| from the business owners that, in the most recently completed fiscal year, paid 50% or more of the transaction charges or if, in the case of a district that has not completed a fiscal year, written objections are received from business owners that paid 50% or more of the transaction charges following the initial imposition of the transaction charges would be expected to pay, as determined by the last 12 months of State hotel operators' occupation taxes paid, then the governing body may hold a public hearing within 45 days after the anniversary of the district's formation to discuss the written objections. A written objection under this paragraph must be signed by the business owner and dated within 30 days before submission to the clerk and must contain a statement as to why the district should be terminated. Written objections under this paragraph may be submitted only during the 30 days before the anniversary of the district's formation.
|
|
(b) After holding a hearing under paragraph (1) of subsection (a) at which the governing body finds that there has been a violation of law, malfeasance, or misappropriation of funds, the governing body shall: (i) notify the local tourism and convention bureau to remedy the violation within 30 days; or (ii) either in the public meeting held under paragraph (1) of subsection (a) or a separate public meeting, approve a plan for the local tourism and convention bureau to remedy violations. If the local tourism and convention bureau does not remedy the
violations within 30 days after notification or the violations are not remedied according to the governing body's plan to remedy the violation, the governing body may terminate the district by ordinance or resolution.
In a hearing under paragraph (2) of subsection (a), the governing body shall determine if the reasons for termination in the written objections justify termination of the district and, if the governing body finds that the reasons do justify termination, may terminate the district by ordinance or resolution.
(c) A public hearing held under this Section shall be held only after notice has been given to the business owners and the local tourism and convention bureau not less than 30 days before the hearing.
(d) Upon termination, any funds remaining shall be used by the local tourism and convention bureau in accordance with the district plan or refunded to the hotels in equal proportion to the amount of transaction charges paid by each hotel, as required by the governing body in the ordinance or resolution terminating the district.
(Source: P.A. 102-1127, eff. 2-10-23.)
|