Chapter 3.18
AMADOR COUNTY WINE HERITAGE DISTRICT
Sections:
3.18.020 Management district plan.
3.18.030 Activities and improvements.
3.18.110 Amendments to enabling legislation.
3.18.010 Created.
The county of Amador hereby creates the Amador County wine heritage district (ACWHD), for a five-year life, beginning June 1, 2024, or as soon as possible thereafter, and ending five years from its start date, under the provisions of the Property and Business Improvement District Law of 1994, as set forth in the Streets and Highways Code of the state of California, Section 36600 et seq. (Ord. 1848 §1, 2024).
3.18.020 Management district plan.
The management district plan (plan) presented at the final public hearing of the formation of the ACWHD held pursuant to the Property and Business Improvement District Law of 1994 is hereby adopted and approved. (Ord. 1848 §1, 2024).
3.18.030 Activities and improvements.
A. The activities to be provided to benefit businesses in the ACWHD will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the ACWHD; to provide activities or improvements outside the ACWHD; or for any purpose other than the purposes specified in this chapter, the resolution of intention, the resolution of formation, and the plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the ACWHD boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the ACWHD.
B. The board of supervisors finds as follows:
1. The activities funded by the assessment will provide a specific benefit to assessed businesses within the ACWHD that is not provided to those not paying the assessment.
2. The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
3. The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
4. Assessments imposed pursuant to the ACWHD are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a customer, that portion shall be specifically called out and identified for the customer in any and all communications from the business owner as the “ACWHD Assessment” as specified in the plan.
C. The assessments levied for the ACWHD shall be applied toward marketing and brand awareness, quality and education programs, and other improvements and activities as set forth in the plan.
D. Assessments levied on wineries pursuant to this chapter shall be levied on the basis of benefit. Because the services provided are intended to increase sales revenue for assessed winery businesses, an assessment based on gross direct-to-consumer sales revenue on winery sales is the best measure of benefit. (Ord. 1848 §1, 2024).
3.18.040 Budget.
The assessments for the entire ACWHD will total approximately three hundred forty-two thousand dollars in year one. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as sales do and if the assessment rate is increased or decreased. (Ord. 1848 §1, 2024).
3.18.050 Bonds.
Bonds shall not be issued to fund the ACWHD. (Ord. 1848 §1, 2024).
3.18.060 Boundaries.
The established ACWHD includes all wineries, existing and in the future, within the boundaries of the county of Amador, including the cities of Plymouth, Amador City and Sutter Creek as described and shown on the map in the management district plan. (Ord. 1848 §1, 2024).
3.18.070 Assessments.
A. The annual assessment rate is one percent of gross direct-to-consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the county of Amador. Revenue generated from the ACWHD is intended only to provide programs and services for assessed businesses, all of which are located in the county of Amador. Sales made outside of the ACWHD boundaries are not subject to assessment due to a lack of benefit. Assessment dollars will not be spent on any programs or activities to benefit individual winery businesses outside of the county of Amador.
B. During the five-year term, the assessment rate may be increased annually by the ACWHD owners’ association upon approval from the board of supervisors by a maximum of one-half of one percent of gross direct-to-consumer sales revenue per year. The total assessment rate may not exceed two percent. The assessment rate may also be decreased but shall not drop below the initial assessment rate of one percent. Any proposed assessment rate increase or decrease approved by the owners’ association shall be included in the annual report and shall not be effective until approved by the board of supervisors.
C. The assessments shall be used for the purposes set forth herein and any funds remaining at the end of any year may be used in subsequent years in which the ACWHD assessment is levied as long as they are used consistent with the requirements set forth herein. (Ord. 1848 §1, 2024).
3.18.080 Collections.
The county or a third-party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, interest, and overdue charges) from each winery located in the boundaries of the ACWHD. The county or a third-party collection agency shall take all reasonable efforts to collect the assessments from each winery. (Ord. 1848 §1, 2024).
3.18.090 Owners’ association.
The board of supervisors through adoption of this chapter and the plan has the right, pursuant to California Streets and Highways Code Section 36651, to identify the body that shall implement the proposed program, which shall be the owners’ association of the ACWHD as defined in California Streets and Highways Code Section 36612. The board of supervisors has determined that a new 501(c)(6) nonprofit corporation shall be formed to serve as the ACWHD owners’ association. Passage of the ordinance codified in this chapter authorizes the board of supervisors to contract with the owners’ association to administer the ACWHD. (Ord. 1848 §1, 2024).
3.18.100 Annual report.
The owners’ association, pursuant to California Streets and Highways Code Section 36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the ACWHD. (Ord. 1848 §1, 2024).
3.18.110 Amendments to enabling legislation.
The ACWHD formed pursuant to this chapter shall be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et seq.). (Ord. 1848 §1, 2024).