N.Y.C. Admin. Code § L.L. 1986/069: L.L. 1986/069

Enactment date: 12/8/1986

Int. No. 713

By Council Member DeMarco (by request of the Mayor); also Council Member Messinger

A Local Law to amend the administrative code of the city or New York, in relation to imposition or an additional tax on occupancy or hotel rooms

Be it enacted by the Council as follows:

Section one. Declaration of legislative findings. On October second, nineteen hundred eighty-six, a judgment was entered by a justice of the New York state supreme court which invalidated local law number twenty-four for the year nineteen hundred eighty-six on the ground that the requirements for notice of public hearing prior to mayoral approval of the measure set forth in former section 38b-1.0 of the administrative code of the city of New York were not met. Since the hearing held in connection with mayoral approval of local law number twenty-five for the year nineteen hundred eighty-six, relating to the imposition of an additional tax on occupancy of hotel rooms, was similarly noticed, questions may be raised as to the validity of local law number twenty-five for such year. While the corporation counsel advises that the judgment invalidating local law twenty-four for such year is before the appellate courts and that, in his view, the mayor properly approved local law number twenty-four for such year and all other local laws which were before the mayor at that time, the council has determined that to exercise utmost caution in order to protect the fiscal health of the city it is prudent at this time to re-enact the provisions of local law number twenty-nine for such year so as to remove any uncertainty that may exist as to its status.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. To the extent that this local law has application prior to September first, nineteen hundred eighty-six; the amendment to section 11-2502 of the administrative code of the city of New York shall be deemed an amendment to former section VV46-2.0 of such code repealed by chapter nine hundred seven of the laws of nineteen hundred eighty-five.

§ 4. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 5. This local law shall take effect immediately and be retroactive to and deemed in full force and effect as of July eighth, nineteen hundred eighty-six.