A parking and business improvement district to be known as the "Fortuna business improvement district" (the "district") is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the district shall be as set forth on Exhibit A attached to the ordinance codified in this chapter and on file in the city clerk's office; provided, however, that effective July 1, 2025, the three benefit core areas previously established shall be dissolved as special benefit zones within the district and, instead, such areas shall be considered part of the district, generally.
(90-550 § 1(A); Ord. 2002-636 § 2; Ord. 2010-685 § 1; Ord. 2025-774 § 3 (Exh. A))
For the purpose of calculating the amount of assessment owed, the following definitions shall apply:
"Fiscal year"
means July 1st to June 30th of each year.
"Hospitality"
businesses include all bars, restaurants, hotels, motels and RV parks.
"Professions" and "service"
businesses include general office, attorney, architects, physicians and others in a medical/health service field, news and advertising media, printers, photographers, real estate brokers, builders, service stations, repairing and servicing businesses, renting and leasing businesses, laboratories (including dental and optical), hearing aid services, utilities, artists and designers, vending machine businesses, and other business not included in the "retail" category, as defined in this section.
"Retail businesses"
include all businesses not covered by other definitions set forth in this section at least 50 percent of whose gross income is derived from "retail sales" as that is defined in the California Sales and Use Tax Law. The fact that a substantial part of its business consists of other than retail sales does not exclude the business from classification so long as such other business component does not account for more than 50 percent of such business gross income.
Wholesale and Manufacturing.
"Wholesale" businesses are those that sell (something) in quantity usually, for resale. "Manufacturing" businesses are those that produce something from raw materials by hand or machinery.
(Ord. 90-550 § 1(F); Ord. 2002-636 § 2; Ord. 2025-774 § 3 (Exh. A))
All businesses, trades and professions located within the boundaries shown on Exhibit A attached to the ordinance codified in this chapter and found on file in the office of the city clerk, shall, commencing July 1, 1990, pay a benefit assessment in addition to the city business license fee, in the amounts authorized by the city council in accordance with the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Section 36500 et seq.).
The benefit assessment shall be payable annually during each fiscal year, as provided in FMC § 5.40.080.
(Ord. 90-550 § 1(B); Ord. 94-595 § 2; Ord. 2002-636 § 2; Ord. 2025-774 § 3 (Exh. A))
No one shall be required to pay an assessment based on a residential use within the district.
(Ord. 90-550 § 1(C); Ord. 2002-636 § 2; Ord. 2025-774 § 3 (Exh. A))
A. 
The authorized number of members of the advisory committee of the district shall be five unless modified by an amendment of this chapter.
B. 
The city council shall appoint the advisory committee and prioritize appointments such that the advisory committee is comprised of the following appointments:
1. 
Four representatives from the retail, professional and service, manufacturing/wholesale, and hospitality industries within the district;
2. 
City council liaison, one representative.
C. 
Each member of the advisory committee shall serve a two-year term and may be eligible for reappointment. The city council may stagger terms of the advisory committee members by resolution.
D. 
The advisory committee shall make recommendations and report to the city council on the general expenditure of revenues derived from the levy of assessments pursuant to this chapter, on the classification of businesses, as applicable, and on the method and basis of levying the assessments, among other responsibilities as may be directed by the city council or as required by law.
(Ord. 90-550 § 1(D); Ord. 97-610 § 2; Ord. 2002-636 § 2; Ord. 2010-685 § 2; Ord. 2022-756 § 3; Ord. 2025-774 § 3 (Exh. A))
The funds raised within the district shall be used to promote the entire community. The advisory committee shall determine how these funds are spent.
(Ord. 90-550 § 1(E); Ord. 2002-636 § 2; Ord. 2010-685 § 3; Ord. 2022-756 § 4; Ord. 2025-774 § 3 (Exh. A))
The purposes for which the funds raised by said benefit assessment shall be devoted to the statutory purposes set forth in Section 36500 of the Act, or one or more of said purposes, which are as follows:
A. 
Promotion of public events which are to take place on or in public places in the district;
B. 
Decoration of any public place in the district;
C. 
Furnishing of music in any public place in the district;
D. 
The general promotion of business activities in the district;
E. 
Marketing to fill available space, recruiting and expansion of commercial enterprise.
(Ord. 90-550 § 1(G); Ord. 2002-636 § 2; Ord. 2025-774 § 3 (Exh. A))
The benefit assessment authorized by the ordinance codified in this chapter shall be billed by the city as of July 1st of each fiscal year and shall be paid within 30 days thereafter. Each billing shall represent 100 percent of the annual assessment. It shall be unlawful for any person to transact and carry on any business in the city without first having paid the required Fortuna business improvement district assessment. This obligation shall be enforced by the city, pursuant to the provisions of Chapter 1.08 FMC.
(Ord. 90-550 § 2; Ord. 2002-636 § 2; Ord. 2003-640 § 1)