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FULL PACKET_2020-09-15
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FULL PACKET_2020-09-15
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Clerk of the Council
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9/15/2020
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2. Specific Government Service <br />The assessment may also be utilized to provide, "a specific government service or product provided <br />directly to the payor that is not provided to those not charged, and which does not exceed the <br />reasonable costs to the local government of providing the service or product."' The legislature has <br />recognized that marketing and promotions services like those to be provided by the SATMD are <br />government services within the meaning of Proposition 26'. Further, the legislature has determined <br />that "a specific government service is not excluded from classification as a `specific government <br />service' merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the <br />payor as a consequence of providing the specific government service to the payor.116 <br />3. Reasonable Cost <br />SATMD services will be implemented carefully to ensure they do not exceed the reasonable cost of <br />such services. The full amount assessed will be used to provide the services described herein. Funds <br />will be managed by TSA, and reports submitted on an annual basis to the City. Only assessed lodging <br />businesses will be featured in marketing materials, receive sales leads generated from SATMD-funded <br />activities, be featured in advertising campaigns, and benefit from other SATMD-funded services. <br />Non -assessed lodging businesses will not receive these, nor any other, SATMD-funded services and <br />benefits. <br />The SATMD-funded programs are all targeted directly at and feature assessed businesses. It is, <br />however, possible that there will be a spill over benefit to non -assessed businesses. If non -assessed <br />lodging businesses receive incremental room nights, that portion of the promotion or program <br />generating those room nights shall be paid with non-SATMD funds. SATMD funds shall only be <br />spent to benefit the assessed businesses, and shall not be spent on that portion of any program which <br />directly generates incidental room nights for non -assessed businesses. <br />D. Assessment <br />The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on <br />the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive <br />days; stays of any officer or employee of a foreign government who is exempt by reason of express <br />provision of federal law or international treaty; stays pursuant to contracts executed prior to January <br />1, 2021; and stays by any federal or state officer or employee while on official business only and when <br />payment for such occupancy is made directly to the operator by duly authorized voucher payment <br />from a governmental accounting office. This exemption does not exempt a transient who is employed <br />by the United States government or the state or their respective instrumentalities from payment of the <br />assessment when the payment is later to be reimbursed by the United States government or the state <br />or their respective instnunentalities <br />The term "gross room rental revenue" as used herein means: the total consideration charged to <br />transients as shown on the guest receipt for the occupancy of space in a hotel, including charges for <br />equipment (such as rollaway beds, cribs and television set, etc.), and in -room services (such as movies <br />and other services not subject to state taxes), valued in money, whether received or to be received in <br />money, goods, labor or otherwise. It shall include all receipts, cash, credit, property and services of <br />any kind or nature without any deduction therefrom whatsoever. The costs of additional goods and <br />services, which are not "rent," but which may be sold as a package with the room (such as meals, <br />excursions, and recreational services), must be accounted for in accordance with the rules and <br />Cal. Const. artXIII C § 1(e)(2) <br />s Government Code § 53758(b) <br />'Government Code § 53758(b) <br />SATMD Management District Plan 9 <br />March 19, 2020 12A-18 <br />
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