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REFERENCE TITLE: short-term lodging rates; advertisements |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2198 |
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Introduced by Representative Gress
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An Act
amending sections 44-1501 and 44-1507, Arizona Revised Statutes; amending title 44, chapter 10, article 6, Arizona Revised Statutes, by adding section 44-1508; relating to short-term lodging.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 44, chapter 10, article 6, Arizona Revised Statutes, is changed from "RATE SIGNS OF HOTELS AND MOTOR COURTS" to "SHORT-TERM LODGING RATE ADVERTISEMENTS".
Sec. 2. Section 44-1501, Arizona Revised Statutes, is amended to read:
44-1501. Definitions
In this article, unless the context otherwise requires:
1. "Operator" includes a manager or any person in charge of the operation of motels, motor hotels, motor courts, motor camps, hotels, and like establishments. "Operator" or "owner" includes natural persons, firms, and corporations.
2. "Outdoor sign" or "outside sign" means any sign visible to passers-by passersby, whether it is located within or without the building.
3. "Room rates" means the rates at which rooms or other accommodations are rented to occupants.
4. "Short-term lodging":
(a) Means a hotel, motel, bed and breakfast inn or other transient lodging.
(b) Includes a vacation rental or short-term rental as defined in sections 9-500.39 and 11-269.17 that is rented through an online lodging marketplace.
5. "Online lodging marketplace" has the same meaning prescribed in section 42-5076.
Sec. 3. Section 44-1507, Arizona Revised Statutes, is amended to read:
44-1507. Violations; classification
A person violating any provision of this article who violates section 44-1503, 44-1504 or 44-1505 is guilty of a class 2 misdemeanor.
Sec. 4. Title 44, chapter 10, article 6, Arizona Revised Statutes, is amended by adding section 44-1508, to read:
44-1508. Short-term lodging; advertising; rates; violation; civil penalty
A. A place of short-term lodging, an internet website, an online lodging marketplace, an application or other similar centralized platform or any person:
1. May not advertise, display or offer a room rate that does not include all fees or charges required to stay at the short-term lodging, except for taxes and fees imposed by a government on the stay. This paragraph applies to any advertising, display or offer before the public in this state or from this state before the public in any state.
2. Shall include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay.
B. A person that knew or should have known that the person advertised, displayed or offered a room rate in violation of this section is subject to a civil penalty of not more than $10,000 for each violation.
C. The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under any other law and do not relieve any party from any duties or obligations imposed under any other law.