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(f) OPERATOR. The term "operator" means the person <br />who is proprietor of the hotel, whether in the capacity <br />of owner, lessee, sublessee, mortgagee in possession, <br />licensee, or any other capacity. Where the operator <br />performs his functions through a managing agent of any <br />type or character other than an employee, the managing <br />agent shall also be deemed an operator for the purposes <br />of this chapter and shall have the same duties and <br />liabilities as his principal. Compliance with the <br />provisions of this chapter by either the principal or <br />the managing agent shall, however, be considered to be <br />compliance by both. <br /> <br />Sec. 35-127. Tax Imposed. <br /> <br /> For the privilege of occupancy in any hotel, each <br />transient is subject to and shall pay a tax in the amount <br />of five percent of the rent charged by the operator. The <br />tax constitutes a debt owed by the transient to the city which <br />is extinguished only by payment to the operator or to the <br />city. The transient shall pay the tax to the operator of <br />the hotel at the time the rent is paid. If the rent is <br />paid in installments, a proportionate share of the tax shall <br />be paid with each installment. The unpaid tax shall be <br />due upon the transient's ceasing to occupy space in the <br />hotel. If for any reason the tax due is not paid to the <br />operator of the hotel, the finance director may require <br />that such tax shall be paid directly to the finance director. <br /> <br />Sec. 35-128. Exemptions. <br /> <br />No tax shall be imposed upon: <br /> <br /> (a) Any person as to whom, or any occupancy as to which, <br />it is beyond the power of the city to impose the tax herein <br />provided; <br /> <br /> (b) Any officer or employee of a foreign government <br />who is exempt by reason of express provision of federal law <br />or international treaty. <br /> <br /> No exemption shall be granted except upon a claim <br />therefor made at the time rent is collected and under <br />penalty of perjury upon a form prescribed by the Finance <br />Director. <br /> <br />Sec. 35-129. Operator's Duties. <br /> <br /> Each operator shall collect the tax imposed by this <br />chapter to the same extent and at the same time as the rent <br />is collected from every transient. The amount of tax shall <br />be separately stated from the amount of the rent charged, <br />and each transient shall receive a receipt for payment from <br />the operator. No operator of a hotel shall advertise or <br />state in any manner, whether directly or indirectly, that <br />the tax or any part thereof will be assumed or absorbed by <br />the operator, or that it will not be added to the rent, or <br />that, if added, any part will be refunded except in the <br />manner hereinafter provided. <br /> <br />Sec. 35-130. Reqistration. <br /> <br /> Within thirty days after commencing business each operator <br />of any hotel renting occupancy to transients shall register <br /> <br /> <br />