§7-18-4. Consumer to pay tax; hotel or hotel operator not to
represent that it will absorb tax; accounting by
hotel.
(a) The consumer shall pay to the hotel operator the amount of
tax imposed by any municipality or county hereunder, which tax
shall be added to and shall constitute a part of the consideration
paid for the use and occupancy of the hotel room, and which tax
shall be collectible as such by the hotel operator who shall
account for, and remit to the taxing authority, all taxes paid by
consumers. The hotel operator shall separately state the tax
authorized by this article on all bills, invoices, accounts, books
of account and records relating to consideration paid for occupancy
or use of a hotel room. The hotel operator may commingle taxes
collected hereunder with the proceeds of the rental of hotel
accommodations unless the taxing authority shall, by ordinance,
order, regulation or otherwise require in writing the hotel
operator to segregate such taxes collected from such proceeds. The
taxing authority's claim shall be enforceable against, and shall be
superior to, all other claims against the moneys so commingled
excepting only claims of the state for moneys held by the hotel
pursuant to the provisions of article fifteen, chapter eleven of
this code. All taxes collected pursuant to the provisions of this
article shall be deemed to be held in trust by the hotel until the
same shall have been remitted to the taxing authority as
hereinafter provided.
(b) A hotel or hotel operator shall not represent to the
public in any manner, directly or indirectly, that it will absorb
all or any part of the tax or that the tax is not to be considered
an element in the price to be collected from the consumer.