* § 1202-u. Hotel and motel taxes in Cattaraugus county. (1)
Notwithstanding any other provisions of law to the contrary, the county
of Cattaraugus 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
providing lodging on an overnight basis and shall include those
facilities designated and commonly known as "bed and breakfast", inns,
cabins, condominiums, cottages, campgrounds, lodges, tourist homes and
convention centers. For the purpose of this section, the term
"condominium" shall mean and include those units rented or leased
directly by the owner or through a real estate agency or rental
management agency. The provisions of this section relating to
campgrounds, shall only apply to those leases and rentals in which the
campground provides overnight shelter or lodging, and shall not apply to
the provision of services by a campground when the customer provides his
or her own shelter or lodging.

The rates of such tax shall not exceed five percent of the per diem
rental rate for each room, provided, however, that 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
sixty consecutive days.

(2) Such tax may be collected and administered by the county treasurer
or other fiscal officers of Cattaraugus 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
Cattaraugus 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 article:

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 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, interest 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 Cattaraugus county and
shall be credited to and deposited in the general fund of the county,
thereafter to be allocated at the discretion of the county legislature
of the county of Cattaraugus for the purposes of tourism and economic
development; provided, however, that such local laws shall provide that
the county shall be authorized to retain up to a maximum of five percent
of such revenue to defer the necessary expenses of the county in
administering such tax. The revenue derived from the tax, after
deducting the amount provided for administering such tax, as so
authorized by local law, shall be allocated to enhance the general
economy of Cattaraugus county, its cities, towns, and villages, through
promotion of tourist activities, conventions, trade shows, special
events, and other directly related and supporting activities.

(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 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.

* NB There are 4 § 1202-u's