West Virginia Code § 7-18-1

Hotel occupancy tax
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(a) Authority to impose. -- On and after July 1, 1985, any county or municipality may impose
and collect a privilege tax upon the occupancy of hotel rooms located within its taxing
jurisdiction. The tax shall be imposed and collected as provided in this article.
(b) Municipal tax. -- A municipal hotel tax shall be imposed by ordinance enacted by the
governing body of the municipality, in accordance with the provisions of article eleven,
chapter eight of this code. The tax shall be imposed uniformly throughout the municipality;
and the tax shall apply to all hotels located within the corporate limits of the municipality,
including hotels owned by the state or by any political subdivisioun of this state.
(c) County tax. -- A county hotel tax shall be imposed by order of the county commission duly
entered of record. The tax shall be imposed uniformly throughout the county: Provided, That
no county commission may impose its tax on hotels located within the corporate limits of any
municipality situated, in whole or in part, within the county: Provided, however, That the tax
collected by a hotel owned by a municipality but lolcated outside the corporate limits of the
municipality pursuant to this article shall be rsemitted to the municipality owning the hotel
for expenditure pursuant to the provisions of section fourteen of this article. The tax shall
apply to all hotels located outside the corporate limits of a municipality, including hotels
owned by the state or any political sgubdivision of this state.
(d) The tax shall be imposed on the consumer and shall be collected by the hotel operator as
part of the consideration paid for the occupancy of a hotel room.

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