§ 62-309. Definitions.  


Latest version.
  • The following words, terms and phrases shall, for the purposes of this article and except where the context clearly indicates a different meaning, be defined as follows:

    City means the incorporated territory of Ringgold, Georgia.

    City manager means the duly appointed city manager of the city or his designee.

    Destination marketing organization means a private sector nonprofit organization or other private entity which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visit or assistance and support as needed.

    Due date means the 20th day after the close of the monthly period for which the tax is to be computed.

    Estimated tax liability means the lodging provider's prospective tax liability based upon the average monthly tax remittance in the prior fiscal year, as adjusted for change in tax rate or substantial change in circumstances due to damage to the hotel.

    Folio means primary documentation produced by a hotel that demonstrates interaction between the lodging provider and the occupant, and which, at a minimum, reflects the name and address given by the occupant, the date(s) of occupancy, the amount of rent charged for each date together with the amounts of applicable excise tax, and the method(s) of payment.

    Guest room means accommodations occupied, or intended, arranged, or designed for transient occupancy, by one or more occupants for the purpose of living quarters or residential use.

    Hotel means any hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation.

    Lodging provider means any person operating a hotel in the city including, but not limited to, the owner or proprietor of such premises, lessee, sub-lessee, lender in possession, licensee or any other person operating such hotel; and who is subject to the taxation imposed for furnishing for value to the public any rooms, lodgings, or accommodations.

    Monthly period means the calendar months of any year.

    Occupancy means the use or possession, or the right to the use or possession of any guest room in a hotel or the right to the use or possession of the furnishings or to the services and accommodations accompanying the use and possession of the guest room.

    Occupant means any person who, for a consideration, uses, possesses, or has the right to use or possess any guest room in a hotel under any lease, concession, permit, right of access, license to use or other agreement, or otherwise.

    Permanent resident means any occupant who, as of a given date, has or shall have occupied or has or shall have the right of occupancy of any guest room in a hotel for not less than 30 continuous days next preceding such date.

    Person means any individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, cooperative, estate, trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, the plural as well as the singular number; excepting the United States, the State of Georgia and any instrumentality of either thereof upon which the city is without power to impose the tax.

    Private sector non-profit organization means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for requires expenditures with such private group.

    Rent means the consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash, credits, and property or services of any kind or nature, and also the amount for which credit is allowed by the lodging provider to the occupant, without any deduction therefrom whatsoever.

    State authority means an authority created by state law which serves a state-wide function, including, but not limited to, the Georgia Agricultural Exposition Authority, Georgia Aviation Authority, Georgia Building Authority, Georgia Development Authority, Georgia Environmental Finance Authority. Jekyll Island Authority, Lake Allatoona Preservation Authority, Georgia Medical Center Authority, Georgia Ports Authority, Georgia Regional Transportation Authority, State Road and Tollway Authority, Sports Hall of Fame Authority, Georgia Technology Authority, and Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and an organizational entities they may create, regional commissions and any organizational entities they may create, or local water and sewer authorities.

    Tax means the tax on occupants imposed by this article, as provided for by O.C.G.A. § 48-13-51(b)(2).

    Tax administrator means the city manager.

    Tourism product development means the expenditure of funds for the creation or expansion of physical attractions that are available and open to the public and which improve destination appeal to visitors, support visitors' experience, and are used by visitors. Such expenditures may include capital costs and operating expenses. Tourism product development may include: (i) lodging for the public for no longer than 30 consecutive days to the same customer; (ii) overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (iii) meeting, convention, exhibit, and public assembly facilities; (iv) sports stadiums, arenas, and complexes; (v) golf courses associated with a resort development that are open to the general public on a contract or fee basis; (vi) racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (vii) amusement centers, amusement parks, theme parks, or amusement piers; (viii) hunting preserves, trapping preserves, or fishing preserves or lakes; (ix) visitor information and welcome centers; (x) wayfinding signage; (xi) permanent, non-migrating carnivals or fairs; (xii) airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (xiii) boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, natural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (xiv) museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (xv) parks, trails, and other recreational facilities; or (xvi) performing arts facilities.

(Ord. No. 2018-0514-01, § 1, 5-14-18)