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HomeMy WebLinkAboutCity of Atascadero Ordinance 568 - ATBID f_. CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 568, adopted by the Atascadero City Council at a regular meeting thereof held on April 23, 2013, and that it has been duly published pursuant to State Law. DATED: k)4 ce�7KD�&� Marcia McClure Torgerson, C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER 16 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE ESTABLISHING THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT (ATBID) WHEREAS, the City Council adopted Resolution No. 2013-004 declaring its intention to establish the Atascadero Tourism Business Improvement District (ATBID), and declaring its intention to levy an assessment on lodging businesses within such District, and fixing the time and place of a public hearing on the formation of the district on April 9th, 2013; and, WHEREAS, a duly noticed public hearing on the formation of the Atascadero Tourism Business Improvement District or "ATBID" was held on April 9th, 2013, on or about 6:00 p.m. in the City Council Chambers of the City of Atascadero pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code section 36500 and following("BID Law"); and, WHEREAS, at the conclusion of the public hearing, the number of protests were counted and it was determined that there was no majority protest within the meaning of the BID Law; and, WHEREAS, the public interest, convenience, and necessity require the establishment of the proposed ATBID; and, WHEREAS, Lodging Businesses (as defined below) operating within the ATBID will benefit by the expenditure of funds raised by the assessments to be used for tourism promotions and marketing programs to promote the City as a tourism destination and to increase transient stays at lodging businesses; and, WHEREAS, this ordinance is intended to provide a supplemental source of funding for the promotion of tourism in the District and it is not intended to replace the I% of transient occupancy tax revenue currently used by the City of Atascadero for the promotion of tourism; and, WHEREAS, this ordinance is not subject to the California Environmental Quality Act ("CEQA") because it is not a "project" under CEQA since it only establishes a government funding mechanism and does not involve any commitment to any specific project which may result in a potentially significant impact on the environment. (Title 14 Cal. Code Regs. § 15378(b)(4).) City of Atascadero Ordinance No. 568 Page 2of5 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 3 of the Atascadero Municipal Code is amended to add Chapter 16, as set forth below: "CHAPTER 16 ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT" 3-16.01 Establishment of the ATBID. 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 and following) (the"BID Law"). 3-16.02 Boundaries of the ATBID. The boundaries of the Atascadero Tourism Business Improvement District are the same boundaries as the corporate boundaries of the City. 3-16.03 Definitions. The following words and phrases used in this ordinance will have the meaning set forth in this section: A. "Lodging Business"has the same meaning as "hotel" in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this Code. B. "Occupancy" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this Code. C. "Operator" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this Code. D. "Rent" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this Code. E. "Tax Administrator"means the City Finance Director. F. "Transient" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this Code. G. "Transient Occupancy Tax" has the same meaning as in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of this code. 3-16.04 Assessment. (a) Assessment. Each Lodging Business will collect and remit to the City an ATBID assessment equal to two percent (2%) of the rent charged by the Business per occupied room or space per night for transient occupancies. City of Atascadero Ordinance No. 568 Page 3 of 5 (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 code 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. City will retain one percent (1%) of the collected assessments as and for its administrative fees and costs. 3-16.05 Use of Assessment Revenues. 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. 3-16.06 Establishment of ATBID Fund. 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 ordinance will be placed. Such funds may only be used only for the purposes specified in this ordinance and the approved annual reports. City of Atascadero Ordinance No. 568 Page 4 of 5 3-16.07 Advisory Board. 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 employees or other representatives holding the written consent of the 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) ATBID Advisory Board members will serve staggered terms with three members serving three-year terms and two members serving two-year terms. (d) The ATBID Advisory Board will be appointed by the City Council, following a nomination process facilitated by the Lodging Businesses. Each February, the then current Advisory Board will mail a letter to each Lodging Business in the ATBID announcing the ATBID Advisory Board seats that are scheduled to become vacant as of July 1 of that calendar year and requesting nominations for the Board from such Lodging Businesses. (e) The City Council will appoint the ATBID Advisory Board members who will serve at the pleasure of the City Council. The Council may, by majority vote, remove any Advisory Board member with or without cause. 3-16.08 Advisory Board Meetings. The Advisory Board will meet no less than quarterly. 3-16.09 Reports. 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: (1) proposed activities, programs and projects for the fiscal year; (2) the approximate cost of such activities programs and projects for the fiscal year; (3) the amount of surplus or deficit revenues carried over from a previous fiscal year; and (4) 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. 3-16.10 City Manager Authority. 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. 3-16.11 Annual Resolution of Intent to Levy Assessment. 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." City of Atascadero Ordinance No. 568 Page 5 of 5 SECTION 2. Effective Date of Initial Assessments. The assessments imposed by this ordinance for the first year of the ATBID will be due and payable beginning on June 1, 2013. SECTION 3. Severability. If any action, section, clause, or phrase of this ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Atascadero declares that it would have passed and does hereby pass this section and each sentence, section, clause, and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses, or phrases to be declared invalid or unconstitutional. SECTION 4. Certification and Publication. The City Clerk is directed to certify the adoption of this ordinance and cause the same to be published in the manner required by law. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice; at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of the ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on April 9, 2013, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on April 23, 2013, by the following roll call vote: AYES: Council Members Fonzi, Kelley and Moreno NOES: None ABSTAIN: Mayor Pro Tem Sturtevant and Mayor O'Malley ABSENT: None CITY OF ATASCADERO By: Council Membet-Aob Kelley ATTEST: Marcia McClure Torgerson, C.M.C., ity Clerk APPROVED AS T FO . Brian A. Pierik, City Attorney