# Title 40 — Municipal Government

## Chapter 40-57.3 — City Lodging Tax

### § 40-57.3-01. City lodging tax - Imposition - Amount - Disposition.

The governing body of any city, by ordinance, may impose a city tax, not to exceed two
percent, upon the gross receipts of retailers on the leasing or renting of hotel, motel, or other
accommodations within the city for periods of fewer than thirty consecutive calendar days or one
month. The tax imposed by this section must be in addition to the state sales tax on rental
accommodations provided in chapter 57-39.2 and any city that imposes the tax upon gross
receipts described in this section shall deposit all proceeds in the city visitors' promotion fund.
Moneys deposited in the city visitors' promotion fund must be spent only as provided in this
chapter. This chapter applies to all cities and does not limit the authority of a home rule city to
levy any taxes authorized by other provisions of law.
### § 40-57.3-01.1. City lodging and restaurant tax - Imposition - Amount - Disposition -

Referral.
In addition to the tax under section 40-57.3-01, the governing body of any city, by ordinance,
may impose a city tax, at a rate not to exceed one percent, upon the gross receipts of retailers
on the leasing or renting of hotel, motel, or other accommodations within the city for periods of
fewer than thirty consecutive calendar days or one month and upon the gross receipts of a
restaurant from any sales of prepared food or beverages, not including alcoholic beverages for
consumption off the premises where purchased, which are subject to state sales taxes. For
purposes of this section, "restaurant" means any place where food is prepared and intended for
individual portion service for consumption on or off the premises and "prepared" includes
heating prepackaged food. Accommodations, food, and beverages may all, each, or in any
combination be subject to the tax under this section, if all items in any category which are
taxable under state law are taxable, except as otherwise provided in this section. The tax
imposed under this section is in addition to state sales taxes on rental accommodations and
restaurant sales and any city that imposes the tax under this section shall deposit all proceeds
in the city visitors' promotion capital construction fund. Moneys deposited in the city visitors'
promotion capital construction fund must be spent only as provided in this chapter. An ordinance
adopted under this section may not become effective sooner than sixty days after it is adopted
by the governing body of the city. The provisions of chapter 40-12 with regard to referral of
ordinances apply to an ordinance adopted under this section except that a petition to refer an
ordinance adopted under this section must be presented to the governing body of the
municipality before four p.m. on the sixty-fourth day after the ordinance described in the petition
was adopted by the governing body of the municipality. Revenues from a tax imposed under this
section may not be pledged under section 40-57.3-03 to payment of bonds or evidences of
indebtedness until after the time has passed for filing a referral petition against an ordinance
under this section or, if a referral petition is filed, until after the referral petition has been
submitted to the vote of the electors of the municipality.
### § 40-57.3-01.2. City motor vehicle rental tax - Imposition - Amount - Disposition -

Definitions.
The governing body of any city may impose, by ordinance, a city tax at a rate not to exceed
one percent upon the gross receipts of a retailer on the rental of any motor vehicle for fewer
than thirty days if that motor vehicle is either delivered to a renter at an airport or delivered to a
renter who was picked up by the retailer at an airport. The tax imposed under this section is in
addition to state sales taxes on the rental of motor vehicles for fewer than thirty days. Any city
that imposes the tax under this section shall deposit all proceeds in the city visitors' promotion
fund. For purposes of this section, "motor vehicle" means a motorized passenger vehicle
designed to be operated on highways and "retailer" means a company for which the primary
business is the renting of motor vehicles for periods of fewer than thirty days.

### § 40-57.3-02. City visitors' promotion fund - City visitors' promotion capital

construction fund - Visitors' committee - Establishment - Purpose.
The governing body of any city that imposes a city tax pursuant to section 40-57.3-01,
40-57.3-01.1, or 40-57.3-01.2, as appropriate, shall establish a city visitors' promotion fund and
a city visitors' promotion capital construction fund. The local destination marketing organization
or visitors' committee shall serve as an advisory committee to the city governing body in
administering the proceeds from the taxes available to the city under this chapter. The moneys
in the visitors' promotion fund must be used generally to promote, encourage, and attract
visitors to come to the city and use the travel and tourism facilities within the city. The moneys in
the visitors' promotion capital construction fund must be used generally for tourism or the
purchase, equipping, improving, construction, maintenance, repair, and acquisition of buildings
or property consistent with visitor attraction or promotion. The advisory committee consists of
the local destination marketing organization or the visitors' committee.
### § 40-57.3-03. Budget - Contracts - Bonds - Capital construction.

The governing body of the city shall annually set the budget, if any, under which the
committee shall operate. The governing body of the city may contract with any person, firm,
association, corporation, or limited liability company to carry out the purposes of the city visitors'
promotion fund or the city visitors' promotion capital construction fund created under section
### § 40-57.3-02. The governing body of the city may irrevocably dedicate any portion of revenues

from the tax authorized under section 40-57.3-01.1 and may authorize and issue bonds or other
evidences of indebtedness in the manner prescribed by section 40-35-08 to be paid by those
revenues for any purpose that moneys in the city visitors' promotion capital construction fund
may be used. Such tax upon being pledged to payment of bonds or evidences of indebtedness
issued pursuant to this section may not be reduced or repealed by the governing body or by the
electors of the municipality by any initiated amendment to or referendum of the ordinance
referred to in section 40-57.3-01.1, so long as any of such bonds or evidences of indebtedness
remain outstanding. The proceeds from the tax imposed under section 40-57.3-01 may not be
used for any type of capital construction or purchase of real property. The proceeds from the tax
imposed under section 40-57.3-01.1 may be used only for payment of bonds issued, and the
costs of issuance related thereto, under this section or for tourism or capital construction,
maintenance, and repair or acquisition of property consistent with the purposes of this chapter.
### § 40-57.3-04. Payment of tax - Collection by tax commissioner - Administrative

expenses allowed - Rules.
The taxes imposed under this chapter are due and payable at the same time the taxpayer is
required to file a return under chapter 57-39.2 and must be collected and administered by the
tax commissioner in accordance with the relevant provisions of chapter 57-39.2. The taxpayer
shall add the taxes imposed under this chapter to the sales, lease, or rental price and shall
collect the tax from the consumer. A retailer may not advertise or hold out or state to the public,
or to any consumer, directly or indirectly, that the taxes or any part of the taxes imposed under
this chapter shall be assumed, absorbed, or refunded by the taxpayer. The amount the tax
commissioner remits monthly to each city as taxes collected for that city's visitors' promotion
fund and visitors' promotion capital construction fund must be reduced by three percent as an
administrative fee necessary to defray the cost of collecting the taxes and the expenses incident
to collection. The administrative fee must be deposited in the general fund in the state treasury.
The tax commissioner shall adopt rules necessary for the administration of this chapter. The
penalties and liabilities provided in sections 57-39.2-18 and 57-39.2-18.1 specifically apply to
the filing of returns and administration of the taxes imposed under this chapter. The taxes
imposed under this chapter are not taxes subject to chapter 57-39.4. The tax commissioner may
offset future distributions of a tax imposed and collected under this chapter if there was a
previous overpayment of the tax distributed to the city. The tax commissioner, after consulting
the appropriate local political subdivision, may determine the offset amount and time period for
recovery of the overpayment of the tax distribution.
