N.Y. Tax Law § 1202-d: Hotel or motel taxes in Oneida county

§ 1202-d. Hotel or motel taxes in Oneida county. (1) Notwithstanding

any other provisions of law to the contrary, the county of Oneida is

hereby authorized and empowered to adopt and amend local laws imposing

in such county a tax, in addition to any other tax authorized and

imposed pursuant to this article, such as the legislature has or would

have the power and authority to impose upon persons occupying hotel or

motel rooms in such county. The rates of such tax shall be five percent

of the per diem rental rate for each room provided, however, such tax

shall not be applicable to a permanent resident of such hotel or motel.

For the purposes of this section the term "permanent resident" shall

mean a person occupying any room or rooms in a hotel or motel for at

least thirty consecutive days, also provided that the county of Oneida

may provide in its local law imposing such hotel and motel occupancy tax

that such tax shall not be applicable to a hotel or motel having

twenty-five rooms or less.

(2) Such tax may be collected and administered by the county treasurer

or other fiscal officers of Oneida county by such means and in such

manner as other taxes which are now collected and administered by such

officers or as otherwise may be provided by such local law.

(3) Such local laws may provide that any tax imposed shall be paid by

the person liable therefor to the owner of the hotel or motel room

occupied or to the person entitled to be paid the rent or charge for the

hotel or motel room occupied for and on account of the county of Oneida

imposing the tax and that such owner or person entitled to be paid the

rent or charge shall be liable for the collection and payment of the

tax; and that such owner or person entitled to be paid the rent or

charge shall have the same right in respect to collecting the tax from

the person occupying the hotel or motel room, or in respect to

nonpayment of the tax by the person occupying the hotel or motel room,

as if the tax were a part of the rent or charge and payable at the same

time as the rent or charge; provided, however, that the county treasurer

or other fiscal officers of the county, specified in such local law,

shall be joined as a party in any action or proceeding brought to

collect the tax by the owner or by the person entitled to be paid the

rent or charge.

(4) Such local laws may provide for the filing of returns and the

payment of the tax on a monthly basis or on the basis of any longer or

shorter period of time.

(5) This act shall not authorize the imposition of such tax upon any

of the following:

a. The state of New York, or any public corporation (including a

public corporation created pursuant to agreement or compact with another

state or the dominion of Canada), improvement district or other

political subdivision of the state;

b. The United States of America, insofar as it is immune from

taxation;

c. Any corporation or association, or trust, or community chest, fund

or foundation organized and operated exclusively for religious,

charitable or educational purposes, or for the prevention of cruelty to

children or animals, and no part of the net earnings of which inures to

the benefit of any private shareholder or individual and no substantial

part of the activities of which is carrying on propaganda, or otherwise

attempting to influence legislation; provided, however, that nothing in

this paragraph shall include an organization operated for the primary

purpose of carrying on a trade or business for profit, whether or not

all of its profits are payable to one or more organizations described in

this paragraph.

(6) Any final determination of the amount of any tax payable hereunder

shall be reviewable for error, illegality or unconstitutionality or any

other reason whatsoever by a proceeding under article seventy-eight of

the civil practice law and rules if application therefor is made to the

supreme court within thirty days after the giving of the notice of such

final determination, provided, however, that any such proceeding under

article seventy-eight of the civil practice law and rules shall not be

instituted unless:

a. The amount of any tax sought to be reviewed, with such interest and

penalties thereon as may be provided for by local law or regulation,

shall be first deposited and there is filed an undertaking, issued by a

surety company authorized to transmit business in this state and

approved by the superintendent of financial services of this state as to

solvency and responsibility, in such amount as a justice of the supreme

court shall approve to the effect that if such proceeding be dismissed

or the tax confirmed the petitioner will pay all costs and charges which

may accrue in the prosecution of such proceeding; or

b. At the option of the petitioner such undertaking may be in a sum

sufficient to cover the taxes, interests and penalties stated in such

determination plus the costs and charges which may accrue against it in

the prosecution of the proceeding, in which event the petitioner shall

not be required to pay such taxes, interest or penalties as a condition

precedent to the application.

(7) Where any tax imposed hereunder shall have been erroneously,

illegally or unconstitutionally collected and application for the refund

thereof duly made to the proper fiscal officer or officers, and such

officer or officers shall have made a determination denying such refund,

such determination shall be reviewable by a proceeding under article

seventy-eight of the civil practice law and rules, provided, however,

that such proceeding is instituted within thirty days after the giving

of the notice of such denial, that a final determination of tax due was

not previously made, and that an undertaking is filed with the proper

fiscal officer or officers in such amount and with such sureties as a

justice of the supreme court shall approve to the effect that if such

proceeding be dismissed or the tax confirmed, the petitioner will pay

all costs and charges which may accrue in the prosecution of such

proceeding.

(8) Except in the case of a wilfully false or fraudulent return with

intent to evade the tax, no assessment of additional tax shall be made

after the expiration of more than three years from the date of the

filing of a return, provided, however, that where no return has been

filed as provided by law the tax may be assessed at any time.

(9) Revenues resulting from the imposition of tax authorized by this

section shall be paid into the treasury of the county of Oneida and

shall be credited to and deposited in the Oneida county trust and agency

fund; the net collections therefrom shall thereafter be allocated by the

county legislature of Oneida and shall be used for the promotion of

tourism development, economic development, and other directly related

and supporting activities by a not-for-profit and/or a public benefit

corporation under contract with the county. Promotion of tourism and

conventions being specifically defined as the retaining of staff for the

purpose of placing and purchasing of advertising promoting the county,

and engaging in such other efforts as are designed to induce tourist and

convention attraction to Oneida county.

(10) Each enactment of a local law may provide for the imposition of a

hotel or motel tax for a period of time no longer than three years from

the date of its enactment. Nothing in this section shall prohibit the

adoption and enactment of local laws, pursuant to the provisions of this

section, upon the expiration of any other local law adopted pursuant to

this section.

(11) If any provision of this act or the application thereof to any

person or circumstance shall be held invalid, the remainder of this act

and the application of such provision to other persons or circumstances

shall not be affected thereby.