HomeMy WebLinkAboutOrd1994-016
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Sponsored by: Tones
Introduction Date: 02/28/94
Public Hearing Date: 03/14/94
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, ESTABLISHING A VISITOR IMPACT
ASSESSMENT FEE FOR LODGING ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY
ORDAINS that:
Section 1. A new Chapter 5.40 of the Seward City Code is hereby created to read
as follows:
Chapter 5.40
Visitor Assessment Fee
5.40.010 Definitions. As used in this chapter:
A. "City manager" means the city manager of the city or the designee
of the city manager.
B. "Lodging establishment" means a structure or portion of a structure
located in the city which is rented or offered for rent for a tenn of less than thirty
days for dwelling, lodging or sleeping purposes and includes bed and breakfast,
hotels, inns, motels and other similar businesses. A structure or part of a structure
rented or offered for rent for an institutional purpose other than providing meals,
lodging, entertainment or recreation, for example, a hospital or university
donnitory, is not a lodging establishment for purposes of this chapter.
C. "Owner" is that individual, finn, partnership, joint venture,
association, corporation, estate trust, business trust, receiver or group or
combination acting as a unit that is listed on the city business license as the owner
of the lodging establishment.
D. "Room available for occupancy" means a room that is currently
available to the public for lease or rent for dwelling, lodging or sleeping purposes,
or to be made available to the public for lease or rent for dwelling, lodging or
sleeping purposes anytime before the end of the calendar year.
5.40.015 Visitor assessment fee.
There is established an annual visitor assessment fee initially in the amount
of $25.00 and hereafter to be detennined annually by ordinance for each room
available for occupancy to be paid by all lodging establishment owners.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-16
5.40.020 Payment and collection of visitor assessment fee.
A. Each lodging establishment owner shall pay to the city finance
department the visitor assessment fee required by this chapter no later than 30 days
from the later of the effective date of this chapter or the date of commencement of
the lodging establishment business and no later than January 31 in each subsequent
year.
B. The annual visitor assessment fee must be paid in full at the time
an application for a city business license is made. This means that a lodging
establishment established after January 1 of any year must make arrangements with
the finance department to pay all assessments required under this chapter for that
calendar year before a business license will be issued.
5.40.025 Penalties for failure to pay visitor assessment fee.
A. All past due visitor assessment fees may be recovered in an action
at law against the lodging establishment owner along with all reasonable attorney's
fees and costs incurred by the city in recovering the visitor assessment fees owed.
B. A lodging establishment owner who wilfully fails to pay the visitor
assessment fee required by this chapter shall also be subject to a civil penalty equal
to twice the amount of all past due visitor assessment fees that should have been
paid.
C. All fees and penalties collected by the city under this chapter shall
be deposited in the city's general fund.
5.40.030 Regulations.
A. The city manager may adopt regulations applying and interpreting
this chapter and may prescribe fonns required for the administration of this chapter.
B. Any person may apply to the city manager for a ruling on the
application of this chapter to that person's lodging establishment. If the city
manager detennines that such a ruling has general application, he may adopt it as
a regulation.
Section 2. This ordinance shall take effect thirty (30) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
11th day of April, 1994.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-16
AYES:
NOES:
ABSENT:
ABSTAIN:
A TIEST:
(City Seal)
Bencardino, Crane, Darling, Krasnansky, O'Brien
Anderson, Sieminski
None
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
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City Attorney
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