A CHARTER ORDINANCE EXEMPTING THE CITY OF LAKIN, KANSAS, FROM ALL THE PROVISIONS OF K.S.A. 12-1696, RELATING TO DEFINITIONS PERTAINING TO TRANSIENT GUEST TAX; FROM THE PROVISIONS OF K.S.A. 12-1697 (a) RELATING TO THE LEVY OF TRANSIENT GUEST TAX; FROM THE PROVISIONS OF K.S.A. 12-1698 (e), RELATING TO CITY TRANSIENT GUEST TAX FUND; FROM ALL THE PROVISIONS OF K.S.A. 12-16,101, RELATING TO A COMMITTEE TO MAKE RECOMMENDATIONS FOR PROGRAMS AND EXPENDITURES; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKIN, KANSAS:
SECTION ONE: The City of Lakin, Kansas, a city of the third class, by the power granted to it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from all the provisions of K.S.A. 12-1696, which applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:
As used in this ordinance, the following words and phrases have the meaning respectively ascribed to them herein:
(a) ‘Activities’ mean planning, organizing, implementing, equipping, furnishing, staffing and managing of programs;
(b) ‘Business’ means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a part thereof in connection with any motel, hotel or tourist court;
(c) ‘Hotel, motel, or tourist court’ means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two bedrooms furnished for the accommodation of such guests;
(d) ‘Person’ means an individual, firm, partnership, corporation, joint venture or other association of persons;
(e) ‘Transient guest’ means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;”
SECTION TWO: The City of Lakin, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-1697(a), and provides the following substitute and additional provisions on the same subject:
(a) The Governing Body of the City is hereby authorized to levy a transient guest tax at a rate of six percent (6%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court.
SECTION THREE: The City of Lakin, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-1698(e), which applies to said city, but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject:
(e) There is hereby established within the City financial records a special revenue fund to be designated as the Transient Guest Tax Fund. All monies received by the City from the Secretary of Revenue of the State of Kansas, as provided herein, shall be credited to such fund. The monies on deposit in the Transient Guest Tax Fund, subject to lawful budget appropriations may be used for all or any portion of programs, projects, activities, municipal services or public improvements, which the Governing Body of the City has determined are related to the promotion, enhancement, advancement or retention of conventions and tourism or general economic development to the City of Lakin, Kansas including, but not limited to, the payments of principal and interest on bonds issued for such purposes
SECTION FOUR: The City of Lakin, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 12-16,101, which applies to said city, but not uniformly to all cities
(05-14-2014)