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1720.. . ORDINANCE NO. ~(~ AN ORDINANCE TO AMEND ORDINANCE 917 OF THE CITY OF WEST MEMPHIS REGARDING THE ADVERTISING AND PROMOTION COMMISSION AND THE APPLICATION OF THE TAX AS PROVIDED BY A.C.A. 26-75-601, ET SEQ. ON ACCOMMODATIONS AND PREPARED FOODS, AND FOR OTHER PURPOSES. WHEREAS, in 1977, by Ordinance 917 the City of West Memphis, Arkansas, established the Advertising and Promotion Commission and adopted a tax of one (1) percent on certain accommodations and prepared foods as provided by Arkansas law to be administered by the Advertising and Promotion Commission; and WHEREAS, the Arkansas Legislature has amended the statutes applicable to the Advertising and Promotion Commission and the tax administered by it; and WHEREAS, the West Memphis City Council finds that Ordinance 917 should be amended to be in compliance with the current provisions of the Arkansas law regarding the Advertising and Promotion Commission and the tax administered by it; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1: Section 1 of Ordinance 917 is hereby amended to read as follows: For the purpose of this ordinance, the following terms are defined: A. "Hotel, motel, or short-term condominium rental accommodations" shall mean the renting, leasing or otherwise furnishing of accommodations for sleeping, meeting, or party room facilities for profit in the city but such accommodations shall not include the rental or lease of such accommodations for periods of thirty (30) days or more; B. "Restaurants, cafes, cafeterias, delicatessens, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store-restaurants, and similar businesses" shall mean any business engaged in selling prepared food and beverages for on or off-premises consumption, but shall not apply to any organization qualified under section 501(c)(3) of the federal Internal Revenue Code. SECTION 2: Section 2 of Ordinance 917 is hereby amended to read follows: A. There is levied upon every firm, person, or corporation a tax of one percent upon the gross receipts or gross proceeds from renting, leasing, or otherwise furnishing hotel, motel or short-term condominium rental accommodations for sleeping, meeting, or party room facilities for profit in the city, but such accommodations shall not include the rental or lease of such accommodations for periods of thirty (30) days or more. B . There is levied upon every firm, person, or corporation a tax of one percent upon the portion of the gross receipts or gross proceeds received by restaurants, cafes, cafeterias, delicatessens, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store- restaurants, and similar businesses as shall be defined in the levying ordinance from the sale of prepared food and beverages for on or off-premises consumption, but such tax shall not apply to such gross receipts or gross proceeds of organizations qualified under section 501(c)(3) of the federal Internal Revenue Code. SECTION 3: Section 5 of Ordinance 917 is hereby amended to read as follows: A. The tax so levied shall be paid by the persons, firms and corporations liable therefore and shall be collected by the advertising and promotion commission of the city or by a designated agent of the commission in the same manner and at the same time as the tax levied by the Arkansas Gross Receipts Act of 1941, A.C.A. 26-52-101 et seq. B. The person paying the tax shall report and remit it upon forms provided by the commission, and as directed by the commission. The rules, regulations, forms of notice, assessment procedures, and the enforcement and collection of the tax under the Arkansas Gross Receipts Act of 1941, A.C.A. § 26-52-101 et seq., shall, so far as practicable, be applicable with respect to the enforcement and collection of the tax levied pursuant to the authority of A.C.A. § 26-75- 601 et seq. However, the administration and enforcement, and all actions, shall be by, and in the name of, the commission through the proper commission officials or agents. SECTION 4: Section 7 of Ordinance 917 is hereby. amended to read as follows: a y A. There is created under the provisions of A.C.A. § 26-75-605, a city advertising and promotion commission to be composed of seven ( 7 ) members, each of whom shall reside within the city, as follows: (1) Four members shall be owners or managers of businesses in the tourism industry, at least ( 3 ) of whom shall be owners or managers of hotels, motels, or restaurants, and who shall serve for staggered terms of four (4) years; (2) Two members of the commission shall be members of the city council and selected by the city council and shall serve at the will of the city council; (3) -One member shall be from the public at large and shall serve for a term of four (4) years. SPONSORED BY: B. The members of the advertising and promotion commission created pursuant to Ordinance 917 prior to the effective date of this ordinance shall continue in office for the balance of the terms to which they have been previously appointed; provided that the mayor shall designate one (1) of the commission members who is also a member of the city council to fill the at-large position provided for in this ordinance for a term of not longer than one (1) year. C. Vacancies on the commission, whether resulting from expiration of a regular term or otherwise, in anytiof the four (4) tourism industry positions or in the at-large position shall be filled by appointment made by the remaining members of the commission, with approval of the city council. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this ~_ day of , 19 R ~. D-~ ~~~-~ AL BOALS, Mayor ATTEST: DAN CRAFT, Cit e