* § 1202-jj. Hotel or motel taxes in the city of Binghamton. (1)
Notwithstanding any other provision of law to the contrary, the city of
Binghamton, Broome county, is hereby authorized and empowered to adopt
and amend local laws imposing in such city a tax, in addition to any
other tax authorized and imposed pursuant to this article, such as the
legislature has or would have the power and authority to impose upon
persons occupying hotel or motel rooms in such city. For the purposes of
this section, the term "hotel" or "motel" shall mean and include any
facility providing lodging on an overnight basis and shall include those
facilities designated and commonly known as "bed and breakfast" and
"tourist" facilities. The rates of such tax shall not exceed five
percent of the per diem rental rate for each room, provided however,
that such tax shall not be applicable to a permanent resident of a hotel
or motel. For the purposes of this section, the term "permanent
resident" shall mean a person occupying any room or rooms in a hotel or
motel for at least thirty consecutive days.

(2) Such tax may be collected and administered by the chief fiscal
officer of the city of Binghamton by such means and in such manner as
other taxes, which are now collected and administered by such officer,
or as otherwise may be provided by such local law.

(3) Such local laws may provide that any tax imposed shall be paid by
the person liable therefor to the owner of the hotel or motel room
occupied or to the person entitled to be paid the rent or charge for the
hotel or motel room occupied for and on account of the city of
Binghamton imposing the tax and that such owner or person entitled to be
paid the rent or charge shall be liable for the collection and payment
of the tax; and that such owner or person entitled to be paid the rent
or charge shall have the same right in respect to collecting the tax
from the person occupying the hotel or motel room, or in respect to
nonpayment of the tax by the person occupying the hotel or motel room,
as if the tax were a part of the rent or charge and payable at the same
time as the rent or charge; provided, however, that the chief fiscal
officer of the city, specified in such local law, shall be joined as a
party in any action or proceeding brought to collect the tax by the
owner or by the person entitled to be paid the rent or charge.

(4) Such local laws may provide for the filing of returns and the
payment of the tax on a monthly basis or on the basis of any longer or
shorter period of time.

(5) This section shall not authorize the imposition of such tax upon
any transaction, by or with any of the following in accordance with
section twelve hundred thirty of this article:

a. The state of New York, or any public corporation (including a
public corporation created pursuant to agreement or compact with another
state or the Dominion of Canada), improvement district or other
political subdivision of the state;

b. The United States of America, insofar as it is immune from
taxation;

c. Any corporation or association, or trust, or community chest, fund
or foundation organized and operated exclusively for religious,
charitable, or educational purposes, or for the prevention of cruelty to
children or animals, and no part of the net earnings of which inures to
the benefit of any private shareholders or individual and no substantial
part of the activities of which is carrying on propaganda, or otherwise
attempting to influence the legislation; provided, however, that nothing
in this paragraph shall include an organization operated for the primary
purpose of carrying on a trade or business for profit, whether or not
all of its profits are payable to one or more organizations described in
this paragraph.

(6) Any final determination of the amount of any tax payable pursuant
to this section shall be reviewable for error, illegality or
unconstitutionality or any other reason whatsoever by a proceeding under
article seventy-eight of the civil practice law and rules if application
therefor is made to the supreme court within thirty days after the
giving of the notice of such final determination, provided, however,
that any such proceeding under article seventy-eight of the civil
practice law and rules shall not be instituted unless:

a. The amount of any tax sought to be reviewed, with such interest and
penalties thereon as may be provided for by local law or regulation
shall be first deposited and there is filed an undertaking, issued by a
surety company authorized to transact business in this state and
approved by the superintendent of financial services of this state as to
solvency and responsibility, in such amount as a justice of the supreme
court shall approve to the effect that if such proceeding be dismissed
or the tax confirmed the petitioner will pay all costs and charges which
may accrue in the prosecution of such proceeding; or

b. At the option of the petitioner such undertaking may be in a sum
sufficient to cover the taxes, interests and penalties stated in such
determination plus the costs and charges which may accrue against it in
the prosecution of the proceeding, in which event the petitioner shall
not be required to pay such taxes, interest or penalties as a condition
precedent to the application.

(7) Where any tax imposed pursuant to this section shall have been
erroneously, illegally or unconstitutionally collected and application
for the refund thereof duly made to the proper fiscal officer or
officers, and such officer or officers shall have made a determination
denying such refund, such determination shall be reviewable by a
proceeding under article seventy-eight of the civil practice law and
rules, provided, however, that such proceeding is instituted within
thirty days after the giving of the notice of such denial, that a final
determination of tax due was not previously made, and that an
undertaking is filed with the proper fiscal officer or officers in such
amount and with such sureties as a justice of the supreme court shall
approve to the effect that if such proceeding be dismissed or the tax
confirmed, the petitioner will pay all costs and charges which may
accrue in the prosecution of such proceeding.

(8) Except in the case of a willfully false or fraudulent return with
intent to evade the tax, no assessment of additional tax shall be made
after the expiration of more than three years from the date of the
filing of a return, provided, however, that where no return has been
filed as provided by law the tax may be assessed at any time.

(9) All revenues resulting from the imposition of the tax under the
local laws shall be paid into the treasury of the city of Binghamton and
shall be credited to and deposited in the general fund of the city. Such
revenues may be used for any lawful purpose.

(10) If any provision of this section or the application thereof to
any person or circumstance shall be held invalid, the remainder of this
section and the application of such provision to other persons or
circumstances shall not be affected thereby.

(11) Each enactment of such local law may provide for the imposition
of a hotel or motel tax for a period of time no longer than three years
from the effective date of its enactment. Nothing in this section shall
prohibit the adoption and enactment of local laws, pursuant to the
provisions of this section, upon the expiration of any other local law
adopted pursuant to this section.

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