§19-2401. Definitions.
In this Chapter the following words and phrases shall
have the meanings given to them in this Section unless the context clearly
requires otherwise:
(1)
Authority or
Pennsylvania Convention
Center Authority. An agency and public instrumentality of this Commonwealth
and a body politic and corporate created pursuant to the Act of June 27, 1986
(P.L. 124, No. 70).
(2)
Consideration. Receipts, fees, charges,
rentals, leases, cash, credits, property of any kind or nature, or other payment
received by operators in exchange for or in consideration of the use or
occupancy by a transient of a room or rooms in a hotel for any temporary
period.
(3)
Convention Center. Any land, improvement, structure,
building, or part thereof, or property interest therein, whether owned by or
leased by or to or otherwise acquired by the authority, appropriate for any of
the following: large public assemblies, the holding of conventions, conferences,
trade exhibitions, and other business, social, cultural, scientific and public
interest events, and all facilities, furniture, fixtures and equipment necessary
or incident thereto, including meeting rooms, dining rooms, kitchen, ballrooms,
reception areas, registration and pre-function areas, truck loading areas
(including access thereto), access ways, common areas, lobbies, offices, and
areas appurtenant to any of the aforesaid (together hereinafter "Main Convention
Area") and also including other buildings, structures or facilities for use in
conjunction with the foregoing including, but not limited to, provision for
off-street parking, retail areas and other improvements related to the center
owned by or leased by or to the authority for the purpose of producing revenues
to assist in defraying any costs or expenses of the convention
center.
(4)
Department. The Department of Revenue of the City of
Philadelphia.
(5)
Hotel. A hotel, motel, inn, guesthouse or other
building located within the City which holds itself out by any means including
advertising, license, registration with any innkeeper's group, convention
listing association, travel publication or similar association or with any
government agency as being available to provide overnight lodging or use of
facility space for consideration to persons seeking temporary accommodation; any
place which advertises to the public at large or any segment thereof that it
will provide beds, sanitary facilities or other space for a temporary period to
members of the public at large; any place recognized as a hostelry, provided
that portions of such facility which are devoted to persons who have established
permanent residence shall not be included in this
definition.
(6)
Occupancy. The use or possession or the right to
the use or possession by any person other than a permanent resident of any room
in a hotel for any purpose or the right to the use or possession of the
furnishings or to the services accompanying the use and possession of the
room.
(7)
Operator. Any individual, partnership, non-profit or
profit-making association or corporation or other person or group of persons who
maintain, operate, manage, own, have custody of, or otherwise possess the right
to rent or lease overnight accommodations in any hotel to the public for
consideration.
(8)
Patron. Any person who pays the consideration for
the occupancy of a room or rooms in a hotel.
(9)
Permanent resident.
Any person who has occupied or has the right to occupy any room or rooms in
a hotel as a patron or otherwise for a period exceeding thirty (30) consecutive
days.
(9.1)
Regional attractions marketing
agency.[322] The Greater
Philadelphia Tourism Marketing Corporation.
(10)
Room. A space in
a hotel set aside for use and occupancy by patrons, or otherwise, for
consideration, having at least one (1) bed or other sleeping accommodations
provided therein.
(11)
Substantial completion. Construction that
is sufficiently completed in accordance with contract documents and certified by
the convention center authority's architect or engineer, as modified by
change orders which are subject to review and approval by the Secretary of the
Budget of the Commonwealth and the chief financial officer of the City, so that
the main convention area can be used, occupied or operated for its intended use.
In no event shall a project be certified as substantially complete until at
least ninety percent (90%) of the work on the main convention area is
completed.
(12)
Temporary. A period of time not exceeding thirty
(30) consecutive days.
(13)
Tourist promotion agency. The agency
designated by the City Council to be eligible for grants from the Department of
Commerce pursuant to the act of April 28, 1961 (P.L. 111, No. 50), 73 P.S.
§ 401 et seq., as amended, known as the "Tourist Promotion Law." By the
ordinance approved June 24, 1965, the City Council of Philadelphia designated
the Philadelphia Convention and Visitors Bureau to be the official tourist
promotion agency for the City of Philadelphia.
(14)
Transaction.
The activity involving the obtaining by a transient or patron of the use or
occupancy of a hotel room from which consideration emanates to the operator
under an express or an implied contract.
(15)
Transient. Any
individual who obtains an accommodation in any hotel for himself by means of
registering at the facility for the temporary occupancy of any room for the
personal use of that individual by paying to the operator of the facility a fee
in consideration thereof.