[Ord. No. 2019-02, § 1, 1-22-2019]
It is the purpose of this chapter to implement the provisions
of P.L. 2003, c. 114, 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 and motel 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.
[Ord. No. 2019-02, § 1, 1-22-2019]
There is hereby established a hotel and motel room occupancy
tax in the Borough of Ship Bottom which shall be fixed at a uniform
percentage rate of 3% on charges of rent for every occupancy of a
hotel room in the Borough of Ship Bottom 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).
[Ord. No. 2019-02, § 1, 1-22-2019]
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.
[Ord. No. 2019-02, § 1, 1-22-2019]
In accordance with the requirements of P.L. 2003, c. 114:
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 chapter.
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 shall be $1,250
for each offense.
[Ord. No. 2019-02, § 1, 1-22-2019]
The tax imposed by this chapter shall be collected on behalf
of the Borough of Ship Bottom 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 Borough shall be joined as
a party in any action or proceeding brought to collect the tax.