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HomeMy WebLinkAbout0990 Ord (Local Lodging Tax)ORDINANCE NO. 990 AN ORDINANCE OF THE CITY OF STILLWATER ENACTED TO ESTABLISH A LOCAL LODGING TAX The City Council of the City of Stillwater does ordain: 1. PURPOSE. In order to increase commerce and to provide for a vibrant City atmosphere - - - that will attract tourism and convention business to the City, it is essential that the City be marketed and promoted by a local convention and tourist bureau. 2. LODGING TAX ESTABLISHMENT. In furtherance of that purpose, and pursuant to Minnesota Statutes §469.190, a tax of 3% is hereby imposed on the gross receipts generated within the City from the furnishing for consideration of lodging at hotels, motels, rooming houses, tourist courts or resorts, other than the renting or leasing of lodging for a continual period of 30 days or more. 3. COLLECTION. Any person, corporation, partnership or association (Operator) that provides lodging to others must collect the tax at the time lodging charges are paid. The amount of tax must be separately stated from the lodging charges and held in trust for the City until remitted to the City 4. PAYMENTS AND RETURNS. The taxes imposed by this Ordinance must be paid by the Operator to the City quarterly not later than thirty (30) days after the end of the calendar quarter in which the taxes were collected. At the time of payment, the Operator must submit a return upon forms provided by the City. The return must contain the following minimum information: a. The total amount of rent collected for lodging during the period covered by the return. b. The amount of tax required to be collected and due for the period. c. The signature of the person filing the return or that of his agent duly authorized in writing. d. The period covered by the return. e. The amount of uncollectible rental charges subject to the lodging tax. The Operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Ordinance previously paid as a result of any transaction, the consideration for which became uncollectible, and exclude from charges subject to the tax, any person whose occupancy is beyond the power of the City to tax by reason of the federal law or international treaty. 5. EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS. The City must, after a return is filed, examine the return and make any examination of the records and accounts of the person making the return deemed necessary for determining its correc+ness. The tax computed on the basis of the examination is the tax to be paid. If the tax due is found to be greater than that paid, the excess must be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess must be refunded by the City to the person who paid the tax within ten (10) days after determination of the refund. 6. FAILURE Tb FILE A RETURN. Subd. 1. If any person required by this Ordinance to file a return fails to do so within the time prescribed, or makes willfully or otherwise an incorrect, false or fraudulent return, upon written notice and demand, the person must file a return or a corrected return within ten (10) days of receipt of written notice and must at the same time pay any tax due. If a person fails to file a return or corrected return, the City must make a return or corrected -2- return for the person based upon the knowledge and information 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 the return) must be paid within ten (10) days of the receipt of written notice and demand for payment. Any return or assessment made by the City is prima facie correct and valid, and the burden of proving to the contrary rests with any person in any action or proceeding in respect thereto. Subd. 2. Upon a showing of good cause, the City may grant an Operator one thirty (30) day extension of time within which to file a return and make payment of taxes as required by this Ordinance, provided that interest during the period of extension must be added to the taxes due at the rate of eight (8) percent per annum. 7. PENALTIES. Subd. 1. If any tax imposed by this Ordinance is not paid within the time required for payment, or an extension, there must be added a penalty equal to ten (10) percent of the amount remaining unpaid. Subd. 2. If any person willfully fails to file any return or makes any payment required by this Ordinance, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat the tax or payment thereof, there must also be imposed as a penalty an amount equal to fifty (50) percent of any tax (less any amounts paid on the basis of the false or fraudulent return) found due for the period to which the return related. The penalty imposed by this section must be collected as part of the tax and are in addition to any other penalties provided by this Ordinance. Subd. 3. All payments received will be credited first to penalties, next to interest and then to the tax due. -3- Subd. 4. The amount of tax not timely paid, together with any penalty provided by this Section, will bear interest at the rate of eight (8) percent per annum from the time the tax should have been paid until payment is made. Any interest and penalty will be added to the tax. Subd. 5. In the event that any tax remains unpaid for 30 days after it is due, in addition to the right to institute legal action to collect the amounts due, the City may certify the tax, together with any penalty, interest and costs, to the County Auditor for collection with the real estate taxes. 8. EXAMINE RECORDS. Persons acting on behalf of the City and authorized in writing by the City 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 Ordinance. Every such Operator must give to the City the means, facilities and opportunity for examinations and investigations as are hereby authorized. 9. DISPOSITION OF PROCEEDS. 95% of the proceeds must be used to fund a local convention and tourist bureau for the purpose of marketing and promoting the City as a convention and tourist center and for that purpose, the City is authorized to enter into an agreement with the Greater Stillwater Area Convention and Visitor's Bureau. 10. VIOLATIONS. Any person who willfully fails to make a return by this Ordinance or who fails to pay the tax after written demand for payment, or who fails to remit the taxes collected or any penalty or interest imposed by this Ordinance after written demand for payment, or who refuses to permit the City's authorized agents to examine the books, records and papers under their control, or who willfully makes any incomplete, false or fraudulent return is guilty of a misdemeanor. -4- 11. APPEALS. Subd. 1. Any Operator aggrieved by any notice, order or determination made by the City under this Ordinance, except for the criminal penalties, may file a petition for review of such notice, order or determination. The petition shall contain the name of petitioner, petitioner's address and the location of the lodging subject to the notice, order or determination. The appeal must be first heard by the City Administrator. Appeal may be made to the City Council by the aggrieved party filing a written notice of appeal with the City Clerk within ten (10) days after the Administrator's determination is made to the appellant. 12. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its date of publication and will establish the tax set forth in this ordinance upon gross lodging receipts generated beginning on January 1st, 2008 and thereafter and, unless revived by action of the City Council, until December 31st, 2010, when the tax will sunset by operation of law. Adopted by the City Council of the City of Stillwater this 30th day' of October, 2007. ATTEST: r Diane F. Ward, City Clerk CITY OF STILLWATEI~-- Ken arycki, Its Mayor -5- AFFIDAVIT OF PUBLICATION Stillwater Gazette 12/12/07 1931 Curve Crest Blvd. Stillwater, MN 55082 (651) 439-3130 Fax: (651) 439-4713 State of Minnesota} ss. County of Washington} The W1dersigned, being duly sworn, on oath, says that slhe is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Gazette, and has full knowledge of the facts which are stated (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A02, 33lA07 and other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby adillliwledgeJ as being the size and kind type used in composition and publication of the of notice. abcdefghijk1mnopqrstuvwxyz i-1vl~ (~ Publi~1 Authorized Agent . ,2007. ARK EDWARD BERR/MAN NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31,2011 ... City of Stillwater 216 4th St N. Stillwater, MN 55082 Invoice #: 00006888 Terms: Net 30 Inches 31 1 Day Description City of Stillwater - Ordinance No. 990 -12/7 Price $7.90 Total $244.90 $244.90 Payment $244.90 $0.00 Sub Total Maximum rate per column inch under Minnesota Law: $16.90 per 12-pica column Balance Due $244.90 Stillwater Gazette, December 7, 20070RDINANCE NO. 990 ~N ORDINANCE OF THE CI.TY OF STiLLWATER ENACTED TO ESTABLISH A LOCAL LODGING TAX The City Council of the City of Stillwater does ordain: 1. PURPOSE. In order to increase commerce and to provide for a vibrant City atmosphere that will attract tourism and convention buslnessJo the City, it Is essential that the City .be marketed and promoted by a local convention and tourist bureau. 2. LODGING TAX ESTABLISHMENT. In furtherance of that purpose, and pursuant to Minnesota Statutes ~69.190, a tax of 3% Is hereby imposed on the gross receipts generated within the City from the fumishing for consideration of lodging at hotels, motels, rooming houses, tourist courts or resorts, other than the renting or leasing of lodging for a co(ltinual period of 30 days or 'more, 3. COLLECTION. Any person, corporation, partnership or association (Operator) that provides lodging to othefs must collect the taxa,t the time lodging charges are paid. The amount of tax must be separately stated from the lodging charges and held in trust for the City until remitted to the City. 4. PAYMENTS AND RETURNS. The taxes imposed by this Ordinance must be paid by the Operator to the City quarterly not later ttlan thirty (30) days after the end of the calendar quarter In which the taxes were collected. At the time of payment, the Operator must submit a retum upon forms provided by the City. The return must contajn the following minimum inforlllatiol;l: a. The total amount of rent collected for lodging during the period covered by the retum. b. The amount of tax required to be collected and due for the period, c. ThE} signature of the person filing the return or that of his agent duly authorized In writing. d. The period covered by the retum. e. The amount of uncollectible rental charges subject to the lodging tax. The Operator may offset against the taxes payable with respect to any ~eportingperiod, the amount of taxes imposed by this Ordinancepr~ously '"'paltl lii&'aMsult of any transaction, theconsk:ijlration for WHich ~ei . uncollectible, ~li.~q1ude from char~subiect tpthE! t!lX,.,!\!'V Pflrs~ w,hose occupancy is beyond the power of the City to tax by reason .of the federal law or international treaty. 5. EXAMINATION OF RETURN, ADJUSTMENTS, NOTiCES AND DEMANDS. The City must, after a retum is filed, examine the return and make any examination of.the records and accounts of the person.making the return deemed necessary for determining its correctness. 'The tax computed on the basis of the examination is the tax to be paid. If the tax due is found to be greater than t"at paid, the excess must be paid to the City within ten (to) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the retum.lf the tax paid Is greater than the tax found to be due, the excess must be refunded by the City to the person who paid the 'tax within ten (to) days after determination of the refund, 6. FAILURE.TO FILE A RETURN. Subd. 1. If any person required by this Ordinance to file a return failS to do so within the time prescribed, or makes willfully or otherwise an incorrect, false or fraudulent return, upon written notice and demand, the person must file a return or a corrected return within ten (10) days of receipt of written notice aM must at the same time pay any tax due. If a person fails to file a return or corrected return, the City must make a return or cor- rected return for the perSon based upon the knowledge and information and assess a tax on the basis thereof, Which tax (less any payments theretofore. made. on account of the tax for the taxa1>le periOd covered by ,the retum) must be paid within ten (10) days of the receipt of written nbtice and'demand for pay_ ment.Any return or assessment made by the City Is prima facie correct and valid, and the burden of proving to the contrary rests with any person in any action or proceeding in respect thereto. Subd. 2. . Upon a showing of good cause, the City may grant an Operator one thirty (30) day extension of time within which to file a retum and make payment of taxes as required by this Ordinance, provided that interest during the period of extension must be added to the taxes due. at the rate of eight (8) percent per annum.' . 7. PENALTiES. SUbd.1..'lfany tax imposed by this Ordinance isnot paid within the time required for payment, or an extension, there must Ile added a penalty equal to ten (to) percent of the amount remaining unpaid. Subd. 2. If any person willfully fails to file any return or makes any payment required by this Ordinance, or willfully files a false or fraudulent return orwill fully attempts in any manner to evade or defeat the tax or payment thereof, therEl must also be imposed as a penalty an amount equal to fifty (50) per cent of any tax (less any amounts paid on the basis olthe false or frau.dulent return) found due for the period to which the return related. The penalty . imposed by this section must be collected as part of the tax and are in addition to any other penalties provided by this Ordinance. 8. Iubd. 3. All payments received will be credited first to penaIlies, next to inter eat and then to the tax due. $ubcL 4. The a~ .of tax not timely paid, logIfther with any penalty provid ed by this Section,wIll bear interest at the . rate of eight (8) percent per annum from the time the. tauhould have been paid until payment is medEl.' Any interest and penlllty will be added to the tax. Subd. 5. In the event that any tax remains unpaid for 30 days after it is due, in adQition to the right to institute legal action l<> collect .the amounts due, the City may certify the tax, together with any peoaJty, interest and CC)StS, to the County Auditor for. CQllection with. the real estate taxes. EXAMINE FtECORDS. Persons acting on behalf <If the City aIldauthorized in writing by the City may examine the books, papers and records of any Operator in order to verify the accuracy of any r$ttJm made or, . if no I"lIlum was made, to ascertain the tax as provided in this Ordinance. Every $ICh Operator must give to the City the means, facilities and opportunity for ell$m inations and investigations as are hereby authorized. . D1SPO$ITt()NOF PROCEEDS. 95% of the proceeds must be used to fllnd IlIOcal conventio!\ ~tourist bureau forthe purpose of marketing and pro ~ ~CIIy ~.fl1.convenliQn and. tourist. center and for that purpo~, the Clt1ls aQthorlzed to enter into an 89reement with the Greater Stillw~r ArM Convention and Visitor's Bureau. I VIOLATiONS. Any person who willfully fails to make a retulTl by this. Ordinance or whO fails to pay the. tax after written Qemand tor who fails to. remit the taxes collected or. any penally this Ordinllllce after written demand for payment, or the City's authoriZed agents to examine the books, . their control, orw!1o willfully makes any IncompllMe, Is gUilty of a misdemeanor. II. 10. pavment, or or interest imposed by who~ses: to permit records andplil/*S under ,.. or fraudtAlent return. 11. APPEALS. Subd. 1. ~ny Operator aggrieved by any notice, order or determination made by the City UIl(l$r this Ordinance, except for the criminal1>enalties,. may file . petition for revieW of such notice, order or determination. The petition shal contain the 118m. of petitioner,petitioner's address and the location of the lodging subject to the..notice,. order or determination. The. appeal must lie bearQ by the City Administrator. Appeal may be made to the City CouncillJr the aggi'ieved party filing a written notice of appeal with the City Clerk within tan (1 0) days after the p.dministrator'S determination is made to the appellant. EFFECTIVE DATE. . This ordinance will be in fOil force and effect from and after its date of publication andwill establish the tax set forth in thI$()f(llnance uPOI') gross lodging receipts generated beginning on January 1 st, 2008 ancl thereafter and, unless revived by action of the City Council, until December 31st, 2010, when the tax will sunset by operation of law. Adopted by the City Council of the City of Stillwater this 30th. Qay. of .October,2007. . CITY OF STILLWATER first 1? Ken Harycki, Its Mayor ArreST: ~ F. Ward, City Clerk 12ft