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Home My WebLink About1033_Part 7, Ch 6, Section 7-601 7-603 Amendment to Hotel TaxTulsa County Clerk - PAT KEY Doc # 2014048782 Page(s): 2 8 Recot,'ed 36/10/2014 at 04:16 PM oi:• r° Receipt # 474193 Fee $16.00 ktapoM CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1033 AN ORDINANCE AMENDING PART 7, FINANCE AND TAXATION, CHAPTER 6, HOTEL TAX, SECTION 7 -601, DEFINITIONS, SUBSECTION 5, PERMANENT RESIDENT, AND SECTION 7 -603, EXEMPTIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, TO REDUCE THE DAYS OF REQUIRED CONTINUOUS OCCUPANCY FROM 90 TO 30 AND TO RESTRICT THE HOTEL TAX EXEMPTION FOR EMPLOYEES OF THE UNITED STATES, STATE OF OKLAHOMA AND OTHER POLITICAL SUBDIVISIONS TO EMPLOYEES WHO ARE CONDUCTING OFFICIAL BUSINESS. THIS ORDINANCE AMENDS PART 7 OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTIONS 7 -601 AND 7 -603 TO BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO- WIT: SECTION ONE: Part Seven, Finance and Taxation, Chapter Six, Hotel Tax, Section 7 -601, Definitions, Subsection Five, Permanent Resident, and Section 7- 603, Exemptions, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: SECTION 7 -601 DEFINITIONS As used in this ordinance: 5. "Permanent Resident" shall mean any occupant who has or shall have the right of occupancy of any room or rooms in a hotel for at least thirty (30) consecutive days during the current calendar year. SECTION 7 -603 EXEMPTIONS The following shall be exempt from the tax levied in this ordinance: 1. Permanent residents; 2. Agents, employees and /or officials of the United States Government or any agency or division thereof conducting official business; 3. Agents, employees and /or officials of the State of Oklahoma or any political subdivision conducting official business. 1 SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 7, Chapter 6, Section 7 -601, Subsection 5 and Section 7 -603. PASSED by the City Council of the City of Owasso, Oklahoma on the 3rd day of June, 2014. � 9S OFFICi9L a ATTEST: Sherry BisWp, City Cl (SEAL) ( 1L71, i APPROVED as to form and legality this 3rd day of June, 2014. JUI' Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 1033 PUBLICATION DATE(S) 07/03/14 CASE NUMBER: ORD NO. 1033 AD NO: 00183719 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) /.mot �, Representative Si ature Subscribed to and sworn to me this 4th day of July, 2014. Notary Public � / ad eL 4 f n l� Nancy Carol Moore My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 116.20 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12. 8.2014 a . O% 0 PD y 193719 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, Jury 3, 2014. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1033 AN ORDINANCE AMENDING PART 7, FINANCE ANOTAXATION, CHAPTER 6, HOTEL TAX, SECTION 7-601, DEFINITIONS, SUB- SECTION 5, PERMANENT RESIDENT, AND SECTION 7 -603, EXEMPTIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, TO REDUCE THE DAYS OF REQUIRED CONTINUOUS OCCUPANCY FROM 90 TO 30 AND TO RESTRICT THE HOTEL TAX EXEMPTION FOR EMPLOYEES OF THE UNITED STATES, STATE OF OKLAHOMA AND OTHER POLITICAL SUBDIVISIONS TO EMPLOYEES WHO ARE CON- DUCTING OFFICIAL BUSINESS. THIS ORDINANCE AMENDS PART 7 OFTHE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTIONS 7 -601 AND 7 -603 TO BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLANOM A, T HAT, TO- W IT: SECTIONONE: Part Seven, Finance and Taxation, Chapter Six, Hotel Tax, Section 7 -601, Definitions, Subsection Five, Permanent Resident, and Section 7 -603, Exemptions, of the Code of Ordinances of the Clty of Owasso, Oklahoma, shall be amended as follows: SECTION 7 -601 DEFINITIONS As used in this ordinance: S. 'Permanent Resident' shall mean any occupant who has or shall have the right of Occupancy of any room or morns in a hotel for at least thirty (30) consecutive days during the current calendar year. SECTION 7 -603 EXEMPTIONS The following shall be exempt from the tax levied In this ordinance: 1. Permanent residents; 2. Agents, employees and/or officals M the United States Government or any agency or division thereof conducting official business; 3. Agents, employees andor officials of the State of Oklahoma or any political subdivision conducting official business. SECTION TWO (2): REPEALER All ordinances or pads of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILRY If any pan or pans of this ordinance are deemed unconsiXullonal, Invalid or ineffective, the remaining portion shall net be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The C'ay of Owasso Code of Ordinances is hereby amended as shown above and codified In Part 7, Chapter 6, Section 7 -601, Subsection 5 and Section 7 -603. PASSED by the City Council of the City of Owasso, Oklahoma On the 3rd day of June, 2014. /s/ Jeri Moberly, Mayor /s/ Sherry Bishop, City Clerk /a/ Julie Lombardi, City Attorney *9,oQ nTify Wit out Limits. - %0- TO: The Honorable Mayor and City Council City of Owasso «rx FROM: Chelsea M.E. Levo SUBJECT: Ordinance No. 1033 Proposed Amendment to Hotel Tax Ordinance DATE: May 30, 2014 BACKGROUND: In 2002, Owasso voters approved a 3% hotel tax with the funds to be "set aside and used exclusively to encourage, promote and foster economic development and cultural enhancement, tourism and pursue regional promotion for the City of Owasso ...." In August 2008, Owasso citizens voted to increase the hotel tax rate to 5 %. Just prior to that election, the City Council approved Resolution 2008 -05 designating the hotel tax increase (if approved) to fund the Strong Neighborhood Initiative. ORDINANCE LANGUAGE CHANGE: Recently, one of Owasso's extended -stay hotels approached the city with an issue regarding a definition in Ordinance No. 699. The issue questioned the length of time an occupant is in a room defining the occupant as a "Permanent Resident" and thereby exempt from the hotel tax. The hotel officials explained to City staff that they were losing clients due to the length of time defined in our ordinance. The City of Owasso ordinance defines a "Permanent Resident" as follows: Permanent Resident shall mean any occupant who has or shall have the right of occupancy of any room or rooms in a hotel for at least ninety (90) consecutive days during the current calendar year. The industry standard in Hotel Tax Ordinance language pertaining to a "Permanent Resident" defines the occupancy in a hotel for at least thirty (30) consecutive days during the current calendar year. The language in the City of Owasso ordinance is different than all compared Hotel Tax Ordinances in the Tulsa region, including Bixby, Broken Arrow, Jenks, Tulsa and Oklahoma City. Some companies seeking extended -stay hotels in the area for their employees /clients receive a city tax rebate after occupying rooms) for thirty (30) days. A few companies have informed the concerned Owasso hotel they are not staying in Owasso's extended -stay hotels because of the 90 -day restriction. While these companies would receive a hotel tax rebate for their occupancy, they will presumably add revenue to the sales tax base. OEDA MEETING: May 8, 2014, the Owasso Economic Development Authority (OEDA) discussed the request to amend the Ordinance and voted unanimously to recommend changing the definition of a "Permanent Resident" from ninety (90) days to thirty (30) days. The OEDA also recommended restricting the tax exemption to government employees "conducting official business." Ordinance 1033 amends the definition of a permanent resident (exempt from the tax)to be an occupant in the hotel for at least 30 consecutive day. This ordinance also adds language to restrict the exemption for government employees to those government employees conducting official business. RECOMMENDATION: Staff recommends approval of Ordinance 1033 amending the Hotel Tax ordinance. ATTACHMENT: A. Proposed Ordinance 1033