The City Council hereby finds and declares:
A. 
Pursuant to Section 36500 et seq. of the California Streets and Highways Code, the Parking and Business Improvement Area Law of 1989 (the "Act"), the City Council on January 13, 2004, adopted Resolution No. 2004-6, entitled "A Resolution of Intention of the City Council of the City of Vacaville to Create the Vacaville Conference and Visitor's Bureau by Establishing a Hotel Business Improvement District and Levying an Assessment on Hotels/Motels Within the District" ("Resolution of Intention").
B. 
Through the Resolution of Intention, the City Council declared its intention to establish a parking and business improvement area ("District") to be known as the Vacaville Conference and Visitor's Bureau ("Bureau"), and caused such Resolution of Intention to be published and mailed in accordance with the law.
C. 
Pursuant to California Government Code Section 54954.6 and the Act, a noticed public meeting and noticed public hearing regarding the establishment of the District were held on January 13, 2004, and February 10, 2004, respectively, each at approximately seven p.m. in the Council Chambers at City Hall, 650 Merchant Street, Vacaville, California.
D. 
At the January 13, 2004, public meeting and the February 10, 2004, public hearing, written and oral evidence for and against the proposed establishment of the District was received and considered by the City Council and that all written protests received did not constitute a majority protest by the owners of businesses in the proposed area affected by the establishment of the proposed Bureau in accordance with Section 36525 of the Act.
E. 
The improvements and activities within the District shall be funded by the levy of assessments and such assessments shall not be used to fund improvements or activities for any purpose other than the purposes specified herein and in the Resolution of Intention as adopted or as modified by the City Council at the hearing concerning establishment of the District.
F. 
The businesses included within the District, that is, all of the hotels, motels, and other lodging places that currently exist within the District boundaries or that hereafter commence business within the District boundaries ("businesses") will be benefited by the improvements and activities funded by the assessments proposed to be levied for the purposes herein described pursuant to the Act, including, but not limited to, the promotion of tourism.
G. 
On May 26, 2015, a noticed public hearing was conducted to change the name of the Bureau and to make other minor revisions to clarify the management of the District.
The businesses in the District shall be subject to any amendments of the Act, including, but not limited to, the District's boundaries, amounts of assessment, improvements and activities.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
As hereafter used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:
"Act"
means Section 36500 et seq. of the California Streets and Highways Code, the Parking and Business Improvement Area Law of 1989.
"Advisory Board"
means the board described in Section 3.17.060.
"Benefit assessment" or "assessment"
shall mean the assessment levied on businesses pursuant to this chapter.
"Businesses"
means all hotels, motels, and other lodging places that currently exist within the District boundaries or that hereafter commence business within the District boundaries.
"District"
means parking and business improvement area established hereunder to be known as the Hotel Business Improvement District.
"Hotel, motel, or other lodging place" and "hotel, motel, and other lodging place"
means a hotel, inn, tourist home or house, motel, or other lodging place that offers or provides lodging, dwelling or sleeping for a fee for any period of 30 days or less.
"Operator"
means the person who is proprietor of the hotel, motel or other lodging place, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, contractor, subcontractor, licensee or any other capacity. Where the operator performs his 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 chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
"Person"
means any 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" or "rent charged"
means the consideration given for the privilege of occupying or using a room or space in a hotel, motel, or other lodging place. "Rent charged" does not include any taxes or assessments imposed by a governmental agency, such as the transient occupancy tax set forth in Chapter 3.16 of this code or the excise tax imposed by City Ordinance No. 1362, commonly referred to as the "Measure I tax."
"Resolution of Intention"
means Resolution No. 2004-6, as adopted by the City Council on January 13, 2004.
"Tax administrator"
means the City Finance Manager or his or her designee or such other person as the City Manager may, from time to time, designate.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
A. 
Pursuant to the Act, a parking and business improvement area to be named the "Hotel Business Improvement District," originally formed and formerly known as the "Vacaville Conference and Visitor's Bureau," is hereby created and established.
B. 
The boundaries of the District shall be and include all of the incorporated area of the City of Vacaville, as may be increased or decreased from time to time.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
A. 
The rights, obligations and assessments to be imposed by this chapter shall be applicable to all hotels, motels, and other lodging places located within the District's boundaries and any new hotel, motel, or other lodging place that locates or is established within the District following creation of the District.
B. 
Except as set forth in Subsection C of this section, the assessment to be levied on the businesses shall be two percent of the rent charged by the operator. If the operator provides the occupancy free of charge or at a reduced rate and in exchange receives consideration or a benefit for such occupancy or reduced rate (e.g., the occupancy is provided for promotional or marketing purposes), the rent upon which the assessment is based shall be deemed to be the greater of (1) the value of the total consideration received by the operator; or (2) the average rent of all comparable rooms in the hotel, motel, or other lodging place on the day the room or space was provided free of charge or at a reduced rate. However, in instances where there is clearly no benefit received by the operator or business (e.g., the room or space is used without charge by the operator's family, is provided to resolve a complaint, or is provided without charge during a community disaster), such room or space shall be considered to be "truly complimentary," and, as such, not subject to the assessment imposed by this chapter.
No benefit assessment shall be levied pursuant to this chapter upon the following:
1. 
Any space or room deemed "truly complimentary" as described in this Subsection B;
2. 
Rent collected from or rent charged to any person who resides in the space or room for more than 30 consecutive calendar days;
3. 
Rent collected from or rent charged to any person as to whom, or any occupancy as to which, is beyond the power of the City to impose the tax; or
4. 
Rent collected from or rent charged to any officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.
Exemptions pursuant to this section are permitted only when the operator completes and executes, under penalty of perjury at the time rent is collected, an exemption claim form provided by the Tax Administrator and submits such form to the Tax Administrator. In order to qualify for an exemption under Subsection B.(2) of this section, an exemption claim form must be completed in full by the operator and signed by the occupant prior to, or on the first day of, occupancy indicating the length of the occupant's stay. In the absence thereof, the occupancy is subject to payment of the assessment levied upon the initial 30 days of occupancy. Determination of whether or not an exemption from assessment applies shall be made by the Tax Administrator based upon his or her review and verification of the written documentation required by this provision or such additional information as the Tax Administrator may request to assist him or her in the determination.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
The purposes for which the funds raised and collected by the assessment imposed by this chapter shall be devoted to the statutory purposes set forth in Sections 36510 and 36513 of the Act, which may include, but are not limited to, the following improvements and activities:
A. 
General promotion of business and tourism activities within the District;
B. 
Increasing the occupancy of hotels, motels, and other lodging places providing lodging within the District;
C. 
Promoting the image of the City of Vacaville as a place to visit, stay, tour, and enjoy;
D. 
Providing public programs, activities, brochures, and similar events and information to attract tourists and visitors to the area.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
A. 
The City Council shall appoint an Advisory Board pursuant to Section 36530 of the Act in order to make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on proposed improvements and activities, and on the method and basis of levying assessments. A majority of the Advisory Board shall be composed of hoteliers. Additionally, the Advisory Board shall include one nonvoting City of Vacaville staff person to serve as a liaison between the Board and the City. Unless otherwise expressly provided by motion or resolution of the City Council, the Board of Directors of Visit Vacaville shall constitute the Advisory Board.
B. 
From time to time the City may enter into a form of management agreement with a separate entity, including but not limited to Visit Vacaville, to provide and/or administer improvements and activities funded by the assessments and setting forth, among other things, the operational details of the District, prior to receipt of any funding hereunder. Except with respect to contracts required by law to be entered into by the City, if the City Council enters into a contract with Visit Vacaville or another entity to administer the District, that entity shall be authorized to contract in furtherance of the purposes of the District.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
The Advisory Board shall prepare an annual report for each fiscal year for which assessments are to be levied. The annual report shall be filed with the City Clerk and shall comply with all of the requirements of Section 36533 of the Act. The report shall be approved or accepted as filed or modified by the City Council. A report modified by the City Council shall only be approved after providing notice of the proposed modifications and after conducting a public hearing as required by Sections 36523, 36524 and 36525 of the Act, respectively. The City Council, however, shall not approve a change in the basis and method of levy of assessments that would impair the ability of the District to meet the obligations of an authorized or executed contract to be paid from the revenues derived from the levy of assessments.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
A. 
Annual Resolution of Intention. After approval or acceptance of the annual report filed by the Advisory Board, the City Council shall adopt a resolution of intention to levy and collect assessments for the subject fiscal year pursuant to Section 36534 of the Act. The resolution of intention shall set the time and place for a public hearing on the levy of assessments for that fiscal year and shall be published at least once in a local newspaper of general circulation within the City not less than seven calendar days before the public hearing.
B. 
Annual Public Hearing. The City Council shall, pursuant to Section 36535 of the Act, conduct an annual public hearing on the levy of assessments as specified in the resolution of intention.
C. 
Resolution Confirming Annual Report and Levy of Assessments. At the conclusion of the annual public hearing, in order to levy assessments for the subject fiscal year, the City Council shall, by resolution, approve or accept the annual report as set forth in Section 3.17.070. Adoption of this resolution shall constitute the levy of assessments for the fiscal year referred to in the annual report.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
The City Council may, as a part of the authorized changes to the annual report or at the Advisory Board's recommendation, modify the boundaries of the District or the basis and method of levying assessments by adopting an ordinance after notice and a public hearing pursuant to Section 36541 of the Act. In no case shall an assessment be modified such that the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments would be impaired.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
A. 
The benefit assessment authorized by this chapter shall be collected in conjunction with the collection of the transient occupancy tax set forth in Chapter 3.16 of this code and the excise tax imposed by City Ordinance No. 1362, commonly known as the "Measure I tax." The benefit assessment shall be due on or before the last day of the month for the amounts collected during the previous month. Each operator shall, on or before the last day of the month or at the close of any shorter reporting period which may be established by the Tax Administrator, submit a return to the Tax Administrator on forms provided by the Tax Administrator of the total rents charged and received. By way of example, each operator shall submit the return for the period of October 1st through 31st no later than the following November 30th. At the time the return is submitted the full amount of the assessment shall be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting periods for any hotel, motel or lodging place if the Tax Administrator deems it necessary in order to ensure collection of the benefit assessment, and he or she may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason.
B. 
The funds collected by the Tax Administrator shall be placed in an account separate from the City's general fund to be expended in accordance with this chapter and subsequent resolutions and fund management agreements.
Each operator shall be responsible for notifying the City Manager or his or her designee of any change in address of the operator's hotel, motel, or other lodging place and the failure to do so shall not relieve the hotel, motel, or other lodging place from the penalties set forth in Section 3.17.110.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
The failure to pay a benefit assessment when due shall be subject to the following penalties. A penalty equal to 50 percent of the delinquent assessment amount shall be added to the delinquent assessment. An additional penalty equal to 10 percent of the delinquent assessment amount plus all penalties thereon shall be added on the last calendar day of each month after the first full month following the date of delinquency; provided, however, that the total penalties, exclusive of collection costs, shall in no event exceed 100 percent of the original delinquent assessment amount. Any collection costs incurred by the City or collection agent acting on behalf of the City shall be in addition to and added to the assessment amount due. Such collection costs may include, but are not limited to, attorneys' fees, court costs, agent fees and costs, and servicing fees. No City business license or business occupancy permit shall be knowingly issued or renewed to any business which, at the time of making application for any license or renewal thereof, is indebted to the City for any delinquent benefit assessment as set forth herein.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)
It shall be the duty of every operator responsible for the collection and payment to the City of the assessment imposed by this chapter to keep and preserve, for a period of not less than three years, not including the present calendar year, all records as may be necessary to determine the amount of such assessment as he or she may have been responsible for the collection of and payment to the City, which records the City Manager or his or her designee shall have the right to inspect at all reasonable times. The City may issue a subpoena pursuant to Section 37104 et seq. of the California Government Code or utilize any other lawful means to access and inspect the records of an operator who refuses to make such records available for inspection. The records maintained by the operator under this section shall include, but are not limited to, the following:
A. 
A written report that includes daily records of all the following:
1. 
Name of person occupying the room;
2. 
Number or other identifier of the room occupied;
3. 
Room rate;
4. 
Actual amount charged, if any, for the occupancy; and
5. 
Method of payment.
B. 
Written record of each occupancy charge for which an exemption is claimed, including the name of the person occupying the room, date(s) of occupancy, reason(s) for the exemption, and the exemption claim form required under Section 3.17.100.
(Ord. 1702, Added, 02/24/2004; Ord. 1882, Amended, 06/09/2015)