A hotel or motel establishment may qualify as an exempt retail or service establishment
under section 13(a)(2) of the Act. However, the establishment must meet all of the requirements of section 13(a)(2) (see § 779.337). In determining whether an establishment is a retail or service establishment within
the meaning of section 13(a)(2) the dollar volume received from the leasing or rental of space to other than transient
members of the general public cannot be counted as derived from retail sales of goods
or services. Therefore, receipts from tenants who are not transient guests (see § 779.383(c)) must be included in the 25 percent tolerance provided for sales for resale or sales
not recognized as retail.
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