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 Horry County
 Code of Ordinances
 Chapter 3. AIRPORTS
 Article I. IN GENERAL

  § 3-2.1. Fee on automobile rental contracts established.  

Latest version.

  • (a)

    From and after the date of beneficial occupancy ("DBO") of the service facilities, and after subsequent and appropriate notice from the director to the on-airport rental car companies, a customer contract fee shall be imposed upon each contract entered into by on-airport rental car company and its customers that is governed by a concession agreement between that on-airport rental car company and the county ("subject contract").

    (b)

    The customer contract fee shall be a fixed uniform amount applied each day or fraction thereof to each subject contract and shall be added to the amounts collected by the rental car company from the renter of the vehicle.

    (c)

    Each on-airport rental car company shall collect the customer contract fee from its customers and shall account for and remit the proceeds of the customer contract fee as an agent of the county as instructed by the director. Any on-airport rental car company which shall fail to collect and/or timely remit the customer contract fee shall be subject to a fine in an amount not greater than three (3) times the amount that the director reasonably estimates should have been collected or remitted.

    (d)

    The director shall set the amount of the customer contract fee from time-to-time at such level as he or she reasonably projects will produce proceeds sufficient to timely repay the debt incurred in connection with the design and construction of the service facilities ("service facilities debt"), and to meet all other financial obligations of the loan instruments associated with the service facilities debt. From time-to-time, as frequently as shall be necessary, the director shall adjust the amount of the customer contract fee and notify the on-airport rental car companies of each adjustment and the reasons for the adjustment.

    (e)

    All amounts collected or required to be collected pursuant to this section shall be airport revenues and retained by the county in the airport fund unless and until disbursed or transferred in payment of the county's obligations with respect to the service facility debt. Any surplus of customer contract fees remaining in the airport funds or due to the county after the service facility debt has been fully retired shall be used by the county for repair of, expansion of or improvements to car rental facilities on the airport.

    (f)

    At such time as the service facilities debt is extinguished or effectively defeased, the director shall notify the on-airport rental car companies to cease collection of the customer contract fee and shall report such action to the county with a recommendation to repeal this section.

(Ord. No. 58-95, §§ 1—6, 8-22-95)

Editor's note

Ordinance No. 58-95, adopted August 22, 1995, did not specifically amend this Code; hence; inclusion as § 3-2.1 was at the discretion of the editor.