§ 5-56. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City shall mean the City of Decatur, Texas.

City attorney shall mean the city attorney of the City of Decatur or his or her designated representative, or such other attorney as designated by the city.

City auditor shall mean the city auditor of the City of Decatur or his or her designated representative, or such other person designated by the city to act in the capacity of city auditor.

Consideration shall mean the cost of a room, sleeping space, bed, or other facility or space in a hotel only if such room sleeping space, bed, or other facility or space is one ordinarily used for sleeping, and such cost is two dollars ($2.00) or more per day, but shall not include the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room, sleeping space, bed, or other facility or space for occupancy.

Director shall mean the finance director of the City of Decatur, or his or her designee.

Hotel shall mean a building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include:

(1)

A hospital, sanitarium, or nursing home;

(2)

A dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution; or

(3)

An oilfield portable unit, as defined by Section 152.001 of the Texas Tax Code.

Interruption of payment shall mean a breach of the obligation to make continuous timely payment for one (1) or more days or parts of a day within a period of thirty (30) consecutive days of occupancy.

Lodging provider [shall mean] any person owning, operating, managing or controlling a hotel in the city, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, lender in possession, licensee or any other person operating such hotel and who is subject to collecting and remitting the tax imposed upon guests.

Occupancy [shall mean] the exclusive use or possession, or the exclusive right to use or possess, any room or rooms in a hotel if the room is one ordinarily used for sleeping and if the occupant's use, possession or right to use or possession extends for a period of less than thirty (30) days.

Occupant or guest [shall mean] any individual, corporation, governmental agency, partnership or association, who has paid consideration for the exclusive right to use, possess or has the exclusive right to use or possess any room or rooms of sleeping space or facility in a hotel under any lease, concessions, permit, right of access, license, contract or agreement.

Oilfield portable unit shall mean means a bunkhouse, manufactured home, trailer, or semitrailer that:

(1)

Is not a travel trailer, as defined by Section 502.166(e), Transportation Code;

(2)

Is designed to be used for temporary lodging or as temporary office space;

(3)

Is used exclusively at any oil, gas, water disposal, or injection well site to provide to well site employees, contractors, or other workers sleeping accommodations or temporary work space, including office space; and

(4)

Does not require attachment to a foundation or to real property to be functional.

Permanent resident shall mean any occupant who has or shall have the right of occupancy of any room or rooms in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year, so long as there is no interruption of payment for the period.

Person shall mean any individual, company, corporation or association owning, operating, managing or controlling any hotel.

Quarter or quarterly period shall mean the regular calendar quarters of the year, the first quarter being composed of the months of January, February, and March, and the second quarter being the months of April, May and June, the third quarter being the months of July, August and September, and the fourth quarter being the months of October, November and December.

Revenue shall include any interest derived from the revenue or tax levied on hotel occupancy pursuant to Texas law.

(Ord. No. 2015-04-04, § 1, 4-13-15)