[HISTORY: Adopted by the Township Committee of the Township
of Mansfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-13-2010 by Ord. No. 2010-14]
It is the purpose of this ordinance to implement the provisions
of P.L. 2003, c. 114,[1] which authorizes the governing body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage
rate not to exceed 3% on charges of rent for every occupancy on or
after July 1, 2004, of a room or rooms in a hotel subject to taxation
pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A.
54:32B-3, which shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity upon the occupancy of a hotel room.
[1]
Editor's Note: See N.J.S.A. 54:32D-1 et seq.
There is hereby established a hotel and motel room occupancy
tax in the Township of Mansfield which shall be fixed at a uniform
percentage rate of 3% on charges of rent for every occupancy of a
hotel or motel room in the Township of Mansfield on or after July
1, 2004, of a room or rooms in a hotel subject to taxation pursuant
to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3
(sales tax).
The hotel and motel room occupancy tax shall be in addition
to any other tax or fee imposed pursuant to statute or local ordinance
or resolution by any governmental entity upon the occupancy of a hotel
room.
The hotel and motel room occupancy tax authorized herein shall
not be imposed on the rent for an occupancy if the purchaser, user
or consumer is an entity exempt from the tax imposed on an occupancy
under the "Sales and Use Tax Act" pursuant to subsection (a) of section
9 of P.L. 1966, c. 30 (C. 54:3213-9).
In accordance with the requirements of P.L. 2003, c. 114:[1]
A.
All taxes imposed by this chapter shall be paid by the purchaser.
B.
A vendor shall not assume or absorb any tax imposed by this ordinance.
C.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
D.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
E.
The penalty for violation of the foregoing provisions $100 shall
be for each offense.
[1]
Editor's Note: See N.J.S.A. 54:32D-1 et seq.
The tax imposed by this chapter shall be collected on behalf
of the Township by the person collecting the rent from the hotel or
motel customer. Each person required to collect the tax herein imposed
shall be personally liable for the tax imposed, collected or required
to be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time, provided that the
Chief Financial Officer of the Township shall be joined as a party
in any action or proceeding brought to collect the tax.
