(A) Members. The Commission shall be composed of seven members. Unless otherwise specified, the members shall be appointed by the joint action and agreement of the Nicholasville City Mayor, the Wilmore City Mayor and the Jessamine County Judge Executive, as set forth herein.
(B) Appointment of members. In the absence of both a local hotel and motel association and a local restaurant association at the time of the establishment of the Commission, the initial Commission members shall be appointed as follows.
(1) Initial appointments. Unless otherwise specified, the following initial members of the Commission shall be appointed by the joint decision of the Mayor of Nicholasville, the Mayor of Wilmore and the County Judge Executive of Jessamine County, to wit:
(a) Three commissioners representing local hotels or motels, one of whom shall be appointed in the sole discretion of the Mayor of the City of Wilmore;
(b) One commissioner representing local restaurants;
(c) One commissioner shall be appointed from a list of three or more names submitted by the Jessamine County Chamber of Commerce;
(d) One commissioner shall be appointed in the sole discretion of the Jessamine County Judge Executive;
(e) One commissioner shall be appointed in the sole discretion of the Mayor of the City of Nicholasville.
(2) Subsequent appointments and vacancies. All appointments or re-appointments made after the date of the initial appointments described in division (B)(1) shall be made as follows.
(a) In the event that no local hotel association exists and/or no local restaurant association exists at the time, and it shall become necessary to fill an expired term or other vacancy, all such subsequent appointments or vacancies shall be filled in the same manner that the original appointment was made.
(b) In the event that a local hotel association exists at the time and it shall become necessary to fill an expired term or other vacancy, all such subsequent appointments or vacancies shall be filled as follows.
1. Two commissioners shall be jointly appointed from a list of three or more names submitted by the local city hotel and motel association, and one commissioner shall be appointed from a list of three or more names submitted by the local county hotel and motel association, provided that if only one local hotel and motel association exists that covers both the city and county, then three commissioners shall be jointly appointed from a list of six or more names submitted by it.
2. A local city or county hotel and motel association shall not be required to be affiliated with the Kentucky Hotel and Motel Association to be recognized as the official local city or county hotel and motel association.
(c) A local hotel and motel association must be a legal, non-profit entity formed in the state and recognized by the Kentucky Secretary of State as active and in good standing. Furthermore, in order to be recognized by this subchapter as a local hotel and motel association, it must:
1. Permit the admission of any and all lodging establishments within the geographic bounds of the county, whether they are hotels, motels, or bed and breakfasts;
2. Maintain reasonable financial dues that permit participation in the association by all those who desire to do so;
3. Maintain a board of directors of no less than seven members, which shall be comprised of employees, agents or owners of any major chain hotel, independent hotel, bed and breakfast or industry partner that currently operates within the geographic boundaries of the county;
4. Must appear before the legislative bodies of the participating governments at regularly scheduled meetings and submit its bylaws for approval by those bodies. The bylaws will only be reviewed and approved in the event it can prove to the legislative bodies that it:
a. Has been in existence for no less than two years at the time it submits its bylaws for review by the legislative bodies of the participating governments; and
b. Has as members more than 50% of all hotels, motels and bed and breakfasts in existence within the geographic boundaries of the county at the time it submits its bylaws for review by the legislative bodies of the participating governments.
(d) In the event that a local restaurant association exists at the time and it shall become necessary to fill an expired term or other vacancy, all such subsequent appointments or vacancies shall be filled as follows:
1. One commissioner shall be jointly appointed from a list of three or more names submitted by the local restaurant association or associations.
2. A local restaurant association or associations shall not be required to be affiliated with the Kentucky Restaurant Association to be recognized as the official local restaurant association or associations.
(e) A local restaurant association must be a legal, non-profit entity formed in the state and recognized by the Kentucky Secretary of State as active and in good standing. Furthermore, in order to be recognized by this subchapter as a local restaurant association, it must:
1. Permit the admission of any and all restaurant businesses within the geographic bounds of the county, including major chain restaurants, independent restaurants, bars and food trucks;
2. Maintain reasonable financial dues that permit participation in the association by all those who desire to do so;
3. Maintain a board of directors of no less than seven members, which shall be comprised of employees, agents or owners of any major chain restaurants, independent restaurants, bars, food trucks or industry partners that currently operate within the geographic boundaries of the county;
4. Must appear before the legislative bodies of the participating governments at regularly scheduled meetings and submit its bylaws for approval by those bodies. The bylaws will only be reviewed and approved in the event that it can prove to the legislative bodies that it has:
a. Been in existence for no less than two years at the time it submits its bylaws for review by the legislative bodies of the participating governments; and
b. Has as members more than 50% percent of all major chain restaurants, independent restaurants, bars and food trucks in existence within the geographic boundaries of the county at the time it submits its bylaws for review by the legislative bodies of the participating governments.
(f) In the event that no chamber of commerce exists when it shall be necessary to fill an expired term or other vacancy, all such subsequent appointments or vacancies shall be filled by the joint decision of the city mayors and the County Judge Executive from persons residing within the jurisdiction of the Commission and representing local businesses.
(g) Vacancies on the Commission of members appointed under the terms of divisions (B)(1)(d) and (e) shall be filled in the same manner that the original appointment was made.
(h) Any candidate submitted for appointment to the Commission pursuant to divisions (B)(2)(a), (b) or (c) shall be appointed by the appropriate chief executive officer or officers within 30 days of the receipt of the required list or lists.
(C) Term. Commissioners shall be appointed for terms of three years, provided, that in making the initial appointments, the appropriate chief executive officer or officers shall appoint two commissioners for a term of three years, two commissioners for a term of two years, and three commissioners for a term of one year. There shall be no limitation on the number of terms to which a commissioner is reappointed. Upon the expiration of the term of any member, such member may continue to serve without restriction until replaced.
(D) Removal of a commissioner. A commissioner may be removed from office, by joint or separate action, of the appropriate chief executive officer or officers of the local governing body or bodies that established the Commission, as provided by KRS 65.007.
(E) Officers and employees. The Commission shall elect from its membership a chairman and a treasurer, and may employ personnel and make contracts necessary to carry out the purpose of KRS 91A.350 to 91A.390. The contracts may include, but shall not be limited to, the procurement of promotional services, advertising services, and other services and materials relating to the promotion of tourist and convention business. Contracts of the type enumerated shall be made only with persons, organizations, and firms with experience and qualifications for providing promotional services and materials, such as advertising firms, chambers of commerce, publishers, and printers.
(F) Books and audits. All books of the Commission and its account(s), as established pursuant to KRS 91A.390(2), shall be audited as provided in the applicable sections of the Kentucky Revised Statutes, as amended. An independent certified public accountant or auditor of public accounts shall make a report to the Commission, to the associations submitting lists of names from which Commission members are selected, to the appropriate chief executive officer or officers, to the State Auditor of Public Accounts, and to the local governing body or bodies that established the Commission that was audited. A copy of the audit report shall be made available by the Commission to members of the public upon request and at no charge.
(Ord. 5-17, passed 6-19-2017)