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Local Accommodations and Hospitality Taxes

"Here's an example of what another state (South Carolina) has done to legislate a provision in their "Accommodations and Hospitality Tax" or " bed tax" law so that these funds can be used to finance improvements on infrastructure... The point here is that our state can do the same, and to be more specific, our county can help push an amendment to the Florida State "Bed Tax" laws so the bed taxes the TDC is currently receiving, can be instead used for infrastructure improvements such as parks, boat ramps, road repair, etc...  To advert any potential confusion, we are not suggesting the TDC be the equivalent to the road department..."

EXCERPT:

1997 LEGISLATIVE SUMMARY
First Annual Session
112th General Assembly of South Carolina

Prepared by Office of Senate Research
Copyright (c) 1997 by South Carolina Senate

Local Government

Local Accommodations and Hospitality Taxes

Chapter 1, Title 6, is amended to authorize a local governing body to impose by ordinance adopted by positive majority vote:

(1) a local accommodations tax of up to three percent (on the gross proceeds derived from rental or charges for accommodations furnished to transients and imposed on persons furnishing accommodations to transients for consideration); and

(2) a local hospitality tax up of to two percent (on the sales of prepared meals and beverages sold in establishments, including establishments licensed for on-premises consumption of alcohol, beer, or wine). Unless a municipal governing body consents, a county governing body may not impose within municipal boundaries a local accommodations tax in excess of one and one-half percent or a local hospitality tax in excess of one percent. For any portion of a county area, the maximum cumulative rates for county and municipal local accommodations taxes is three percent (two percent for county and municipal local hospitality taxes). If the cumulative totals of the taxes exceeded these limitations prior to December 31, 1996, the cumulative rates may not exceed the rates imposed as of December 31, 1996. A county or municipal ordinance enacted before March 15, 1997, which imposes an accommodations fee remains authorized and effective after this act's effective date, if the cumulative rate does not exceed three percent, the fee is calculated upon a tax base consistent with this act, and fee revenue is used for the purposes listed in this act. Revenue bonds may be issued for the purposes listed in this act (retired using fee proceeds and other nontax revenues available).

Proceeds of each tax must be kept in a fund separate and segregated from the general fund and all interest generated must be credited to the separate fund. The tax revenue must be used exclusively for:

(1) tourism-related buildings (civic centers, coliseums, aquariums, etc.);

(2) cultural, recreational, or historic facilities;

(3) beach access and renourishment;

(4) highways, roads, streets, and bridges providing access to tourist destinations;

(5) advertisements and promotions related to tourism development; or

(6) water and sewer infrastructure serving tourism-related demand. In a county in with at least $900,000 in annual collections of the general accommodations tax imposed by Section 12-36-920, local accommodations tax and hospitality tax revenue also may be used for the operation and maintenance of programs directly attendant to the facilities listed above, including police and fire protection, emergency medical services, and emergency-preparedness operations...

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Local Accommodations and Hospitality Taxes

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