Richmond, Va., City Code § 12-286 Definitions.
Sec. 12-286. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accommodations means any room or space for which a fee is imposed on the retail sale pursuant to this article and includes, but is not limited to, any public or private hotel, inn, apartment, hostelry, tourist home or house, motel, roominghouse, or other lodging place within the City of Richmond offering lodging, and the owner and operator thereof, who for compensation, furnishes lodging to any transients as defined in this article.
Accommodations intermediary means any person, other than an accommodations provider, that facilitates the sale of accommodations and either charges to or collects from the transient a room charge or charges a fee to the customer, which fee it retains as compensation for facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, coordinating, or in any other way arranging for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a transient and an accommodations provider. Accommodations intermediary does not include a person:
(1) If the accommodations are provided by an accommodations provider operating under a trademark, trade name, or service mark belonging to such person;
(2) Who facilitates the sale of accommodations if the price paid by the customer to such person is equal to the price paid by such person to the accommodations provider for the use of the accommodations and the only compensation received by such person for facilitating the sale of the accommodation is a commission paid from the accommodations provider to such person; or
(3) Who is licensed as a real estate licensee pursuant to Article 1 (§ 54.1-2100 et seq.) of Chapter 21 of Title 54.1 of the Code of Virginia (1950), as amended, when acting within the scope of such license.
Accommodations provider means any person that furnishes accommodations to the general public for compensation. The term "furnishes" includes the sale of use or possession or the sale of the right to use or possess.
Collector means the Director of Finance or the designee thereof.
Person means, but is not limited to, individuals, firms, partnerships, associations, corporations, persons acting in representative capacity, and combinations of individuals of whatever form and character.
Plan means the tourism improvement district plan adopted by the Council in Resolution No. 2023-R026, adopted June 12, 2023.
Retail sale means the sale or charges for any rooms, lodgings, or accommodations furnished to transients for less than 30 continuous days by any hotel, motel, inn, tourist camp, tourist cabin, camping grounds, club, or any other place in which rooms, lodging, space, or accommodations are regularly furnished to transients for a consideration.
Room charge means the full retail price charged to the transient for the use of the accommodations before taxes. Room charge includes any fee charged to the transient and retained as compensation for facilitating the sale, whether described as an accommodations fee, facilitation fee, or any other name. Any additional charges made in connection with the rental of accommodations are deemed to be a part of the charge for the room and are subject to the fee. For example, additional charges for movies, local telephone calls and similar services are subject to the fee.
Transient means any person who, for any period of fewer than 30 consecutive days, either at his own expense or at the expense of another, obtains the use or possession of a room or space occupied for lodging in any accommodations as defined in this article, for which lodging or use of space a price is charged.
(Code 2020, § 12-266; Ord. No. 2023-159, § 1, 6-12-2023)
