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TC Ord. No. 1989-03t r ~ 0 0 ORDINANCE NO. 89-3 AN ORDINANCE AMENDING CHAPTER 3.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAY- MENT OF A SALES TAX ON THE EXCHANGE OF TIME-SHARE UNITS. WHEREAS, Subsection 3.08.030 (B) of the Municipal Code of the Town of Avon levies a sales tax upon the rental or lease of an_v room for lodging purposes; and WHEREAS, a taxable sale within the meaning of said subsection occurs when the right to use a time-share unit within the Town is obtained in consideration for the transfer of a right to use a different time-share unit; and WHEREAS, the Town has not heretofore taken any enforcement actions to collect any sales tax upon such transactions; and WHEREAS, the Town Council interprets Subsection 3.08.030 (B) as levying a tax on such transactions; and WHEREAS, it is the intent and purpose of the Town Council in the enactment of this Ordinance to clarify said Subsection 3.08.030 (B); NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon as follows: Section 1. Amendment. Section 3.08.010 of i t i i Chapter 3.08 of Title 3 of the Municipal Code of the Town of Avon is amended by the addition of paragraphs K., L., M., and N. as follows: "K. 'Rack rate' means the posted or ad- vertised non-discounted rate for the rental of a room or unit, including a time-share unit, for lodging purposes. "L. 'Exchange of a time share unit' means obtaining a right to use a time-share unit within the Town in consideration for the transfer, in whole or in part, of a right to use a different time-share unit. "M. 'Time-share unit' means time-sharing unit as defined in Section 17.08.650 of the Municipal Code of the Town of Avon, as from time to time amended. "N. 'Time-share project' means any building or buildings or portions thereof approved by the y u P • E-A Town Council of the Town to include time-share i units." I Section 2. Amendment. Subsection B of Section 3.08.030 of Chapter 3.08 of Title 3 of the Municipal Code of the Town of Avon is amended to read as follows: "B. In addition to the tax levied by sub- section A hereof, there is also levied a tax, upon the rental, lease or exchange of any lodging in any hotel, motel, lodge, resort, club, mobile home, rooming-house, apartment building, time-share project or other establishment making lodging available in the Town, where the period of lodging obtained by such rental, lease, or exchange is less than thirty days. Said tax shall be levied irrespective of the location from which the reservation for said lodging is actually made. The tax levied shall be based upon the same schedule as is set forth in subsection A hereof and shall be levied on the rental or lease fee, price, or other consideration paid or received, except that where the consideration paid or received is in the form of an exchange of another unit of lodging, including the exchange of a time-share unit, the tax shall be levied on the rack rate of the lodging used in the Town. The person, partnership, corporation or other entity making such lodging available shall, for all purposes of this chapter, be deemed to be a 'retailer' as defined in Section 3.08.010. Section 3. Effective Date and Applicability. This ordinance shall become effective in accordance with the Charter of the Town of Avon and shall apply to all exchanges of time-share units heretofore or hereafter occurring. Section 4. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Tow would have passed this Ordinance sub-section, sentence, clause or tive of the fact that any one or sub-sections, sentences, clauses invalid. n of Avon hereby declares it and each part, section, phrase thereof, irrespec- more parts, sections, or phrases be declared Section 5. Savings. No amendment made by this Ordinance to Chapter 3.08 of the Municipal Code of the Town of Avon shall extinguish any amount owing, nor any penalty, forfeiture, or liability, either civil or criminal, which - 2 - a I 19 I~ it i shall have been incurred pursuant thereto prior to the effective date of such amendment. I 'I lI INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of February, 1989 and a public hearing on this Ordinance shall be held at the regular meeting of j the Town Council of the Town of Avon, Colorado, on the jl day of February 1989, at 7:30 P.M. in the Munici- pal Building of the Town of Avon, Colorado. I, it j~ Al an . Nott' ham, Mayor ATTEST: /s/ Patricia J. Doyle Patricia J. Doyle, Town Clerk 'i ~I INTRODUCED, PASSED ON SECOND READING, APPROVED AND ii ORDERED POSTED this day of , 1989 ,i ~I Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle, Town Cler KORD5030789 i - 3 - • • 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 28TII DAY OF FEBRUARY, 1989, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 89-3, SERIES OF 1989: AN ORDINANCE AMENDING CHAPTER 3.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF A SALES TAX ON THE EXCHANGE OF TIME-SHARE UNITS 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 is given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of February, 1989. VON, C BY atricia JVDoy e, own Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 15, 1989: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY THE C-MART, INC.; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ORDINANCE NO. 89-3 AN ORDINANCE AMENDING CHAPTER 3,08 i OF THE MUNICIPAL CODE OF THE TOWN + OF AVON AS IT RELATES TO THE PAY- MENT OF A SALES TAX ON THE EXCHANGE OF TIME-SHARE UNITS. WHEREAS, Subsection 3,08.030 (B) of the Municipal Code of the Town of Avon levies a sales tax upon the rental or lease of any room for lodging purposes; and WHEREAS, a taxable sale within the meaning of said subsection occurs when the right to use a time-share unit within the Town is obtained in consideration for the transfer of a right to use a different time-share unit; and WHEREAS, the Town has not heretofore taken any enforcement actions to collect any sales tax upon such transactions; and WHEREAS, the Town Council interprets Subsection 3.08.030 (B) as levying a tax on such transactions; and WHEREAS, it is the intent and purpose of the Town Council in the enactment of this Ordinance to clarify said Subsection 3.08.030 (B); NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon as follows: Section 1. Amendment, Section 3.08,010 of Chapter 3.08 of Title 3 of the Municipal Code of the Town of ~I Avon is amended by the addition of paragraphs K., L., M., and N. as follows: "K. 'Rack rate' means the posted or ad- vertised non-discounted rate for the rental of a room or unit, including a time-share unit, for lodging purposes. "L. 'Exchange of a time share unit' means obtaining a right to use a time-share unit within the Town in consideration for the transfer, in whole or in part, of a right to use a different time-share unit. "M. 'Time-share unit' means time-sharing unit as defined in Section 17.08.650 of the Municipal Code of the Town of Avon, as from time to time amended. "N. 'Time-share project' means any building or buildings or portions thereof approved by the r ,I Town Council of the Town to include time-share units." Section 2. Amendment. Subsection B of Section 3.08.030 of Chapter 3.08 of Title 3 of the Municipal Code of the Town of Avon is amended to read as follows: "B. In addition to the tax levied by sub- section A hereof, there is also levied a tax, upon the rental, lease or exchange of any lodging in any hotel, motel, lodge, resort, club, mobile home, rooming-house, apartment building, time-share project or other establishment making lodging available in the Town, where the period of lodging obtained by such rental, lease, or exchange is less than thirty days. Said tax shall be levied irrespective of the location from which the reservation for said lodging is actually made. The tax levied shall be based upon the same schedule as is set forth in subsection A hereof and shall be levied on the rental or lease fee, price, or other consideration paid or received, except that where the consideration paid or received is in the form of an exchange of another unit of lodging, including the exchange of a time-share unit, the tax shall be levied on the rack rate of the lodging used in the Town. The person, partnership, corporation or other entity making such lodging available shall, for all purposes of this chapter, be deemed to be a 'retailer' as defined in Section 3.08.010. Section 3. Effective Date and Applicability. This Ordinance shall become effective in accordance with the Charter of the Town of Avon and shall apply to all exchanges of time-share units heretofore or hereafter occurring. Section 4. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of February, 1989 and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 28th day of February , 1989, at 7:30 P.M. in the Munici- r s r y y r s r i i 2 - d If r • M~ pal Building of the Town of Avon, Colorado. i, Allan of gham, Mayor TT T y t~ atricia Vvsoyle~ T Clerk ? INTRODUCED, PASSED ON SECOND READING, APPROVED AND i ORDERED POSTED this day of , 1989 I II ATTEST: Allan R. Nottingham, Mayor i 4 Patricia J. Doyle, Town Clerk r' 'i I~ I I~ KORD5021589 - 3 -