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:
•
•