* § 1202-zz-1. Hotel or motel taxes in the town of DeWitt. (1)
Notwithstanding any other provisions of law to the contrary, the town of
DeWitt, in the county of Onondaga, is hereby authorized and empowered to
adopt and amend local laws imposing in such town 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
such persons occupying hotel or motel rooms in such town. The rates of
such tax shall not exceed two (2) percent of the per diem rental rate
for each room provided whether the room is rented on a daily or longer
term basis.

(2) Such tax may be collected and administered by the comptroller or
other fiscal officer of the town of DeWitt by such means and in such
manner as other taxes are now collected and administered by such
officers in accordance with the county charter or 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 town of DeWitt
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 comptroller or
other fiscal officers of the town, 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 of 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 for 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 such 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 transmit 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 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) Revenues resulting from the imposition of tax authorized by this
section shall be paid into the treasury of the town of DeWitt, and shall
be credited to and deposited in the general fund of the town but will be
attributed to specific line items in the annual DeWitt town budget
dedicated to the town's Willis Carrier Park and tourism infrastructure
improvements promoting tourism and increases in hotel and motel industry
room occupancy, and that such funds may thereafter be allocated and
utilized for the aforesaid purposes of paying for the construction,
re-construction, maintenance, upkeep, and operations of the town of
DeWitt Willis Carrier Park, the construction, re-construction,
maintenance, upkeep, and operations of any appurtenant facilities or
services thereto, the payment or re-payment of any bond, loan, note, or
other financing instrument, the debt associated with which was incurred
for the construction, re-construction, maintenance, upkeep, and
operation of the such park, appurtenant facilities, and services, and
the construction, re-construction, maintenance or upkeep of town
infrastructure utilized in connection with the tourism and the hotel and
motel industry within the town of DeWitt.

(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 Repealed September 1, 2025