Title 45
Towns and Cities

Chapter 59.1
Tourism Improvement Districts

§ 45-59.1-7. Hearing on establishment or renewal.

(a) If the municipality has received a successful petition pursuant to § 45-59.1-6, the municipality shall hold a public hearing on the establishment or renewal of the tourism improvement district prior to adoption of the authorizing resolution. Notice of the public hearing shall be mailed to the owners of the businesses proposed to be subject to the assessment.

(b) The municipality shall provide at least thirty (30) days’ written notice of the public hearing at which the municipality proposes to establish or renew the tourism improvement district and levy the assessment.

(c) A protest may be made by any business owner that will be subject to the proposed assessment. Every protest shall be in writing and shall be filed with the municipality at or before the time fixed for the public hearing. The municipality may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested that shall be sufficient to identify the business and, if a person subscribing is not shown on the official records of the municipality as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from sixty percent (60%) or more of business owners or their authorized representatives, as determined via the same majority calculation method chosen in § 45-59.1-6, and protests are not withdrawn so as to reduce the protests to less than sixty percent (60%), the municipality shall not levy the assessment.

(d) If a tourism improvement district includes multiple municipalities or portions thereof, the notice and hearing process set forth in this section shall be conducted by the lead municipality.