As used in this Article, the following words and phrases shall have the meanings respectively ascribed to them herein:

(a)   “Person” means an individual, firm, partnership, corporation, joint venture or other association of persons;

(b)   “Hotel or motel” means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than eight bedrooms furnished for the accommodation of such guests;

(c)   “Transient guest” means a person who occupies a room in a hotel or motel for not more than 28 consecutive days;

(d)   “Business” means any person engaged in the business of renting, leasing or letting quarters, sleeping accommodations, rooms or a part thereof in connection with any motel or hotel;

(e)   “Tourism” means the practice of touring or traveling for recreation, business or education;

(f)   “Touring” means a trip, excursion, or circular journey for business, recreation, or education.

(g)   “Governing body” means the governing body of the City of Newton, Kansas.

(C.O. No. 24, Sec. 2; Ord. 4293-99)

A transient guest tax is hereby levied in the city at the rate of eight percent (8%) upon the gross rental receipts derived from or paid by transient guests for lodging or sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel or motel.

(C.O. No. 24, Sec. 3; Ord. 4293-99; Ord. 4678-08; Ord. 4897-15)

A Tourism and Convention Fund is hereby established to receive disbursements of moneys from the secretary of revenue, as provided in subsection (d) of K.S.A. 12-1698.

(C.O. No. 24, Sec. 4; Ord. 4293-99)

The revenues from the transient guest tax shall be expended as provided herein:

(a)   The revenues from the tax shall be expended or disbursed by the city pursuant to the direction of the governing body as it shall determine from time to time.

(b)   As to any party with whom the governing body may contract for the provision of any programs or services as to conventions or tourism, or as to promotion or marketing in relation thereof, no disbursements shall be made to any such party until the governing body shall have approved a proposed program of activities and an annual budget in relation to such expenditures. The contracting party shall expend only such amounts as are budgeted to it by the governing body, and only for such purposes as are outlined in the approved program of activities.

(C.O. No. 26, Sec. 1; Ord. 4293-99)

There is hereby created the Newton Convention and Tourism Advisory Board (the “Advisory Board”), with the duties and powers as set forth herein. The following provisions shall apply to the Advisory Board:

(a)   The Advisory Board shall consist of 11 members appointed by the mayor and confirmed by a majority of the city commission. All members shall be appointed for two-year terms ending August 31, or until their successors are appointed and qualified for office. Five of the members’ terms shall expire in each even numbered year and six of the members’ terms shall expire in each odd numbered year. Any vacancies in the membership of the Advisory Board will be filled by the appointment of a member for the unexpired term of the member whose office shall be vacant.

(b)   Members of the Advisory Board shall include ·not less than three persons who are owners or operators, or employees of any owners or operators, of any hotel or motel (as such terms are defined herein) located within the city, and at least one person who is an owner, operator or employee of an organization or business which serves as a tourism attraction or which otherwise generates significant tourist or visitors to the city. Any such members may reside inside or outside of the city.

(c)   Employees of the city and members of boards or commissions of the city may be appointed to the Advisory Board.

(d)   The Advisory Board shall elect from its members a chairperson and a vice chairperson for a term of one year each.

(e)   The Advisory Board shall hold regular meetings at a time and p lace as established by the Advisory Board, all subject to the approval of the governing body. All regular meetings shall be open to the public.

(f)   No member of the Advisory Board shall receive any compensation for his or her service as a member of the Advisory Board.

(g)   The Advisory Board shall have the following powers and duties:

(1)   To monitor the expenditures and activities of any party to whom the governing body may delegate or contract responsibility of expending any transient guest tax revenues (not including, however, any employees of the city) and to report to the governing body as to such matters from time to time as may be necessary or expedient, or as the governing body may direct from time to time.

(2)   To serve in an advisory capacity to any party to whom the governing body may delegate or contract responsibility of expending any transient guest tax revenues in relation to the conduct of such programs and activities, and in relation to the development of annual budgets and programs of activities.

(3)   To serve in an advisory capacity to the governing body in its consideration as to the manner in which transient guest tax revenues should be expended, and as to its consideration of parties with whom convention and tourism programs and services might be contracted.

(4)   To make recommendations to the governing body concerning the overall promotion of convention and tourism in the city.

(5)   To report to the governing body at such other times as may be requested by the governing body.

(C.O. No. 26, Sec. 2; Ord. 4293-99; Ord. 4470-03)

Those members of the convention and tourism committee appointed and serving under Charter Ordinance No. 24 shall, upon the effective date of Charter Ordinance No. 26, take and hold office as members of the Newton Convention and Tourism Committee created herein in the positions which correspond with the term and representation category which they previously held under Charter Ordinance No. 24. Any vacancies shall be filled as provided for herein.

(C.O. No. 26, Sec. 3)