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This entry was published on 2021-01-08
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SECTION 1202-J
Hotel or motel taxes in Otsego county
Tax (TAX) CHAPTER 60, ARTICLE 29, PART 1, SUBPART A
* § 1202-j. Hotel or motel taxes in Otsego county. (1) Notwithstanding
any other provisions of law to the contrary, the county of Otsego 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. For the purposes of this section, the term
"hotel" or "motel" shall mean and include any facility consisting of
rentable units and providing lodging on an overnight basis.

The rates of such tax shall not exceed six percent of the per diem
rental rate for each room, provided however, that such tax shall not be
applicable to a permanent resident of a 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.

(2) Such tax may be collected and administered by the county treasurer
or other fiscal officers of Otsego 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 Otsego
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 section shall not authorize the imposition of such tax upon
any transaction, by or with any of the following in accordance with
section twelve hundred thirty of this chapter:

a. The state of New York, or any public corporation (including a pub-
lic 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 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 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) All revenues resulting from the imposition of the tax under the
local laws shall be paid into the treasury of Otsego county and shall be
credited to and deposited in the general fund of the county; the net
collections therefrom shall thereafter be allocated by the board of rep-
resentatives of Otsego county in an amount not to exceed two hundred
thousand dollars for the promotion, planning and development of tourism
in Otsego county and the remaining net collections therefrom may be
allocated by the board of representatives of Otsego county for any
county purpose. The revenues collected and paid into the general fund of
the county shall be those revenues remaining after deducting the
reasonable cost of Otsego county administering the tax imposed by this
section. Such reasonable cost of administration shall be determined by
the board of representatives of Otsego 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 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 3 § 1202-j's