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The City of Portland, Oregon

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6.05.020 Definitions.

(Amended by Ordinance Nos. 187339, 187828 and 188171, effective January 20, 2017.)

A.  “Division” means the Revenue Division of the City of Portland Bureau of Revenue and Financial Services, along with its employees and agents;

B.  “Division Director” and “Director” mean the Director of the Revenue Division of the City of Portland Bureau of Revenue and Financial Services, or his or her designee;

C.  “District” means the Portland Tourism Improvement District as described in this Chapter;

D.  “Notice” means a written document mailed by the Division by first class mail to the last known address of a hotel as provided to the Division in the latest application or return on file at the Division; or, if mailed to a hotel who is not a licensee, then to the last known address of the hotel as provided to the Portland Water Bureau or, if that Bureau has no address record, as provided to the Revenue Division in the latest  business license tax return on file at the Division or, if none, then to such address as may be determined following reasonable investigation;

E.  “Hotel” means any structure, or any portion of any structure which is used, occupied, intended or designed for transient occupancy for 30 days or less for dwelling, lodging, or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, boutique hotel, lodging house, rooming house, apartment house, single family house or any portion of such house, duplex, condominium, bed and breakfast facility, vacation home, multi-dwelling structure, accessory dwelling unit, trailer home, houseboat, public or private dormitory, hostel, fraternity, sorority, public or private club, and also means space in a mobile home or trailer park or portion thereof so occupied, provided such occupancy is for less than a 30‑day period.  All Hotels must comply with all local codes applicable to their location and use, including but not limited to zoning and building codes.

F.  “Engaged in hotel management activities” means:

1.  Being financially responsible for a water service provided to a hotel;

2.  Being financially responsible for operation of a hotel business;

3.  Being financially primarily responsible for the indicia of management of a hotel, in cases not covered by Subsection 1. or 2.  Indicia of management of property include, in order of importance, but need not be limited to:

a.  Being responsible for waste disposal service provided to a hotel;

b.  Being responsible for providing fire insurance for a hotel;

c.  Being responsible for repair and maintenance of a hotel;

d.  Being responsible for operation of heating, ventilating, and air conditioning equipment that serves a hotel; and

e.  Being responsible for the operation and maintenance of fire prevention and suppression equipment that serves a hotel.

G.  "City Council" means the City Council of the City of Portland, Oregon.

H.  "Rent" means the full consideration charged to the Transient for the right to occupy a Room in a Hotel for the occupancy of guest rooms only, valued in money, goods, gift cards, labor, credits, property or other consideration of valued, without any deduction.  Rent is considered to be the total amount represented to the Transient as the consideration charged for the occupancy including any accommodation fees, commissions or similar amounts paid to or withheld by a Person that facilitates the reservation of a Room.

I.  “Management Corporation” means an incorporated nonprofit organization that is responsible for the promotion of Portland on a year-round basis; manages tourism-related economic development plans, programs, and projects; and represents tourism-related businesses.

J.  “Person” means any individual, firm, partnership, joint venture, limited liability company, association, club, trust estate, corporation (for profit or not-for-profit), or any other entity or combination of entities capable of engaging in Hotel management activities within the District.

K.  “Licensee” means a person licensed to engage in hotel management activities within the District under this Chapter.

L.  “Room” means each portion of a hotel which may be rented or is intended to be rented to a separate transient lodger or lodging party, other than rooms containing no sleeping accommodations and intended to be used for purposes other than sleeping and living accommodations such as, meetings, recreation, education, business or other purposes. In rooms with multiple beds where each bed may be rented or is intended to be rented to a separate transient lodger, such as bunk and dormitory style rooms, each bed is counted as a room under this definition. This definition is included for purposes of determining if a hotel is included in the District.