* § 1202-k. Hotel or motel taxes in the county of Rockland. (1)
Notwithstanding any other provisions of law to the contrary, the county
of Rockland is hereby authorized and empowered to adopt and amend local
laws imposing in such county a tax, in addition to any other tax
authorized and imposed pursuant to this article, as the legislature has
or would have the power and authority to impose upon persons occupying
rooms in hotels or motels in such county. For the purposes of this
section, the term "hotel" shall mean a building or portion of it which
is regularly used and kept open as such for the lodging of guests. The
term "hotel" includes an apartment hotel, a motel or a boarding house,
whether or not meals are served. Such tax shall be imposed at a rate or
rates not to exceed three percent of the per diem rental rate for each
room whether such room is rented on a daily or longer basis.

(2) Such tax may be collected and administered by the commissioner of
finance or other fiscal officer of the county of Rockland by such means
and in such manner as other taxes which are now collected and
administered by such officers in accordance with the county charter 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 county of
Rockland 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 commissioner of
finance or other fiscal officers of the county, 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
the following:

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 shareholder or individual and no substantial
part of the activities of which is carrying on propaganda, or otherwise
attempting to influence 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; and

d. A permanent resident of a hotel or motel. For the purposes of this
section, the term "permanent resident" shall mean a natural person
occupying any room or rooms in a hotel or motel for at least thirty
consecutive days.

(6) Any final determination of the amount of any tax payable hereunder
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 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, interest 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 hereunder 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 accrue in the prosecution of such
proceeding.

(8) Except in the case of a wilfully 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) Revenues resulting from the imposition of tax authorized by this
section shall be paid into the treasury of the county of Rockland and
shall be credited to and deposited in the general fund of the county;
and may thereafter be allocated at the discretion of the board of
legislators of the county of Rockland for any county 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.

* NB There are 2 § 1202-k's