Section 26-74-501 - Levy of taxAny county that does not levy a tax under § 14-20-112 and in which there is not located a city that levies a tax under § 26-75-602 or § 26-75-701, by either an ordinance of the county quorum court under § 26-74-502(a) or through petition under § 26-74-502(b) may levy a tax in the amount necessary for the payment of bonds issued or indebtedness incurred by the county public facilities board for the purposes prescribed in this subchapter, but in no event to exceed two percent (2%) upon the gross receipts or gross proceeds from either or both of the following:
(1)(A) Gross receipts or gross proceeds from the renting, leasing, or furnishing of hotel, motel, or short-term condominium rental accommodations for sleeping, meeting, or party room facilities for profit in the county.(B) Subdivision (1)(A) of this section does not include the rental or lease of accommodations described in subdivision (1)(A) of this section for a period of thirty (30) days or more; and(2)(A) The portion of gross receipts or gross proceeds received from the sale of prepared food and beverages for on-premises or off-premises consumption by restaurants, cafes, cafeterias, delis, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store-restaurants, and similar businesses as shall be defined in the levying ordinance.(B) The tax levied under this section shall not apply to the gross receipts or gross proceeds of fraternal organizations qualified under 26 U.S.C. § 501(c)(3), as it existed on January 1, 2023.Amended by Act 2023, No. 190,§ 1, eff. 3/6/2023, app. to ordinances levying or increasing taxes subject to this act that are enacted on or after the effective date of this act.Acts 1991, No. 1091, § 1; 1992 (1st Ex. Sess.), No. 46, § 1.