(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 and after appropriation thereof shall be expended only as provided in subsections (b) and (c) hereof.
(b) Required Expenditures. At least fifty percent (50%) of the net revenue receivable during the fiscal year by the taxing authority pursuant to this article shall be expended in the following manner for the promotion of conventions and tourism:
(1) If a convention and visitor's bureau is located within the Municipality, the governing body shall annually appropriate at least the percentage required by this subsection (b) to that bureau. If a convention and visitor's bureau is not located within the Municipality, but such a bureau is located within Ohio County, then the percentage required by this subsection (b) shall be appropriated to such convention and visitor's bureau located within Ohio County. If a convention and visitor's bureau is not located within Ohio County, then the percentage appropriation required by this subsection (b) shall be appropriated as follows:
A. Any hotel located within the City may apply to the taxing authority for an appropriation to such hotel of a portion of the tax authorized by this article and collected by such hotel and remitted to the taxing authority, 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) of this section; provided, that prior to appropriating any moneys to such hotel, a budget setting forth the proposed uses of such moneys shall be submitted to, and approved by, the taxing authority.
B. The balance of net revenue required to be expended by subsection (b) hereof shall be appropriated to the regional travel council, i.e. the Northern West Virginia Travel Association, a.k.a., The Upper Ohio Valley Travel Council.
(2) Legislative finding: Council hereby finds that the support of convention and visitor's bureaus, hotels and the regional travel council is a public purpose for which funds may be expended. Local convention and visitor's bureaus, hotels and the regional travel council receiving funds under this subsection (b) may expend such funds for the payment of administrative expenses, and for the direct or indirect promotion of conventions and tourism, and for any other uses and purposes authorized by subsection (b)(1) hereof.
(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 taxing authority, 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, the Wheeling Civic Center 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) 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.
(2) "Convention Center" means a convention facility owned by the State, Ohio County, the City or other public entity or instrumentality and shall include all facilities, including commercial, office, community service and parking facilities, and publicly-owned facilities constructed or used for the accommodation and entertainment of tourists 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 any public park, parkway, playground, public recreation center, athletic field, sports areana, stadium, skating rink or arena, golf course, tennis court or other park and recreation facility, whether of a like or different nature, that is owned by the City.
(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 this State served by the regional travel council.
(Ord. 8606. Passed 7-23-85.)
(Ord. 8606. Passed 7-23-85.)