* § 1202-o. Hotel or motel taxes in the city of Lockport, Niagara
county. (1) Notwithstanding any other provisions of law to the contrary,
the city of Lockport, Niagara county 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 such as
the legislature has or would have the power and authority to impose upon
persons occupying hotel or motel rooms in such county. 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", inns,
and tourist homes. The rates of such tax shall not exceed five percent
(5%) 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 fourteen consecutive days.

(2) Such tax may be collected and administered by the city treasurer
or other fiscal officers of the city of Lockport by such means and in
such manner as other taxes which are now collected and administered by
such officers 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 Lockport
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 city treasurer
or other fiscal officers 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
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 chapter:

a. The state of New York, or any public corporation (including a pub-
lic 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.

(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 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 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 may 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) All revenues resulting from the imposition of the tax under the
local laws shall be paid into the treasury of the city of Lockport and
shall be credited to and deposited in the general fund of the city,
thereafter to be allocated at the discretion of the common council of
the city of Lockport for the purposes of tourism and economic
development; provided, however, that such local laws shall provide that
the city shall be authorized to retain the necessary revenue to defer
necessary expenses of the city in administering such tax. The revenue
derived from the tax, after deducting the amount provided for
administering such tax, as so authorized by local law, shall be
allocated to enhance the general economy of the city of Lockport as
follows: (a) from the first four percent (4%), twenty-five percent of
such revenue from this tax shall be used for the promotion of community
and economic development in the city of Lockport; and the remaining
seventy-five percent of the first four percent (4%) of said revenue
shall be allocated and paid to a not-for-profit corporation under
contract with the county for the promotion of tourism in the county; (b)
the additional one percent (1%) of such revenue from this tax shall be
dedicated to the operation of the discover Niagara shuttle.

(10) Each enactment of such a 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 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.

(11) 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 3 §1202-o's