Occupancy Tax Board

OCCUPANCY TAX BOARD MEETING Tuesday, April 19, 2022, 2:30 p.m. ROfWELL Conference Room at Roswell City Hall New Mexico 425 Richardson Ave. Roswell, NM 88201 Committee Chair: Kerry Moore Committee Members: Bonnie Bitzer, Justin Jones Staff Coordinator: Kevin Wilson A. Call to Order B. Roll Call C. Approval of Agenda D. Approval of the Minutes Consider approval of the March 22, 2022 Minutes E. Other Business / Non- Action Items / Information Items / Reports 1. Reports; Lodgers' Tax, Convention Center 2. SeeRoswell app update 3. Application forms; Special Events, Process, Short Term Rental F. Public Comments G. Adjourn Next Meeting: May 17, 2022. Notice of this meeting has been given to the public in compliance with Sections 10-15-1through 10-15-4 NMSA 1978 and City Resolution 22-14 . NOTICE OF POTENTIAL QUORUM - A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact - Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and Posted Friday, April 15, 2022 Occupancy Tax Board Meeting Tue, April 19, 2022, 2:30 PM - 3:30 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://meet.goto.com/784626549 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) United States: +1 (571) 317-3112 - One-touch: tel:+15713173112,,784626549# DRAFT MINUTES OF THE OCCUPANCY TAX BOARD Tuesday, March 22, 2022, 2:30 p.m. Committee Chair: Kerry Moore Committee Members: Bonnie Bitzer, Justin Jones Staff Coordinator: Kevin Wilson A. CALL TO ORDER The meeting was called to order at 2:30 p.m. B. ROLL CALL Members present: Kerry Moore, Justin Jones, Bonnie Bitzer. Members of the public present: Patricia Andrade-Lancana, Sandra England. Attending virtually: Rita Kane-Doerhoefer. C. APPROVAL OF AGENDA Member Bitzer motioned to approve the agenda. Member Jones was the second. A voice vote was 3-0, the motion passed. D. MINUTES APPROVAL Member Jones moved to approve the minutes of the Sept. 21, 2021 meeting. Member Bitzer was the second. A roll call vote was 3-0, the motion passed. E. ACTION ITEMS 1. Recommendation of application for Position 1 Vacancy. Members spoke with Sandra England as an applicant for the Position 1 Occupancy Tax Board vacancy. England, who owns a short-term rental in Roswell, said she wanted to serve on the board to increase communication with other short-term rental owners and serve the community. Chairman Moore moved to recommend appointment of England's application to be considered by the mayor's office. Member Jones was the second. A roll call vote was 3-0, the motion passed. The recommendation will be sent to the mayor's office, which will either approve the recommendation to the City Council or deny the recommendation. 2. Recommendation of application for Position 4 Vacancy. Members spoke with Patricia Andrade-Lancada an applicant for the Position 4 Occupancy Tax Board vacancy. England, who owns a short-term rental in Roswell, said she wanted to serve on the board to increase communication with other short-term rental owners and serve the community. Chairman Moore moved to recommend appointment of England's application to be considered by the mayor's office. Member Jones was the second. A roll call vote was 3-0, the motion passed. The recommendation will be sent to the mayor's office, which will either approve the recommendation to the City Council or deny the recommendation. F. NON-ACTION ITEMS Public Affairs Director Juanita Jennings updated members on Lodgers' Tax and Convention Center tax reports from December. Staff Coordinator Kevin Wilson addressed members on the UFO Festival, scheduled for July 1-3. On March 21, the city announced Midland would be the headliner act for the festival's July 2 concert at Debremond Park. The group was the 2018 American Country Music award for Top New Group. Tickets were to go on sale March 25 at UFOFestival.com. Additional UFO Festival events include a series of guided tours at Bottomless Lake State Park, the Alien Chase 5K/10K at Debremond Park, flight tours at the Roswell Air Center, an Alien Crawl Bus Tour of area restaurants, glow-in-the-dark golf at Nancy Lopez Golf Course, a "Future Shock" exhibit and B-movie screenings at the Roswell Musuem, a special Spring River Zoo exhibit and the Roswell Invaders hosting the Alpine Cowboys for a four-game series. Member Jones asked if organizers were seeking more restaurants for the Alien Crawl. Jennings said organizers are comfortable with the number of restaurants currently taking part but said they could get into contact with Johnnie Hector Lujan, who is coordinating the crawl. DRAFT She added the crawl, and other events, could use volunteers. Andrade-Lancana suggested using area groups for volunteers, including the Altrusa Club, the Optimists Club and the Garden Club. Jennings said she would pass the recommendation along to Kathy Lay, the city's volunteer coordinator. Jennings spoke of the city's upcoming app through Visit Widget. The app will include push notification abilities in case of weather, event changes or new features. Jones asked if a QR code could be added. Jennings said that was possible, provided the business supplies the QR code and the city does not create one for the business. Jones asked about outreach, noting he had not heard about the app. Jennings said the main push was the city's social media page, along with news releases and information pushes to hotel organizations. Wilson updated members on an update to the special event form. The form has additional questions for vendors to detail return on investment, their expectations and justifications for event attendance and what kind of track record exists. Moore said an issue in the past would be that vendors would simply answer "See attached" and attachments would not address the questions. Jennings said she was hoping for $100,000 in lodger's tax in the next year's budget, noting there were visible signs tourism was on an upward trend, but she said it was a decision for the City Council. G. PUBLIC COMMENT No public comment was offered. H. ADJOURN. Chairman Moore moved to adjourn the meeting. Jones provided the second. A voice vote was 3-0, the motion passed. The meeting was adjourned at 3:09 p.m. Hotels that paid late submitted 4 months worth of reports and funds in February, therefore that number reflected above appears to have a significant increase. This only shows the $120,000 in past due taxes/bed fee being received by the City in February. *Reflects the correct Bed Fee allocated to the appropriate month of the tax liability not when the city received the payment. Hotels that paid late submitted 4 months worth of reports and funds in February, therefore that number reflected above appears to have a significant increase. This only shows the $120,000 in past due taxes/bed fee being received by the City in February. * Reflects the correct Lodgers' Tax allocated to the appropriate month of the tax liability not when the city received the payment.  SHORT-TERM RENTAL REGISTRATION APPLICATION PROCESS 1 Get your NM Tax ID #: Visit the Taxation & Revenue Department in the Wells Fargo Building at 400 N. Pennsylvania Ave. Suite 200 or go online tax.newmexico.gov. 2 Download and complete Registration Application online at roswell-nm.gov. Submit to Business License Clerk for review with $35 check/money order and necessary documents including: Parking Plan which includes one ADA and one standard space; Fire Marshal inspection; Site Plan (for addition/remodel if applicable). 3 Call the Fire Marshal office at 575-624-6830 and City of Roswell Building Inspection office at 575-637-6293 for an appointment. 4 City of Roswell will do a zoning review of Parking Plan and Site Plan (if it is an addition or remodel only). 5 City of Roswell Business License Clerk will issue registration license along with Lodgers’ Tax ID. 6 You’re official! Start collecting Lodgers’ Tax and remember to remit collection by the 25th of the succeeding month. To have your business license issued by the Business License Clerk ensure you have completed the steps outlinedabove. Those steps are: 1) obtain a NM Tax ID number; 2) complete the Short Term Rental Permit and License Registration form with your payment of $35 to the Business License Clerk for review; 3) set up inspections with the city building and fire inspectors. Insurance certificate and off-street parking plan must be submitted with the Short Term Rental Permit and License Registration form for review from the Planning and Zoning Department. YOUR BUSINESS LICENSE CANNOT BE ISSUED UNTIL ALL INSPECTIONS ARE COMPLETE. Please do not ignore any building deficiencies by the Building Inspector or Fire Marshal that could jeopardize the safety of customers, the public or yourself. IF YOU ARE NOTIFIED OF SAFETY ISSUES BY THE BUILDING INSPECTOR THOSE ISSUES MUST BE FIXED PRIOR TO OPERATING YOUR BUSINESS. OPERATING WITHOUT FIRST FIXING THE SAFETY ISSUE WILL RESULT IN ACTION TO CEASE YOUR BUSINESS OPERATIONS. Please note all inspectors set their own appointments, so you will need to contact them directly. If you are unable to reach them leave a message with their office assistant with your contact information so that they can follow-up and call you to set an appointment. Fire inspections must be completed prior to building inspections. UPON COMPLETION OF INSPECTIONS BRING IN A COPY OF THE FIRE INSPECTION SO THAT YOUR BUSINESS LICENSE MAY BE ISSUED. Lodgers' Tax fees are five percent of gross receipts for the month. A $2.50 per room night Convention Center fee also applies.. REMITTANCES ARE DUE ON THE 25TH OF THE MONTH FOLLOWING THE MONTH REPORTED. Exemptions to the Convention Center fee are provided in Sec. 23-73 of the Roswell Code of Ordinances. Before inspections are completed, return this complet form, documents and $35 check/money order to the address below. After the business has been approved, registration will be mailed to you. THANK YOU FOR YOUR COOPERATION. For questions or concerns, please contact: CITY OF ROSWELL 421 N RICHARDSON AVE Kevin Wilson P.O. DRAWER 1838 Marketing Communication Manager ROSWELL NM 88201 575-637-6203 ATTN: BUSINESS LICENSE CLERK k.wilson@roswell-nm.gov  SHORT-TERM RENTAL REGISTRATION COMPLIANCE INSPECTION Must meet the following requirements: A. A serviceable ABC 5-pound metal head type fire extinguisher(s) to be inspected and tagged annually at points of egress, with at least one provided per floor and minimum one per dwelling unit with at least two per dwelling unit if greater than 1,000 square feet, at a height not to exceed 48 inches. Extinguishers must be inspected and maintained according to state requirements and must properly display the inspection history of the evidence. B. Approved (and working) smoke alarms installed as per manufacturer’s instruction in every sleeping room, in compliance with the 2015 International Building Code and 2015 International Fire Code, and on every level of the home, including the basement. C. Every sleeping room and living area with access to a primary means of escape shall provide a clear, unobstructed path of travel to the outside. D. Where approved, an open fire permit in accordance with section 42-42 of the Roswell Code of Ordinances shall be posted at, or immediately adjacent to the primary entrance of the building. Outdoor cooking appliances shall be properly maintained. E. Authority for code compliance inspection. By submitting application, the owner authorizes the Roswell Fire Department, the building inspector and code enforcement officer or other designated city employee or representative to conduct a code compliance inspection of the residence at intervals deemed appropriate by the city, or if deemed necessary when it is alleged or suspected that a violation of this section may exist or have occurred. Business Registrations are $35.00 and are required for anyone conducting business within the City of Roswell. Contact List Fire Inspections City Building Inspector 575-624-6830 575-637-6293 Business License Clerk Marketing Communication Manager Nikomi Bejarano Kevin Wilson 575-637-6280 575-500-0402 CITY OF ROSWELL 421 N RICHARDSON AVE P.O. DRAWER 1838 ROSWELL NM 88201  SHORT-TERM RENTALS PERMIT AND LICENSE REGISTRATION Which applies to your business? New Business New Owner Renewal Owner’s Name: Mailing Address: Phone: Email: Driver’s License #/State: DOB: Business Name: Business Address: Phone: Type of Business: # of Rooms Offered: Amenities: Local Representative: Phone: Form of Business: Sole Proprietorship Partnership LLC Corporation Short-Term Rental Days of Operation (7 day week): Hours of Operation (24 hour day): NM State Tax ID#: (NM TAX ID can be obtained at 400 N. Pennsylvania Ste. 200) I hereby certify that the above information is correct and to the best of my knowledge. Signature of Applicant Print Name Print Title Date OFFICIAL USE ONLY: *Note: On a separate sheet show the building layout, label rooms with the intended use(s), this will be used to calculate the required parking spaces. The following departments will inspect the business location prior to the license being issued. Fire Inspection: Building Inspections: Planning and Zoning: OFFICIAL USE ONLY: Fee paid: Cash: Credit: Check #: Date Paid: Bus Lic. #: Lodgers’ Tax #:  REPORTING FORM - LODGERS’ TAX & CONVENTION CENTER BED FEE For Motels, Hotels, B&Bs, RVs and Short-Term Rentals Today’s Date: Type of Business: Motel Hotel RV B&B Short-Term Rental Establishment: Address: City/State: Zip Code: Phone: Email: Contact Person: Cell: Month Reported: Gross Receipts Subject to Lodgers’ Tax $: Tax remitted (5% of receipts) $: Number of Room Nights Rented (1-30 Nights): Number of Room Nights Rented (31+ Nights): Convention Center Fee $2.50 per room/night (1-15) $: TOTAL DUE $: Number of Room Nights Rented: I hereby certify that the above is a true and correct statement of receipts subject to Lodgers’ Tax and the Convention Center Bed Fee. Signature of Applicant Print Name Print Title Date THIS FORM AND PAYMENT ARE DUE ON OR BEFORE THE 25TH OF MONTH FOLLOWING THE RESPECTIVE MONTH REPORTED. DELIQUENT PAYMENTS MAY BE SUBJECT TO INTEREST AND PENALTY. SEND TO: CITY OF ROSWELL 425 N. RICHARDSON AVE ROSWELL, NM 88201 ATTN: TOURISM OFFICE Sec. 23-8. - Collection procedures, remedies, etc. (a) If any vendor makes a return as provided by this article, without paying the tax then due, he shall be liable for the tax and a penalty equal to ten percent thereof but not less than $100.00 penalty in addition to the tax, without notice from the city with regard thereto. Promptly thereafter, the city shall give the delinquent vendor written notice of such estimated tax, penalty and interest, which notice shall be served personally or by certified mail. (b) If a vendor neglects or refuses to make the required return and pay the tax as provided by this article, the clerk-treasurer shall make an estimate based upon examination of the vendor’s books and records, or upon any information in its possession, or that may come into its possession, of the amount of the rent of the delinquent vendor for the period in respect to which he has failed to make return, and upon the basis of such estimated amount shall compute and assess the tax payable by the delinquent vendor, adding to the sum thus arrived at a penalty equal to 10% percent thereof, but not less than $10.00. Promptly thereafter the city shall give the delinquent vendor written notice of such estimated tax, penalty and interest, which notice shall be served personally or by certified mail. (c) If payments are not made by the vendor within 15 days of such notice, the city manager shall bring an action in law or equity in the district court for the collection of any amounts due, including without limitation penalties thereon. Interest on the unpaid principal at a rate of not exceeding 1% a month, the costs of collection and reasonable attorneys’ fees incurred in connection therewith. (d) It shall be unlawful for any person to fail to pay the tax, to remit the proceeds thereof to the city or to account properly for any lodging and the tax proceeds pertaining thereto. (Code 1984 § 14-73; Ord. No. 1276, 5-1996; Ord. No. 1320, 4-1999) State Law reference— Collection of delinquencies,NMSA 1978, § 3-38-18. OFFICIAL USE ONLY: Fee paid: Cash: Credit: Check #: Approved by: Company Name: Date: April 15, 2022 The City of Roswell requires any organization or citizen seeking occupancy tax funds with the expectation of reimbursement from the city to make such a request through the city's application process. The application process is as follows: 1. An application is submitted to tourism@roswell-nm. 2. The city's Occupancy Tax Board reviews and provides recommendation to Finance Committee. 3. The Finance Committee reviews, approves or changes recommendation for City Council. 4. City Council awards, changes or denies funding request. The role of the Occupancy Tax Board is to review applications for events that will bring out-of-town visitors to the City of Roswell and promote hotel stays. The board provides recommendations to the City Finance Committee. The City of Roswell’s PA0002-Lodgers’ Tax policy states: Marketing & Promotions eligible expenses include but not limited to the following, and must be to a 30+mile radius outside of Roswell, NM to be eligible: a) Radio, television, newspaper, billboard or magazine advertisements b) Posters, brochures, flyers, postcards, or other marketing materials c) Postage for mailing qualified marketing materials d) Website, Facebook, or other internet paid advertising placement e) Free T‐shirts for registration participants or attendees f) Security and/or Police services g) Fire and/or Emergency services h) Sanitation I have read and understand the content provided. Print Name Signature Date  SPECIAL EVENT PERMIT APPLICATION Received Date: _______________________ Today’s Date: _______________________ Event Name: ________________________________________________________________ Event Date: ______________ Organization: _______________________________________________________________ Event Time: ______________ Event Address: ______________________________________ City/State/ZIP: ___________________________________ Website: ___________________________________ Phone: ______________ Email: _______________________________ Organizer: _____________________________________________________ Mobile: _______________________________ 2nd Organizer: _________________________________________________ Mobile: _______________________________ Description of Event Logistics: Instructions 1. Submit permit application 120 days prior to event. 2. 50% non-refundable deposit required 90 days prior to event. Fee must be paid in full 30 days prior to event. Make checks payable to “City of Roswell” and list event name on memo line. 3. 90 days prior to the event you must submit insurance, permits and liscense for ALL event vendors. 4. 90 days prior to event all maps of event must be submitted 5. Email submission to info@roswell-nm.gov Please see list of services provided by the city with applicable fee on page 2. OFFICIAL USE ONLY Fee paid: _________ Cash: _________ Check #: _________ Credit Card: _________ Approved by: ____________________________________ Insurance Company Name: ________________________ Permit #: _________________________ Date: _______________________ Policy #: ___________________________ 1  EQUIPMENT RENTALS AND OTHER FEES Equipment Price Service Request Needs $30 per hour per person City Personnel/ Emergency Personnel $55 per hour per person (Emergency) Temporary Pole (Park Property) $100 per event Blue Pole (As Needed) $200 per event Barrel $2 each Barricades $10 each Warning Signs $10 each Sand Bags $5 each Programmable Signs $300 each Cones $2 each City Vehicles or Mobile Equipment $100 per day per vehicle (Staff Must Operate) $1 per trash bag, trash cans provided free Trash Cans (44 Gallon) (1 per 25 people recommended) Sanitiation Roll-Off Container - 20CY $394 disposal charged seperatley Sanitiation Roll-Off Container - 30CY $394 disposal charged seperatley Sanitiation Container - 300 Gallon $54.44 Additional Clean Up for Litter or Other Incident $150 per incident Damage to City Property Cost of repair per incident For a complete list of services, please visit roswell-nm.gov/special-events. I, _______________________________________, do hereby declare that the enclosed scheduled event will be conducted in accordance with the requirements and recommendations made by the special event team. I understand that violations of ordinances or statutes will not be encouraged or permitted. I also understand that this permit, if approved, may be revoked by any member of the special event team, if, in their own opinion, any of the following occur: the event becomes a public nuisance, violations of statues or ordinances are committed by any participant, any of the recommendations herein referred to as the "EVENT PERMIT" are not met. I understand that any significant changes (date, time, logistics, location and the like) to the event after the date it was reviewed by the special event permit committee will require that I resubmit the "EVENT PERMIT" to the committee members and/or obtain approval of the changes from the Special Events manager. I hereby agree to pay the City of Roswell for services rendered in full 14 days prior to the event. Additionally, I understand that the City of Roswell and the special event team, will not be held responsible for changes made by the event organizer or participating entities prior to or during the event. Signature of Applicant: ______________________________________________ Date: _____________________ 2  STREET CLOSURE FORM Permit #: _______________________ Today’s Date: _______________________ Organization: ________________________________________________________________________________________ Address: ____________________________________________ City/State/ZIP: ___________________________________ Event Name/Purpose of Closure: _________________________________________________________________________ Contact Person: ___________________________ Phone: ______________ Email: _______________________________ Street(s) to be closed: __________________________________________________________________________________ Date(s) to be closed: ___________________________________________________________________________________ For all street closures, it is necessary to contact those in the immediate area to see if the local businesses and residences have any special concerns. This is the responsibility of the organization making the request to close the street. Please leave all contacted businesses your contact information in case an issue occurs. Please attach a map of the immediate area with the residences/businesses marked that were contacted. Attach a map showing how you propose to reroute traffic with any other traffic control that may be needed. Please note that the city can set out barriers 1 hour earlier than the time requested to ensure knowledge prior to closure. Email completed forms and additional documents to info@roswell-nm.gov. Contacted Business/Residence Address Concerns Email to send permit Yes No Fire Department Approved  Not Approved  Approved by: _____________________________ Concerns: __________________________________________________________________ Police Department Approved  Not Approved  Approved by: _____________________________ Concerns: __________________________________________________________________ 3  EVENT DETAILS/SCORING Please provide details on your event, along with any attachments that may help answer the specific questions below. The Occupancy Tax Board will score the event on a 100-point scale based on Return on Investment (25 points), historical performance (20 points), cost of City services (15 points), other economic impact (10 points), track record of timely document submission to the City (10 points), general attendance (10 points) and event uniqueness (10 points). Return on Investment (25 points): Detail the return on investment to the community based on tourism. Consider any additional Lodgers' Tax generated as a direct result of your organization or event, along with any estimated attendance from out-of-town visitors and estimated room nights in local lodging facilities. Historical performance (20 points): Include award dollars used, prior attendance and room nights, plus Lodgers' Tax per attendee. 4 Estimated cost of service request from City Departments (15 points): Please refer to Page 2 of application. Other Economic Impact (10 points): Additional Gross Receipts Tax generated as a direct result of your organization or event (restaurants, purchases in local stores). 5 General Attendance to Event (10 points): Please consider both local and out-of-town attendees. Uniqueness of the event (10 points): What makes this event different from others? Occupancy Tax Board Use Only Return on Investment (1-25): ________________ General Attendance (1-10): ________________ historical Performance (1-20): ________________ Timely document submission (1-10): ________________ Cost of City Services (1-15): ________________ Uniqueness of Event (1-10) ________________ Other Economic Impact (1-10): ________________ Total (100 possible) ________________ 6