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HomeMy WebLinkAboutordinance.council.004-57~Series of 1957) AN C=:DI~':A~CE PFOV!DIYG FOR A FPX UPOV -r'(-'t - ~V'rAL [tE~r]t'~E OF nPEriATORS OF PCO~ !NC rOUSES; PROVID!UG FO~ TII~ C('LLECTIC~~ THERZCF A~D I~'POSI'~C pEUAL~IES PCi TUN VIC'LAT!OU TNETF, CF; A}~ rEP%ALI}~C OiU}IPlANCZS OR PARTS CF ORDINA?CES !N CO~FLICT THERE 71TH; AND DZCLAiIUG A~z ~P~EPG?~O' TC 2XIST~ ............. l ...... CI~f Ao ~., COL?~An(': SECTION 1o For th~:~' pm:pose of this Ordinance '7oominZ L'ouse ' sba!! include hotel, ~otal, lodsinS house or other pla~e o:~ places where roomers or !odzers are received and housed or l:ept '~:y '-he day er woeh flor compensation and ko tchicb the general public is receive4. For the porpose of this 6rdinance~ the ~,~oYd "person" sbalt mean and include natural persons, co-partnerships, corporatio~:s and associatiOnSo SECTICN 2~ ~,~ty o,_ A./e. sha]] ,~,~ 'co two per cent persou o Any pet'son operath~3 a rooro[nZ house ',~ithin tbs collect a tax from all roome.rs or customers amount- (2%) o:~ the total rental ravenna received ~ '~,5 s~:ch SECTION 3. Any pe~'son operating a roo~inS house sba!! pay to the Treasurer for the City of Aspen all funds collected by duri?.Z each calendar month not later than fifteen {15) days after the last day of said month and each pa}~ent sball ~e accompanied by a report of room rental income for said month. Any person fai~in~3 to make said 2a~ent and file said :-aport withia the period of time as herein provided shall pay a penalty of ter~ per cent (10%) o~ the amour,~ by him collected for each month or fraction thereof, tosether with interest at the rate of nne per cent ~!%) per month of said amour~t collected until said pa~ant and report sba!! be prooerly filed with ~e ~lty ~r~asurer. SECTIO~f 4. rental revenue sba!l include all revenues earned and received for rooms excluding charges for other services furnisRed by the operator of any roominS house and shall not include deposits placed by any customer with a request to hold a uoom for such custo- mer for a ~uture date until ~;ucb time as sa~d c]eposit ~as Veen azainst actual room rental ~arned by the cperatou. .... I,. 5. azainst total rental house: m~o ?o~o~n'~ dednc!:ions sba!!, be allowed re-/enu,~ ror~.~.~.d !-,y ;:be operator of a roon:i~S A. ~efunds of reqta! reve~ues actually rgturned ,to any roomer or customer. ?. Any adjustments in rental which amount to a refund to a roomer or a customer, providing such adjustment pertains to the actual rental rate charged hy the operator and does not include any adjustments for other services D~rnished by the operator. S~m~r~'? ~ The City ,SI~1.; is hereby authorized to promulgate re~lations to aiJ in collection of said rooming tax and ~.~: ~ the general Ianguase of this in particular and without 1 Sec~&on~ ~o " '~ ~ ¢ =' ,'%. A ;_o~_,, ~-¢3~r~ on Rental Income to be, s!m~!icd al! operators of roomin$ houses. ~ . t .1 oCL_~-, oparators are to ~'~ · Th3 records ,q:¢,! - ~' ,..¢¢p concel'nin~ said report. SZSZIEN 7. All re2orts of rental income and info~ation supplemental thereto shall be retained ]y the City Treasnrex and shall not he open to the ins2ection of the general public, however, any officer o? the City cf Aspen ,.,'ho may be charged with the d~Jty of enforcer~eqt of this ordinance shall be entitled to inspect said reports and any infol~ation supp!c~'ent,q! thereto as may from time to tir~e he req~ired to attend to the pro?er exemption mad enforce- ment of this ordinance. S~CT!CN S. Any police officer of the City of Aspen o:,7 any persnn designated by the ]Lty ZJ. erk to enforce this ordinance shall t-ave thc ristnt at any reasonable time ho enter upon th2 premises of any person operating a rooming ho,,se and to request to see the resister of guests apo rate sob=dn]e. ~ _ maintained .-v~ any rooming ho~sa for ;~he purpose of attending te the enforcer.-ent o~ this Crd!uance. ~-~r'~: 9. All. -- ~-'--.~ house operators shall_ 2est in a consoicuous place on the -~='¢¢~, =~.zo-s open to the pp?iic a ~otice to be 20i tOfh!l~ ~1,,~-~-~ to Ce!!ect a Udo per cent reon: ~C:Tr~TT''}'t 1©. It shaJl I,:~ un!_a,azful :fox' Ssa operator of roorsinS ]o.~ to rent roor}s ,~-r,-i c h colleotinS in addz~zo to the rental thereof the ~ax ,provided zo;. in .J~ .... on ~ this · t,z the tax n~-ov~dnd roora/pS hok!32 ~20 assume ~' absorb the pa}$:~ent in Section 2 o~ 'this ~d unla~.,.E~:_ :for th" operator or- any room~nZ house to ;;a._l or raxuse to pay to the City Treasurer the tax collected by him or to file reports required nf him under the te~s o~ this o~d{n .~ ~ . SECTIC.~'[ 13. Any person,, fit~ co:;poration o'? associatlo?, who, ~;ithe;: as principal, agent or employee, fails to comply with or who snail violate any of the provisions of this Ordinance or any regulations ia'~fuIly issued hereunder snail, upon conviction be ~ined in a sum of not less than Ten Dollars (~!O.qO) ~or more than qundrad poll.ars {$10q.O0) ~or each vio!ahion~ S~CTICN 14. Al! the remedies herein enumerated for violation o~ this ordinance snail be CWTU]_ative and the institution and prosecutio~ of any one or mor,~ of them sha~l not pre,,ent the enforcement of any other remedy. SECTI6'I 15. ~'a~h and e,,ery provisions of this ordinance is here!-y declared to h-e an independent provision and the ho!di~S of any provision hereo~ to he ,~eid or invalid shall not al{oct the validity of a~y other provision hereof and i',i is hereby declared that the other provisions o{ this ordinance would ha-e been ensc~ed resardless o~ any provision ~hicb miSht he be!d invalid. SECTIC}~ !_6. Each and every ordinance or part of a~ ordinance in conflict herewith is hereNy re?ca!ed. SECT!nh 17. It is here~:y declared that an eRer3ency 3xists and that this ordinance is necessary for the preservation of the public peace, bee!th and safet} of the inka:.g, tants o~'[ the City o{ ~spen. Introduce{] of July, A. }. 1_957. read and o':~r!r':~d ,' ~b!;shed or'this 9th day ~ AYOY Finally passed, , A. D. 1957. ado2~o aha approved on ~h_o . a-,~ MAY 0 ? ATTZST. STATE OF COLOi~ADO ) ) SSs COI~TY OF PITKIN ) I, Ethel ~,.~. Frost, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above foregoing Ordinance, was introduced, read in full and passed f~rst/rea~0_.~ at the re - ular meeting of the C~ty Council held ~~ , 10~ ~. and published ~n The Aspen T~mes~ a week~ Hz~aper of ge~er~ circ~atio~ p~ished at th~ C~ty of Aspe~ i~ its issue of ' ~ .. ~ lo ~ and was f~nally adopted ~d ~g~'~'~ , 19 ~ ~, and was ~rdered published as Ordnance ~J~-~of 19 ~) of said City, as provided by law. ~ ~ ~ I~ ~fITNESS ?/HEP, EOF, I have hereunto set hand and the self,of the City pf Aspen, C?~lg~ado, th~ s day of ( S E A L ) ' ' ' Cit~