Sec. 33-2. - Definitions.

Except where the context otherwise requires, as used in this chapter:

"Administrative fee" means a fee equal to the actual costs of collection and administration, not to exceed two percent (2%) of the amount of assessments collected, which a collecting entity is entitled to retain from the assessments collected within their respective territorial jurisdictions.

"Advisory board" means the advisory board appointed by the board of supervisors pursuant to this chapter.

"Annual report" means the annual report required by Section 36533 of the law.

"Area" means the Sonoma County Tourism Business Improvement Area created by this chapter and as delineated in Section 33-3.

"Assessment" means the levy imposed by this chapter for the purpose of funding activities and programs promoting tourism in the area.

"Board of supervisors" means the board of supervisors of the county of Sonoma.

"City" or "cities" shall mean, individually or collectively, as the context may required, the various cities or towns of Sonoma County, excluding those cities and towns that have not consented to the imposition of assessments within their territorial jurisdiction.

"City council" means a city council of a city.

"Collecting entity" means (1) for lodging establishments located within the territorial jurisdiction of a city that has entered into an administrative agreement with the county pursuant to Section 33-6, the city in which the lodging establishment is located; and (2) for all other Lodging establishments, the Sonoma County tax collector.

"Contractor" means a non-profit or for-profit entity with which the county of Sonoma contracts to carry out the services, activities, and programs to be funded by revenues from assessments.

"County" means the county of Sonoma.

"Lodging" means any accommodation consisting of one (1) or more rooms or other living spaces which are occupied or intended Or designed for occupancy by transients for dwelling, lodging, or sleeping purposes. Such term includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, recreational vehicle park, or public or private campground. The term "lodging" does not include an organized camp, as that term is defined in Section 18897 of the Health and Safety Code, or any establishment operated by a public or non-profit entity exclusively for the purpose of providing temporary shelter for the homeless.

"Marketing activities" means activities designed to market the area as a tourist destination, including the expenditure of funds to place advertising in any media, conduct public relations campaigns, perform marketing research, promote conventions and trade shows, and foster improved contacts within the travel industry, for the purpose of promoting tourism within the area.

"Occupancy" means the use or possession, or the right to the use or possession, of any one (1) or more rooms or portion thereof, or other living space, in any lodging for dwelling, lodging, or sleeping purposes.

"Operator" means the person who is the owner of a lodging business, whether in the capacity of an owner, lessee, sublessee, mortgagee in possession, or licensee of the real property upon which the lodging business is located, or other capacity. When the operator performs his or her 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 article, and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this article by either the principal or the managing agent shall, however, be considered compliance by both. For purposes of the imposition of assessments pursuant to Section 33-5, (a) the term "operator of a lodging establishment" shall include persons or entities who manage the rental of individual residential units to transients, even if such units are not owned by such operator, and (b) whether such operator generated rent of more than three hundred fifty thousand dollars ($350,000.00) in the prior fiscal year shall be determined by the aggregate total of rent received from all individual residential units managed by such operator during such fiscal year.

"Parking and Business Improvement Area Law of 1989" or "law" means the provisions of California Streets and Highways Code Sections 36500 to 36551, as they now exist or are hereafter amended. Businesses in the area shall be subject to any amendments to the law.

"Person" means an 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, or any public agency.

"Rent" means the consideration charged, whether or not received, for the occupancy of a space in a lodging valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, and services of any kind or nature, without deduction therefrom whatsoever.

"Room or other living space" means a room or any portion of any room in any lodging; any tent cabin or any space designated for location of a mobile home or house trailer, tent trailer, recreational vehicle, tent, or other movable living space.

"Sonoma County tourism bureau" or "SCTB" means the Sonoma County Tourism Bureau, Inc., a California nonprofit mutual benefit corporation.

"Sonoma County tourism business improvement area" means that area created by this chapter as a business improvement area pursuant to the Parking and Business Improvement Area Law of 1989.

"Sonoma County tourism business improvement area fund" or "fund" means the fund created pursuant to Section 33-7 of this chapter.

"Tax collector" means the Sonoma County tax collector.

"Transient" means any person who exercises occupancy or who is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a lodging shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

(Ord. No. 5525 § 2, 2004.)