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HomeMy WebLinkAbout2000-10-09 - Agendas - Final • MEETING NOTICE The Advertising and Promotion Commission will meet on Monday, October 9, 2000, at 2:00 p.m. at the Chamber of Commerce office. ADVERTISING AND PROMOTION COMMISSION October 9, 2000 2 :00 p.m. Chamber of Commerce office I Call to Order IL Reports A. Approval of Minutes for September 11 _ B . Financial Report C. Convention and Visitor Activity - Marilyn Johnson D. Blackwood/Martin/CJRW Report — Susan Wallace III. Old Business A. Town Center Contingency Update 1 . Progress on project • 2. Topping Out Ceremony — end of November 3 . Logo for Town Center B. Draft ordinance revising HMR collections C. Report on Hog Wild Events IV. New Business A. Northwest Arkansas Airport Information Desk - $ 1555 B. Funding Requests for 2001 Complete information has not been received from some of the applicants. I recommend scheduling a sub-committee to hear requests and to make recommendations to A & P Commission at the November meeting V. Adjourn Informational Items — 1 . Trolley Operations Report • • GROUP: ADVERTISING & PROMOTION COMMISSION DATE: September 11 , 2000 PRESENT: Heather Daniel, Joe Fennel, Fred Hanna, Alex Jerde, Ching Mong, Curtis Shipley, Steven Davis, John Maguire, Lisa Lee and Marilyn Johnson ABSENT: John Gilliam The regular meeting of the Advertising and Promotion Commission was called to order at the Chamber of Commerce conference room at 2:00 p.m. by Chairman Joe Fennel. MINUTES Moved by Shipley, second by Daniel to approve the minutes of the August 14 meeting with the addition that Wittenburg, Delony, and Davidson was approved to complete up- dated computer presentation drawings of the Town Center to be used in marketing and as a basis for future computer based plans for a sum not to exceed $2,000. Motion carried. FINANCIAL REPORT The financial reports for August showed collections were $ 105,417, a 1 .67-% increase. Year to date collections are $828,633, a 7.54% increase over last year's collections year to • date. Expenses for the month of August were $77,822, with largest items to advertising and brochure development. Moved to approve by Shipley, second by Jerde. Motion carried. CONVENTION AND VISITOR DEVELOPMENT REPORT Marilyn Johnson reviewed August activity of her office. Inquiries year-to-date continue to surpass inquiries for last year. Activities in all areas (bus tours, conventions/meetings, tourist activities, working with other groups) have increased. All Star Festival and Coaching Clinic, Razorback football pre-game activity, and Bikes, Blues and BBQ were discussed. Work is continuing on information booth at the NWA regional airport. It is targeted to be up and operating by end of October. ADVERTISING AGENCY REPORT Susan Wallace reported that agency is working on 2001 creative. Most fall ads will be run in September. Agency is investigating running/walking trail guide. Marilyn is working with budget to see if it can be published this year or first part of 2001 . OLD BUSINESS Convention Visitor Bureau Joe Fennel reported on subcommittee meeting. They recommend pursuing research on • forming a Convention Visitor Bureau with no time frame recommended. Consideration should be given in the 2001 budget process. • Town Center Heat has slowed down work on the Town Center. They arc running about two weeks behind schedule, but have additional workers on the job to catch up. Final big concrete pour was scheduled for Saturday, but has been rescheduled for Wednesday of this week. Contingency Update Steve Davis reported that $92,694 of the $ 150,000 contingency had been spent leaving $57,306 remaining. FF & E Marilyn reported that after meeting with Peggy Vice in City Planning Department that they could do the work in-house with city purchasing. Draft Ordinance revising HMR Collections HMR draft ordinance and its implications was discussed. Fennel asked about caterers affected. Commissioners will continue to study ordinance. Pregame Football Activity "Hog Wild in Fayetteville" is the name given to Razorback Friday night pre-game activity. Three bands, Earl's Garage, Big Bad Bubba, and The Tyrones have been booked. Balloons will decorate the Walton Arts Center Tyson Plaza. Buttons, provided • by Blackwood Martin will be distributed. Button logo, designed by Blackwood Martin was shown. Commissioners expressed interest in expanding closing Dickson St. on Saturday and expanding celebration. Request to pursue trolley transportation around the UA before and after games will be investigated. Ching Mong asked that hotels work with transportation also. OTHER BUSINESS Heather Daniel announced that representatives from Fayetteville's Sister City, Santa Domingo, will be coming to visit. Lisa Lee reported on calling on U of A this week. The Town Center is booked on all weekends (1 Saturday remaining) in December for holiday parties. She also indicated that Farmer's Market had expressed interest in using plaza for market. There being no further business, the meeting was adjourned. Respectfully submitted, aLLIj ) Qgl..rzov�c.� • Marilyn Johnson �/ Director, Convention and Visitor Development City of Fayetteville, Arkansas Monthly HMR Tax Collections 1998-2000 • 1998 1999 1999 2000 2000 Total Total Change Over Total Change Over HMR Taxes HMR Taxes Prior Year HMR Taxes Prior Year January $ 82, 157 $ 89, 125 8.48% $ 100,334 $ 12.58% February 83,759 88,757 5.97% 91 ,330 2.90% March 80,815 91 ,271 12.94% 102,971 12.82% April 89,603 94,588 5.56% 108,747 14.97% May 97,309 96, 120 -1 .22% 107,975 12.33% June 98,318 104,709 6.50% 107,963 3. 11 % July 94,621 102,279 8.09% 103,894 1 .58% August 91 ,336 103,688 13.52% 105,417 1 .67% September 93,903 97,609 3.95% 104,980 7.55% October 959649 95,824 0.18% 0 November 98,784 109,561 10.91 % 0 December 88,266 96,583 9.42% 0 Total $ 1 ,094,521 $ 1 ,170,114 6.91 % $ 933,613 $ 7.54% • HMA Tax Collections By Month 120 100 eD P p� 60 F 40 20 0 January February March April May June July August septembe October November December O 1998 ® 1999 2O • H:\BUDGET\PROJECTS\HMR TAX\HMRTAX.WK4 Advertising & Promotion Commission Financial Report - Expenditures For the Month Ending September 30, 2000 • 2000 YTD September Budget Item Budget Expenses Remaining_ Expenses 800 Telephone Number (Chamber of Commerce) $ 10,000 $ 10,000 $ 0 $ Audit Expense 150 150 0 Brochure Development 63,531 57,750 5,781 5,663 Chamber of Commerce Operations Contract 100,000 100,000 0 Collection Expense - City of Fayetteville 25,000 18,686 6,314 2,113 Convention Support 7,357 4,600 2,757 1 ,045 Public Notification (BMA Contract) 250,779 173,985 76,794 43,285 Town Center Architectural Services 126,399 81 ,336 45,063 Town Center Equipment & Furnishings 200,000 0 200,000 Town Center Marketing Manager (Salary/Expenses) 57,040 36,850 20,190 Special Projects AAAAA State Basketball Tournament 0 0 0 Air Museum 25,000 25,000 0 Airfest 2000 3,000 3,000 0 Annual Champions Day (State High School Championship) 3,000 3,000 0 Ark. State High School Cross Country Championships 1 ,200 0 1 ,200 Botanical Garden Society - Master Plan 50,000 5,000 45,000 First Night 2,000 0 2,000 •ommittee for Mardi Gras 500 500 0 Fine Arts Festival and Autumnfest 22,655 22,655 0 Historic District Commission - Brochures 2,000 2,000 0 2,000 Holiday Hoops 10,000 10,000 0 10,000 Professional Services - Legal Fees 5,000 0 5,000 Joe Martin Memorial Stage Race 500 0 500 North Arkansas Symphony Society 2,000 0 2,000 Razorback SAMS 2,000 0 2,000 Square Gardens 8,776 7,488 1 ,288 219 Trolley Operations 15,000 8,420 6,580 1 ,100 USSSA - Arkansas Chapter 3,000 0 3,000 U of A Athletic Department - Track & Field 5,000 5,000 0 U of A Tailgate Parties (4 @$2,000 each) 8,000 3,700 4,300 3,700 Walton Arts Center - Brochures 1 ,200 900 300 Washington County Historical Society - Brochure 2,000 0 2,000 Wood Bat Classic 500 500 0 500 Subtotal Special Projects 172,331 97,164 75,167 17,519 TOTAL USES $ 1 .012 587 $ 580.521 $ 432.066 $ 69.625 • H:\BUDGET\PROJECTS\HMR TAXW&P2000.WK4 • ACTIVITY REPORT September, 2000 INQUIRY RESPONSES September 2000 Tourist - 138 2000 Year to Date —I,&r 2 `f It 0 September 1999 Tourist — 297 1999 Year to Date — 2,410 September 2000 Advertising Response — 2,905 2000 Year to Date — 27,398 September 1999 Advertising Response — 2,588 1999 Year to Date — 245267 September 2000 Relocation — 56 2000 Year to Date — 815 September 1999 Relocation — 113 1999 Year to Date — 1 , 146 September 2000 Total Inquiries — 3,099 September 1999 Total Inquiries — 2,998 Year to Date Total Inquiries 2000 — 29,872 Year to Date Total Inquiries 1999 — 27,825 ACTIVITY Bus Tours — T.I.C. FAM Tour • Conventions/Meetings — Holiday Ramblers Scott Lathrop — USA Swimming Sectional Championship Don Voth — Community Development conference Tourist Activities - Bikes, Blues, & BBQ Lights of the Ozarks Leukemia Society "Light the Night" Walk Veteran 's Day Parade — Nov. 1 I ( 11 :00 a.m.) Philip Watson — Ultimate Frisbee tournament Relations with other Tourism — Restaurant Association meeting Northwest Arkansas Tourism Assn. Advertising meeting Fayetteville Fine Arts Festival Losin & Associates — Parks consultants Parks & Tourism Marketing Plan presentation & workshop Brenda Brown — A & M Railroad Judy — North Arkansas Symphony Relations with Media - Anita Creed — Morning News Scott Johnson — NWA Times — BB & BBQ Robert — Democrat Gazette — Hog Wild Scott Johnson — NWA Times — BB & BBQ • Bryan Graves — Thompson Murray (t-shirt design for BB & BBQ) • Town Center —Meeting with Peggy Vice re: Furniture, Fixtures & Equipment Karen Pharris — FOX 46 Macada Peoples — Arkansas Traveler Mary Swope — Arkansas NBC — financial impact of Razorback game Miscellaneous — CVB Subcommittee meeting Arkansas Alumni Association Chapter' s Leader's Retreat Andrea Cantrell- UA Special Collections Library Fayetteville Country Club — Hepatitis A vaccine Town Center Logo developed Charles Keely — Northwest Technical Institute — 25`h anniversary Brian Edmonds — Octagon (Hog `ems) Most Beautiful Villages and Towns of the South — Bonnie Ramsey Duffie Bryant (Batesville) writing book on 75 county courthouses Top HMR Collections — September • Jose's Red Lobster Clarion Hilton Chili 's Chartwell Dining Ryan's A. Q. Chicken Chick-Fil-A McDonald's 50's Ozark Brewing Co . Applebee' s • TOURIST INQUIRIES 2000 JAN FEB MAR IAPR MAY IJUN JUL AUG SEP OCTNOV DEC TOTAL AL 2 2 3 4 1 5 1 18 • AK 0 AZ 1 4 2 2 2 1 1 13 AR 31 31 56 59 34 31 35 24 16 317 CA 5 6 12 3 9 7 2 1 45 CO 1 3 4 3 21 1 14 CT 11 1 DE 0 DC 0 FL 2 9 4 71 3 31 1 1 30 GA 2 3 9 4 5 1 6 5 1 36 HI 1 1 ID 2 1 1 4 IL 2 8 62 12 9 1 5 4 10 113 IN 2 1 26 10 2 2 4 47 IA 3 31 11 1 1 2 1 7 57 KS 6 17 6 6 3 8 4 5 55 KY 4 5 1 10 LA 2 5 8 9 9 6 8 5 5 57 ME 1 1 MD 2 1 1 4 MA 1 1 1 1 1 1 2 8 MI 1 24 8 1 1 1 6 42 MN 1 2 31 5 � 3 1 3 2 5 53 MS 2 � 5 7 3 1 3 3 1 1 26 • MO 41 8 48 18 10 10 7 6 14 125 MT 1 1 1 3 NE 1 8 2 � 3 1 15 NV 1 1 NH 1 1 1 3 NJ 1 3 1 2 1 3 11 NM 2 1 2 1 6 NY 1 1 2 2 2 2 10 NC 1 3 1 3 1 9 ND 3 3 OH 3 3 15 8 2 2 1 8 42 OK 5 18 25 17 9 5 16 14 16 125 OR 4 2 1 7 PA 1 2 4 � 1 2 1 11 PR 0 RI 0 SC 1 � 2 3 1 1 1 9 SD 2 1 1 4 TN 31 5 6 2 2 2 1 3 1 25 TX 111 14 51 21 22 22 27 18 12 198 UT 1 1 2 VT 0 VA 3 3 2 1 9 WA 1 2 1 2 1 2 9 WV 2 1 3 • WI 2 3 32 5 1 3 2 2 6 56 APO 1 1 1 CAN 1 1 2 1 1 1 6 FOR 21 2 21 21 3 3 14 1659 84 1451 517 2441115511112 163 101 138 0 0 0 ol 1659 • ADVERTISING INQUIRIES - 2000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Tourist AY 79 79 BT 163 105 61 27 356 FC 115 480 812 957 265 113 42 2784 H&A 91 238 61 390 MC 48 376 714 616 161 83 43 2041 ML 57 37 383 937 615 520 271 192 700 3712 MT 256 61 113 430 MVG 973 382 65 685 2105 NATA 54 113 237 215 303 226 180 195 153 1676 OK 39 179 33 33 284 Parade 5381 5381 SL 16 30 494 222 190 21 54 457 168 1652 SNI 1605 76 49 49 1044 2823 ST 77 55 5 110 20 267 TA 308 40 9 9 366 TM 27 2 4 33 USA 302 2344 112 2758 VG 261 261 TOTAL 154 345 4435 12350 3770 1597 851 991 2905 27398 • AY - Active Years BT - Budget Travel FC - Family Circle H & A - Home and Away MC - McCalls ML - Midwest Living MT - Midwest Traveler MVG - Midwest Vacation Guide NATA - NATA Tour Guide OK - Oklahoma Today Parade - Parade SL - Southern Living SNI - State Newspaper Insert ST - Southern Traveler TA - Travel America TM - Texas Monthly USA - USA Today VG - Vacation Guide • ADVERTISING INQUIRIES BY STATE - 2000 • JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Tourist Reloc TOTAL AL 3 3 53 70 48 13 8 27 14 239 AK 0 2 5 3 6 1 1 18 AZ 4 4 14 20 21 26 7 8 4 108 AR 8 20 636 238 155 112 63 53 333 1618 CA 5 16 73 115 126 71 34 22 28 490 CO 0 7 17 28 25 7 5 6 8 103 CT 1 2 18 27 20 7 4 4 83 DE 0 4 9 7 2 22 DC 0 1 3 4 5 1 1 15 FL 5 6 97 209 113 42 34 38 25 569 GA 1 5 52 89 57 17 14 41 18 294 HI 2 1 3 3 2 1 1 3 16 ID 0 1 10 12 4 3 1 1 32 IL 17 27 310 2231 392 151 66 63 189 3446 IN 6 14 106 1297 144 72 24 23 127 1813 IA 1 12 177 683 139 41 17 12 146 1228 KS 4 7 126 251 139 41 28 22 113 731 KY 2 3 54 90 49 26 10 17 12 263 LA 5 11 166 180 111 36 62 74 71 716 ME 0 1 3 8 4 1 3 1 21 MD 1 5 21 29 29 13 9 8 2 117 MA 0 1 12 25 18 10 2 4 7 79 MI 3 16 109 1208 185 82 32 31 157 1823 MN 6 7 89 654 120 61 25 20 127 1109 MS 4 7 73 100 57 12 24 31 39 347 MO 7 14 510 804 331 117 64 54 428 2329 MT 0 7 12 4 3 1 1 28 NE 2 3 60 262 42 26 14 8 15 432 NV 0 1 11 12 15 5 5 3 52 • NH 1 3 7 6 12 3 3 1 36 NJ 0 6 35 44 63 21 9 10 4 192 NM 0 3 8 12 22 8 2 1 5 61 NY 3 8 60 118 110 34 12 12 10 367 NC 2 5 55 148 64 12 19 25 9 339 NO 0 2 6 93 14 6 4 2 5 132 OH 4 8 136 973 156 71 40 27 66 1481 OK 4 17 334 254 115 134 24 57 235 1174 OR 2 8 15 27 30 7 4 5 1 99 PA 1 13 49 111 91 32 14 9 15 335 RI 0 0 3 5 8 SC 1 1 42 70 44 12 10 10 4 194 SD 0 12 43 19 7 2 1 5 89 TN 3 13 139 131 89 29 20 29 84 537 TX 29 39 528 351 222 96 69 157 360 1851 UT 0 10 10 16 3 1 2 4 46 Vi 0 1 3 0 9 2 1 1 17 VA 3 5 32 46 54 16 9 22 7 194 WA 2 3 22 28 31 6 10 4 1 107 WV 3 1 11 21 27 3 8 4 78 WI 7 11 100 1154 181 76 34 25 217 1805 WY 0 1 3 10 8 2 2 4 1 31 APO 0 0 1 1 2 CAN 0 1 7 10 9 6 1 34 FOR 2 4 13 9 11 7 2 48 TOTAI 154 345 4435 12350 3770 1597 851 991 2905 0 0 0 0 0 27398 • State i ounsm inquires - September, zuuu MidT ML MVG NATA OK T So L SNI TA TOTAL AL 3 1 9 1 14 4 4 AR 11 22 9 291 333 CA 1 11 7 4 4 1 28 CO 2 4 2 8 CT DE DC FL 5 2 18 25 GA 2 6 10 18 HI 1 1 1 3 ID 1 1 IL 8 125 46 7 1 1 1 189 IN 3 68 52 2 2 127 IA 46 96 2 1 1 146 KS 4 42 58 5 1 3 113 KY 11 1 12 LA 3 6 19 43 71 ME 1 1 MD 1 1 2 MA 1 1 5 7 MI 73 79 2 2 1 157 MN 42 71 3 10 1 127 MS 2 5 32 39 MO 96 61 120 16 1 134 428 ItT 1 1 14 1 15 NV NH 1 1 NJ 1 3 4 NM 1 2 1 1 5 NY 5 4 1 10 NC 1 1 7 9 ND 4 1 5 OH 42 19 1 4 66 OK 16 1 6 29 4 179 235 OR 1 1 PA 7 2 6 15 RI Sc 1 3 4 SD 5 5 TN 12 2 9 61 84 TX 1 14 29 2 26 285 3 360 LIT 2 1 1 4 VT VA 2 4 1 7 WA 1 1 WV WI 64 142 6 1 3 1 217 WY 1 1 4PO 0 AN FOR 2 2 113 700 685 153 33 168 1044 9 2905 RELOCATION 2000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCTNOV DEC TOTAL AL 3 1 1 1 1 1 3 11 • AK 1 1 2 AZ 4 4 4 3 2 2 2 3 24 AR 13 18 16 11 16 14 24 13 8 133 CA 13 5 6 3 9 7 7 6 2 58 CO 1 4 2 2 2 41 1 16 CT 1 1 1 1 4 DE 0 DC 0 FL 1 5 6 3 1 2 3 1 4 26 GA 2 3 3 5 2 1 3 4 23 HI 1 1 1 1 4 ID 2 1 1 1 5 IL 2 6 4 4 81 4 9 1 5 43 IN 1 1 1 1 3 1 8 IA 1 1 3 1 3 11 1 1 1 13 KS 2 2 3 4 5 4 1 21 KY 1 1 1 1 4 LA 71 3 3 3 4 1 5 2 2 30 ME 1 1 MD 1 1 2 MA 0 MI 2 1 2 3 1 9 MN 2 1 1 31 2 11 3 11 1 1 14 MS 4 21 2 3 1 1 3 16 MO 6 6 5 7 2 5 9 5 3 48 • MT 1 1 NE 2 3 2 2 1 1 11 NV 1 1 2 2 1 7 NH 2 1 1 4 NJ 3 1 1 1 6 NM 2 1 4 1 11 21 1 1 1 11 NY 1 1 4 2 3 11 NC 3 41 1 2 2 2 14 ND 0 OH 1 3 1 5 OK 3 6 5 3 2 5 6 5 2 37 OR 2 21 3 1 2 10 PA 21 5 1 1 8 PR 0 RI 1 0 SC 1 4 1 1 7 SD 1 1 2 TN 3 1 3 1 2 3 3 1 17 TX 10 15 11 11 17 10 13 5 7 99 UT 2 1 3 VT 0 VA 1 1 31 1 1 7 WA 1 4 2 1 3 2 2 15 WV 1 j19 2 WI 2 4 8 2 2 21 • WY 0 APO 1 1 CAN 0 FOR 1 1 815 TOTAL 89 117 108 91 97 56 0 0 0 815 October 4, 2000 TO: Fayetteville A & P Commission FROM: Marilyn Johnson, Director, Convention and Visitor Development RE: Northwest Arkansas Regional Airport Information Desk Several months ago, I began research into the possibility of having a tourist information booth at the Northwest Arkansas Regional Airport. The Northwest Arkansas Airport has agreed to allow us a space on the upper concourse just at the head of the outgoing elevators. They also will connect a phone line to the information booth and will supervise the information desk employee at no charge to us. This is an excellent location to reach every inbound passenger as they depart their flights and head to the baggage claim area. • Taylor Displays, Inc. will build a custom information desk for $3,500. Other estimates I received were for $6,500 and $ 10,000. Taylor Displays has built the other counters at the regional airport and does an excellent job. They are able to match the Formica and other materials to make an attractive display. This Information Desk costs will be jointly shared by Bentonville, Springdale, Rogers, Eureka Springs and Fayetteville. Our share of the production costs will be $755 and shared costs incurred in staffing the information desk will be $400 per City per month. For this cost, we will be able to display and to distribute our city brochure at the information desk. It is my hope that we can have the information desk up and running by the end of October. • • Advertising & Promotion Fund 2001 Schedule of Resources Available Item Amount 2001 Projected Beginning Fund Balance $ 13136,323 Projected 2001 Income $ 11276,000 Projected 2001 Interest Earnings $ 65,400 Total Projected 2001 Income $ 1 ,341 ,400 Projected Expenses - 2001 Operating Budget $ 8533900 Transfer - Arts Center Bonds $ 85,000 Net Transfer - CEC Bonds $ 303500 Transfer - Town Center Bonds $ 372,000 Total Projected 2000 Expenses $ 1 ,341 ,400 • 2000 Income Over (Under) Expenses Projected Fund Balance at 12/31/00 $ 11136,323 • • Advertising and Promotion Operating Budget - 2001 800 telephone $ 10,000.00 Audit $ 150.00 Brochure Development $ 42,500.00 Dining & Lodging $ 17,500 Stationery $ 1 ,000 Pocket Folders $ 11500 Thank you reprint $ 1 ,000 Meeting planner guide $ 101000 Photography - 1 day $ 1 ,500 Group Tour Manual $ 51000 New booth $ 59000 C of C Operating Contract $ 100,000.00 Collection Expense $ 26,000.00 Convention Support $ 5,000.00 Public Notification $ 225,000.00 Equipment & Furnishings/Plantings $ 100,000.00 Town Center Staffing - 6 mo. $ 125,000.00 Facility Manager $ 263000 Event Coordinator $ 153700 Admininstrative Assistant $ 15,700 • Maintenance Supervisor $ 17,200 Part-time help $ 13,700 Sales Manager - 12 mo. $ 35,800 Legal Fees $ 509000.00 Grand Opening - Town Center $ 103000.00 $ 693,650.00 Town Center Operating Expense - 6 mo $ 95,550.00 $ 789,200.00 Unallocated Revenues $ 70,700 • V f • October 9, 2000 TO: A & P Commissioners FROM: Marilyn Johnson RE: HMR Ordinance revisions I recommend that in section 35.20 Levy of Tax specific references to gross receipts or gross proceeds received by places, (i.e. restaurants, cafes, cafeterias, delicatessens, drive- in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store- restaurants, and similar businesses) be eliminated from the ordinance and it just state "from the sale of prepared food and beverages for on or off-premises consumption" This would allow the collector of the tax to interpret the ordinance. ,r 0 ORDINANCE NO. AN ORDINANCE AMENDING §35.20 OF THE CODE OF FAYETTEVILLE (ORDINANCE NO 23102 AS AMENDED), TRANSIENT OCCUPANCY TAX, LEVY OF TAX TO ADD DELIS , DRIVE-IN RESTAURANTS , CARRY-OUT RESTAURANTS, CONCESSION STANDS, CONVENIENCE STORES, GROCERY STORE RESTAURANTS AND SIMILAR- BUSINESSES TO THE LIST OF BUSINESSES TO WHICH THE CITY'S GROSS RECEIPT TAX OF 1 % (HOTEL, MOTELAND RESTAURANT TAX) APPLIES (A.C.A:§26=75-601 ET., SEQ); ADDING OFF-PREMISES CONSUMPTION BUSlNESSESfTO : , THE LIST OF BUSINESSES SO TAXED AND EXCLUDING i = - FROM TAXATION GROSS RECEIPTS,OR GROSS PROCEEDS OF ORGANIZATIONS QUALIFIED UNDER§501 (c)(3) OF THE FEDERAL INTERNAL REVENUE CODE.,: WHEREAS, the current gross receipts tax of 1 % on ;Hotel, =Motels and Restaurants (A.C.A.§26-75-601 et seq.) established by Ordinance No. 2310, as amended (RAM tax) levys the tax only upon restaurants, cafes, cafeterias and all other es_tablishments:engaged in the business of selling prepared food for consumption on the premises of such establishment in the city, and; • WHEREAS, the City wishes toalsoapply the HM[I tax 6-delis, drive-in restaurants, carry- out restaurants, concession stands, 'c6nvenien'ce stores, 'grocery store restaurants and similar businesses and all taxable businesses selling prepared food for on or off premises consumption as allowed by A.C.A.§26-75-602 and; WHEREAS, the Citywishes to exclude from HMR taxation the gross receipts on gross proceeds of organizations qualified under §501 (c)(3) of the federal Internal Revenue Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ection 1 . Thai '§35.20 of the Code of Fayetteville, Tax, Levy of Tax, is hereby repealed and the following inserted in its stead: §35.20 Levy of Tax. There is hereby levied, a tax of 1 % (the tax) upon the gross receipts or gross proceeds from the renting, leasing, or otherwise -.Aimishing of hotel or motel accommodations for profit in the City and upon the ':portion -of the gross receipts or gross proceeds received by restaurants, cafes, :' .cafeferias, delicatessens, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store-restaurants and similar businesses as may be defined from time to time by 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 oforganizations qualified under section §501 (c)(3) of the federal Internal Revenue Code. Page 2 • Ordinance No. PASSED AND APPROVED this _ day of APPROVED: By: Fred'Hanna, Mayor 31 . ATTEST: By: Heather Woodruff, City Clerk 1 god Wd0I90 B6 - E2 - 20 o=. 210 211 bIU\-ICPAL SALES AND USE TAXES26-75-602 an emergency. 18 26,75-602. Gross receipts taxes authorized. dst and this act being mediate preservation (a) Any city of the first class, city of the second class, or incorporated e ilth end safety on town may, by ordinance of the governing body thereof, levy a tag not to feet from arid after its + or exceed three percent (3%) upon the gross receipts 1." p . gross proceeds § 5; Man 28, 1997• identified in subsection (c) of this section. ovided: 7t is hereby (b) Any city of the first class in which is located a city park of one I by the Eighty-First thousand (1,000) acres or more may, in a like manner, levy an additional the State ntax of one percent ( 1%) upon the gross receipts or gross proceeds iouId represent as and Promotion ccom.ore- ., identified in subsection (c) of this section. Revenues collected from this :� of the community as additional tax shall be used by the city parks and recreation depart- restricts somewhat went for the promotion and development of city parks and recreation .s to serve; and that areas. to or this pro. (c) The tax authorized in this subchapter shall be upon any one (1) or broaden community more of the following, as specified in the levying ordinance: aergency is hereby (1) The gross receipts or gross proceeds from renting, leasing, or this act being nee- otherwise furnishing hotel, motel, or short-term condominium rental ate preservation of accommodations for sleeping, meeting, or party room facilities for profit 'h safety �'� in such city or town, but such accommodations shall not include the ;, bgjlis its e? rental or lease of such accommodations for periods of thirty (30) days or d b$ a Governor, more- and eon.theexpiraton (2) The portion of the gross receipts or gross proceeds received by dur'ng which the restaurants, cafes, cafeterias, delicatessens, drive-in restaurants, car- : bill. If the bill is ry-out restaurants, concession stands, convenience stores, grocery ,r me the vote n store-restaurants, and similar businesses as shall be defined in the come Ls the on levying ordinance from the sale of prepared food and beverages for on or rverrides the vote--" 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. lent: City of Hot (d) [Repealed]. 88Ark- 286, 705 7. 63. History. Acts 1965, No. 185, § 1; 1969, and restaurant tax is not a "tew" as taxes No. 123, § 1; 1971, No. 531, § 1; 1977, No. are normally understood and intended.for 178, § 1; 1979, No. 926, § 1; 1981, No. 20, government support but is a special levy § 1; 1981, No. 957, § 1; A.S.A. 1947, paid and collected by those persons and §§ 19-4613, 19-4613.1; Acts 1939, No. entities peculiarly associated with and ent (1%) gross 626, § 2; 1991: No. 726, § 1; 1993, No. benefited by tourism. However, since the 364, § 1; 1995, No. 300, §§ 1, 2; 1995, No. Local Government Revenue Bond Act of )y cities of the 931, § 1, 1985, § 14-164-301 at seq., makes specific 1 (1,000) acres Publisher's Notes. Acts 1985, No. 976, reference to hotel and restaurant taxes )r day for each confirmed and continued the authority of ' and the Local Government Capita) Im- ue date, municipalities to levy the hotel and res- provement Revenue Bond Act of 1985, taurant tax and to pledge the proceeds of § 14-164-401 et seq., does not, it is uncer� that tar to tourism bonds by ordinance twin which act was intended to be referred subject to referendum but without a prior to by Acts 1985, No. 976. vote of the people. It declared the proceeds Acts 1981, No. 957 became law without • of any hotel and restaurant tax pledged to the governor's signature on April 8, 1981. tourism bonds issued under Acts 1971, Acts 1989, No, 626, § 1, provided: 'It is No. 380, or, bonds issued under the Local hereby found and determined by the Gen- Government Capital Improvement Reve- era] Assembly that: nue Bond Act of 1985, for tourism projects, %A) Tourism is the second largest in- to be project revenues of the project fi- dustry in the United States with revenues nanced. It further provided that the hotel totaling over two hundred billion dollars; Y v ORDINAUrE 110 , • 2310 . ..� .� � j l P� AN ORDINANCE - LEVYING A TAX- UPON THE GROSS RECEIPTS OF HOTELS , MOTELS , RESTAURANTS, CAFES AND CAFETERIAS IN THE CITY: ' pRESCRIBING THE PROCEDURE FOR THE COLLECTION . AND LN- • FOgCEMEtrT' OF THE TAX; PRESCRIBING THE PURPOSES FOR WHICH gEVENUES DERIVED FROM COLLECTION OF THE TAX MAY BE USED; CREATING A CZTY ADVERTISING AND PROMOTION COMMISSION; PRE- �M. SCRIBING OTHER MATTERS PERTAINING THERETO: AND DECLARING AN �.LERGF2iCY .. . WHEREAS , the City of Fayetteville , Arkansas ( the "City" ) has �F many benefits to offer visitors. to the City and is presently not taking full 'advantage . of its resources for the attraction of visitors ; and . WHEREAS, the development of such resources would result in many economic and other benefits to the City and its inhabitants ;' and =eel WHEREAS;: the City does not have funes available but the : ed ; General. Assembly of the State of Arkansas has adopted Act No . 185 o£71965 . ( "Aet. No . 185" ) , as .amended by Act No. 123 of 1969 5 asr ('Act No := 123" ) , providing a means by which, the City can obtain the need*& funds ;.: , NOW:- TH£REFOREBE IT ORDAINED BY THE BOARD OF ' DIRECTORS )nflic; of THS:CZTY. OF FAYETTEVILLE , ARKANSAS : Sectian71 * There is hereby levied , effective April 1 , 1977 , .hat a tax of, one per cent (the " tax" ) upon the gross receipts from t.e char,,,,, renting; leasing or otherwise furnishing of hotel or motel accom- . modations for profit in the City -and upon the gross receipts of y f• restaurants , cafes, cafeterias and all other establishments engaged in the business of selling prepared food for . consumption on the premises of .such establishment in the City , ' (b) . ' The tax shall be collected from the purchaser or user ing of the food or accommodations by the person , firm , corporation , and association , . trust or estate (or other entity of whatever nature ) S selling such food or furnishing such acco;lnnodations (the " taxpayer" ) , and the taxpayer shall remit to the City on the fifteenth day of each month all collections of the tax for, the preceding rzonth , accompanied by reports on forms to be prescribed by the City . 1977 . Manager . . . . (c) - -, As provided in Act No . 185 , the provisions of Act . No . 386 of 1941 , as amended , together with the rules and regulations thereunder , shall , so far as practicable , apply to . the administra= tion , collection , assessment and enforcement of the tax. Section 2 . There is hereby created the City Advertising and Promotion- Fund , to which fund there shall be credited all collections of the tax . Section 3 . The City Advertising and Promotion Fund shall be used , in the manner determined by the City Advertising and Pro- notion Commission , exclusively for the advertisement and promotion of the City and its environs and/or for the construction , main- tenance , repair and operation of a convention center , including the pledge of revenues therein to the payment of bonds issued Linder Act No . -185 , as amended by Act No . 1230 213 .2- Sec.tioxi 2-Section 4 .. (a) There is hereby created the City AdvertisinS and Promotion Commission (the " Commission" ) . The Commission shall have the powers and duties prescribed by Act No . 185 , as now or AN hereafter amended . The Commission shall be composed of seven members as follows : Four members shall be owners or managers of OF ORDII botels , motels or restautants (or other establishments engaged -in the business of - selling 'food for consumption on the 'premises) (the BE "hotel and restaurant members " ) who shall be appointed by the Fp,YETTM Mayor with the approval of the Board of Directors of the City; three members shall be the Mayor of the City and two members of Sec the Board of Directors of the City, selected by the Board of Directors of tLd City . dinance: follows : (b) The botel and restaurant members shall at the first . meeting of, the -Commission draw lots for terms of one to four years; all successors (except those appointed to .complete an Nat unexpired term? shall serve a term of , four yearse prc section :. S. . all ordinances and resolutions , and parts thereof, in conflict ,. . in. whole or in part , with any of the provisions of this ordinance are hereby repealed to the extent of such conflict# ho: inc section, 6'-' The provisions of this ordinance are hereby wiz declared to be severable . If any provision shall be held to be invalid or to be inapplicable to any persons or circumstances , such invalidity of inapplicability shall not affect the. remaindu of the provisions of this ordinance . Poi Section 7 .- It has been found , and it is hereby declared , apl that the City badly needs additional revenues for the advertising and promotion of the City and for the development of a - convention di : ' center ; that this ordinance and the tax levied by it are the only ..reasonable means available for the alleviation of these needs; pr( and thatthe advertisement and promotion of the City and the . : development of a convention center are essential to the . continued development of the City and to the welfare of the inhabitants ver thereof . This ordinance , therefore , being necessary for the Pr8" l servation -bf the public peace , health and safety , an emergencYls le : declared to exist , and this ordinance shall be in effect from and after its passage . and approval . 1� , - n PASSED AND APPROVED THIS �1 DAY OF 19 le : Set herewit: APPROVED : pp„ MAYOR ATTES : CITY. CLERK "'TEST CITY CL 214 • To: A & P Commissioners From: Marilyn Johnson RE: Businesses affected by revising HMR ordinance. MISC. Smoothie King DELI'S/GROCERY STORE RESTAURANTS Harp's IGA DRIVE-INS Shakey's CONCESSION STANDS Unable to quantify CARRY OUT RESTAURANTS Domino's Pizza • Eureka Pizza Little Caesar's Pizza Papa John's Pizza • October 6, 2000 TO: A & P Commission FROM: Marilyn Johnson RE: Additional agenda item Attached is the contract for 2000-2001 between Blackwood Martin/CJRW and the Advertising and Promotion Commission. We need to add this as an agenda item for Monday. • • � s . • AGENCY-CLIENT LETTER AGREEMENT This agreement is made and entered into by and between the Fayetteville Advertising and Promotion Commission, hereinafter referred to as the "Client", and Blackwood Martin/CJRW, hereinafter referred to as the "Agency." Terms and conditions of the Agency's employment, services and compensation are outlined hereunder, for the mutual understanding and agreement of the Agency and Client. The Agency is hereby authorized by the Client to prepare advertising, marketing and public relations materials as directed by the Client. All services and materials will be prepared under the terms, conditions, and hourly rates set forth in the Blackwood Martin/CJRW response to the Fayetteville Advertising and Promotion Commission request for qualifications dated April 6, 1999. Said services may include, but are not limited to, the following: PART I — SERVICES A. Account Services • This includes the services of Agency personnel in developing, planning, and coordinating a completely integrated program of advertising, marketing, and public relations and the services of all contact personnel such as the account executive and other management representatives. Included also are the services of media, traffic, bookkeeping and clerical personnel. The agency is compensated for these services at the hourly rates as set forth in attachment 1 and/or fees agreed upon in advance by the Agency and Client. Travel and related expenses of Susan Wallace, and or replacement, hereafter called Account Executive, will not be billed to the Fayetteville Advertising and Promotion Commission. The Account Executive will attend Advertising and Promotion Commission meetings and special city sponsored events on an as needed basis and will be available for work on specific projects necessary to the development of advertising programs as directed by the Client. B. Public Relations Services 1 . Public relations services will be at hourly rates as set forth in attachment 1 and/or fees agreed upon in advance by the Agency/Client. C. Creative Services 1 . Art services, including layout, design, photo direction and illustrations, will be • billed at hourly rates. • 2. Creative concept and copywriting will be billed at hourly rates. 3. Art and/or copy services purchased on behalf of the client will be billed at net cost plus a commission to yield 15%. D. Production Services 1 . Mechanical art, photography, typography, engravings, photoprints, and other production costs incurred outside the Agency will be billed at Agency net costs plus a commission to yield 15%. Where such materials are produced within the Agency, they will be billed at hourly rates. 2. Broadcast direction will be billed at hourly rates. 3 . Production coordination will be billed at hourly rates. E. Research Services 1 . The Agency, when authorized by the Client, will contract for research services on behalf of the Client and will bill the Client at net cost plus commission to yield 15%. F. Services by Fayetteville or Fayetteville area businesses Any services not available in-house at Blackwood Martin/CJRW shall be provided by • Fayetteville or Fayetteville area businesses unless Blackwood Martin/CJRW shows to the satisfaction of the Client that the utilization of such businesses would be impractical, unfeasible, and/or cost inefficient. PART II — MEDIA/PRODUCTION CHARGES The financial relationship between the Agency, the Client, and the media/supplier is based on two fundamental principles: First, that the Agency shall finance its own service, but not the advertising or its Clients, and Second, that the Agency shall not be held by the media/supplier as solely liable for payment. Therefore, the Agency will bill the Client for materials and services purchased on Client's behalf in connection with each job. Client will be billed each month for that month's services. Payment is due within 30 days except out-of-pocket media/supplier when billed in advance. The Agency shall make all payments to third parties who are so entitled under the terms of this agreement. However, the Agency reserves the right to discontinue making such payments if the Client is in default in any payment to the Agency required by the terms of this agreement. • • A. Agency Placed Advertising On advertisements placed by the Agency on commissionable media, the Client is billed at the published rates of media. These media, in tum, bill the Agency at the card rate less 15% and the difference is retained by the Agency as commission. B. Exceptions 1 . When the medium allows less than 15% commission, space in such medium is billed to the Client at net cost to the Agency plus industry accepted markup of 17.65% (which is equivalent to 15%) of the amount billed to the Client. (Example: $ 110-15 = $85 + 17.65% = $ 100.) 2. In outdoor advertising, the commission is usually 16 2/3% of the card rate to cover cost of location inspection incurred by the Agency. C. Short Rates. If, in a medium having a schedule of graduated rates, less space or time than contracted for is used, the Client is to pay the Agency the difference, if any, between the rate actually billed and the rate actually earned, in accordance with such rate payments the Agency may be obligated to make. D. Lower Rates. If more space or time than contracted for is used, the Agency shall refund to the Client any excess that may have been paid the Agency in accordance with such refunds made • to the Agency by the media. E. Failure of the Media The Agency shall endeavor to the best of the Agency's knowledge and ability to guard against any loss to the Client through failure of media or supplier's property to execute their commitments, but the Agency shall not be held responsible for any failure on the part of the media. F. Directly Placed Advertising. Any advertising prepared by the Agency and paid for directly by the Client becomes the sole property of the Client. G. Prior Client Approval. Drafts of all advertising, marketing and public relations material shall be submitted to the Client for review at least two weeks before the deadline, when at all possible, for materials submission for publication and Agency shall receive written confirmation of acceptance by the Client before costs may be incurred. Written confirmation may be in the form of a facsimile transmission. PART III — MISCELLANEOUS CHARGES • A. Client agrees to pay mailing, shipping, telephone, telegram, and publication charges on its behalf. • B. Client agrees to pay out-of-pocket travel expenses for agency personnel for unusual trips to Client locations outside of headquarters city as pre-authorized by Client. C. Should the Agency be called upon to perform any services which are not listed above and on which a commission is not allowed, the Agency will reach an agreement in advance with the Client regarding the fee to be charged. D. The Agency reserves the right to apply a financing charge in the amount of the maximum rate allowed by law on outstanding balance of any account exceeding thirty days in maturity from the date presented to the Client. PART IV — GENERAL PROVISIONS A. Client's Right to Cancel In the event, after having approved any planned advertising, the Client modifies or rejects all or part of the advertising; it shall pay for all costs to date of cancellation. It shall also pay for any unavoidable costs incurred thereafter, including non-cancelable commitments for the time and space. No provisions of this Agreement is to be construed as committing the Agency to violate any lawful media contract and the Agency shall receive its standard commission on all costs incurred. • B . Examination of Records. The Agency agrees that the Client upon request may, during the normal working hours, examine those records and files of the Agency which pertain specifically to the Client's advertising. C. Care of Client's Property. The Agency will take every reasonable precaution to safeguard any and all of the Client's property entrusted to Agency custody and control. D. Agency/Client Loyalty. The Agency shall not act as an advertising agency for any Advertising and Promotion Commission in direct competition with the Client within the boundaries of the Client's marketing area, except with prior agreement with Client. The Client will not contract with any company in direct competition with the Agency, except by prior agreement with the Agency. E. Approval of Budgets. Prior to the beginning of any advertising effort, including those items as set forth in Parts I, 11 and III of this agreement, a estimated cost for the job shall be presented to Client and approval must be given in writing prior to the incurring of any cost to the Client. Any expense incurred prior to Client's written approval shall be incurred at the • Agency's risk. • F. Right to Change Payment Terms. The Agency reserves the right in case of delinquency in Client's payments to the Agency, or such impairment of credit as in our opinion might endanger future payments to the Agency, to change the requirements as to terms under this agreement. G. The terms and conditions set forth in the Requests for Qualifications and the Response to Requests for Qualifications shall be incorporated herein and made a part of this Agreement. H. Client's Agent. The authorized agent for the Client shall be: The Fayetteville Chamber of Commerce, 123 W. Mountain, Fayetteville, AR 72701 . I. All correspondence, including billings, shall be addressed to the Client's authorized agent. PART VI — TERMINATION A. Notice of Termination. Upon receipt of notice of termination, the Agency shall not commence work on any new jobs. It shall, however, upon the direction of the Client, complete all jobs previously approved by the • Client. B. Non-cancelable Contracts. Any non-cancelable contracts or commitments made on the Client's authorization, and still existing at the expiration of this Agreement shall be carried to completion by the Agency and paid for by the Client unless mutually agreed in writing to the contrary, in accordance with the provisions of this agreement. Any materials or services the Agency have committed themselves to purchase for the Client's account, with the Client's approval (or specifically or as part of a plan), shall be paid for by the Client and the Agency shall receive applicable commissions thereon. ACCEPTANCE The acceptance by both parties of terms of this agreement shall constitute the appointment of Blackwood Martin/CJRW to serve as advertising agency for the Fayetteville Advertising and Promotion Commission. This contract is for a period of one-year beginning July 1 , 2000. Client shall have the option to renew the contract under the same terms and conditions for two additional one- year periods. The contract may be terminated at any time upon 60 days written notice, by either party. • • Upon termination of this contract, Agency shall transfer, assign and make available to Client, or its representative, all belongings to and paid for by Client, and all information regarding Client's advertising. The validity of this agreement and of its terms and provisions, as well as rights and duties of the parties hereunder, shall be governed by the laws of the State of Arkansas. BLACKWOOD MARTIN/CJRW FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION BY: BY: TITLE: TITLE: DATE: DATE: • •