For the purpose of this chapter, the following words and phrases shall have the following meanings, unless the context requires otherwise:
Finance directormeans that person appointed by the City Manager of the City of Grand Junction as the director of the Finance Department or his designee.
Gross taxable salemeans the total amount received in money, credits, property or other consideration valued in money from sales and purchases of lodging that is subject to the tax imposed in this chapter, but excluding the amounts received pursuant to any other State, County or municipal tax.
Lodging (also referred to as lodging services)shall mean the furnishing of rooms or accommodations by any person or representative thereof to any person or representative thereof who for consideration uses, possesses, occupies or has the right to use, possess or occupy any such room or accommodation, such as, but not limited to: a room in a hotel, motor hotel, guesthouse, hotel apartment and lodginghouses, motel, guest ranch, resort, mobile home or mobile home park, bed and breakfast establishment, residence, apartment, movable structure, auto camp, trailer court and park, trailer coach, inn, hostel, or similar establishment under any concession, permit, right of access, lease, contract, license to use or other arrangement or otherwise, but shall not include rentals under a written agreement for occupancy for a period of 30 consecutive days or more.
Marketplacemeans a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale.
Marketplace facilitatormeans a person who:
(1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller’s tangible personal property, products, or services through the person’s marketplace;
(2) Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; or
(3) Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller.
Marketplace facilitatordoes not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition.
Marketplace sellermeans a person, regardless of whether or not the person is engaged in business in the City, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator.
Multichannel sellermeans a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means.
Personshall include any individual, firm, partnership, joint enterprise, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any group or combination acting as a unit, or in the plural as well as in the singular number.
Purchase or salemeans the acquisition or furnishing for consideration by any person of lodging within the City.
Purchasermeans any person exercising the taxable privilege of purchasing lodging.
Taxmeans either the tax payable by the purchaser or the aggregate amount of taxes due from a vendor during the period for which the vendor is required to report collections under this chapter.
Taxpayershall mean any person obligated to account to the Finance Director for taxes collected or to be collected, or from whom a tax is due, under the terms of this chapter.
Vendormeans a person making sales of or furnishing lodging to a purchaser in the City. The term vendor shall include, but is (are) not limited to, any selling, leasing, renting, or granting a license to use lodging by a marketplace facilitator or a marketplace seller engaged in business in the City.
(Ord. 5118, 1-4-23; Ord. 4886, 11-6-19; People’s Ord. 34 § 3, 10-4-89. Code 1994 § 34-63; Code 1965 § 24.1-3)