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1972-20 I AN ORDINANCE RELATING TO THE LEVY AND COLLECTION Of A HOTEL OCCUPANCY TAx; PROVIDING FOR THE DEFINITION OF CERTAIN TERMS; ESTABLISHING THE RATE OF THE TAX AND EXCEPTIONS TO ITS IMPOSITION; PROVIDING FOR THE COLLECTION OF SUCH TAX; REQUIRING THE FILING OF REPORTS OF COLLECTIONS; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY RULES AND REGULATIONS RELATIVE TO THE COLLECTION OF SUCH TAX AND AFFORDING HIM ACCESS TO BOOKS AND RECORDS; DECLARING FOR WHAT THE PRO- CEEDS OF SUCH TAX SHALL BE USED; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; ESTABLISHING AN EfFECTIVE DATE; AND SETTING FORTH OF A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS; SECTION 1: Definitions. The following words, terms and phrases are for the purposes of this article except where the context clearly indicates a different me~riing~ defined asfollow~: I (a) "Hotel" shall mean any building or buildings, trailer, ra i I road Pu II man car not be i 119 ut i Ii zed for the transportat i on of travelers, or other facility in which the publ ic may, for a con- sideration, obtain sleeping accomod~tions. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, trailer houses, trailer motels, railroad Pul Imancars parked on a siding or other area and used for sleeping accomodations not involving the transportation of travelers, dormitory space where bed space is rented to individuals, or groups, apartments not occup i ed by' "permanent res i dents," as that term is hereinafter defined, and all other facilities whet'e rooms or sleeping facilities"or space are furnished for a consid- eration, but "hotel" shal I not be defined so as to include hospitals, sanitariums or nursing homes. (b) "Consideration" shal I mean the cost of the room, sleeping space, bed or dormitory space or other facility in such hotel and shall not include the cost of any food served or personal services rendered to the occupant not re I ated to clean i ng and ready,i ng such room or space for occupancy, and shall not include any tax assessed for occupancy thereof by any, other governmenta I agency. (c) right to faci I ity "Occupancy" shall mean the use or possession, or the the use or possession of any room, space or sleeping in a hotei for any purpose. (d) "Occupant" shal I mean anyone, wh6, for a consideration, uses, possesses, or has a I' i ght to use or possess any' room or rooms of sleeping space or facility in a hotel under any lease, conc6ssion, permit, right of access, license, contract or agreement. I (e) "Person" shal I mean any individual, company, corporation, or association owning, operating, managing or control I ing any hotel. (f) "Calendar quarter" shal I mean a period of three (3) con- secutive months of any year. (g) "Permanent resident" shall mean any occupant who.has or sh~jl have the right to occupancy of any room or rooms or ~Ieeping space or facility in a hotel for at least thi~ty (30) consecutive days during the current calendar year or preceding year.