(a) Name. The name of this organization shall be Martinsburg-Berkeley County Convention and Visitor's Bureau. The letters, "MBCCAVB" may be officially used to designate the organization, it's units or members thereof.
(1) This shall be a non-profit, non-political, and non-sectarian organization of voluntary membership.
(2) Individuals cannot be denied membership in the Martinsburg-Berkeley County Convention and Visitor's Bureau because of race, sex, creed, religion, or national origin.
(b) Purpose.
(1) Primary purpose. The primary purpose of this non-stock, non-profit organization is to enhance the economic climate of Martinsburg and Berkeley County by developing and promoting the tourist resources and convention attractions.
(2) Contributory purposes:
A. Revitalize the economy of Martinsburg and Berkeley County through developing tourist potential.
B. Identify and develop community resources for tourism.
C. Enhance communication among those community groups conducting tourist development activities.
D. Coordinate activities designed to promote tourism.
E. Develop a long-range tourist development plan for Martinsburg and Berkeley County.
F. Publicize tourism objectives.
G. Collect data relating to the affect of tourism on our economic well-being.
H. Disseminate information conducive to promoting specific tourism projects in our area.
I. Facilitate the working relationships between governmental agencies and the private sector interested in tourism.
(c) Organization. The Martinsburg-Berkeley County Convention and Visitor's Bureau is an organization concerned with enhancing the economic vitality of the local community by promoting the industry of tourism. The organization is intended to complement, not supplant the efforts of other groups involved in the tourism industry. The fiscal year for this organization shall be July 1 to June 30.
(d) Membership. Powers and Duties. The MartinsburglBerkeley County Visitor's and Convention Bureau shall be governed by a seven member board of directors selected as follows:
(1) Martinsburg appointees. Three members shall be chosen by the Mayor with the consent of the Martinsburg City Council, of whom at least two may be engaged in the travel/tourism industry. The third appointee may be City Council member, administrative employee, or a public member selected from groups such as, but not limited to, Downtown Martinsburg, the Chamber of Commerce, the Berkeley County Historical Society, the Parks and Recreation Board, or from any other organization related to tourism and visitor promotion as deemed appropriate by the Martinsburg City Council.
(2) Berkeley County appointees. Three members shall be chosen by the Berkeley County Commission, of whom at least two must be engaged in the travel/tourism industry. The third may be a County Commissioner, administrative employee, or public member selected from groups such as, but not limited to, the Chamber of Commerce, the Berkeley County Historical Society, the Parks and Recreation Board, or from any other organization related to tourism and visitor promotion as deemed appropriate by the Berkeley County Commission.
(3) The seventh member. The seventh member shall be elected annually by the six City and County appointees and shall be engaged in the travel or tourism industry, such appointment to be made subject to the approval and consent of the City of Martinsburg and the Berkeley County Commission.
(4) Terms of members. Members appointed by the City and County governments shall serve for three years with their original terms staggered in such manner that each government shall subsequently appoint one member each year for a three year term. The City and County shall each determine the length of the term for each of their respective three initial appointees.
(5) Travel/tourism industry defined. Travel and tourism industry is herein defined as any business or organization involved in lodging, retail shopping, restaurant, entertainment or promotion that caters to and attracts consumers primarily from outside the Berkeley County area. The qualification for any appointee to be appointed to the Martinsburg-Berkeley County Visitor's and Convention Bureau as a member of the travel and tourism industry shall be at the sole discretion of the appointing authority, that is, the City of Martinsburg and the Berkeley County Commission, and in the case of the annually appointed seventh member, at the sole discretion of the six sitting City of Martinsburg and Berkeley County Commission appointees.
(6) Election of officers. The officers of the Visitor's Bureau shall be a President, Vice President, Secretary, and Treasurer who shall be elected from among the voting members of the Visitor's Bureau for one year terms at the annual meeting which shall be the first meeting following the appointment of the new members by the City and County.
(7) Duties of officers.
A. The President shall preside at meetings of the MBCCA VB, shall appoint committees not otherwise provided for, shall authorize calls for special meetings, shall see that all orders and resolutions of the MBCCA VB are carried into effect, and generally perform the duties pertaining to the office. He shall be ex-officio member of each committee.
B. The Vice President shall assist the President and perform the duties of the President in his absence.
C. The Secretary to the MBCCA VB shall send notices and keep minutes of all meetings of the MBCCA VB.
D. The President, Vice President, or Treasurer shall have the power to sign vouchers and checks. All vouchers and checks shall require two signatures.
(8) Establishment of executive committee. The elected officers of the Board shall serve as an executive committee and shall be empowered to act for the Board between meetings or in situations where it is not possible to convene a meeting of the entire Board.
(9) Meeting schedule. The Visitor's Bureau shall meet at least quarterly and at other times the call of the President or of any four members of the Board of Directors. The dates of quarterly meetings shall be set at the annual meeting of each year. All meetings of the Visitors Bureau shall conform to and be governed by the Provisions of West Virginia Code 6-9A-1 et seq.
(10) Power and duties of the Visitor's Bureau.
A. Expend all funds allocated to the Visitors Bureau from hotel/motel taxes and from other sources in the promotion of travel and tourism.
B. Hire and direct employees to carry out its functions at least one of whom shall be full time devoted exclusively to the promotion of tourism.
C. Lease space and purchase office furnishings for offices.
D. Enter into contracts necessary to carry out its mission.
E. Raise finances from other sources to carry out its mission such as, but not limited to:
1. Voluntary membership dues from tourist businesses;
2. Advertising on Visitor's Bureau maps, brochures, and publications;
3. Contributions from individual businesses to fund special literature distributions, take part in conventions and meetings, and other activities not a part of ordinary operations.
F. Stage special events to benefit the travel/tourist industry.
(11) Annual financial report. The Visitor's Bureau shall maintain a complete and accurate statement of revenues and expenses and shall submit the same in quarterly financial statements to the City of Martinsburg and the Berkeley County Commission and shall submit the same at least annually for audit by the City of Martinsburg, the Berkeley County Commission, or the West Virginia Tax Commission.
(12) Use of taxes not allotted for tourist promotion. The Visitor's Bureau shall be responsible only for those funds turned over to it pursuant to the West Virginia law empowering political subdivisions to enact hotel/motel taxes and to set up Visitor's and Convention Bureaus. Any funds from the one half of taxes collected which may be spent at the discretion of the political subdivisions and which are not turned over to the Visitor's Bureau for tourists promotion, shall be allocated by the governments of either Martinsburg or Berkeley County.
(Ord. 92-20. Passed 12-12-92.)