LEGISLATIVE RESEARCH CENTER
File #: 24-434    Name:
Type: General Business Status: Agenda Ready
File created: 3/24/2024 In control: Broken Arrow City Council
On agenda: 4/16/2024 Final action:
Title: Consideration, discussion, and possible approval of and authorization to execute Resolution No 1569, a Resolution of Necessity to file a Small Claims action against SAHIL LLC, Broken Arrow Inn located at 835 N 1st St Pl Broken Arrow OK 74012 for failure to report and or pay Hotel Occupancy Tax owing for the period of September 2023 to February 2024
Attachments: 1. Resolution_1569
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Broken Arrow City Council

Meeting of: 04/16/2024

 

Title:

title

Consideration, discussion, and possible approval of and authorization to execute Resolution No 1569, a Resolution of Necessity to file a Small Claims action against SAHIL LLC, Broken Arrow Inn located at 835 N 1st St Pl Broken Arrow OK 74012 for failure to report and or pay Hotel Occupancy Tax owing for the period of September 2023 to February 2024

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Background:

According to the Broken Arrow Code Sec. 22-112 there is levied an excise tax of four percent (4%) upon the gross proceeds or gross receipts derived from all rent for every occupancy of a room or rooms in a hotel in this city. The hotel operator is responsible for tax collections. The hotel operator is also required to file with the city manager, a report of occupancy, and of rents, and of the taxes payable thereon for each month. The return is to be filed within the first 15 days after the end of each month.


Danny Patel of SAHIL LLC is the owner of and is doing business as Broken Arrow Inn located at 835 N.1
st St. Broken Arrow, Oklahoma 74012.SAHIL LLC has failed to pay such tax from September 2023 to February 2024 and to file reports for the same timeframe. The city has monthly written SAHIL LLC demanding that they file the returns and pay the outstanding occupancy taxes owed but they have refused to comply. It is estimated $1,977.55 is currently owed for the period of September 2023 to February 2024.

As the Council is aware, the Small Claims process provides rapid resolution in civil litigation. The Legal Department recommends that the City pursue the Small Claims court in the amount of $1,977.55.

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Cost:                                                                Filing fees and Cost

Funding Source:                     Fund 227 Visit BA

Requested By:                      Cynthia S. Arnold, Finance Director

Approved By:                      City Manager’s Office

Attachments:                                          Resolution No. 1569

Recommendation:

recommend

Approve Resolution No 1569 and authorize its execution.

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