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0913 ,;8 \",," ORDINANCE NO. 9 1 3 (#14-89) AN ORDINANCE LEVYING A TAX OF ONE PERCENT (1%) UPON THE GROSS RECEIPTS OF HOTELS, MOTELS AND RESTAURANTS, PRESCRIBING THE USES THEREFOR, CREATING THE CITY OF JACKSONVILLE ADVERTISING AND PROMOTION COMMISSION, AND FOR OTHER PURPOSES WHEREAS, it is the purpose of this ordinance to enable the City of Jacksonville, Arkansas (the "City'~), to expand its tourism promotion programs and projects to enhance the revenues and other benefits derived from tourism and recreation and thereby to improve the quality of life of all residents of the City, all pursuant to the Constitution and laws of the state of Arkansas, including Arkansas Code of 1987 Annotated, Title 26, Chapter 75, Subchapter 6 (the "Acttl). NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jacksonville, Arkansas: SECTION 1. (a) A tax of one percent (1%) is hereby levied on the gross receipts or gross proceeds received from the renting, leasing or otherwise furnishing of hotel, motel or like short-term accommodations for lodging, meeting or party facilities for profit in the City; but such accommodations shall not include the rental or lease of such accommodations for periods of thirty (30) days or more; and (b) A tax of one percent (1%) is hereby levied on the por- tion of the gross receipts or gross proceeds received by restau- rants, cafes, cafeterias, delis, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store restaurants, and similar businesses from the sale of prepared food and beverages for consumption on the premises and' off the premises, except that such tax shall not apply to such gross receipts or gross proceeds of fraternal organizations qualified under Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, as set forth in the Act. SECTION 2. (a) The tax described in this ordinance shall be paid by the persons, firms and corporations liable therefor and shall be collected by the Advertising and Promotion Commission of the City (the "Commission"), or by a designated agent of the Com- mission, in the same manner and at the same time as the tax levied by the Arkansas Gross Receipts Act of 1941, Arkansas Code of 1987 Annotated, Title 26, Chapter 52. (b) The person collecting the tax shall pa.y a,nd report the tax on forms provided by the Commission and as directed by the Commission. The rules, regulations, forms of notice, assessment procedures, enforcement and collection of the tax levied by the Arkansas Gross Receipts Act of 1941 shall, so far as is practi- cable, be applicable with respect to the enforcement and col- lection of the tax described herein. However, the administration and enforcement and all actions shall be by, and, in the name of, the Commission through the proper Commission officia,ls or agents. (c) The tax levied by this ordinance shall be collected from the purchaser or user of the food or accommodations by the person selling such food or furnishing such accommodations. Such person shall pay to the City on the twentieth day of each month all col- lections of the tax for the preceding month, accompanied by reports on forms to be prescribed by the Commission. SECTION 3. (a) There is hereby created the City of Jackson- ville Advertising and Promotion Commission, which shall be composed of seven (7) members as follows: (1) Four (4) members shall be owners or managers of businesses in the tourism industry, at least three (3) of whom shall be owners or m~nagers of hotels, motels! or restaurants, ~~;' and all of whom shall be appointed by the City Council for stag- gered terms of four (4) years; and (2) Two (2) members of the Commission shall be members of the City Council of the City, selected by the City Council; and (3) One (1) member shall be from the public at large and shall be nominated by the Mayor and approved by the City Council for a term of four (4) years. (b) The four (4) tourism industry representatives appointed to the Commission shall, at the first meeting of the Commission, draw lots for terms established as follows: (1) One (1) member shall serve for a term of one (1) year; and (2) One (1) member shall serve for a term of two (2) years; and (3) One (1) member shall serve for a term of three (3) years; and (4) One (1) member shall serve for a term of four (4) years. SECTION 4. (a) All taxes collected pursuant to this ordi- nance shall be used for the advertising and promotion of the City and its environs, for the construction, reconstruction, extension, equipment, improvement, maintenance, repair and operation of a convention center or public recreation facilities or for other purposes specifically authorized by the Act. (b) The authorization and limitations contained in this ordinance shall be reasonably construed so as to provide funds for promoting and encouraging tourism and recreation, while not authorizing such special revenues to be utilized for expenditures that are normally paid from the general revenues of the City. SECTION 5. If any provision of this ordinance or the appli- cation thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. APPROVED AND ADOPTED THIS DAY OF 1989. CITY OF JACKSONVILLE TOMMY SWAIM, MAYOR ATTEST: LULA M. LEONARD, CI,TY CLERK APPROVED AS TO FORM: KEITH VAUGHAN, CITY ATTORNEY A motion and ~eeond w~ made to plaee O~dinanee 973 on FIRST REAVING. CARRIEV. A motion and /.S eeo nd WM made to ~ u./.S pe.nd the. ltule6and W pent, e. w.dh the ~eading 06 the. O~cUnanee a.6 a whole. M'OTION CARRIEV. (Aetion: Se.ptembeA 21, 1989)