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TC Ord. No. 21-02 Emergency Ordinance Amending Chapter 3.28 to Provide for the Collection andAvon COLORADO EMERGENCY ORDINANCE NO. 21-02 AMENDING CHAPTER 3.28 OF THE AVON MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION AND REMITTANCE OF ACCOMMODATION TAX BY MARKETPLACE FACILITATORS WHEREAS, pursuant to C.R.S. § 31-15-103 and § 31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town has autonomous taxing authority under Article XX, section 6, of the Colorado Constitution; and WHEREAS, the Town imposes a sales tax on lodging services pursuant to Section 3.08.030(b) of the Avon Municipal Code and an accommodation tax on lodging services pursuant to Section 3.28.030, and WHEREAS, the Town recently amended its Code to require marketplace facilitators to collect and remit the lodging services sales tax, commencing on October 1, 2020; and WHEREAS, the Town's tax administration will be greatly improved by requiring marketplace facilitators to also collect and remit the lodging services accommodation tax; and WHEREAS, this requirement will not create a new tax on any Avon taxpayer nor affect in any way existing tax levels; and WHEREAS, the Town Council finds that improving tax administration will promote the health, safety and general welfare of the Avon community; and WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading with the concurring vote of five (5) Council members after posting notice of a public hearing and conducting a public hearing; and, WHEREAS, Town Council finds that amendments to the Avon Municipal Code will lead to the effective collection and remittance of the accommodations tax and will thereby promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord 21-02 AMENDING CHAPTER 3.28 — January 12, 2021 Page I of 4 Section 2. Amendments to Section 3.28.020 — Definitions. Section 3.28.020 is hereby amended to read as follows with strike R indicating language to be deleted and underline indicating language to be adopted: Hotel room, condominium unit, or other accommodation means providing odgiH - serzees- -=as defined i Seel ,,„ 3.08.010. lodging services. Lodgink services is as defined in Section 3.08.010. Price paid is the total amount promised or paid in cash or other consideration in exchange for lodging services including but not limited to vendor mark-up cleaning fees service fees or any other charge, excluding taxes, which must be paid bathe purchaser in exchange for the lodging services. Vendor means a person providing lodging services, including marketplace facilitators as defined in Section 3.08.010. Section 3. Amendments to Section 3.28.040 — Payment and collection required. Section 3.28.040 is hereby amended to read as follows with strike ut indicating language to be deleted and underline indicating language to be adopted: It shall be a violation of this Chapter for any lessee of a hete' room, eendeminitim unit o--ther- AeeommQdation loeated in the To the purchaser of lodging services to fail to pay or for any lessor of sueh aecommodation the vendor of lodging services to fail to collect the tax levied by this Chapter. A marketplace seller as defined in Section 3.08.010 is not liable for this collection of tax, rather, any marketplace facilitator facilitating the sale of lodging services is so liable. Section 4. Enactment of Section 3.28.065 - Unpaid tax a prior lien, enforcement. Section 3.28.065 is hereby enacted to read as follows: "3.28.065 — Unpaid tax a prior lien, enforcement. (a) The taxes imposed by Section 3.28.030 shall be a first and prior lien upon the property of any person required to collect and remit taxes under this Chapter, which lien shall take precedence over all other liens, encumbrances or claims of whatever nature and shall immediately attach to such property without the necessity of the filing of any notice of lien thereof. (b) If any taxes, penalty or interest imposed by this Chapter are not timely paid after notice of deficiency is made, the Director of Finance may take action to collect such taxes, penalty or interest, including the filing of liens. (c) All notices required under this Chapter shall be in writing and if mailed to the last known address of the intended recipient shall be sufficient upon mailing." Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall Ord 21-02 AMENDING CHAPTER 3.28 — January 12, 2021 Page 2 of 4 not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect on February 1, 2021 in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 21-02 AMENDING CHAPTER 3.28 — January 12, 2021 Page 3 of 4 INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on January 12, 2021. ._I Sarah Smith Hymes, 4or Town Attorney ATTEST: BONN OF k2 I e� e Brenda Torres, Town Clerk , Ord 21-02 AMENDING CHAPTER 3.28 — January 12, 2021 Page 4 of 4