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Presenting a live 90-minute webinar with interactive Q&A

Lyft, , and Municipalities: Maximizing Tax and Licensing Revenue Opportunities Navigating Legal, Regulatory and Tax Issues in the Peer-to-Peer Economy

THURSDAY, APRIL 18, 2019

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

Today’s faculty features:

Jonathan M. Huerta, Attorney, King Spry Herman Freund & Faul, Bethlehem, Pa. Abbey Stemler, Assistant Professor of and Ethics, Indiana University, Bloomington, Ind.

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5 TODAY’S AGENDA

 Overview of ride-sharing issues  Overview of home-sharing issues  Review of recent developments, cases  Enforcing, drafting regulations and ordinances  Strategies for recovering and maximizing revenue

6 THE GIG ECONOMY Rall, Ted. Rall.com, August 4, 2015. http://rall.com/ comic/the-gig- economy

7 UNDERSTANDING THE SHARING/GIG ECONOMY

 Not a new concept  One person has resources, another person wants to use them temporarily  Technology changed how the arrangements were made ▪ From classifieds/bulletin boards ▪ To ▪ To apps  capitalize on the technology

8 TERMINOLOGY

▪ From perspective of consumer  Gig Economy ▪ From perspective of employer/employee  Transportation Network Company ▪ Uber, ▪ Make-up lion share of Gig Economy – approximately 56%  Network Company ▪ AirBNB, HomeAway, PrivateAcre

9 THE PLAYERS

 eBay  YourMechanic  Etsy  Uber  Lyft   GrubHub  AirBNB  HomeAway   TaskRabbit

10 BY THE NUMBERS

11 BY THE NUMBERS

 Uber  HomeAway ▪ $60B ▪ $3B ▪ Planning $120B IPO  Turo (doubled value in 2 ▪ $50M months)  Leftover Swap  Lyft ▪ Priceless…or maybe ▪ $15.1B worthless  AirBNB ▪ $30-38B

12 HOME-SHARING

 AirBNB  HomeAway/VRBO  PrivateAcre  (brokers) enable occupants (hosts) to rent their living space  Entire homes to spare bedrooms to couches  Single day to weeklong rentals

13 THE DISRUPTION

 Land-Use Impact ▪ Permits or illegal adaptation of homes into mini- ▪ Change in residential character ▪ Loss in housing value  Revenue ▪ Transient Occupancy Tax ▪ How to collect

14 MANAGING THE DISRUPTION

 Code Enforcement ▪ Home-Sharing Specific Regulations ▪ Occupancy ▪ Supervision ▪ Location ▪ Remedies ▪ Administrative Complaint Procedure ▪ Litigation ▪ Fines  Zoning considerations ▪ Lawful nonconforming use 15 FROM THE PRIVATE SECTOR

 Local Ordinances  Fees ▪ Transient Occupancy Taxes ▪ Registration ▪ Annual Inspections ▪ Permits ▪ Insurance

16 RIDE-SHARING

 AKA Transportation Network Companies  Web-based applications connect users and drivers  Allow potential passengers to select from classes of drivers, as well as track location of drivers, and manage payment/tips

17 THE DISRUPTION

 Regulations ▪ TNCs compete with taxis, but may not be subject to common carrier requirements ▪ UBER/PUC litigation  Safety Requirements ▪ State or Local Municipality ▪ Federal Preemption

18 MANAGING THE DISRUPTION

 Regulations ▪ Licensing ▪ Fees ▪ ADA/Common carrier compliance ▪ Fare rates/surge pricing ▪ Safety ▪ Insurance ▪ Background checks ▪ Checks for vehicle  How to effectively regulate ▪ UBER/Greyball & 19 FROM THE PRIVATE SECTOR

 Competition with Taxis ▪ Barriers to entry  Employee/Employer Relations ▪ Numerous lawsuits across country challenging classification ▪ Flexibility in schedule ▪ Workers drive earnings ▪ Independent investment ▪ Unionization ▪ Seattle Ordinance 20 RECENT NATIONAL CASES

• General • Section 230 Denial of Preemption • HomeAway.com v. City of Santa Monica, No. 18-55367 (9th Cir. 2019) • Data Sharing Prohibition • Airbnb Inc. v. City of , 18-cv-7712 (U.S. District Court, Southern District of New York) • Ridesharing specifically • Uber drivers classified as independent contractors • O'Connor v. Uber, No. 14-16078 (9th Cir. 2018)

21 GENERAL REGULATORY RESPONSES

• Prohibition • Austin (Uber)

• Command-and-Control • New York (Uber)

• Submission • Indiana (Airbnb)

• Collaboration • (Airbnb)

22 DRAFTING AND ENFORCING REGULATIONS

• Focus on Platforms • Section 230 will not be an issue • Command-and-control: • Ensure that Section 230 does not apply • Check for state preemption, if local • Beware of platform advocacy and push-back • Regulate the platforms and not individual users • Need data sharing • Submission • Fails to address important market failures • Collaboration • Tailored agreements allows for creativity and data sharing

• Can be good, but difficult to enforce 23 STRATEGIES FOR RECOVERING AND MAXIMIZING REVENUE

• Taxes • State • Sales • County/city • Occupancy/innkeepers • Require platforms to collect • State or local rules • Local jurisdictions, make sure that enabling statutes don’t restrict you • Private agreements • Minor success stories • Florida, New York, 24 THE FUTURE

 Will the Gig-economy last? ▪ Workers declining or take-home pay declining  Driverless Ride-Sharing ▪ Waymo (Google) and Uber

25 Toles, Tom. Washington Post, October 5, 2015. https://www.was hingtonpost.com /news/opinions/ wp/2015/10/05/t he-so-called-gig- economy-could- also-be-called- the-gag- economy/?tid=ss _mail&utm_term =.2a9b5cddda19

The so-called Gig Economy could also

be called the Gag Economy 26 Presented by Jonathan M. Huerta, Esquire KingSpry Law OFFLINE QUESTIONS? Firm And

Abbey Stemler, Assistant [email protected] Professor Business Law and Ethics, Indiana [email protected] University Abbey’s Research: https://tinyurl.com/y4n3nwj9

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