§ 1202-AA*2 — Occupancy tax in the city of White Plains

* § 1202-aa. Occupancy tax in the city of White Plains. (1)\nNotwithstanding any other provisions of law to the contrary, the city of\nWhite Plains, in the county of Westchester, is hereby authorized and\nempowered to adopt and amend local laws imposing in such city a tax, in\naddition to any other tax authorized and imposed pursuant to this\narticle, such as the legislature has or would have the power and\nauthority to impose upon persons occupying any room for hire in any\nhotel. For the purposes of this section, the term "hotel" shall mean a\nbuilding or portion of it which is regularly used and kept open as such\nfor the lodging of guests. The term "hotel" includes an apartment hotel,\na motel or a boarding house, whether or not meals are served. The rate\nof such tax shall not exceed three percent of the per diem rental rate\nfor each room whether such room is rented on a daily or longer basis.\n (2) Such tax may be collected and administered by the chief fiscal\nofficer of the city of White Plains by such means and in such manner as\nother taxes which are now collected and administered by such officer or\nas otherwise may be provided by such local laws.\n (3) Such local laws may provide that any tax imposed shall be paid by\nthe person liable therefor to the owner of the room for hire in the\nhotel or to the person entitled to be paid the rent or charge for the\nroom for hire in the hotel occupied for and on account of the city of\nWhite Plains imposing the tax and that such owner or person entitled to\nbe paid the rent or charge shall be liable for the collection and\npayment of the tax; and that such owner or person entitled to be paid\nthe rent or charge shall have the same right in respect to collecting\nthe tax from the person occupying the room for hire in the hotel, or in\nrespect to nonpayment of the tax by the person occupying the room for\nhire in the hotel, as if the tax were a part of the rent or charge and\npayable at the same time as the rent or charge; provided, however, that\nthe chief fiscal officer of the city of White Plains, specified in such\nlocal laws, shall be joined as a party in any action or proceeding\nbrought to collect the tax by the owner or by the person entitled to be\npaid the rent or charge.\n (4) Such local laws may provide for the filing of returns and the\npayment of the tax on a monthly basis or on the basis of any longer or\nshorter period of time.\n (5) This section shall not authorize the imposition of such tax upon\nany of the following:\n a. The state of New York, or any public corporation (including a\npublic corporation created pursuant to agreement or compact with another\nstate or Canada), improvement district or other political subdivision of\nthe state;\n b. The United States of America, insofar as it is immune from\ntaxation;\n c. Any corporation or association, or trust, or community chest, fund\nor foundation organized and operated exclusively for religious,\ncharitable or educational purposes, or for the prevention of cruelty to\nchildren or animals, and no part of the net earnings of which inures to\nthe benefit of any private shareholder or individual and no substantial\npart of the activities of which is carrying on propaganda, or otherwise\nattempting to influence legislation; provided, however, that nothing in\nthis paragraph shall include an organization operated for the primary\npurpose of carrying on a trade or business for profit, whether or not\nall of its profits are payable to one or more organizations described in\nthis paragraph; or\n d. A permanent resident of a hotel. For the purposes of this section,\nthe term "permanent resident" shall mean a natural person occupying any\nroom or rooms in a hotel for at least thirty consecutive days.\n (6) Any final determination of the amount of any tax payable hereunder\nshall be reviewable for error, illegality or unconstitutionality or any\nother reason whatsoever by a proceeding under article seventy-eight of\nthe civil practice law and rules if application therefor is made to the\nsupreme court within thirty days after the giving of notice of such\nfinal determination, provided, however, that any such proceeding under\nsuch article seventy-eight shall not be instituted unless:\n a. The amount of any tax sought to be reviewed, with such interest and\npenalties thereon as may be provided for by local laws or regulations\nshall be first deposited and there shall be filed an undertaking, issued\nby a surety company authorized to transact business in this state and\napproved by the superintendent of financial services of this state as to\nsolvency and responsibility, in such amount as a justice of the supreme\ncourt shall approve to the effect that if such proceeding be dismissed\nor the tax confirmed the petitioner will pay all costs and charges which\nmay accrue in the prosecution of such proceeding; or\n b. At the option of the petitioner, such undertaking may be in a sum\nsufficient to cover the taxes, interest and penalties stated in such\ndetermination plus the costs and charges which may accrue against it in\nthe prosecution of the proceeding, in which event the petitioner shall\nnot be required to pay such taxes, interest or penalties as a condition\nprecedent to the application.\n (7) Where any taxes imposed hereunder shall have been erroneously,\nillegally or unconstitutionally collected and application for the refund\ntherefor duly made to the proper fiscal officer or officers, and such\nofficer or officers shall have made a determination denying such refund,\nsuch determination shall be reviewable by a proceeding under article\nseventy-eight of the civil practice law and rules, provided, however,\nthat such proceeding is instituted within thirty days after the giving\nof the notice of such denial, that a final determination of tax due was\nnot previously made, and that an undertaking is filed with the proper\nfiscal officer or officers in such amount and with such sureties as a\njustice of the supreme court shall approve to the effect that if such\nproceeding be dismissed or the taxes confirmed, the petitioner will pay\nall costs and charges which may accrue in the prosecution of such\nproceeding.\n (8) Except in the case of a willfully false or fraudulent return with\nintent to evade the tax, no assessment of additional tax shall be made\nafter the expiration of more than three years from the date of the\nfiling of a return, provided, however, that where no return has been\nfiled as provided by law the tax may be assessed at any time.\n (9) All revenues resulting from the imposition of the tax under the\nlocal laws shall be paid into the treasury of the city of White Plains\nand shall be credited to and deposited in the general fund of the city.\nSuch revenues may be used for any lawful purpose.\n (10) Each enactment of such a local law may provide for the imposition\nof a hotel tax for a period to expire on December thirty-first, two\nthousand twenty-seven. Nothing in this section shall prohibit the\nadoption and enactment of local laws, pursuant to the provisions of this\nsection, upon the expiration of any other local law adopted pursuant to\nthis section.\n (11) If any provision of this section or the application thereof to\nany person or circumstance shall be held invalid, the remainder of this\nsection and the application of such provision to other persons or\ncircumstances shall not be affected thereby.\n * NB There are 7 § 1202-aa's\n