59-12-352.  Transient room tax authority for municipalities, military installation development authority, and Point of the Mountain State Land Authority — Purposes for which revenues may be used.

(1) 

Terms Used In Utah Code 59-12-352

  • Land: includes :Utah Code 68-3-12.5
  • State: means the state of Utah, its departments, and agencies. See Utah Code 59-12-102
  • Use: means the exercise of any right or power over tangible personal property, a product transferred electronically, or a service under Subsection 59-12-103(1), incident to the ownership or the leasing of that tangible personal property, product transferred electronically, or service. See Utah Code 59-12-102
(a)  Except as provided in Subsection (5), the governing body of a municipality may impose a tax of not to exceed 1% on charges for the accommodations and services described in Subsection 59-12-103(1)(i).

(b)  Subject to Section 63H-1-203, the military installation development authority created in Section 63H-1-201 may impose a tax under this section for accommodations and services described in Subsection 59-12-103(1)(i) within a project area described in a project area plan adopted by the authority under Title 63H, Chapter 1, Military Installation Development Authority Act, as though the authority were a municipality.

(2)  Subject to the limitations of Subsection (1), a governing body of a municipality may, by ordinance, increase or decrease the tax under this part.

(3)  A governing body of a municipality shall regulate the tax under this part by ordinance.

(4)  A municipality may use revenues generated by the tax under this part for general fund purposes.

(5) 

(a)  A municipality may not impose a tax under this section for accommodations and services described in Subsection 59-12-103(1)(i) within a project area described in a project area plan adopted by the authority under Title 63H, Chapter 1, Military Installation Development Authority Act.

(b)  Subsection (5)(a) does not apply to the military installation development authority’s imposition of a tax under this section.

(6) 

(a)  As used in this Subsection (6):

(i)  “Authority” means the Point of the Mountain State Land Authority, created in Section 11-59-201.

(ii)  “Authority board” means the board referred to in Section 11-59-301.

(b)  The authority may, by a resolution adopted by the authority board, impose a tax of not to exceed 5% on charges for the accommodations and services described in Subsection 59-12-103(1)(i) for transactions that occur on point of the mountain state land, as defined in Section 11-59-102.

(c)  The authority board, by resolution, shall regulate the tax under this Subsection (6).

(d)  The authority shall use all revenue from a tax imposed under this Subsection (6) to provide affordable housing, consistent with the manner that a community reinvestment agency uses funds for affordable housing under Section 17C-1-412.

(e)  A tax under this Subsection (6) is in addition to any other tax that may be imposed under this part.

Amended by Chapter 263, 2023 General Session