91A.392 Levy of additional transient room tax by consolidated local government or
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/ky/91a-392A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
county containing an authorized city -- Exceptions -- Application of money
collected from the tax -- Required repeal of tax upon retirement of bonds.
(1)In addition to the three percent (3%) transient room tax authorized by KRS
91A.390(1)(b), and the one percent (1%) transient room tax authorized by KRS
153.440, a consolidated local government, or the fiscal court in a county containing
an authorized city, except those counties that are included in a multicounty tourist
and convention commission under KRS 91A.350, may levy an additional transient
room tax not to exceed two percent (2%) of the rent for every occupancy of a suite,
room, rooms, cabin, lodgings, campsites, or other accommodations charged by any
hotel, motel, inn, tourist camp, tourist cabin, campgrounds, recreational vehicle
parks, or other place in which accommodations are regularly furnished to transients
for a consideration or by any person that facilitates the rental of the
accommodations by brokering, coordinating, or in any other way arranging for the
rental of the accommodations for consideration.
(2)The taxes imposed under this section shall not apply to rooms, lodgings, campsites,
or accommodations supplied for a continuous period of thirty
(30)days or more to a
person.
(a)Except as otherwise provided in paragraph
(b)of this subsection, all money
collected from the tax authorized by this section shall be applied toward the
retirement of bonds issued pursuant to KRS 91A.390(8) to finance in part the
expansion or construction or operation of a governmental or nonprofit
convention center or fine arts center useful to the promotion of tourism
located in the central business district of the consolidated local government or
the authorized city located in the county.
(b)1. This paragraph shall apply to the tax levied pursuant to this section,
prior to July 1, 2015, by a fiscal court of a county having a population
between seventy-five thousand (75,000) and one hundred thousand
(100,000) based on the 2010 federal decennial census.
2. When, in any fiscal year, the money collected from the tax authorized by
this section exceeds the amount required to satisfy the annual debt
service for the bond for that fiscal year, all or a portion of the excess
amount collected for that fiscal year may be used to defray the costs to
operate, renovate, or expand the governmental or nonprofit convention
center or fine arts center described in paragraph
(a)of this subsection, if
an amount equal to one
(1)year's required debt service is held in reserve
to satisfy any future debt service obligations of the bond.
(4)After the retirement of the bonds provided for in this section, the additional
transient room tax levied pursuant to this section shall be void, and the consolidated
local government or fiscal court shall take action to repeal the ordinance which
levied the tax.
(5)As used in this section, "authorized city" means a city of the first class and a city
included on the registry maintained by the Department for Local Government under
subsection
(6)of this section.
(6)On or before January 1, 2015, the Department for Local Government shall create and maintain a registry of cities that, as of August 1, 2014, were classified as cities of the second class. The Department for Local Government shall make the information included on the registry available to the public by publishing it on its Web site.