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<br />"Online Short Term Rental Company" shall mean any person, whether operating
<br />for profit or not for profit, which facilitates the connection between transients aiming to
<br />purchase occupancy in any hotel via the Internet, or by similar electronic means.
<br />"Online Travel Company" shall mean any person, whether operating for profit or
<br />not for profit, which enables transients to purchase occupancy in a hotel via the Internet,
<br />or by similar electronic means.
<br />"Operator" means the person who is proprietor of the hotel or any other person who
<br />has the right to rent rooms within the hotel to customers or to facilitate the rental of rooms
<br />via an online short term rental company, whether in the capacity of owner, lessee, sublessee,
<br />mortgagee in possession, licensee, seller, reseller, or any other capacity. Where the operator
<br />performs his functions through a managing agent or booking agent of any type or character,
<br />other than an employee (including, but not limited to, an online travel company or online
<br />short term rental company), the managing agent or booking agent shall also be deemed an
<br />operator for the purposes of this chapter and shall have the same duties and liabilities as his
<br />principal. Full Ocompliance with the provisions of this chapter by either the principal or the
<br />managing agent or booking agent shall, however, be considered to be compliance by both.
<br />"Person" means any individual, firm, partnership, joint venture, association, social
<br />club, fraternal organization, joint stock company, corporation, estate, trust, business trust,
<br />receiver, trustee, syndicate, or any other group or combination acting as a unit.
<br />"Rent" means the total consideration charged to the transient, (including but not
<br />limited to, room rates, service charges, parking fees, purchase price, advance registration,
<br />block or group reservation charges, assessments, retail markup, commission, processing
<br />fees, cancellation charges, attrition fees, or online booking or broker fees), whether or not
<br />received, for the occupancy of sgaee in a hotel valued in money, whether to be received in
<br />money, goods, labor or otherwise, including all receipts, cash, credits and property and
<br />services of any kind or nature, without any deduction therefrom whatsoever. Nothing in this
<br />definition shall be construed to mean that rent is charged directly or indirectly for
<br />occupancy in a hotel when a room is provided to the transient as a compliment for the
<br />operator and where no consideration is charged to or received from any other person.
<br />Further, bona fide charges for food and beverages which are subject to tax under the
<br />California Sales and Use Tax Law (Revenue and Taxation Code Sections 6001 et. Eq.)
<br />shall not be deemed rent subject to the tax imposed by this Part.
<br />"Tax Administrator" means city manager or such other city employee/official, as shall
<br />be designated by the City Gounei manager.
<br />"Transient" means any person who exercises occupancy or is entitled to occupy by
<br />reason of concession, permit, right of access, license or other agreement for a period of thirty
<br />consecutive calendar days or less, counting portions of calendar days as full days. The
<br />following rules shall apply to this definition:
<br />A. Any such person so occupying spaee or entitled to occupy a room in a hotel
<br />shall be deemed to be a transient until the period of (30) calendar days has
<br />expired unless ♦7.ere is --agreement : .a«_.,g between the operator and .,
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