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ATTY/ORD.0007/CC ORD ADOPT AMENDMENTS TO THE MUNICIPAL CODE – EXHIBIT A REV: 07-08-26 MI Page 14 of 19 structure or portion thereof. A hotel also includes a short-term rental as provided for in Section 31.3 of the Redwood City Zoning Ordinance. OCCUPANCY: The use or possession, or the right to use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. OPERATOR: The person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this Article and shall have the same duties and liabilities as his principal. Compliance with the provisions of this Article by either the principal or the managing agent shall, however, be considered to be compliance by both. An operator also includes a person who is a host as provided for in Section 31.3 of the Redwood City Zoning Ordinance. PERSON: Except as used in the meaning of “transient” hereof, means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. RENT: The consideration charged, whether or not received, for the occupancy of the space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. TAX ADMINISTRATOR: The Collector of the City of Redwood City. TRANSIENT: Any individual who exercises occupancy or is, entitled to occupancy of a specific room by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such individual so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy of the room. In determining whether an individual is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Article may be considered. Secs. 32.72—32.74. RESERVED: DIVISION 2. ADMINISTRATION Sec. 32.75. IMPOSITION; AMOUNT; WHERE PAYABLE: For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. Sec. 32.75.5. USE OF REVENUES: The taxes and penalties collected and received pursuant to this Article may, from time to time, be appropriated to any lawful purpose by the Council.