A CHARTER ORDINANCE EXEMPTING THE CITY OF BONNER SPRINGS, KANSAS FROM THE PROVISIONS OF KSA 12-1697 RELATING TO THE LEVY OF A TRANSIENT GUEST TAX WITHIN THE CITY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

SECTION 1: the City of Bonner Springs, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it, and exempt itself from the provisions of KSA 12-1697 which applies to said City but not uniformly to all cities and to provide substitute provisions on the same subject as hereinafter provided.

SECTION 2: in order to provide revenue to promote tourism and conventions, there is hereby levied a transient guest tax of four (4%) percent upon the gross receipts derived from or paid directly or through an accommodations broker by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court location within the City of Bonner Springs, Kansas. The terms used in this ordinance shall be applied as defined in KSA 12-1696 the provisions of which are hereby incorporated herein by reference.

SECTION 3: Any transient guest tax levied pursuant to this Section shall be based upon the gross rental receipts collected by any business or accommodations broker. The taxes levied pursuant to this Section shall be paid by the consumer or user to the business and it shall be the duty of each and every business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly as possible or practicable to the average equivalent thereto. Each business collecting any of the taxes levied hereunder shall be responsible to paying over the sums to the State Department of Revenue in the manner prescribed by K.S.A. 12-1698 and the State Department of Revenue shall administer and enforce the collection of such taxes.

SECTION 4: This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

SECTION 5: This is a Charter Ordinance and it shall take effect sixty-one (61) days after its final publication unless within sixty (60) days of its final publication a petition signed by a number of electors of the City of Bonner Springs equal to not less than ten (10) percent of the number of electors who voted at the last preceding regular City Election shall be filed in the office of the City Clerk of Bonner Springs demanding an election on the Charter Ordinance, in which case the Charter Ordinance shall become effective only if and when approved by a majority of the electors voting thereon.

SECTION 6: Upon its effective date, this Charter Ordinance shall be recorded by the City Clerk in a book maintained for charter ordinances of the City and shall be filed with the Secretary of the State of Kansas.

SECTION 7: Ordinance No. 1809 is hereby repealed.