Richmond Municipal Code Ch. 13.57 Richmond Tourism Business Improvement District and the Richmond…

The purpose of this chapter is to establish the Richmond Tourism Business Improvement District, which shall act by and through a nonprofit, mutual benefit corporation with members to be formed by the Richmond Chamber of Commerce. The name of this corporation shall be "The Richmond Convention and Visitors Bureau, Inc." (RCVB).

As used in this chapter:

"Lodging" or "lodging establishments" mean businesses such as hotels, inns or motels, or similar lodging facilities, which cater to casual business or tourist visitors, in whole or in part.

"Marketing programs" mean all manner of advertising and promotional schemes to increase visitation to and within the Richmond Tourism Business Improvement District shall not be construed narrowly.

"Operator," when used in conjunction with a lodging establishment, means the business entity responsible for day-to-day operation of the establishment and which is responsible for the collection of an accounting for accommodation charges.

Pursuant to the Act, the Richmond Tourism Business Improvement District ("District") is hereby created and established, the boundaries of which shall be those of the incorporated territory of the City of Richmond.

The RCVB shall act to promote tourism and business visitation within the District for the benefit of the lodging establishments and other businesses and attractions within the District. To accomplish this, the RCVB shall administer marketing programs to promote the City of Richmond ("City") as a tourist and meeting destination and to fund projects, programs and activities to accomplish this goal.

All lodging establishments within the boundaries of the District established by this chapter shall be subject to any amendments of the Parking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Sections 36500 through 35551, inclusive.

The assessment, $1.50 per room per night for lodging establishments of more than 50 rooms, $1.00 per room per night for lodging establishments with fewer than 50 rooms, is to be levied on all lodging establishments, existing and future, within the Richmond Tourism Business Improvement District in the City. Upon request by the City, lodging establishments shall furnish copies of records to the City or its designee that will allow confirmation that appropriate assessments have been paid.

The City shall collect the assessments provided for herein, acting by and through the RCVB, which shall act as the City's agent for collection. The obligation to enforce this chapter shall remain with the City. The RCVB shall retain and use all such assessments collected in accordance with this chapter.

All protests, both written and oral, are overruled and denied and the City Council finds that there is not a majority protest within the meaning of Section 36523 of the Act.

An accounting of the assessments imposed pursuant to this chapter shall be reviewed by the City Council or its designee agency annually, based upon an annual report prepared at the direction of the Board of Directors of the RCVB, which shall constitute the advisory board appointed in accordance with Sections 36530 and 36533 of the California Streets and Highways Code.

No portion of the revenues from the assessments within the District shall be used to provide improvements outside of the District for any purpose other than for the purposes of the expenses, services, activities and programs as specified in the resolution of intention to form the District, in Section 13.57.025 of this chapter or as modified by the City Council pursuant to compliance with the California Streets and Highways Code Sections 36534 and 36535. Notwithstanding the foregoing, the RCVB also may fund its activities through additional revenues obtained by dues or contributions and use of such funds shall not be so limited.

The assessment imposed by this chapter is levied upon the lodging establishments within the District, and the operator of each lodging establishment shall be solely responsible for paying all assessments when due. Notwithstanding the foregoing, in the event that the operator of a lodging establishment elects to pass on some or all of the assessment to customers of the lodging establishment, the operator of the establishment shall separately identify or itemize the assessment on any document provided to a customer. Assessments levied on the operators of lodging establishments pursuant to this chapter and passed on to customers are not part of a lodging establishment's gross receipts or gross revenues for any purpose, including the calculation of sales or use tax, transient occupancy tax, or income pursuant to any lease. However, assessments that are passed on to customers shall be included in gross receipts for purposes of income and franchise taxes.

(Source: Ordinance No. 2-06 N.S.)