CHAPTER 8
BUSINESS IMPROVEMENT DISTRICT 4

SECTION:

2-8-1: Establishment Of District

2-8-2: Boundaries Of Business Improvement District Number 4

2-8-3: New Properties With Business Improvement District Number 4

2-8-4: Purpose Of The District

2-8-5: Occupational Tax Imposed

2-8-6: Duty To Account For Complimentary And Leased Rooms

2-8-7: Computation And Collection Of Occupational Tax

2-8-8: Certified Report Required Along With Occupation Tax Payment

2-8-9: Failure To Pay Occupational Tax

2-8-10: Payment Of Fees

2-8-11:    Costs Incurred By The City In Administering The Occupational Tax

2-8-12:    Business Improvement District Number 4 Board

2-8-13:    Severability

2-8-14:    Reporting

2-8-15:    Dissolution Of The District

2-8-1: ESTABLISHMENT OF DISTRICT:

Pursuant to the provisions of SDCL Chapter 9-55, Business Improvement District Number 4 (BID 4) of the City is hereby created. A resolution designating the boundaries of the business area and appointing members to the BID 4 board was approved by City Council on August 7, 2023. Upon receiving the recommendation of the BID 4 board, a resolution of intent to create BID 4 was approved by the City Council on August 21, 2023. The public hearing on creation of BID 4 was held in the City Council Chambers, located at 612 N. Main, Mitchell SD 57301 on October 2, 2023. (Ord. O2023-07, 10-16-2023)

2-8-2: BOUNDARIES OF BUSINESS IMPROVEMENT DISTRICT NUMBER 4:

   A.   The boundaries of BID 4 are as follows: That property within the City boundaries which is zoned and used for hotel, motel, or lodging establishment excluding any hotel, motel, or lodging establishment with less than twenty-eight (28) rooms, unless the hotel or motel elects to be included within the district.

   B.   A list of all properties included in BID 4, which list shall identify the name of the hotel, motel, or lodging establishment, the number of sleeping rooms and each property's address, shall be kept on file in the Finance Office. The initial list shall contain all properties currently included in BID 4. If a property no longer meets the criteria for inclusion in BID 4, the owner or proprietor of the hotel, motel, or lodging establishment shall provide the Finance Officer with a sworn, written statement setting forth the relevant change in property or operation that disqualifies the hotel, motel, or lodging establishment. The Finance Officer shall remove the hotel, motel, or lodging establishment if the statement shows the hotel, motel, or lodging establishment no longer qualifies for inclusion in BID 4. (Ord. O2023-07, 10-16-2023)

2-8-3: NEW PROPERTIES WITHIN BUSINESS IMPROVEMENT DISTRICT NUMBER 4:

Pursuant to SDCL 9-55-4, the City Council may add, by resolution, hotel, motel, or lodging establishment properties with twenty-eight (28) or more rooms which were not in operation or did not meet the occupancy threshold at the time of BID 4's creation. (Ord. O2023-07, 10-16-2023)