HomeMy WebLinkAboutOrdinance 91.16 Amending the tax code ORDINANCE NO. 91.16
AN ORDINANCE OF T~IE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AMENDING THE TOWN TAX CODE TO PROVIDE FOR AN ADDITIONAL TAX TO BE
LEVIED FOR CERTAIN USES OF REAL PROPERTY, RESTAURANTS AND BARS
Wq{EREAS, the Town of Marana has adopted the model Tax Code;
and
W/4EREAS, the Town does now wish to amend the Tax Code to
provide for the additional levy of tax to certain industries
within the Town.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the
Town of Marana as follows:
Section 1. Section 1-447 of the Town Tax Code is added to read:
"In addition to the taxes levied as provided in Section 1-444,
there is hereby levied and shall be collected an additional tax
in an amount equal to one percent (1%) of the gross income from
the business activity of any hotel engaging or continuing within
the To%rn in the business of charging for lodging and/or lodging
space furnished to any transient. 'Transient'means any person
who, for a period of not more than thirty consecutive days,
either at his own expense or at the expense of another, obtains
lodging or the use of any lodging space in any hotel for which
lodging or use of lodging space a charge is made."
Section 2. Regulation 1.447.1 of the Town Tax Code is added to
read:
"Regulation 1-447.1. Gross income
licensing for use of real property as
transients.
from rental, leasing and
lodging or lodging space to
(a) If the charge made by a hotel to a transient includes any
charge for services or accommodations in addition to that of
lodging and/or the use of lodging space, then such portion of the
total charge as represents only the charge for the use of the
room and/or lodging space shall be distinctly set out and billed
to such transient by such hotel as a separate item, or the entire
charge shall be deemed a charge for use of lodging space subject
to the tax imposed my Section 1-447.
(b) A separately itemized charge for use of the furnishings
contained in lodging or lodging space rented, leased, or licensed
to a transient shall be deemed gross income from the business or
renting, leasing, and licensing lodging to a transient. Further-
more, in regard to s~ch tangible personal property, such person
is deemed not in the business of rental, leasing, and licensing
of tangible personal property for all purposes of this Chapter.
(c) Complimentary ~00d And Drink. Persons engaged in the business
of rental, leasing and licensing of lodging to transients shall.
include charges of complimentary food and drink as gross 'income
from the business of rental, leasing, and licensing of lodging to
transients, and shall not be deemed in the restaurant business
for all purposes of this Chapter, unless such charges:
(1) are made only at the request of the transient, or as a
separate, optional charge for consuming specific food or drink
(for example, "room service" charges); and
(2) are commensurate with charges
of food consumed by patrons of persons
business."
for like quantity and type
engaged in the restaurant
Section 3. Delayed Effective Date.
This Ordinance shallbecome effective on the 15th day of March,
1992.
PASSED AND ADOPTED by the Mayor and Council of the To'~n of
Marana, this 7th day of January, 1992.
MAYOR
ATTEST:
Date Signed: /-- ~/-~
APPROVED AS TO FORM: