                                 CODE OF VIRGINIA

HEARING ON A PROPOSED TOURISM IMPROVEMENT DISTRICT (§ 15.2-2413.4)

A. After the filing of the tourism improvement district plan pursuant to §
15.2-2413.2 and the submission of a petition pursuant to § 15.2-2413.3, a
locality may adopt a resolution containing:

   1. A copy of the tourism improvement district plan;

   2. A statement that the tourism improvement district plan is on file in the
   clerk&#8217;s office for public inspection;

   3. The time and place the locality will meet and hold a public hearing to hear
   all persons interested in the subject of the tourism improvement district
   plan;

   4. A statement that any business owner who is to be charged a fee under the
   tourism improvement district plan who objects to the plan must file an
   objection with the clerk within 30 days of the conclusion of the hearing on
   forms made available by the clerk; and

   5. The place, if any, other than the clerk&#8217;s office, where the tourism
   improvement district plan may be inspected in advance of the hearing if the
   locality determines that, in the public interest, any additional place of
   inspection is necessary or desirable.

B. Any objection shall be made orally or in writing by any interested person.
Every written objection shall be filed with the clerk at or before the time
fixed for the public hearing. The locality may waive any irregularity in the
form or content of any written objection. A written objection may be withdrawn
in writing at any time before the conclusion of the public hearing. Each written
objection shall contain a description of the business in which the person filing
the objection is interested, sufficient to identify the business, and, if a
person filing is not shown on the official records of the locality as the owner
of the business, the objection shall contain or be accompanied by written
evidence that the person subscribing is the owner of the business or the
authorized representative. A written objection that does not comply with this
section shall not be counted in determining a majority objection. If written
objections are received from the owners or authorized representatives of
businesses in the proposed tourism improvement district that will pay 50 percent
or more of the fees proposed to be charged and objections are not withdrawn so
as to reduce the objections to less than 50 percent, no further proceedings to
charge the proposed fee against such businesses, as contained in the tourism
improvement district plan, shall be taken for a period of one year from the date
of the finding by the locality of such majority objection.

C. The locality shall cause a copy of the resolution adopted under subsection A,
or a summary thereof, to be published at least once in a newspaper in general
circulation in the locality, the first publication to be not less than 10 days
and not more than 30 days before the date set for the hearing. Not less than 10
days and not more than 30 days before the date set for the hearing, the locality
shall mail a copy of the resolution or a summary thereof to each owner of a
business that is proposed to be charged a fee within the proposed tourism
improvement district at the address shown on the locality&#8217;s most recent
list of businesses. If the locality publishes or mails a summary of the
resolution, such summary shall include the address of the clerk, a statement
that copies of the resolution shall be made available free of charge to the
public, the activities proposed, the total estimated annual amount proposed to
be expended for activities, and a statement indicating the rights of owners to
object pursuant to subsection B.

D. If a tourism improvement district includes multiple localities or portions
thereof, the notice and hearing process set forth in this section shall be
conducted by the lead locality. A lead locality may not form a tourism
improvement district within the territorial jurisdiction of another locality
without that locality granting by majority vote of the governing body consent to
the lead locality.

HISTORY: 2021, Sp. Sess. I, c. 500.