[Amended 8-14-78 by Ord. No. 78-49; 9-25-89 by Ord. No. 89-72; 7-29-03 by Ord. No. 03-26; 10-22-18 by Ord. No. 18-26]
A.
There shall be a Department of Finance, the head of which shall be known as the Chief Finance Officer as required under Chapter 110 Public Law 1988 and said person shall be subject to the provision of Chapter 121 Public Laws of 1989. The Department shall include a Division of Construction Inspection, a Division of Accounts and Treasury, a Division of Revenue and a Division of Information Services.
B.
C.
The Director or any division head within the Department, except the Collector of Revenue, may also occupy the office of Township Treasurer.
D.
Hotel and Motel Room Occupancy Tax.
[Added 7-29-03 by Ord. No. 03-26; amended 10-22-18 by Ord. No. 18-26]
(1)
Purpose. It is the purpose of this ordinance to implement the provisions of P.L. 2018 c. 49 with P.L. 2003, c. 114, which authorizes the governing body a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.
(2)
There is hereby established a Hotel and Motel Room Occupancy Tax and Transient Accommodations in the Township of East Brunswick which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a hotel or motel room in the Township of East Brunswick on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a hotel or motel room in the Township of East Brunswick on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax) and C-54:32D-1 as amended.
(3)
The Hotel and Motel Room Occupancy Tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room or Transient Accommodations so defined in [Public Law: 2018] Chapter 49.
(4)
In accordance with the requirements of P.L. 2003, c. 114, P.L. 2018, c. 49:
(a)
All taxes imposed by this Chapter shall be paid by the purchaser.
(b)
A vendor shall not assume or absorb any tax imposed by this ordinance.
(c)
A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax will be assumed or absorbed by the vendor, that the tax will not be separately charged and stated to the customer, or that the tax will be refunded to the customer.
(d)
Each assumption or absorption by a vendor of the tax shall be deemed a separate offense and each representation or advertisement by a vendor for each day that the representation or advertisement continues shall be deemed a separate offense.
(e)
The penalty for violation of the foregoing provisions shall be $500 for each offense.
(5)
The tax imposed by this Chapter shall be collected on behalf of the Township by the person collecting the rent from the hotel or motel customer. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the tax from a customer as if the tax were a part of the rent and payable at the same time; provided that the chief financial officer of the Township shall be joined as a party in any action or proceeding brought to collect the tax.