SS/SCS/HB 1041 - This act authorizes the governing body of the City of Festus (Jefferson County) to place a question before the voters regarding imposition of a hotel-motel tax of between 2 and 5 percent for the promotion of tourism.

This act authorizes an increase to the hotel sales tax from six to seven percent and the food sales tax from 1 3/4 to two percent for Poplar Bluff, Sikeston in Stoddard and Pemiscot counties. The increases must be approved by the voters of the jurisdiction. The revenue raised shall be for the purpose of funding tourism, international trade, and convention facilities.

This act allows cities with a population of less than one thousand five hundred inhabitants which have a tourism tax on transient guests to transfer forty percent of tourism funds into the city's general revenue fund and to transfer thirty-five percent into the capital improvements fund, pursuant to voter approval of the same. Under current law, twenty-five percent of the funds must be used for tourism marketing and promotional purposes. This change may only be done pursuant to voter approval.

The act creates a regional taxicab commission for St. Louis City and St. Louis County. The members of the commission will include representatives of the taxicab industry as well as appointees of the Mayor of St. Louis and the St. Louis County Executive. The commission is responsible for creating and implementing a taxicab code that will supersede all city and county ordinances related to the licensing of taxicabs. The powers of the commission to carry out the provisions of the taxicab code are enumerated.

The act allows the Supervisor of the Division of Liquor Control to issue a retail license to sell intoxicating liquor between the hours of 11:00 a.m. and midnight on Sunday to any establishment located in an international airport and owned or leased and operated by an airline. This license will cost $200 in addition to all other fees required by law. City and county regulations and fees will also apply to the license.

The act requires any business engaged in selling pre- arranged travel-related or tourist-related services to keep its registration or certificate of authority to do business with the Secretary of State and file a bond or letter of credit with the Attorney General. The purchaser of a pre-arrange travel-related or tourist-related service will be allowed to rescind the purchase within 15 business days, except when the merchandise or services are provided within the rescission period. The refund must be returned within 14 days. The right of rescission cannot be waived.

The act requires any person intending to use any promotional device or promotional program to sell any travel-related or tourist-related service where a consumer is required to provide any consideration other than monetary for the service to notify the Attorney General in writing within 14 days prior to release of the material to the public.

The act contains an emergency clause on the provisions relating to the sale of liquor in airline clubs.

This act is similar to SBs 723, 834, 1099, 1108 & 1127 (2002).
JEFF CRAVER