is collected and such a clai.m shall be made in writing and under penalty of per�ury on forms provided b� the ctty. All such claims shall be forwarded to the city when the returns and collections are sutmitteci as required kry this chapter. 608.06. ADVERTISING ND TAX It shall be unl�aful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be asstaned or aLsorbed by the oFerator, or that it will not be added to the rent or that, if added, it or ariy �rt thereof will be refunded. In computing the tax to be collected, �nounts of tax less than one cent shall be considered an additional cent. 608.07. PAY1�7E:�1'P AND RENRNS Zhe taxes imposed by this chapter shall be psid by the operator to the city monthly not later than 25 days after the end of the month in which the taxes were oollected. At the time of gxlyment the operator shall submit a return upon such forms and containing such information as the ch rector may require. The return shall contain the fallaving minimwn information: 1. The total amount of rent oollected for lodginy during the period covereG by the return. � 2. The amount of tax required to be collected and due for the penod. � � � Page 3- Ordinance No. 859 3. The sicg�ature of the person f�ling the return or that of his or her agent dul.y authorized in writing. 4 5. The period covered by the return. The amount of uncollectable rental charqes sub�ect to the lodqing tax. The operator may offset against the taxes payable with respect to any reporting period, the �nount of taxes imposed by this chapter previously �aid as a result of any transaction the consideratian for which became tmcollectable durinq such reporting period, but only in proportion to the portion of such consideration which became uncollectable. 608.08. EXAMINATION OF REtURN, AII7US'II�]'PS, NDTICES AI�ID DE3�7ANCS The director may rely upon the Minnesota sales tax return filed by the operator with the State of Minnesota in determimng the accuracy of a return fi1 ed under this ordinance. Haaever, the director shall be authorized to make any investigation or exanur�tion of the records and accounts of the person makinq the return if the director reasonahly determines that such steps are necessary for determimng the correctness of the return. The tax computed on the basis of such examirr�tion shall be the tax to be paid. If the tax due is found to be greater than that �id, such excess shall be paid to the City within ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shavn on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who �aid the tax to the City within ten days aftex c3etermination of such reftmd. .�: i• i�. Any person may apply to the director for a refund of taxes paid f or a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless f il.ea within one year after such tax was paid, or within one year fran the filing of the return, whichever period is the longer. The director shall examine the claim and make and file written findin� thereon denying or allaaing the claim in whole or in g�rt and shall matl a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the director shall credit the amount of the allowance against any taxes due under this chapter frar the claimant and the balance of said allavance, if any, shall be �id by the d�.rector to the claimant. .. � • � : � � • �� � : 5l 1 •i, 1. If any operator required by this chapter to fi].e a return shall fail to clo so within the time prescribed, ar shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the ogerator shall, upon written notice and d�nand, file such return or corrected return within f ive days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to f ile such return or corrected return, the director shall make a return or wrrected return, for such person /� (T M Page 4- Orcltnance No. 859 -� r, -� from such knaaledge and information as the director can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on � account of the tax for the taxable period covered by such return) shall gai� upon within five days of the receipt of written notice and demand for such �yment. Any such return or assessment mac3e by the director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceediny in respect thereto. 2. If any portion of a tax imposed by this chapter, including penalties thereon, is not �id within 30 days after it is required to be �id, the City Attorney may institute such legal action as may be necessary to recover the �nount due plus interest, penalties, the costs and disbursements of any action. 3. Upon a showing of good cause, the director may grant an operator one thirty (30) day extension of time within which to file a return anc3 make �ayment of taxes as required by this chapter provided that interest during such period of extension shall he added to the taxes due at the rate of 10 percent per annLUn. 608.11. PINALTIES l. If any tax imposed by this chapter is not gaid within the time herein specified for the �xyment, or any extension thereof, there shall be added thereto a specific penalty equal to 10 percent of the aunount renaira ng ung3id. ' 2. In case of any failure to make and file a return within the time prescribed by this chapter, tmless it is shaan that such failure is not due to wil.lful neglect, there shall be added to the tax in adclition to the 10 percent specific penalty provided in A above, 10 percent if the failure is for not more than 30 days with an addi.tional 5 percent for each adc]itional 30 days or fraction thereof during which such failure continues, not exceediny 25 Fercent in the aggregate. If the penalty as computed does not exceed $10, a minimum penalty of $10 shall be assessed. The amount so added to any tax shall be collected at the same time and the same maruier and as a p�rt of the tax unl�s the tax has been psid before the d�.scovery of the negligence, in which case the amount so added shall be collected in the same manner as the tax. 3. If any person willfully fails to file any return or make any payment required by this chapter, or wil.lfully files a false or fraudulent return or willfully attenpts in a� n�anner to evade or c7efeat any such a tax or �yment thereof, there shall also be imposed as a penalty an amount equal to 50 percent of any tax (less any amounts paid on the basis of such false or fraudulent return} found due for the period to which such return relatec�. The �:enalty imFnsed tr3 this subdivision shall be wllected as part of the tax, and shall be in adclition to any other penalties provided by this chapter. 4. All payments received shall be credited first to penalties, next to interest, an then to the tax due. � 5. The amount of tax not timely g3id, together with any penalty provided by this section, shall bear ir�t.erest at the rate of 8 percent per ann�un Lrom the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof. Page 5- Ordinance No. 859 608.12. ALMINISiRATION OF TAX �� � The directar shall ac�nimster and enforce the assessment and collection of the taxes imposed by this chapter. The director shall cause to be pre�ared Y,lank forms for the returns and other doctunents required by this chapter and shall distribute the same throughout the city and furrush then on application, but failure to receive or secure them shall not relieve any person from any obligation required of him under this chapter unless it can be established that the requtred forms were not availahle from the City. . � : ar�� � i • •� • �. The director and those persons acting on k�ehalf of the director authorized in writing by the director may examine the books, papers and records of any operator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this chapter. Every such operator is dtrected ann required to give to the said director or to his duly authorized agent or enployee the means, facilities and opportunity for such examir�tions and investigations as are hereby authorized. 608.14. ODPFiRACT WITH STATE The City Manager is authorized to confer with the Minnesota commissioner of taxation to the end that an agreenent 6etween the City and the oorrunissioner of taxation may be entered into for the �urpose of groviding for the acfiimstration and collection of the taxes imposeci by this chapter. Such an ' agreement shall not beoome effective until presented to the council for its approval and when so approved the tax imposed by this chapter shall be aollected and achunistered pursuant to the texms of said agreanent. 608.15. VIOLATIONS Any person who shall w�llfully fail to make a return required by this chapter, or who shall fail to g�y the tax after written demand for payment, or who shall tail to renit the taxes collected or any penalty or interest imposed by this chapter after written demand f or such payment or who shall refuse to permit the director or any duly authorized agents or em�l.oyees to examine the books, recorc� and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty oi a misdemeanor. 608.16. USE OF PkOCEEI:6 The Ninety-five (95$) percent proceeds obtained fr�n the collection of taxes pursuant to this chapter shall he used in acwrdance with Nlinnesota Statutes Section 477A.018 as the same may be amended from time to time to fund a local oonvention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center. 608.17. APPEALS � 1. Any operator aggrieved by any noti�, order or determination made by the director under this chapter may file a petition for review of such notice, order or determirrZtion detailing the operator's reasons for contesting the notice, order or determination. The petitior, shall contain the name of the petitioner, the petitioner's address and the location of the lodging sub�ect to the order, notice or determination. Page 6- Ordinance No. 859 �'�'," 2. The petition for review shall be f�.led with the City Clerk within ten days after the notioe, order or determintion for which review is sought has been � mailed or sexved upon the person requesting review. 3. Upon receipt of the petition the City Manager, or his designee, shall set a date for a hearing and give the petitioner at lease five days prior written notice of the date, time and place of the hearing. 1 �J 4. At the heanng, the petitioner shall be given an opFortunity to shaa cause why the nottce, order or determination should be modifiea or withdrawn. The petitioner may be represented by counsel of petitioner's choosiny at petitioner's own expense. 5. The hearing shall be conducted by the City Manager or his designee, provided only that the person conducting the hearing shall not have �rticipatea in the drafting of the order, notice or determination f or which review is sought. 6. The person conducting the hearing shall make written finchngs of fact and concl usions based upon the applicable sectior,s of this chapter and evidence presented. The person conducting the hearirig may aff irm, reverse or modify the notice, order or determirr�tion made by the d�.rector. 7. Any decision rendered by the City Manager pursuant to this subdivision may be appealed to the City Council. A petitioner seeking to appeal a decision must file a wntten notice of appeal with the City Clerk within ten c7ays after the decision has been mailed to the petitioner. The matter wil l thereupon be placed on the coimcil agencla as soon as is practical. The Council shall then review the finclings of fact and conclusions to aetermine whether they were wrrect. U�n a determination � the Council that f indings anci conclusions were incorrect, the Council may modify, reverse or affixm the decision of the City Manager or his designee upon the same standards as set forth in subclivision F. 608.18. EFFECPI{7E AATE This ordinance shall bemme effective August l, 1986. PASSED AND ALOPrED BY THE CITY �[7NCIL OF THE CITY OF ERIIF,EY THIS 215T L7�1Y OF JULY, 1986 ATTEST: ��� ������ SHIRLEY A. HAAPALA - CITY CLERK First Reading: July 7, 1986 Second Readinq: July 21, 1986 Publication: July 28. 1986 � / 1 / / � � � ,�►'�. . •