(A) Creation of Commission. The City of Midway hereby joins with Woodford County, Kentucky and the City of Versailles, Kentucky in that commission hereafter to be known as the Versailles-Midway-Woodford County Tourist Commission.
(B) Appointment and terms of Commissioners. The Commission shall be composed of 7 members to be appointed by the Judge/Executive, Mayor of Versailles, and the Mayor of Midway in the manner set forth in KRS 91A.360 and any successor legislation. Pursuant to KRS 91A.360(1)(d), 1 member of the Commission shall be appointed by the Judge/Executive and 1 member of the Commission shall be appointed by the Mayor of Versailles. One member of the Commission, as described under KRS 91A.360(a), (b) or (c), shall be appointed by the Mayor of Midway.
(C) Organization, duties and responsibilities of Commission.
(1) The Commission shall elect from its members a Chairperson and a Treasurer, and may employ such personnel and make contracts as to carry out the purpose of KRS 91A.350 to 91A.390.
(2) The Commission shall quarterly submit to the Fiscal Court and each city a report of the operation of the Commission during the preceding year. Any request for funds for the operation of the Commission for the ensuing year, which funds shall be over and above those designated for operation of the Commission in division (D)(7) below, shall be accompanied by a proposed Commission budget requested for the year in which the funds requested will be used; provided, however, neither the Fiscal Court nor either city shall be obligated to include an appropriation in its budget for the Commission that exceeds 1/3 of the net tax collected under this section during the next previous fiscal year.
(D) Imposition of transient room tax.
(1) For the purpose of operation of the Tourist and Convention Commission and to finance the cost of acquisition, construction, operation and maintenance of facilities useful in the attraction and promotion of tourist and convention business, there is hereby imposed and levied a transient room tax of 3%.
(2) On and after April 1, 1993, every person, company, corporation or other like or similar persons, groups or organizations doing business as motor courts, motels, hotels, inns or like or similar business supplying accommodations in Woodford County, shall pay quarterly into the County Treasury, for periods ending March 31, June 30, September 30 and December 31 of each year, a transient room tax of 3% of the gross rent for every occupancy of a suite, room or rooms charged and collected by them during the quarterly periods. This tax shall be due and payable on or before the last day of the month next following the last day of each quarterly period, together with a return on a form furnished by or obtained from the Woodford County Treasurer setting an aggregate amount of gross rentals charged and collected during the preceding quarter for every occupancy to which the transient room tax applies, together with other pertinent information as the Woodford County Treasurer may require, including copies of U.S. and Kentucky income tax returns of the business involved.
(3) Any tax imposed by this section which shall remain unpaid after it becomes due, as set forth herein, shall have added to it a penalty of 10%, together with interest at the rate of 0.5% for each month of delinquency, or fraction thereof, until paid.
(4) The tax imposed by this section shall be charged under the same regulations that apply to the state sales tax.
(5) The tax imposed by this section shall be in addition to other general taxes and the occupational or business license tax.
(6) In consideration of collection and bookkeeping expenses incurred in the collection of this tax, Woodford County Fiscal Court shall be paid a fee of 3% of all room taxes collected, including interest and penalty collected thereon. All receipts, payments and controls utilized by the county relating to the collection of the room tax shall be included in the annual audit for the county as prescribed by the Kentucky Revised Statutes.
(7) After the fee referenced to in division (D)(6) above has been deducted, the balance of all room taxes collected shall be designated as funds to be utilized in the promotion of tourism in Versailles, Midway and Woodford County, 1/3 of the amount designated thereof shall be considered an appropriation from Woodford County, 1/3 from the City of Versailles, and 1/3 from the City of Midway, and shall be available to the Versailles-Midway-Woodford County Tourist Commission as operating funds to accomplish its purposes as set forth herein.
(8) No revenue bonds may be issued by the Commission without the prior approval and consent by the Woodford County Fiscal Court, the Versailles City Council and the Midway City Council.
(E) Violations. Any person who shall fail, neglect or refuse to make any return required by this section, or any person who shall refuse to permit the Woodford County Treasurer or of any agent designated by him or her in writing to examine his or her books, records and papers, or who shall knowingly make any incomplete, false or fraudulent return, or who shall attempt to do anything whatever to avoid the full disclosure of the amount of gross rent for the above purpose in order to avoid the payment of the whole or any part of this tax shall, upon conviction, be subject to the provisions of § 32.99.
(Ord. 2001-007, passed 11-19-2001) Penalty, see § 32.99