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HomeMy WebLinkAboutordinance.council.045-00 ORDINANCE NO, 45 Series of 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPOSE A NEW 1.0% VISITOR BENEFIT TAX; TO ESTABLISH A TOURISM PROMOTION FUND FOR DEPOSIT OF SAID TAX RECEIPTS; TO PROVIDE FOR THE RESTRICTED EXPENDITURE OF SAID TAX RECEIPTS; AND TO ESTABLISH PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the City of Aspen is a world renowned tourist destination; and WHEREAS, the continuation of a healthy tourism industry is essential for the economic well-being of the City of ASpen and the general welfare of its citizens and such an industry requires a continuing investment in the planning, promotion, and development of the City of Aspen as a world renowned travel destination; and WHEREAS, the City Council has determined that it should be the policy of the City to guide a sustainable and coordinated tourism industry in the City of Aspen; and WHEREAS, the City Council has determined that such an effort should be financed, in part, by the imposition of a Visitor Benefit tax upon the leasing or renting Of rooms or other accommodations in commercial lodging accommodations by short term visitors and guests; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City of Aspen for the City to participate fully in the organization and operation of a Regional Transportation Authority and to contribute financially to that effort; and WHEREAS, the City Council has determined that tourists and guests of the City of Aspen should be required to help defray the costs of transportation services offered within the City of Aspen; and WHEREAS, the ballot language as approved by the voters of the City of Aspen at the November 7, 2000, election specifies that marketing funds shall be managed by a professional marketing entity such as the ACRA; and WHEREAS, an additional revenue source for the City of Aspen would (a) permit the City to fully participate financially in the newly created Roaring Fork Transportation Authority; (b) ensure that current local transportation services are maintained at their current levels; and, (c) provide requisite financial resources for additional and improved transportation services within the City of Aspen; and WHEREAS, the City Council Ires determined that 50% of all revenues generated by the Visitor Benefit tax shall be used to enable the City to meet its financial obligations to the Roaring Fork Regional Transportation Authority or other similar transportation services provider, and 50% of all revenues generated shall be used for market'mg and promotional efforts for the City's tourism industry; and WHEREAS, Article X, Section 20, of the Colorado Constitution, and Section 12.1 of the Aspen Home Rule Charter, require the City Council to obtain voter approval in advance of the imposition of any new taxes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Title 23 of the City of Aspen Municipal Code be amended to add a new Chapter 23.50 to read as follows: Chapter 23.50 Visitor Benefit Tax 23.50.010 Legislative Intent. The City Council declares that the enacm~ent of a 1.0% Visitor Benefit Tax and the expenditure of the receipts of such a tax for the promotion of tourism and transportation services within the Roaring Fork Valley will serve a public purpose, will promote the health, safety, prosperity, security, and general welfare of the inhabitants and visitors of the City of Aspen. It is the intent of the City Council to impose a tax upon the leasing or renting of rooms or other accommodations in commercial lodging accommodations by transient persons. The person to whom the accommodations are rented shall pay the tax and the person from whom the accommodations are rented shall be required to collect the tax. 23.50.020 Del'tuitions. As used in this chapter, unless the context requires otherwise, the following words and phrases shall have the following meanings: (A) "Accommodation" means the providing of a room, space, lodging service, or other accommodations at a taxable premise to any person who, for consideration, uses or possesses such room, space, lodging service Or other accommodation for a total. continuous duration of less than thirty (30) consecutive calendar days. 03) "Fund" means the Tourism Promotion Fund defined in Section 23.50.050, of this Municipal Code. (C) "Purchaser" means any natural person, or legal entity acting through a natural person, to Who accommodations are provided. (D) "Rent" means the consideration received, or compensation charged, for the providing of accommodations. (E) "Taxable premises" means any hotel, apartment-hotel, motel, guest home, condominium, townhouse, townhome, lodge, motor lodge, trailer court, campground, or bed and breakfast establishment. (F) "Tourism" means the guidance, management, promotion, encouragement, or accommodation of tourists. (G) "Vendor" means any natural person or business entity that provides accommodations for rent at a taxable premise. 23.50.030 Imposition of tax. There is hereby imposed a visitor benefit tax of one percent (1.0%) upon the rent paid or charged for accommodations provided by a vendor to a purchaser at a taxable premise. 23.50.040 Receipts, disposition. All monies collected or remitted in accordance with this chapter shall be credited to the separate fund created by section 23.50.050 of this Municipal Code, and shall be kept separate and distinct from the General Fund or any other separate funds maintained by the City. 23.50.050 Tourism Promotion Fund. A. There is hereby created a special separate fund to be known as the City of Aspen Tourism Promotion Fund. Said fund shall be separate and distinct from any other funds or accounts used or maintained by the city for any other purposes. The monies of said fund shall be expended only for the purposes set forth herein and no others. B. The fund shall consist of: (1) all monies deposited or transferred thereto in accordance with section 23.50.040 of this chapter; (2) contributions of money, property, or services received for use in carrying out the purposes of the fund from any person, corporation, or association; and (3) all monies otherwise made available to the fund from whatever source. C. Any monies not appropriated shall remain in the fund and shall not be transferred to or revert to the General Fund of the city at the end of any fiscal year. Any interest earned on the investment or deposit of monies of the fired shall remain in the fund and shall not be credited to the General Fund of the city. D. Fifty percent (50%) of all monies in the fund shall be dedicated to transportation services as described below and fifty percent (50%) of all monies in the fund shall be dedicated for tourism promotion activities as described below. All appropriations of monies from the fund shall be made by the City Council and only in accordance with the above-described dedication of those funds. E. Funds dedicated to transportation service in accordance with Section 23.50.050(E) shall be appropriated by the City Council only for the following purposes: 1. To pay for regional transportation services as provided by the Roaring. Fork Regional Transportation Authority or the Roaring Fork Transportation Agency; 2. To contribute to local public transportation services within the City of Aspen and its immediate environs; or 3. To defray administrative and clerical costs of collecting and administering the tax, provided such expenditures do not exceed the actual costs of such administrative and clerical costs. F. Funds dedicated to tourism promotion in accordance with Section 23.50.050(E) shall be appropriated by the City Council to a professional marketing entity such as the Aspen chamber Resort Association upon the submission and approval of a budget prepared by the Aspen Chamber Resort Association, or other similar organization, only for the following purposes: 1. planning and implementing the advertisement, promotion, and development of tourism in the City of Aspen; 2. tourism advertising, written and graphic materials, and cooperative and matching promotional materials; 3. gathering and disseminating information on the tourist industries and attractions of the City of Aspen; 4. purchasing such equipment, materials, and supplies as shall be necessary, to be used solely for tourist promotion; 5. contracting for those services and materials as may be incidental, necessary, and appropriate to the accomplishment of the purposes of the fund, including but not limited to, administrative, secretarial, clerical, or professional services deemed necessary; 6. attracting conferences, conventions, and meefmgs of a commercial, cultural, educational, or social nature to the City of Aspen; 7. attracting sporting events and social and cultural events sponsored by non-profit organizations; 8. defraying administrative and clerical costs of collecting and administering the tax, provided such expenses do not exceed the actual costs of such administrative and clerical costs. 23.50.060 Administration. The administration of this chapter is hereby vested in the finance director. The finance director shall prescribe forms and administrative procedures for the ascertainment, assessment, and collection of the tax not inconsistent with this chapter, and for the enforcement of this chapter. This Chapter 23.50 shall be administered in accordance with Chapters 23.04 through 23,28 of this rifle, to the extent that they do not conflict with the provisions of this Chapter. 23.50.070 Civil action for recovery tax due. The city shall have the right to recover all sums due under the terms of this chapter by judgment and execution thereon in a civil action in any court of competent jurisdiction. Such remedies shall be cumulative with all other remedies provided herein for the enforcement of this chapter. 23.50.080 Violation; penalty. Failure to comply with the terms of this chapter by payment of taxes, filing of a return and otherwise complying with the terms of this chapter shall constitute an offense in violation thereof, punishable, upon conviction, by a fine, imprisonment, or both a fme and imprisonment, as set forth in section 1.04.080 of this Municipal Code. Section 2. The effective date of this ordinance and the imposition of the tax referenced herein shall be January 1, 2001; provided, however, that a majority of the electors of the City of Aspen voting thereon, at the November 7, 2000, municipal election, approve the imposition of an increase in sales taxes as contemplated by this ordinance. Section 3. This ordinance shall not have any effect on exisfmg litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the 23rd day of _October 2000, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 25th day of September, 2000. [ Rachel E. Rich~ Mayor ATTEST: FINALLY adopted, passed and apProved this 23rd day of October 2000. ATTEST: Kathryn s.~i~och, City Cleric v ~/ SPW-11/28/O0-G:\john\word\ords\visitor-benefit-tax.doc ~