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2022 Ordinances
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12/15/2022 3:28:01 PM
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1/27/2022 11:19:38 AM
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EXHIBIT A <br />Interpretation: Added language is shown by double underlining. Deleted language is <br />shown by thwoble Exxcept as expressly shown on this Exhibit A, the Code <br />of the City of Portsmouth, Virginia is not otherwise amended. <br />1. Article X of Chapter 35 of the Code of the City of Portsmouth, Virginia (2006) is <br />amended by amending Section 35 -441 as follows: <br />Sec. 35 -441. Definitions. <br />Except where the context clearly indicates a different meaning, the following words <br />and phrases, when used in this article, shall, for the purpose of this article, have the <br />following respective meanings: <br />Accommodations Fee means the room charge less the discount room charge if any, <br />provided that the accommodations fee shall not be less than S0. <br />Accommodations Intermediary means any person other than an accommodations <br />provider that (i) facilitates a retail sale and (ii) either (a) charges a room charge to the <br />customer, and charges an accommodations fee to the customer, which fee it retains as <br />compensation for facilitating the sale: (b) collects a room charge from the customer; or <br />c) charges a fee, other than an accommodations fee, to the customer, which fee it retains <br />as compensation for facilitating the sale. For purposes of this definition, "facilitates the <br />sale" includes brokering, coordinating, or in any other way arranging for the purchase of <br />the right to use lodging via a transaction directly, including via one or more ap yment <br />processors, between a customer and an accommodations provider. The term <br />"accommodations intermediary" does not include a person: (1) if the lodging is provided <br />by an accommodations provider operating under a trademark, trade name, or service <br />mark belonging to such person: (2) who facilitates the sale of lodging if (i) the price paid <br />by the customer to such person is equal to the price paid by such person to the <br />accommodations provider for the use of the lodging and (ii) the only compensation <br />received by such person for facilitating the sale of the lodging is a commission paid by <br />the accommodations provider to such person; or (3) who is a licensed as a real estate_ <br />licensee pursuant to Article 1 of Chapter 21 of Title 54.1 of the Code of Virginia of 1950 <br />when acting within the scope of such license. <br />Accommodations Provider means anv person that furnishes lodging to the general <br />public for compensation. The term "furnishes" includes the sale of use _o_ or possession or <br />the sale of the right to use or possess. <br />Customer means a transient or a person paving for lodging on behalf of a transient. <br />Discount Room Charge means the full amount charged by the accommodations <br />provider to the accommodations intermediary, or an affiliate thereof, for furnishing the <br />lodging. <br />
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