Except where the context otherwise requires, as used in this article:
"Administrative fee"means a fee equal to the actual costs of collection and administration, not to exceed two percent of the amount of assessments collected, which the Tax Collector is entitled to retain from the assessments collected.
"Advisory board"means the Advisory Board designated by the City Council pursuant to this article.
"Annual report"means the annual report required by Section 36533 of the Law.
"Area"means the Santa Rosa Tourism Business Improvement Area created by this article and as delineated in Section
6-56.280.
"Assessment"means the levy imposed by this article for the purpose of funding activities and programs promoting tourism in the Area.
"City"means the City of Santa Rosa.
"Contractor"means a nonprofit or for-profit entity with which the City contracts to carry out the services, activities, and programs to be funded by revenues from assessments.
"Lodging"means any accommodation consisting of one or more rooms or other living spaces which are occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes. Such term includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. The term "lodging" does not include an organized camp, as that term is defined in Section
18897 of the Health and Safety Code, or any establishment operated by a public or nonprofit entity exclusively for the purpose of providing temporary shelter for the homeless.
"Marketing activities"mean activities designed to market the Area as a tourist destination, including the expenditure of funds to place advertising in any media, conduct public relations campaigns, perform marketing research, promote conventions and trade shows, and foster improved contacts within the travel industry, for the purpose of promoting tourism within the Area.
"Occupancy"means the use or possession, or the right to the use or possession, of any one or more rooms or portion thereof, or other living space, in any lodging for dwelling, lodging, or sleeping purposes.
"Operator"means the person who is the owner of a lodging business, whether in the capacity of an owner, lessee, sublessee, mortgagee in possession, or licensee of the real property upon which the lodging business is located, or other capacity. When the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this article, and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this article by either the principal or the managing agent shall, however, be considered compliance by both. For purposes of the imposition of assessments pursuant to Section
6-56.300, the term "operator of a lodging establishment" shall include persons or entities who manage the rental of individual residential units to transients, even if such units are not owned by such operator.
"Person"means an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
"Rent"means the consideration charged, whether or not received, for the occupancy of a space in a lodging valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, and services of any kind or nature, without deduction therefrom whatsoever.
"Transient"means any person who exercises occupancy or who is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a lodging shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this article may be considered.
(Ord. 3946 § 2, 2010)