* § 1202-aa. Occupancy tax in the city of Rye. (1) Notwithstanding any
other provision of law to the contrary, the city of Rye, in the county
of Westchester, is hereby authorized and empowered to adopt and amend
local laws imposing in such city 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 any room for hire in any hotel. For the purposes of this
section, the term "hotel" shall mean a building or portion of it which
is regularly used and kept open as such for the lodging of guests. The
term "hotel" includes an apartment hotel, a motel or a boarding house,
whether or not meals are served. The rate of such tax shall not exceed
three percent of the per diem rental rate for each room whether such
room is rented on a daily or longer basis.

(2) Such taxes may be collected and administered by the chief fiscal
officer of the city of Rye by such means and in such manner as other
taxes which are now collected and administered by such officer or as
otherwise may be provided by such local law.

(3) Such local laws may provide that any taxes imposed shall be paid
by the person liable therefor to the owner of the room for hire in the
hotel or other similar place of public accommodation occupied or to the
person entitled to be paid the rent or charge for the room for hire in
the hotel or other similar place of public accommodation occupied for
and on account of the city of Rye 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 room for
hire in the hotel or other similar place of public accommodation, or in
respect to nonpayment of the tax by the person occupying the room for
hire in the hotel or similar place of public accommodation, as if the
taxes were a part of the rent or charge and payable at the same time as
the rent or charge; provided, however, that the chief fiscal officer of
the city, specified in such local laws, 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 taxes on a monthly basis or on the basis of any longer or
shorter period of time.

(5) This section 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 of 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; or

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.

d. A permanent resident of a hotel or motel. For the purposes of this
section, the term "permanent resident" shall mean a natural person
occupying any room or rooms in a hotel or motel for at least thirty
consecutive days.

(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 notice of such
final determination, provided, however, that any such proceeding under
such article seventy-eight 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 laws or regulations
shall be first deposited and there shall be filed an undertaking, issued
by a surety company authorized to transact 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 taxes imposed hereunder shall have been erroneously,
illegally or unconstitutionally collected and application for the refund
therefor 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 taxes 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 willfully 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) All revenues resulting from the imposition of the tax under the
local laws shall be paid into the treasury of the city of Rye and shall
be credited to and deposited in the general fund of the city. Such
revenues may be used for any lawful purpose.

(10) Each enactment of such 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 section or the application thereof to
any person or circumstance shall be held invalid, the remainder of this
section and the application of such provision to other persons or
circumstances shall not be affected thereby.

* NB There are 8 § 1202-aa's

* NB Repealed September 1, 2024