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6.04.010 Definitions.

(Amended by Ordinance Nos. 162647, 186985 and 187339, effective October 16, 2015.)  Except where the context otherwise requires, the definitions given in this Section govern the construction of this Chapter.

A.  “Accrual accounting” means the Operator enters the rent due from a transient on his/her records when the rent is earned, whether or not it is paid.

B.  “Bed and Breakfast Home” means a home where a resident individual or family rents out guest bedrooms (no more than two) in their house, which is continually occupied as their primary residence.

C.  “Bed and Breakfast Inn” means a home where a resident individual or family rents out guest bedrooms (between three and six) in their house, which is continually occupied as their primary residence.

D.  “Booking Agent” means an Operator or any person that provides a means through which a Host may offer a Short-Term Rental for transient lodging occupancy.  This service is usually, though not necessarily, provided through an online platform and generally allows a Host to advertise the Short-Term Rental through a website provided by the Booking Agent’s hosting platform and provides a means for potential users to arrange transient lodging occupancy and payment, whether the transient pays rent directly to the Host or to the Booking Agent.  Booking Agents include, but are not limited to:

1.  Online travel booking sites which are involved in the process of listing and booking Short-Term Rental transient lodging occupancies and handle any aspect of the resulting financial transaction; and/or

2.  Online travel booking sites for Short-Term Rental transient lodging occupancy where advertisements of Short-Term Rental transient lodging occupancy rentals are displayed; and/or

3.  A hosting or other online site that provides a means through which an Operator, Host or agent may offer a Short-Term Rental unit for transient lodging occupancy.

E.  “Division” means the Revenue Division of the Bureau of Revenue and Financial Services of the City of Portland.

F.  “Division Director” means the director of the Revenue Division, or his/her designee.

G.  “Business License Appeals Board” means a Board composed of five representatives appointed in the manner set forth in Section 7.02.295 of this Code.

H.  “Cash accounting” means the operator does not enter the rent due from a transient on his/her records until rent is paid.

I.  “City Council” means the City Council of the City of Portland, Oregon.

J.  “Host” means the owner or person who resides at the Short-Term Rental or has been designated by the owner or resident to manage the Short-Term Rental and who rents out the Short-Term Rental for transient lodging occupancy either directly or through the use of a Booking Agent.

K.  “Hotel” means any structure, or any portion of any structure which is occupied or intended or designed for transient occupancy for 30 days or less for dwelling, lodging, or sleeping purposes, and includes, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, house, duplex, condominium, multi-dwelling structure, trailer home, houseboat, public or private dormitory, fraternity, sorority, public or private club, and also means space or portion thereof so occupied, provided such occupancy is for less than a 30‑day period.

L.  “Occupancy” means the use or possession, or the right to the use or possession for lodging or sleeping purposes of any room or rooms in a hotel, or space in a mobile home or trailer park or portion thereof.

M.  “Operator” means the person who is proprietor of the hotel in any capacity.  Where the operator performs his/her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this Chapter and shall have the same duties and liabilities as his/her principal.  Compliance with the provisions of this Chapter by either the principal or managing agent shall be considered to be compliance by both.

N.  “Person” means any individual, firm, partnership, joint venture, association, host, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

O.  “Rent” means the consideration charged, whether or not received by the operator, for the occupancy of space in a hotel, valued in money, goods, labor, credits, property or other consideration valued in money, without any deduction.

P.  “Rent package plan” means the consideration charged for both food and rent where a single rate is made for the total of both.  The amount applicable to rent for determination of transient room tax under this Chapter shall be the same charge made for rent of the identical room when it is not a part of a package plan.

Q.  “Short-Term Rental” means a house, multi-plex, apartment, condominium, houseboat, trailer or other residential dwelling where a person rents guest bedrooms for transient lodging occupancy.  Generally, a Short-Term Rental is zoned as residential property.

R.  “Tax” means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which he/she is required to report his/her collections.

S.  “Transient” means any individual who exercises occupancy or is entitled to occupancy in a hotel for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.  The day a transient checks out of the hotel shall not be included in determining the 30‑day period if the transient is not charged rent for that day by the operator.  Any such individual so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy, or the tenancy actually extends more than 30 consecutive days.  In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Chapter may be considered.