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For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Visitor Accommodation Facility. Any structure, or any portion of a structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes for periods of 30 days or less, including any inn, residential dwelling unit, motel, or lodging house, bed and breakfast inn, single room occupancy hotel, hostel, rental unit, public or private residential club, mobile home, house trailer at a fixed location, or other structure or portion of a structure. This definition includes Vacation Rentals, such as those marketed by VRBO and Airbnb, whether or not such rentals are permitted to operate within the City of Monterey.

Occupancy. The use or possession, or the right to the use or possession, of any room or portion thereof in any visitor accommodation facility for dwelling, lodging or sleeping purposes.

Operator. The person who is proprietor of the visitor accommodation facility, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, manager or any other capacity. Where the operator performs through a managing agent of any type or character other than an employee, or a booking agent other than an employee, including but not limited to online booking agencies such as Expedia or Travelocity, the managing or booking agent shall also be deemed an operator for the purposes of this Article and shall have the same duties and liabilities as the principal. Compliance with the provisions of this Article by either the principal or the agent shall be considered to be compliance by both.

Rent. The consideration charged to the transient, whether or not received, for the occupancy of space in a visitor accommodation facility, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Rent includes charges for amenities, including but not limited to movie/DVD fees, mini bar fees, telephone fees, parking fees, resort fees, charges for rollaway beds, cribs, pet fees, and internet fees, in addition to online booking fees and charges.

Finance Director. The Finance Director of the City of Monterey.

Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a visitor accommodation facility shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement, in writing, between the operator and the occupant providing for a longer period of occupancy. (Ord. 3622 § 2, 2020)