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Ordinance No. 17-18 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE ADDING CHAP fER 3.85 TO THE TIGARD MUNICIPAL CODE TO ESTABLISH A 2.5 PERCENT TAX ON TRANSIENT LODGING IN THE CITY OF TIGARD WHEREAS, ORS 320.350 allows local governments to establish transient lodging taxes and provides for the use of revenues; and WHEREAS, the Tigard City Council wishes to amend the Municipal Code to adopt a new Chapter 3.85 to impose a transient lodging tax of 2.5 percent in the City; and WHEREAS, the Tigard City Council wishes to dedicate the revenues from the transient lodging tax to uses allowed under state law. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code is amended to add a new Chapter 3.85,Local Transient Lodging Tax,as provided in Exhibit A. SECTION 2: The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection,paragraph, or clause shall not affect the validity of the remaining sections, subsections,paragraphs and clauses. SECTION 3: This ordinance shall be effective September 1,2017. PASSED: By /In eit-)' 1 dada— vote all coucil members resent after being read by number and title only,this g_fday of _A-L9if 41.,Qz _,2017. Carol A. Krager,City Recorde ` APPROVED: By Tigard City Council this g day of / ,2017. 1k., ,i)A' John L. •ook,Mayor Approved as to form: City A rn Date � 1 C-1-- Ordinance No. 17 - /8' Exhibit A TIGARD MUNICIPAL CODE Chapter 3.85 LOCAL TRANSIENT of the Finance Department or their designee. LODGING TAX 5. "Lodging" means "Transient Sections: Lodging" as defined by ORS 320.300, except that "Lodging" shall not include dwelling units at 3.85.010 Purpose nonprofit facilities, dormitory rooms used for 3.85.020 Definitions educational purposes, camping sites, and 3.85.030 Tax Imposed recreational vehicle sites. 3.85.040 Collection 3.85.050 Provider's Duties 6. "Occupancy" means the use or 3.85.060 Exemptions possession, or the right to use or possession, for 3.85.070 Registry lodging purposes, of any space, or portion thereof, 3.85.080 Returns in Lodging. 3.85.090 Penalties and Interest; Lien 3.85.100 Deficiencies 7. "Occupant" means a person who uses 3.85.110 Redetermination or possesses, or who has the right to use or possess 3.85.120 Security any space,or portion thereof, in a Lodging. 3.85.130 Refunds 3.85.140 Expenditure of Funds 8. "Rent" means the consideration 3.85.150 Collection Fee charged, whether or not received by the Transient 3.85.160 Administration Lodging Provider, for the occupancy of space in 3.85.170 Notice Lodging, whether or not valued in money, without 3.85.180 Appeals any deduction. 3.85.190 Violations and Penalty 3.85.200 Intergovernmental Agreement 9. "Tax" or "Taxes" means either the Tax payable by the Occupant or the aggregate 3.85.010 Purpose amount of Taxes due from a Provider during the period for which the Provider is required to report The purpose of this chapter is to impose a collections. tax upon the Transient Lodging by any Occupant in the City of Tigard. 10. "Transient Lodging Provider" or "Provider" means the person who is the proprietor 3.85.020 Definitions of a Lodging in any capacity. Where management functions are performed through an intermediary As used in this ordinance, unless the context other than an employee, the intermediary who requires otherwise: shall have the same duties and liabilities as the proprietor shall be the Provider. Compliance with 1. "City" means the City of Tigard, the provisions of this Chapter by either the Oregon. proprietor or the intermediary shall be considered 2. "City Council" means the City to be compliance by both. Council of the City of Tigard, Oregon. 3.85.030 Tax Imposed 3. "Finance Department" means the For the privilege of Occupancy in any Finance Department of the City. Lodging, each Occupant shall pay a Tax in the 4. "Finance Director"means the Director amount of two and a half percent (2.5%) of the 3-85-1 TIGARD MUNICIPAL CODE Rent charged by the Transient Lodging Provider. be assumed or absorbed by the Provider, or that it The Tax constitutes a debt owed by the Occupant will not be added to the Rent, or that, when added, to the City,which is extinguished only by payment any part will be refunded. to the Transient Lodging Provider at the time the Rent is paid. The Transient Lodging Provider 3.85.060 Exemptions shall enter the Tax on the Provider's records when the Rent is collected. If the Rent is paid in No Tax imposed by this Chapter shall be installments, a proportionate share of the Tax shall imposed upon dwelling units described in ORS be paid by the Occupant to the Provider with each 320.308. installment. If for any reason the Tax due is not paid to the Provider, the Finance Director may 3.85.070 Registry require that the Tax be paid directly to the City. The tax must be computed on the total retail price, 1. Every person engaging or about to including all charges other than taxes, paid by a engage in business as a Transient Lodging person for occupancy of the Transient Lodging. Provider in this City shall register with the City on a form provided by the Finance Department. 3.85.040 Collection Providers starting business must register within 30 calendar days after commencing business. The 1. Except when Occupants or Lodgings privilege of registration after the date of are exempt under this Chapter, every Transient imposition of the Tax shall not relieve any person Lodging Provider renting Occupancy in a Lodging from the obligation of payment or collection of in the City shall collect a Tax from the Occupant. Tax regardless of registration. Registration forms The Tax collected or accrued by the Provider shall require the name under which a Provider constitutes a debt owing by the Provider to the transacts or intends to transact business, the City. location of the place of business, and other similar additional information required by the Finance 2. In cases of credit or deferred payment Department to facilitate the collection of the Tax. of rent, the payment of the Tax to the Provider The registration shall be signed or electronically may be deferred until the Rent is paid, and the submitted by the Provider. Provider shall not be liable for the Tax until the credit is paid or the deferred payment is made. 2. The Finance Department shall, within fifteen business days after registration, issue 3. The Finance Director shall enforce without charge a certificate of authority to each this Chapter and the City may adopt policies, Provider to collect the Tax from the Occupant, rules, and regulations consistent with this Chapter together with a duplicate thereof for each as necessary to aid in the enforcement. additional place of business of each Provider. Certificates shall be non-assignable and 3.85.050 Provider's Duties nontransferable and shall be surrendered immediately to the Finance Department upon the Each Transient Lodging Provider shall cessation of business at the location named, or collect the Tax imposed by this Chapter on an upon the business sale or transfer. Each certificate Occupant. The amount of the Tax shall be and duplicate shall state the place of business to separately stated upon the Provider's records and which it is applicable and shall be prominently on any receipt for the Rent rendered by the displayed. Provider to the Occupant. No Provider shall advertise that the Tax or any part of the Tax will 3. The certificate shall state, at 3-85 2 TIGARD MUNICIPAL CODE minimum,the following: a. The total rentals upon which the Tax is collected or otherwise due, a. The name of the Provider, b. Gross receipts of the Provider b. The address of the Lodging, for the period, c. The date upon which the c. The amount of Rents exempt, if certificate was issued, and any, and d. This statement: "This Transient d. An explanation in detail of any Lodging Registration Certificate signifies that the discrepancies. person named has fulfilled the requirements of the Transient Lodgings Tax Chapter of the Tigard 3. The Provider or his/her designee shall Municipal Code for the purpose of collecting and deliver the monthly Tax payment and return to the remitting the Lodgings Tax. This certificate does Finance Department at its office either by personal not authorize any person to conduct any unlawful delivery, via a website portal, or by United States business or to conduct any lawful business in an Mail. If the return and Taxes are mailed, the unlawful manner, or to operate a Lodging without postmark shall be considered the date of delivery strictly complying with all local applicable laws, for determining delinquency. including but not limited to those requiring a permit from any board, commission, department or 4. At any time before the due date, the office of the City. This certificate does not Finance Director may, for good cause, extend the constitute a permit." due date for making any return and/or payment of Tax for up to thirty days after the date the Tax 3.85.080 Returns would have become due but for the extension. Further extensions must be approved by the City 1. The Tax imposed by this Chapter shall Manager. A Provider who is granted an extension be paid by the Occupant to the Transient Lodging shall pay a fee of three percent (3%) per month of Provider when the Occupant pays Rent to the the unpaid tax without proration for a fraction of a Provider. All Transient Lodging Taxes collected month. by a Provider are due and payable to the Finance Department, on a monthly basis, on or before the 5. If the Finance Director deems it tenth day of the month for the preceding month. necessary, in order to ensure payment or to facilitate collection by the City of the amount of 2. Providers shall file, with the monthly Taxes in any individual case, the Finance Director Tax payment, or, if there is no Tax payment due may require that payment of the Taxes be made in for a given month, at the time the Tax payment other than monthly periods. would have been due, a return for that month's Tax collections. The return shall be filed with the 3.85.090 Penalties and Interest; Lien Finance Department and shall be on a form prescribed by the Finance Department. The return 1. A penalty will be imposed on a shall reflect the amount of Tax collected or Provider who mails, hand delivers, or submits otherwise due for the period for which the return is online the return and the Tax payment after the filed. At the discretion of the Finance Director, it due date. The penalty is ten percent (10%) of the may also reflect: unpaid tax. If the Provider files and/or pays more than thirty days after the due date, an additional 3-85-3 TIGARD MUNICIPAL CODE fifteen percent (15%) penalty of the unpaid tax the Finance Director may offset overpayments, if will be added to the balance of the unpaid tax. In any, which may have been previously made for a addition to the penalties imposed, any Provider period or periods against any deficiency for a who fails to remit any tax imposed by this subsequent period or periods, or against penalties chapter shall pay interest at the rate of one and interest on the deficiency. percent (1%) per month or fraction thereof without proration for portions of a month, on the 3. Once a deficiency determination is amount of the tax due, exclusive of penalties, made, the Finance Director shall serve a written from the date on which the remittance first deficiency notice on the Provider (or Occupant, in becomes delinquent until paid. the case of a request for a refund). The notice may be given personally or sent by United States mail. 2. If the Finance Director determines that If sent by mail, the notice shall be addressed to the the nonpayment of any remittance due under this Provider at his/her address as it appears on the Chapter is due to fraud or intent to evade the records of the City or as the City can best provisions of this Chapter, a penalty of twenty-five determine. percent (25%) of the amount of the Tax shall be added, in addition to the penalties and interest 4. Any deficiency is due and payable above. thirty (30) days after the Finance Director serves the written deficiency notice. If not paid by the 3. Every penalty imposed and such thirtieth day after service of a deficiency notice, interest as accrues under the provisions of this the amount shall be delinquent and penalties and Section 3.85.090 shall be merged with and become interest shall be applied as established in this a part of the tax herein required to be paid. Chapter. 4. Any tax collected by the Provider but 5. The Provider(or Occupant, in the case not remitted to the Finance Director in the time of a request for a refund) may petition for a required under this chapter shall constitute a lien redetermination provided that the petition is filed on the Lodging. The Finance Director, or within fifteen (15) days of service of the designee, may record a lien in the county lien deficiency notice. Nothing prohibits the Finance record against the Lodging and any real property Director from extending the time for petition owned by the Provider or intermediary as to any beyond fifteen(15)days at his/her discretion. delinquent remittances by the Provider or intermediary. 6. Except as provided in this Chapter, every deficiency determination shall be made and 3.85.100 Deficiencies notice mailed within three (3) years after a return was originally filed or subsequently amended, 1. If the Finance Director determines that whichever period expires later. In the case of the a return is incorrect, the Finance Director may filing of a false or fraudulent return with the intent compute and determine or estimate the amount to evade this Chapter, a failure to file a required required to be paid based on the facts contained in return, or a willful refusal to collect and remit the the return or returns or any other information Tax, a deficiency determination may be made, or a within the Finance Director's possession. One or proceeding for the collection of the deficiency more deficiency determinations may be made on may be commenced at any time. the amounts due for one or more periods. 7. If the Finance Director believes that 2. In making a deficiency determination, the collection of any Tax required to be collected 3-85-4 TIGARD MUNICIPAL CODE and paid to the City will be jeopardized by delay, with the payment provision of this Chapter and has or if any determination will be jeopardized by paid in full the amount determined to be due under delay, the Finance Director may make a the decision appealed from. determination of the Tax or amount of Tax required to be collected. The Finance Director 3.85.120 Security will serve a written deficiency notice and demand for immediate payment on the Provider. The The Finance Director, whenever the Finance amount shall be immediately due and payable, and Director deems it necessary to ensure compliance the Provider shall immediately pay such with this Chapter, may require any Provider determination to the City after service of the subject to this Chapter to deposit with the Finance notice, provided, however, the Provider may Director security in the form of cash, bond, or petition, after payment has been made, for a other assets, as the Finance Director determines. redetermination of the Finance Director's The amount of the security shall be fixed by the assessment, provided that the petition is filed Finance Director but shall not be greater than five within fifteen (15) days of service of the times the Provider's estimated average monthly deficiency notice. tax liability for the period for which the Provider files returns, determined in such manner as the 3.85.110 Redetermination Finance Director deems proper, or five thousand dollars, whichever amount is greater. The 1. If a petition for redetermination, amount of security may be increased or decreased redemption, and refund is filed within the requisite by the Finance Director within the limitation of time period, the Finance Director shall reconsider this Section. the determination, and, if the person has so requested in his/her petition, shall grant the person 3.85.130 Refunds an oral hearing and shall give him/her fifteen (15) days' notice of the time and place of the hearing. 1. Whenever the amount of any Tax The Finance Director may continue the hearing imposed under this Chapter has been paid more from time to time as necessary. than once or has been erroneously or illegally collected or received by the Finance Department, 2. The Finance Director may decrease or it may be refunded, provided a verified claim in increase the amount of the determination as a writing, stating the specific reason upon which the result of the reconsideration, the hearing, or both, claim is founded, is filed with the Finance Director and, if an increase is determined, such increase within two (2) years from the date of payment. shall be payable immediately after the The claim shall be made on forms provided by the reconsideration or the hearing, as appropriate. Finance Department. If the claim is approved, the excess amount collected or paid may be refunded 3. The decision of the Finance Director to the Provider from whom it was collected or by upon a petition for redetermination, redemption, whom it was paid, or the Provider's and refund becomes final fifteen (15) days after administrators, executors, or assignees. service of the notice of decision upon the Alternatively, at the discretion of the Finance petitioner. Director, the refund may be credited toward any amounts then due and payable from the Provider 4. No petition for redetermination, from whom it was collected or by whom it was redemption, or refund or other appeal shall be paid, and the balance, if any, may be refunded to accepted and no petition is effective for any the Provider or the Provider's administrators, purpose unless the Provider has first complied executors, or assignees. 3-85-5 TIGARD MUNICIPAL CODE 2. Whenever the Tax required by this 3. A formal audit of all of the Providers' Chapter has been collected by the Provider and it records may be conducted at the discretion of the is later determined that the Occupant has occupied Finance Director. If, under this formal audit, it is the occupancy for a period exceeding thirty (30) determined that any Provider has underpaid the days without interruption, the Provider shall Taxes due by 3% or more, the Provider shall pay refund to the Occupant the Tax previously his/her prorated portion of the total audit fee. collected by the Provider from the Occupant. If Should the Finance Director, in his/her sole the Provider has remitted the Tax prior to refund discretion, conduct or cause to be conducted or credit to the Occupant, the Provider shall be individual audits in addition to the audit entitled to a corresponding refund under this anticipated above, and should that individual audit Section. The Provider shall account for all determine that the audited Provider has underpaid collections and refunds under this subsection to the Taxes due by 3% or more, the Provider shall the Finance Department. pay the total individual audit fee. 3.85.140 Expenditure of Funds 4. Except as otherwise required by law, it shall be unlawful for any officer, employee, or All money collected pursuant to this Chapter agent of the City to divulge, release, or make shall be the general funds of the City and known in any manner any financial information may be used in any lawful manner, as submitted or disclosed to the City under the terms prescribed by state law. of this Chapter. Nothing in this Section shall be construed to prohibit: 3.85.150 Collection Fee a. The disclosure to, or the Every Provider liable for collection and examination of, financial records by City officers, remittance of the Tax imposed by this Chapter employees, or agents for the purpose of may withhold five percent(5%) of the net Tax due administering or enforcing the terms of this to cover expenses in its collection and remittance. Chapter, or collecting Taxes imposed under the terms of this Chapter; 3.85.160 Administration b. The disclosure to the taxpayer 1. Every Provider shall keep records of or his/her authorized representative of financial rentals and accounting books that are sufficient to information, including amounts of Transient demonstrate compliance with the provisions of this Lodging Taxes,penalties, or interest, after filing of Chapter. These records shall be retained for three a written request by the taxpayer or his/her (3)years and six(6)months after they are created. authorized representative and approval of the request by the Finance Director; 2. The Finance Director may examine, during normal business hours, the books, papers, c. The disclosure of the names and and accounting records relating to rentals of any addresses of any person to whom this Chapter Provider liable for the Tax, after notification to the applies; Provider, and may investigate the business of the Provider in order to verify the accuracy of any d. The disclosure of general return made, or if no return is made by the statistics in a form which would prevent the Provider, to ascertain and determine the amount identification of financial information regarding required to be paid. any particular taxpayer's return or application; or 3-85-6 TIGARD MUNICIPAL CODE e. The disclosure of financial 2. At any time within three (3) years information to the City Attorney or other legal after any Tax required to be collected becomes due representative of the City to the extent the Finance and payable, at any time within three years after Director deems disclosure or access necessary for any determination by the Finance Director or City the performance of the duties of advising or Manager under this Chapter becomes final, or at representing the Finance Director, the Finance any time within three (3) years after any person Department, or the City. who is required to do so fails to furnish true and non-fraudulent information within the time periods 3.85.170 Notice prescribed by this Chapter, the City may commence and prosecute to final determination in In case of service by mail of any notice any court of competent jurisdiction an action to required by this Chapter, the service is complete collect the same. three days after deposit with the United States Post Office. 3. A person who violates a provision of this chapter commits a Class 1 civil infraction. 3.85.180 Appeals Each transient lodging transaction for which tax, penalty or interest otherwise due is not paid Any person aggrieved by any decision of the shall be deemed a separate civil infraction. Each Finance Director may appeal to the City Manager day a person fails to register as a transient lodging (or his or her designee)by filing a notice of appeal tax collector shall be deemed a separate civil with the Finance Director within fifteen (15) days infraction. of the serving of the notice of the Finance Director's decision. The Finance Director shall 3.85.200 Intergovernmental Agreement transmit the notice, together with the file of the appealed matter, to the City Manager, who shall The City Council may enter into an IGA fix a time and place for hearing the appeal. The with Washington County whereby the County is City Manager shall give the appellant not less than responsible for the administration, collection, fifteen (15) days' written notice of the time and distribution, or enforcement of the tax authorized place for hearing the appeal. The City Manager under this chapter, either in full or in part. The may continue the hearing from time to time as terms of that agreement shall apply in lieu of and necessary. shall supersede conflicting provisions of this chapter but shall not be construed as repealing any 3.85.190 Violations and Penalty provision of this chapter. 1. No Provider or other person required to do so may fail or refuse to, in the time periods prescribed by this Chapter, furnish any return required to be made under this Chapter or furnish a supplemental return or other data required by the Finance Director, or make the remittance to the Finance Director of the amount of the Taxes, penalties, or interest due. No person may render a false or fraudulent return under this Chapter. No person required to make, render, sign, or verify any report regarding the Tax may make any false or fraudulent report. 3-85-7