Loading...
TC Ord. No. 1981-364 WHEREAS, the Town Council desires to raise additional revenue; and ORDINANCE NO. 81-36 AN ORDINANCE IMPOSING AN EXCISE TAX IN THE AMOUNT OF ONE PER CENT (1%) ON THE PRICE PAID FOR THE LEASING OR RENTAL OF ANY HOTEL ROOM, CONDO- MINIUM UNIT OR SIMILAR ACCOMMODATION LOCATED IN THE TOWN; EFFECTIVE DATE OF SAID TAX TO BE DECEMBER 1, 1981; DEFINITIONS OF WORDS USED; EXEMPTIONS FROM SAID TAX; REPORTING PROCEDURE; INTEREST PENALTIES; AND SETTING FORTH DETAILS IN RELATION THERETO; AND ESTABLISHING PENALTIES FOR VIOLATION THEREOF. similar accommodation located in the Town; WHEREAS, the Town Council is of the opinion that a reasonable, just and proper manner in which to raise this revenue is by adopting an excise tax on the price paid for the leasing or rental of any hotel room, condominium unit or NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Legislative Intent. It is hereby declared to be the legislative intent of the Town Council of the Town of Avon that on and after December 1, 1981, every person who, for consideration, leases or rents any hotel room, condominium unit or other accommodation located in the Town shall pay, and every person who furnishes for leasing or rental any such accommodation shall collect, the tax imposed by this Code. Section 2. • 0 Imposition and Rate of Tax. On and after December 1, 1981, there is hereby levied, and shall be paid and collected, an excise tax of one per cent. (1%) on the price paid for the leasing or rental of any hotel room, condominium unit or other accommodation located in the Town. Section 3. Definitions. When not clearly otherwise indicated by the context, the following terms, words and phrases as used in this ordinance shall have the following meanings. Section 3.-1. Identification. The tax levied herein may be identified as the Avon Public Accommodations Tax. Section 3-2. "Town" means the Town o Avon, Colorado. Section 3-3. "Person" means an includes any individual, firm, co-partnership, joint venture, corporation, society, club, association, joint stock company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity; whether appointed by Court or otherwise, or any group or combination acting as a unit, including the United States of America, the State of Colorado, and any political subdivision thereof; and the plural as well as the singular in number. • • Section 3-4. "Hotel Room, Condominium Unit, or Other Accommo ation means the leasing, rental or furnishing of any room or other accommodation in any hotel, condominium, condominium unit, apartment-hotel, . motel, guest house, trailer court or any such similar place. to any person, who, for a consideration, uses, possesses, or has the right to use or possess such room or other accommodation for a total continuous duration of less than thirty (30) days. Section 4. Taxable Transactions. It shall be a violation of this Ordinance for any lessee of a hotel room, condominium unit, or other accommodation located in the Town to fail to pay, or for any lessor of such accommodation to fail to collect, the tax levied by this Ordinance. Section 5. Liability, Licenses and Reporting Procedure. Section 5-1. Burden of Proof. The bur en of proving that any transaction is not subject to the tax imposed herein shall' be upon the person upon whom the duty to collect the tax is imposed by Section 1 of'this Ordinance. Section.5-2. Town Manager May Require.Reports.- The Town Manager may require- any person to make such return , render such statement or keep and furnish such records as the Town Manager may -deem sufficient and reasonable to show whether or not such. person - is liable under this Ordinance for the payment or collection of the tax imposed herein. Section 5-3:. Reporting Procedure. Every person who' ,has the duty to collect the tax imposed 'in this-Ordinance must obtain, without charge, a license to collect the tax, and must report on forms prescribed, by the Town. Manages,:""such taxes and remit to the ,Town. the - col--lected taxes on or' before the 20th day of the month for the preceding month or:months under report. Section 5-4. Interest Penalties. If remittances and reports are not received on the due dates specified in Section 5-3 of this Ordinance, a penalty shall be imposed in the amount of ten per cent (10%) of the tax liability; and the total amount due, including tax and penalty, will bear interest at -the rate of ne nd a-half-per-cent per. month,-or =fraction-thereog_un 1T, s~uch_'eeports_=and remittances- are received by- the Town Manager. Section 6. Severability. If any part or held to be invalid, such portions of this Ordinance. Section 7. Penalties. parts hereof are for any reason shall not affect the remaining Any person, firm or corporation violating any of the provisions of. this Ordinance shall be deemed guilty of a violation of this Ordinance and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during- which any violation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or by both. such f ine''and imprisonment. i INTRODUCED, PASSED O)T FIRST READING, APPROVE AND ORDERED POSTED, THIS day of , 1981 and a public hearing on this Ordinance shall be he at the regular meeting of Town Co '1 of the T wn of Avon, Colorado, on the day of 1981 at 7:30 P.M. in the Municipal Building o the Town of Avon, Colorado. os 4- Al"lo r-. Alpi,' a Patricia J. Doy Town Clerk INTRODUCED, PAS ED ON SECOND READ ORDERED POSTED this day of n Pl, ATTEST: Patricia J. D~yle Town Clerk APPROVED AND L~ 1981. STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY.GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN-OF AVON,- COLORADO, AT 7:30 P.M. ON THE 24TH DAY OF NOVEMBER, 1981 AT THE MUNICIPAL BUILDING,-400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE'-ADOPTING OF ORDINANCE NO-.#81-36, SERIES OF 1981: AN ORDINANCE IMPOSING AN EXCISE TAX IN THE AMOUNT OF ONE PER CENT (1%) ON.THE PRICE PAID,'FOR THE LEASING OR RENTAL OF ANY HOTEL ROOM, CONDOMINIUM UNIT OR SIMILAR ACCOMMODATION LOCATED IN THE TOWN;-EFFECTIVE DATE OF SAID TAX TO BE DECEMBER 1, 1981; DEFINITIONS OF WORDS USED; EXEMPTIONS FROM SAID TAX; REPORTING PROCEDURE; INTEREST PENALTIES; AND SETTING FORTH DETAILS IN RELATION'THERETO; AND ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF. A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following-this hearing, the Council may consider final passage of this Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 12th.day of November, 1981. TOWN OF AVON, COLO 0 B Patricia J. Doyl , 4 Town erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 12, 1981': THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF CITY MARKET, THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY