California Code of Regulations
Title 10 - Investment
Chapter 7.65 - Tourism Marketing Act
Subchapter 1 - Definitions
Section 5350 - Definitions

(a) "Accommodation Location" is any passenger car rental location on the property of a hotel, motel or other accommodation facility.

(b) "Act" means the California Tourism Marketing Act, Government Code Section 13995 et seq.

(c) "Airport Location" is any passenger car rental location on an airport property or servicing an airport and subject to either an airport concession agreement or an airport access fee agreement.

(d) "Assessed Business" means a Business which derives any California Gross Receipts from a California Business Location from one or more Industry Segments and participates in the Tourism Assessment Program by paying an annual Assessment pursuant to the Act.

(e) "Assessment" means the amount of Business Location annual fees owed by the Assessed Business to the Office pursuant to the Act.

(f) "Assessment Rate" for the Passenger Rental Car Industry Segment shall be set forth in Section 5357.1 below. For all other segments, the "Assessment Rate" shall be as determined by referendum under the Act.

(g) "Authorized Representative" means a person authorized by the Business to sign and provide the information required in the Registration Form and the Ballot. Examples of authorized representatives include sole proprietor, corporate officers, general partners and fiduciaries.

(h) "Ballot" means the written document sent to Assessed Businesses consisting of the information listed in Section 5355.

(i) "Business" means an individual (sole proprietorship), partnership, fiduciary, corporation, association, or any other business organization, whether operating on a profit or nonprofit basis.

(j) "Business Location" means the California street address where Travel and Tourism Revenues are generated by a Business. If the Business has more than one business license for a single address, then each activity requiring a business license is a separate Business Location.

(k) California Travel and Tourism Commission ("CTTC") is the commission that promotes California as a tourism destination, both domestically and internationally. It is headquartered at 980 9th Street, Suite 480, Sacramento, CA 95814.

(l) "California Gross Receipts" means gross receipts minus returns and allowances from sales in California. Examples of California Gross Receipts are the amount shown on line 1c of Schedule F, Form 100 of the California Franchise Tax Board, 1996 revision date, line 3 on Schedule C, Form 1040 of the Internal Revenue Service, 1996 revision date, or for multi-state operations, column (b) on line 3, "total sales" of schedule R-1 of the California Franchise Tax Board, 1996 revision date.

(m) "Commissioner" means a member of the board of commissioners of the California Travel and Tourism Commission, established pursuant to Government Code Section 13995.40.

(n) "Estimated Amount" means for a given fiscal year the sum of the amount estimated by the Office to be (i) payable as Assessments by all Assessed Businesses other than the Passenger Car Rental Industry Segment and (ii) contributed by the State of California general funding.

(o) "Expenditures" shall mean the total amount of dollars budgeted in a given fiscal year to be spent by CTTC, including without limitation utilities, rent, insurance, services, products, goods, advertising, salaries, building equipment, fixed, tangible and intangible assets.

(p) "Exempt Business" means a Business meeting one or both of the following requirements:

(q) "Exempt Business Location" means a Business Location meeting one or more of the following:

(r) "Exempt Revenues" means:

(s) "Exempt Travel Agent/Tour Operator" means a Business which meets both of the following requirements:

(t) "Industry Category" means the following classifications within the tourism industry:

(u) "Industry Segment" means those subsets of Industry Categories contained in Section 5352.

(v) "Office" means the Office of Tourism of the State of California, Business, Transportation and Housing Agency that administers the California Travel and Tourism Assessment including processing of all payments. It is also located at 980 9th Street, Suite 480, Sacramento, CA 95814.

(w) "Paid in Full" means the Assessed Business has paid all past and current annual Assessments, late fees and/or penalties due.

(x) "Passenger Car Rental Industry Segment" is defined as those companies renting passenger vehicles at an Airport Location or Accommodation Location in California. Passenger Vehicle is as defined in Section 465 of the California Vehicle Code.

(y) "Public Body" means a public entity or a corporation where a majority of the corporation's board of directors is appointed by a public official or public entity, or serves on the corporation's board of directors by virtue of being elected to public office, or both. As used herein, a "public entity" is an agency, department or instrumentality of the United States, State of California, or any political subdivision thereof. As used herein, a "public official" is an employee of a public body or a person elected to the public body, who serves as a representative of that public body when making the appointment.

(z) "Referendum" means any vote by mailed ballot of measures recommended by the Commission and approved by the Secretary pursuant to Government Code Section 13995.60 and/or 13995.92.

(aa) "Referendum Request" means the method used by Assessed Businesses to place on a Referendum additional Commissioner candidates and/or a different assessment level pursuant to Government Code Section 13995.62 and section 5354.1 of this chapter except for the initial referendum, which shall consist of measures contained in the selection committee report, discussed in Section 13995.30.

(bb) "Revenue" is all paid time and/or mileage charges only, including upgrades, as shown on each concluded Rental Agreement, net of any discount at California Airport Locations and Accommodation Locations. Revenue shall not include "replacement rentals". A "replacement rental" is defined as any rental which is a temporary replacement of an individual's primary vehicle arising from loss of use due to maintenance, repairs, physical damage, or theft.

(cc) "Secretary" means the Secretary of the Business, Transportation and Housing Agency, or his/her designee.

(dd) "Tourism Assessment Form" means the form described in Section 5353.

(ee) "Travel and Tourism Revenue" means California Gross Receipts derived from expenditures to and/or within California by people who (1) travel at least fifty (50) miles from home, one way, for purposes other than commuting to work or school; or (2) have an overnight accommodation as part of the travel, regardless of the distance or purpose traveled. "Home" as used in this definition means the place where the person has resided for the most recent 31 consecutive days.

(ff) "Voluntary Participant" means a Business which participates in the Tourism Assessment Program pursuant to Government Code Sections 13995.49 or 13995.77.

(gg) "Weighted Vote" means a vote equal to the Assessment paid by the Assessed Business; used to determine issues on a Referendum pursuant to Government Code Section 13995.64.