Bott fails to pay more than $4,000 in hotel/motel fees he collected
PARSONS – Tucker County Magistrate Carol Irons refused to dismiss charges against Kenneth Bott, 53, of 125 S. Fourth St. in Clarksburg, Monday. Bott’s charges, totaling $4,110.14 are from hotel/motel taxes he collected at his business, the Parsons County Inn, but failed to turn over to the county.
Authorities said hotel/motel taxes in Tucker County are 6 percent and are collected from those who occupy rooms in the county. Those funds are to be paid monthly to the Tucker County Sheriff’s Office. According to the criminal complaint, this is the second time Bott has been charged with failure to pay hotel/motel taxes, enhancing the charge to a felony. Bott pleaded guilty to the first charge of failure to pay hotel/motel taxes April 16, 2013.
Tucker County Prosecuting Attorney Ray LaMora questioned Tucker County Sheriff’s Deputy Christopher A. Donelson regarding the charges. Donelson said he had a spreadsheet showing what Bott owed and failed to pay in hotel/motel taxes.
Donelson said the most recent payment by Bott was $25 on Oct. 16, 2014. He said the next payment preceding that was from Aug. 20, 2013, more than one year prior. The Parsons County Inn closed in Aug, 2013.
“Every month the defendant collects the tax for the rooms he sells,” Donelson said. “He has to turn that tax over to the Sheriff’s office each month. He did not do so.”
Bott’s attorney, Brent Easton, argued that the charges should be dropped because the codes stated in the criminal complaint do not exist. He also said that charging Bott with failure to pay hotel/motel taxes again would be double jeopardy.
LaMora said the prior charge was for unpaid hotel/motel taxes collected by Bott and never turned over to the county up to Nov. 19, 2012.
“Ever since Nov. 19, 2012, there have been various dates where Mr. Bott has failed to remit hotel/motel taxes,” LaMora said. “Even after he (Bott) pleaded guilty in April 2013 of failing to pay hotel/motel taxes there were multiple instances of failing to pay hotel/motel taxes again. Obviously, this is not double jeopardy.”
Irons said she found the state established probable cause and ordered the matter be bound over to Tucker County Circuit Court.
