PRINTER'S NO. 1775
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1311
Session of
2015
INTRODUCED BY DAY AND MURT, JUNE 10, 2015
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
JUNE 10, 2015
AN ACT
Amending Title 64 (Public Authorities and Quasi-Public
Corporations) of the Pennsylvania Consolidated Statutes, in
Pennsylvania Convention Center Authority, further providing
for hotel room rental tax and continuation of existing tax.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6025(j) of Title 64 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 6025. Hotel room rental tax; continuation of existing tax.
* * *
(j) Definitions.--In addition to the definitions provided by
section 6003 (relating to definitions), the following words and
phrases when used in this section shall have the meanings given
to them in this subsection unless the context clearly indicates
otherwise:
"Consideration." Receipts, fees, charges, rentals, leases,
cash, credits, property of any kind or nature, any amount
charged by an intermediary to an occupant and retained by the
intermediary, or other payment, received by operators in
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exchange for or in consideration of the use or occupancy by a
transient of a room or rooms in a hotel for any temporary
period.
"Hotel." As follows:
(1) Any hotel, motel, inn, guesthouse or other building
located within the city which holds itself out by any means,
including advertising, license, registration with any
innkeeper's group, convention listing association, travel
publication or similar association or with any government
agency, as being available to provide overnight lodging or
use of facility space for consideration to individuals
seeking temporary accommodation.
(2) Any place which advertises to the public at large or
any segment of the public that it will provide beds, sanitary
facilities or other space for a temporary period to members
of the public at large.
(3) Any place recognized as a hostelry.
The term does not include a portion of a facility which is
devoted to individuals who have established permanent residence.
"Intermediary." A person who facilitates the booking of
hotel reservations and who is not an operator.
"Occupancy." The use or possession or the right to the use
or possession by any person other than a permanent resident of
any room in a hotel for any purpose or the right to the use or
possession of the furnishings or to the services accompanying
the use and possession of the room.
"Operator." Any individual, partnership, nonprofit or
profit-making association or corporation or other person or
group of persons that maintains, operates, manages, owns, has
custody of or otherwise possesses the right to rent or lease
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overnight accommodations in a hotel to the public for
consideration.
"Patron." A person that pays the consideration for the
occupancy of a room or rooms in a hotel.
"Permanent resident." Any person who has occupied or has the
right to occupy any room or rooms in a hotel as a patron or
otherwise for a period exceeding 30 consecutive days.
"Room." A space in a hotel set aside for use and occupancy
by patrons, or otherwise, for consideration, having at least one
bed or other sleeping accommodations provided in the space.
"Temporary." A period of time not exceeding 30 consecutive
days.
"Tourist promotion agency." The agency designated by the
council of the city in which the convention center is located to
be eligible for grants from the Department of Community and
Economic Development [pursuant to the act of April 28, 1961
(P.L.111, No.50), known as the Tourist Promotion Law.] under the
act of July 4, 2008 (P.L.621, No.50), known as the Tourism
Promotion Act.
"Transaction." The activity involving the obtaining by a
transient or patron of the use or occupancy of a hotel room from
which consideration emanates to the operator under an express or
an implied contract.
"Transient." An individual who obtains an accommodation in a
hotel for the individual by means of registering at the facility
for the temporary occupancy of any room for the personal use of
that individual by paying to the operator of the facility a fee
in consideration for the use.
Section 2. This act shall take effect in 60 days.
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