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HomeMy WebLinkAbout1854ORDINANCE NO. /4,05'L AN ORDINANCE LEVYING A SPECIAL EXCISE TAX OF TWO PER CENT ON THE SALE OF OR CHARGE MADE FOR THE FURNISHING OF LODGING BY A HOTEL, ROOMING HOUSE, TOURIST COURT, MOTEL, TRAILER CAMP, AND DESIGNATING A SPECIAL FUND WHEREBY THE MONIES COLLECTED BY IMPOSING SUCH TAX SHALL BE ACCUMULATED FOR A STADIUM AND /OR CONVENTION CENTER FACILITY, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of CLALLAM COUNTY: Section 1. There is hereby created a two (2) percent sales tax as herein provided: (a) Imposition of tax. There is hereby levied a special excise tax of two (2 %) percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property: Provided, that it shall be presumed that the occupancy of real property for a con- tinuance period of one month or more con- stitutes a rental or lease of real property and not a mere license to use or to enjoy the same. (b) Definitions. The definitions of "Selling Price ", "Seller ", "Buyer ", "Consumer ", and all other definitions as are now contained in RCW 82.08.010, and subsequent amend- ments thereto, are adopted as the definitions for the tax levied herein. (c) Tax imposed additional to others. The tax herein levied shall be in addition to any license fee or any tax imposed or levied under any other ordinance of the City of Port Angeles. (d) Special fund created. There is hereby created a special fund in the Treasury of the City of Port Angeles. All such taxes collected herein shall be placed in such fund for the purpose of paying all or any part of the cost of acquisition, construction, or operating of stadium facilities and /or convention center facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose as specified herein, and until withdrawn for use, the monies accumulated in such fund may be in- vested in interest bearing securities by the Finance Director of the City of Port Angeles in any manner authorized by law. (e) Administration and collection of taxes. For the purpose of the tax levied herein: 1. The Department of Revenue of the State of Washington is hereby designated as the agent of the City of Port Angeles for the purpose of collection and administration. 2. The administrative provisions contained by RCW 82.08.050 through 82.08.070 and in Chapter 82.31 RCW shall apply with respect to admini- stration and collection by the Department. 3. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 are hereby adopted. 4. The Department is hereby empowered, on behalf of the City of Port Angeles to pre- scribe such special forms and reporting pro- cedures as the Department may deem necessary. (f) Penalty for violations. Any person violating or failing to comply with any of the provision of this section or any lawful rule or regulation adopted thereto, upon conviction thereof, shall be punished by a fine of a sum not to exceed Two Hundred Fifty Dollars ($250.00). Each day of violation will be considered a separate offense. Section 2. Any Seller who is required to collect any tax under the provisions of this Ordinance and RCW 67.28.180 for the City of Port Angeles shall pay over such tax as required by the terms of this Ordinance, and such tax shall be deducted from the amount of tax such Seller would otherwise be required to collect and to pay over to the Tax Commission under RCW 82.08; provided, that nothing in this section shall prevent the Department of Revenue for collecting on behalf of the City of Port Angeles, the tax imposed by this Ordinance. Section 3. If any provisions of this Ordinance, or its application to any person or circumstances held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances is not affected. Section 4. This Ordinance will become effective on the �Q 4 day of , 1975. PASSED and APPROVED this day of 1975. C. Vernon Basom, Mayor Paiz/eedZi Marian-C-.-Parrish, City Clerk Apprbyed a Jto`forin: Stanley A. Taygor, City Attbrney PUBLISHED: