STATE OF NEW YORK
________________________________________________________________________
7152
IN SENATE
March 31, 2016
___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to authorizing the imposition
of an occupancy tax in the village of Port Chester; and providing for
the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The tax law is amended by adding a new section 1202-dd to
2 read as follows:
3 § 1202-dd. Occupancy tax in the village of Port Chester. (1) Notwith-
4 standing any other provision of law to the contrary, the village of Port
5 Chester, in the county of Westchester, is hereby authorized and
6 empowered to adopt and amend local laws imposing in such village a tax,
7 in addition to any other tax authorized and imposed pursuant to this
8 article, such as the legislature has or would have the power and author-
9 ity to impose upon persons occupying any room for hire in any hotel. For
10 the purposes of this section, the term "hotel" shall mean a building or
11 portion of it which is regularly used and kept open as such for the
12 lodging of guests. The term "hotel" includes an apartment hotel, a motel
13 or a boarding house, whether or not meals are served. The rate of such
14 tax shall not exceed three percent of the per diem rental rate for each
15 room whether such room is rented on a daily or longer basis.
16 (2) Such taxes may be collected and administered by the chief fiscal
17 officer of the village of Port Chester by such means and in such manner
18 as other taxes which are now collected and administered by such officer
19 or as otherwise may be provided by such local law.
20 (3) Such local laws may provide that any taxes imposed shall be paid
21 by the person liable therefor to the owner of the room for hire in the
22 tourist home, inn, club, hotel, motel or other similar place of public
23 accommodation occupied or to the person entitled to be paid the rent or
24 charge for the room for hire in the tourist home, inn, club, hotel,
25 motel or other similar place of public accommodation occupied for and on
26 account of the village of Port Chester imposing the tax and that such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14867-01-6
S. 7152 2
1 owner or person entitled to be paid the rent or charge shall be liable
2 for the collection and payment of the tax; and that such owner or person
3 entitled to be paid the rent or charge shall have the same right in
4 respect to collecting the tax from the person occupying the room for
5 hire in the tourist home, inn, club, hotel, motel or other similar place
6 of public accommodation, or in respect to nonpayment of the tax by the
7 person occupying the room for hire in the tourist home, inn, club,
8 hotel, motel or similar place of public accommodation, as if the taxes
9 were a part of the rent or charge and payable at the same time as the
10 rent or charge; provided, however, that the chief fiscal officer of the
11 village, specified in such local laws, shall be joined as a party in any
12 action or proceeding brought to collect the tax by the owner or by the
13 person entitled to be paid the rent or charge.
14 (4) Such local laws may provide for the filing of returns and the
15 payment of the taxes on a monthly basis or on the basis of any longer or
16 shorter period of time.
17 (5) This section shall not authorize the imposition of such tax upon
18 any of the following:
19 a. The state of New York, or any public corporation (including a
20 public corporation created pursuant to agreement or compact with another
21 state or the dominion of Canada), improvement district or other poli-
22 tical subdivision of the state;
23 b. The United States of America, insofar as it is immune from taxa-
24 tion; or
25 c. Any corporation or association, or trust, or community chest, fund
26 or foundation organized and operated exclusively for religious, charita-
27 ble or educational purposes, or for the prevention of cruelty to chil-
28 dren or animals, and no part of the net earnings of which inures to the
29 benefit of any private shareholder or individual and no substantial part
30 of the activities of which is carrying on propaganda, or otherwise
31 attempting to influence legislation; provided, however, that nothing in
32 this paragraph shall include an organization operated for the primary
33 purpose of carrying on a trade or business for profit, whether or not
34 all of its profits are payable to one or more organizations described in
35 this paragraph.
36 d. A permanent resident of a hotel or motel. For the purposes of this
37 section, the term "permanent resident" shall mean a natural person occu-
38 pying any room or rooms in a hotel or motel for at least thirty consec-
39 utive days.
40 (6) Any final determination of the amount of any tax payable hereunder
41 shall be reviewable for error, illegality or unconstitutionality or any
42 other reason whatsoever by a proceeding under article seventy-eight of
43 the civil practice law and rules if application therefor is made to the
44 supreme court within thirty days after the giving of notice of such
45 final determination, provided, however, that any such proceeding under
46 article seventy-eight of the civil practice law and rules shall not be
47 instituted unless:
48 a. The amount of any tax sought to be reviewed, with such interest and
49 penalties thereon as may be provided for by local laws or regulations
50 shall be first deposited and there shall be filed an undertaking, issued
51 by a surety company authorized to transact business in this state and
52 approved by the superintendent of financial services of this state as to
53 solvency and responsibility, in such amount as a justice of the supreme
54 court shall approve to the effect that if such proceeding be dismissed
55 or the tax confirmed the petitioner will pay all costs and charges which
56 may accrue in the prosecution of such proceeding; or
S. 7152 3
1 b. At the option of the petitioner, such undertaking may be in a sum
2 sufficient to cover the taxes, interest and penalties stated in such
3 determination plus the costs and charges which may accrue against it in
4 the prosecution of the proceeding, in which event the petitioner shall
5 not be required to pay such taxes, interest or penalties as a condition
6 precedent to the application.
7 (7) Where any taxes imposed hereunder shall have been erroneously,
8 illegally or unconstitutionally collected and application for the refund
9 therefor duly made to the proper fiscal officer or officers, and such
10 officer or officers shall have made a determination denying such refund,
11 such determination shall be reviewable by a proceeding under article
12 seventy-eight of the civil practice law and rules, provided, however,
13 that such proceeding is instituted within thirty days after the giving
14 of the notice of such denial, that a final determination of tax due was
15 not previously made, and that an undertaking is filed with the proper
16 fiscal officer or officers in such amount and with such sureties as a
17 justice of the supreme court shall approve to the effect that if such
18 proceeding be dismissed or the taxes confirmed, the petitioner will pay
19 all costs and charges which may accrue in the prosecution of such
20 proceeding.
21 (8) Except in the case of a willfully false or fraudulent return with
22 intent to evade the tax, no assessment of additional tax shall be made
23 after the expiration of more than three years from the date of the
24 filing of a return, provided, however, that where no return has been
25 filed as provided by law the tax may be assessed at any time.
26 (9) All revenues resulting from the imposition of the tax under the
27 local laws shall be paid into the treasury of the village of Port Ches-
28 ter and shall be credited to and deposited in the general fund of such
29 village. Such revenues may be used for any lawful purpose.
30 (10) Each enactment of such a local law may provide for the imposition
31 of a hotel or motel tax for a period of time no longer than three years
32 from the date of its enactment. Nothing in this section shall prohibit
33 the adoption and enactment of local laws, pursuant to the provisions of
34 this section, upon the expiration of any other local law adopted pursu-
35 ant to this section.
36 (11) If any provision of this section or the application thereof to
37 any person or circumstance shall be held invalid, the remainder of this
38 section and the application of such provision to other persons or
39 circumstances shall not be affected thereby.
40 § 2. This act shall take effect immediately and shall expire and be
41 deemed repealed three years after such date.
