(a) Application of Proceeds. The net proceeds of the tax collected and remitted to the taxing authority pursuant to this article shall be deposited into the general revenue fund of the City of Westover, and after appropriation thereof shall be expended only as provided in subsections (b) and (c) of this section.
(b) Required Expenditures. At least fifty percent (50%) of the net revenue receivable during the fiscal year by a county, or a municipality, pursuant to this article shall be expended in the following manner for the promotion of conventions and tourism: If a Convention and Visitor's Bureau is located within the City of Westover, Council shall appropriate the percentage required by this subsection (b) to that Bureau. If a Convention and Visitor's Bureau is not located within the City of Westover, but such a Bureau is located within Monongalia County, then the percentage appropriation required by this subsection (b) shall be appropriated to such Convention and Visitor's Bureau located within the County. If a Convention and Visitor's Bureau is not located within the County, then the percentage appropriation required by this subsection (b) shall be appropriated as follows:
(1) Any hotel located within the City of Westover may apply to the City for an appropriation to such hotel of a portion of the tax authorized by this article and collected by such hotel and remitted to such municipality, for uses directly related to the promotion of tourism and travel, including advertising, salaries, travel, office expenses, publications and similar expenses. The portion of such tax allocable to such hotel shall not exceed seventy-five percent (75%) of that portion of such tax collected and remitted by such hotel which is required to be expended pursuant to subsection (b) hereof; provided, that prior to appropriating any moneys to such hotel, it shall submit a budget setting forth the proposed uses of such moneys, which budget must be approved by Council prior to making any remittance hereunder. Council, in deciding whether or not to approve all or part of the requested budget submitted by such hotel operator, shall base its decision upon whether or not travel and tourism within the City of Westover will be best promoted by denying such budget request, in whole or in part, and paying out the taxes collected hereunder as set forth in subsection (b)(2).
(2) The balance of net revenue required to be expended by subsection (b) hereof shall be appropriated to the regional travel council serving the area in which the Municipality is located.
(c) Permissible Expenditures. After making the appropriation required by subsection (b) hereof, the remaining portion of the net revenues receivable during the fiscal year by the City of Westover, pursuant to this article, may be expended for one or more of the purposes set forth in this subsection, but for no other purpose. The purposes for which expenditures may be made pursuant to this subsection are as follows:
(1) The planning, construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, equipment, maintenance, repair and operation of publicly owned convention facilities including but not limited to arenas, auditoriums, civic centers and convention centers;
(2) The payment of principal or interest or both on revenue bonds issued to finance such convention facilities;
(3) The promotion of conventions;
(4) The construction or maintenance of public parks, tourist information centers and recreation facilities (including land acquisition); or
(5) The promotion of the arts.
(d) Definitions. For purposes of this section, the following terms are defined:
(1) "Convention and Visitor's Bureau" and "Visitor's and Convention Bureau" are interchangeable, and either shall mean a nonstock, nonprofit corporation with a full-time staff working exclusively to promote tourism and to attract conventions, conferences and visitors to the City of Westover or Monongalia County, in which such Convention and Visitor's Bureau or Visitor's and Convention Bureau is located.
(2) "Convention Center" means a convention facility owned by the State, a County, or Municipality or other public entity or instrumentality and shall include all facilities, including armories, commercial, office, community service and parking facilities, and publicly owned facilities constructed or used for the accommodation and entertainment of tourist and visitors, constructed in conjunction with the convention center and forming reasonable appurtenances thereto.
(3) "Fiscal year" means the year beginning July 1 and ending June 30 of the next calendar year.
(4) "Net proceeds" means the gross amount of tax collections less the amount of tax lawfully refunded.
(5) "Promotion of the arts" means activity to promote public appreciation and interest in one or more of the arts. It includes the promotion of music for all types, the dramatic arts, dancing, painting and the creative arts through shows, exhibits, festivals, concerts, musicals and plays.
(6) "Recreational facilities" means and includes any public park, parkway, playground, public recreation center, athletic field, sports area, stadium, skating rink or arena, golf course, tennis courts and other park and recreation facilities, whether of a like or different nature, that are owned by a county or municipality.
(7) "Regional Travel Council" means a nonstock, nonprofit corporation, with a full-time staff working exclusively to promote tourism and to attract conventions, conferences and visitors to the region of the State served by the Regional Travel Council.
(Passed 8-14-85.)