A business improvement area to be designated as the Atascadero
Tourism Business Improvement District ("ATBID") is hereby established
pursuant to the Parking and Business Improvement Area Law of 1989
(California Streets and Highways Code Section 36500 et seq.) (the
"BID Law").
(Ord. 568 § 1, 2013)
The boundaries of the Atascadero Tourism Business Improvement
District are the same boundaries as the corporate boundaries of the
City.
(Ord. 568 § 1, 2013)
The following words and phrases used in this chapter will have
the meaning set forth in this section:
has the same meaning as "hotel" in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code.
has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code.
has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code.
has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code.
means the City Finance Director.
has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code.
has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code.
(Ord. 568 § 1, 2013)
(a)
Assessment.
Each lodging business will collect and remit to the City an ATBID
assessment equal to 2% of the rent charged by the business per occupied
room or space per night for transient occupancies.
(b)
New
Lodging Business Subject to Assessment. Any new lodging business established
within the boundaries of the ATBID subsequent to its formation will
be required to collect and remit the applicable ATBID assessment.
(c)
Exemptions. No assessment will be imposed on a lodging business for any rent paid by a transient who is exempt by law from paying any transient occupancy taxes as provided in Section 3-3.04 of this code.
(d)
Extended Stays. No assessment will be imposed on any lodging business for any rent paid by a person who is not deemed a "transient" (as defined in Section 3-3.02 of this code) when such person's stay is longer than 30 consecutive calendar days.
(e)
Payment
of Assessments. Each lodging business must remit the assessment at
the time the business pays its transient occupancy taxes to the City
and must complete and provide such form detailing the applicable rent
received and assessment as may be required by the City. The assessment
will not be included in gross room rental revenue for the purpose
of determining the amount of transient occupancy taxes due.
(f)
Payment
Prerequisite to Business License and Penalties and Procedures for
Unpaid Assessments.
(1)
No business license or tax certificate will be issued under Chapter
5 of this title unless the ATBID assessment payment is current.
(2)
Penalties and interest will be assessed upon any unpaid assessment in manner specified in Section 3-3.08 of this code until such time as the current assessment is paid in full; provided, however, that if there is concurrently a delinquency of the transient occupancy tax as well as the assessment, a single penalty of $200 will be imposed under Section 3-3.08(a) in addition to the 10% penalty on the amount of the unpaid assessment.
(g)
City
Administrative Fee. The City will retain 1% of the collected assessments
as and for its administrative fees and costs.
(Ord. 568 § 1, 2013)
The services to be funded by the assessments against lodging
businesses include tourism promotions and marketing programs to promote
the City as a tourism destination and such other tourism related projects,
programs, and activities that are directed at increasing transient
stays at lodging businesses in the ATBID and for such other tourism,
branding and marketing purposes as the City and the ATBID Advisory
Board may determine.
(Ord. 568 § 1, 2013)
There is created a special fund designated as the "Atascadero
Tourism Business Improvement District Fund" into which all revenues
derived from the ATBID assessments under this chapter will be placed.
Such funds may only be used only for the purposes specified in this
chapter and the approved annual reports.
(Ord. 568 § 1, 2013)
The City Council will appoint an Advisory Board for the ATBID
under the following procedures:
(a)
The
ATBID Advisory Board will be comprised of five members.
(b)
Membership
on the ATBID Advisory Board is limited to lodging business owners
or other representatives named in writing as an empowered designee
by a lodging business owner within the ATBID area. To sponsor a member
on the ATBID Advisory Board, each lodging business must have fully
paid its ATBID assessment at the time of appointment, and remain fully
paid during the term of that representative's membership on the Board.
(c)
The
initial ATBID Advisory Board members will serve staggered terms with
three members serving three year terms and two members serving two
year terms. All subsequent Board members will serve staggered terms
of two years.
(d)
The
ATBID Advisory Board will be appointed by the City Council, following
a nomination process facilitated by the lodging businesses.
(1)
Each February, the current Advisory Board will mail a letter to all
lodging business owners in the ATBID announcing the ATBID Advisory
Board seats that are scheduled to become vacant as of July 1st of
that calendar year and requesting nominations for the Board from such
lodging businesses.
(2)
At the noticed meeting, the ATBID will facilitate a nomination process
whereby any lodging business owners, meeting the qualification established
in subsection (b), may be nominated for a seat on the Board. At the
same meeting, the ATBID will facilitate an election by secret written
ballot received, mailed, or cast at that meeting.
(3)
All ATBID lodging business members in attendance at the meeting will
be eligible to vote. If an ATBID lodging business member is unable
to attend, a proxy with a signed statement from the member will be
allowed to participate on the member's behalf. The persons receiving
the most votes will be deemed to have won the nomination.
(4)
The nominees' names will be forwarded to the City Clerk no later
than April 30th of the same year as a recommendation to the City Council
for filling Board vacancies.
(e)
The
City Council will appoint the ATBID Advisory Board members who will
serve at the pleasure of the City Council. The ATBID Advisory Board
will meet quarterly or more frequently. The City Council shall appoint
members to the Advisory Board that have been recommended at the required
nomination meeting of lodging business owners through the established
nominating process. If the City Council rejects the recommendations
of the lodging business owners, the City Council will request a new
recommendation from the lodging business owners for consideration.
The Council may, by majority vote, remove any Advisory Board member
with or without cause.
(Ord. 568 § 1, 2013; Ord. 592 § 1, 2015)
The Advisory Board will meet no less than quarterly.
(Ord. 568 § 1, 2013)
The ATBID Advisory Board will prepare, or cause to be prepared,
and file an annual report with the City regarding the activities and
finances of the ATBID. The report must, among other things, itemize
the following: (a) proposed activities, programs and projects for
the fiscal year; (b) the approximate cost of such activities, programs
and projects for the fiscal year; (c) the amount of surplus or deficit
revenues carried over from a previous fiscal year; and (d) contributions
received other than assessments. The report must meet the requirements
of California Streets and Highways Code Section 36533. The City Council
will review each report, and may approve the report as filed or modify
any portion of the report and approve it as modified.
(Ord. 568 § 1, 2013)
The City Manager may, by contract, authorize expenditures to
be made in accordance with the annual ATBID program and budget as
recommended by the Advisory Board and approved by the City Council.
(Ord. 568 § 1, 2013)
After approving the annual report, the City will adopt an annual
resolution of intention to levy the ATBID assessment for that fiscal
year, and publish a notice of and hold a public hearing on the proposed
annual assessment in accordance with the BID Law.
(Ord. 568 § 1, 2013)
