Loading...
HomeMy WebLinkAboutORD 1987-022 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 87-22 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 21, ARTICLE II OF THE GRAPEVINE CITY CODE RELATING TO HOTEL OCCUPANCY TAX BY AMENDING SECTION 21-20 RELATING TO DEFINITIONS; AMENDING SECTION 21-21 RELATING TO THE LEVY OF THE TAX; AMENDING SECTION 21-27 RELATING TO PENALTIES; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING A � SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . Section 21-20 of the Grapevine City Code is hereby amended by amending the following definitions, which shall hereinafter read as follows: "Consideration: The cost of the room in a hotel only if the room is one ordinarily used for sleeping and shall not include the cost of any food served or personal services rendered to the occupant of such room not related to cleaning and readying of such room for occupancy. The fact that the consideration is paid by someone other than the occupant of the room shall not affect the levying of the tax pursuant to Section 21-21 . � "Occupant: Any person, who, for a consideration, uses, possesses, or has a right to use or possesses any room in a hotel if the room is one ordinarily used for sleeping. " Section 2 . Section 21-20 of the Grapevine City Code is hereby amended by the addition of the word "person" which shall read as follows : "Person: any and all individuals who use, possess or have the right to use or possess any room in a hotel , irrespective as to whether such right is personal or derived from a firm, partnership, corporation, or association. The term shall not include firms, partnerships, corporations, associations, trusts, joint ventures, or any other such legal entity. " Section 3 . Section 21-21 of the Grapevine City Code is hereby amended to read as follows : "There is hereby levied a tax upon the cost �* of occupancy of any room space or facility furnished by any hotel where such cost of occupancy is at the rate of two dollars ,�„ ($2. QO) or more per day, a tax equal to six (6) percent of the consideration paid by, for or on behalf of the nonpermanent resident of the room, space or facility of such hotel , exclusive of other occupancy taxes imposed by other governmental agencies . " Section 4 . Section 21-27 of the Grapevine City Code shall be amended to read as follows: "All parties who fail to collect the tax imposed herein, or shall fail to file a report as required herein, or shall fail to pay to the City Manager the tax as imposed herein when said report or payment is due, or shall file a false report, then such party shall be deemed guilty of a misdemeanor and upon conviction to be "�` punished as, provided in Section 1-6. In addition, such party who fails to remit the tax imposed by this ordinance within the � time required shall forfeit five (5) percent of the amount due as a penalty, and after the first thirty (30) days shall forfeit an additional five (5) percent of such tax; provided, however, the penalty shall never be less than one dollar ($1 . 00) . Delinquent taxes shall bear interest at the rate of six (6) percent per annum beginning sixty (60) days from the date due. " Section 5. This ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of any other ordinance of the City, unless otherwise noted herein, except in those instances in which the provisions of those ordinances are in direct conflict with the provisions of this ordinance in which case the provisions of this ordinance shall be controlling. Section 6 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstance is held invalid or �, unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares it would �� have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect . - Section 7 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the 5th day of Ma,� • 1987 . �i��-- Mayor, City of Grapevine, Texas � � -'� oazax -2- ATTEST: Cit S cretary, C of Grapevine, Texas �`� [SEAL] APPROVED AS TO FORM: City Attorney, City Grapevine, Texas �� � � � 0 2 2 4 X -3-