                                 CODE OF VIRGINIA

ESTABLISHMENT OR EXTENSION OF THE TOURISM IMPROVEMENT DISTRICT (§ 15.2-2413.5)

A. Not earlier than 30 days after the conclusion of the last day of the public
hearing held pursuant to § 15.2-2413.4, the governing body of the locality that
conducted the hearing process shall determine:

   1. Whether the notice of hearing for all hearings required to be held was
   published and mailed as required by law and is otherwise sufficient;

   2. Whether all the businesses charged a fee within the boundaries of the
   proposed tourism improvement district or extension will benefit from the
   establishment or extension of the tourism improvement district; and

   3. Whether the establishment or extension of the tourism improvement district
   is in the public interest.

B. If the locality determines the question of subdivision A 3 in the negative,
or if the requisite number of owners file objections as provided in subsection B
of &#xA7; 15.2-2413.4, the locality shall not establish or extend the tourism
improvement district, as applicable. Thereafter, no plan for the establishment
or extension of a tourism improvement district to include any business proposed
to be included in the disapproved tourism improvement district may be submitted
until the expiration of at least one year from the date of disapproval.

C. If the locality shall find that notice was incorrectly or insufficiently
given or that any business charged a fee within the boundaries of the proposed
tourism improvement district or extension is not benefited thereby or that
certain businesses benefited thereby had not been included therein, it shall
call a further hearing at a definite place and time not less than 10 days and
not more than 30 days after this determination. In the resolution calling such
hearing, it shall specify the necessary changes, if any, to the boundaries of
the proposed tourism improvement district or extension to be made in order that
all of the benefited businesses are included in the general tourism improvement
district, and only those businesses deemed benefited shall be subject to fees
within such tourism improvement district. Notice of the further hearing shall be
published and mailed in the manner provided in &#xA7; 15.2-2413.4, except that,
where boundaries are to be altered, this notice shall also specify the manner in
which it is proposed to alter the boundaries of the proposed tourism improvement
district or extension. The further hearing shall be conducted in the same manner
as the original hearing.

D. If a locality determines in the affirmative all questions in subsection A, it
may by ordinance establish a tourism improvement district and any ordinances
provided for in &#xA7; 15.2-2413.6.

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