A. The boundaries of the Business Improvement District shall be all lodging establishments /properties zoned for business or commercial purposes within the corporate limits of the City of Custer; A lodging establishment is any building or other structure and property or premises (except for a licensed bed and breakfast) having:
1. Units or rooms that are kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay to transient guests as defined by SDCL 34-18-1 (14); and,
2. Which is open for business two or more months per calendar year; and,
3. Which has less than thirty (30) percent of its available units or rooms occupied for pay by the same guests ninety (90) or more consecutive calendar days per year.
B. Lodging establishments within the Business Improvement District which do not meet one (1) or more of the above criteria may petition to be included in the Business Improvement District.
C. All the lodging establishments which meet the criteria enumerated herein at the time of this ordinance are automatically in the Business Improvement District. Lodging establishments which meet the criteria enumerated herein that are built, constructed, or established after the enactment of this ordinance are also automatically in the Business Improvement District. Lodging establishments which meet the criteria at the time of the enactment of this Ordinance but subsequently, for whatever reason, fail to meet the criteria herein still automatically remain in the Business Improvement District. Lodging establishments which at any time do not meet the criteria enumerated herein but voluntarily petition to be a part of the Business Improvement District are permanently in the Business Improvement District and cannot voluntarily remove themselves from the Business Improvement District, just as any lodging establishments which are automatically in the Business Improvement District cannot remove themselves voluntarily.
(Ord. 650 (part), 2008)