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City of Portland

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6.04.130 Administration.

(Amended by Ordinance No. 187339, effective October 16, 2015.)

A.  Records required from operator, et cetera; form.  Every operator shall keep guest records of room sales and accounting books and records of the room sales.  All records shall be retained by the operator for a period of 3 years and 6 months after they come into being.

B.  Examination of records; investigations.  The Division, or any person authorized in writing by it, may examine during normal business hours the books, papers and accounting records relating to room sales of any operator, after notification to the operator liable for the tax, and may investigate the business of the operator in order to verify the accuracy of any return made, or if no return is made by the operator, to ascertain and determine the amount required to be paid.

C.  At any time within 3 years after any tax or any amount of tax required to be collected becomes due and payable or at any time within 3 years after any determination becomes final, the Division may bring an action in the courts of this State, or any other state, or of the United States in the name of the City to collect the amount delinquent together with penalties and interest.

D.  Confidential financial information.  Except as otherwise required by law, it shall be unlawful for the Division, the Auditor, or any officer, employee, or agent, to divulge, release, or make known in any manner any financial information submitted or disclosed to the Division under the terms of Chapter 6.04, Transient Lodgings Tax.  Nothing in this subsection shall be construed to prohibit:

1.  The disclosure to, or the examination of, financial records by City officials, employees or agents for the purpose of administering or enforcing the terms of this Chapter, or collecting taxes imposed under the terms of this Chapter, or collecting City business license fees; or

2.  The disclosure to the taxpayer or his/her authorized representative of financial information, including amounts of transient lodgings taxes, penalties, or interest, after filing of a written request by the taxpayer or his/her authorized representative and approval of the request by the Division Manager; or

3.  The disclosure of the names and addresses of any persons to whom Transient Occupancy Registration Certificates have been issued; or

4.  The disclosure of general statistics in a form which would prevent the identification of financial information regarding any particular taxpayer’s return or application; or

5.  The disclosure of financial information to the City Attorney or other legal representatives of the City, to the extent the Division deems disclosure or access necessary for the performance of the duties of advising or representing the Division.