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HomeMy WebLinkAbout2980ORDINANCE NO. 2980 AN ORDINANCE of the City of Port Angeles, Washington, increasing the lodging excise tax from two to four percent and amending Ordinance 1854 as amended and Chapter 3.48 of the Port Angeles Municipal Code. WHEREAS, SSB 5867, enacted as Ch. 452, Laws of 1997, -Provides that cities are authorized to levy and collect a special excise tax not to exceed four percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW; and WHEREAS, SSB 5867 provides that such tax shall be levied only to pay all or any part of the cost of tourism promotion, acquisition of tourism - related facilities, or operation of a tourism - related facility; and WHEREAS, the City Council desires to establish and levy such tax, as recommended by the Lodging Tax Advisory Committee, which will increase the amount of the current lodging excise tax k.ate from two percent to four percent as allowed by SSB 5867; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES WASHINGTON DOES HEREBY ORDAIN as follows: Section 1. Ordinance 1854 as amended and Chapter 3.48 of 'the Port Angeles Municipal Code are hereby amended by amending PAMC 3.48.010, 3.48.020, 3.48.050, 3.48.060, and 3.48.080 to read as follows: 3.48.010 Created. There is hereby created a two four percent sales tax as provided in this Chapter. 3.48.020 Imposition of Tax. There is hereby levied a special excise tax of two four 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 continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same. 3.48.050 Special Fund Created. There is hereby created a special fund in the Treasury of the City. 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, convention ccntcr facilities, facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds i3sucd for such purpo3c or purpo3c3 undcr this Chapter, or to pay for advertising, publicizing, or otherwise distributing information cxpan3ion, and until withdrawn for usc, thc moncy3 accumulated in ouch fund may be invested in intcre3t bearing sccuritic3 by thc Finance Director in any manner authorized by law. tourism promotion. acquisition of tourism - related facilities. or operation of tourism- related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW, as now or hereafter amended. 3.48.060 Administration and Collection of Taxes. For the purpose of the tax levied herein: A. The Department of Revenue of the State of Washington is hereby designated as the agent of the City for the purpose of collection and administration. B. The administrative provisions contained by RCW 82.08.050 through 82.08.070 and in Chapter 82.32 RCW shall apply with respect to administration and collection by the Department. C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are hereby adopted. D. The Department is hereby empowered, on behalf of the City of Port Angeles to prescribe such special forms and reporting procedures as the Department may deem necessary. 3.48.080 Collection. Any seller who is required to collect any tax under the provisions of this Chapter and RCW 67.28.180 for the City of Port Angeles shall pay over such tax as required by the terms of this Chapter, and the first two percent of 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 Ch. 82.08 RCW; provided, that nothing in this Section shall prevent the Department of Revenue from collecting on behalf of the City of Port Angeles, the tax imposed by this Chapter. Section 2 - Severability. If any section or provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this ordinance are declared to be severable. Section 3 - Effective Date. The effective date of the tax imposed by this Ordinance shall be April 1, 1998. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of February , 1998. ATTEST: sla>C0.1 Becky Upton, U Clerk �l P Y APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED : February 8, 1998 (By Summary) 98.02 ter) (Dr Gary GI�C.-� y Brau�, Mayor Summaries of Ordinances Adopted by the Port Angeles City Council on February 3, 1998 Ordinance No. 2979 This Ordinance of the City of Port Angeles amends Ordinance No. 2656, as amended, and Chapter 15.20 of the Port Angeles Municipal Code by revising the City's regulations regarding development in environmentally sensitive areas. Ordinance No. 2980 This Ordinance of the City of Port Angeles increases the lodging excise tax from two to four percent and amends Ordinance 1847, as amended, and Chapter 3.48 of the Port Angeles Municipal Code. The effective date of the tax imposed by this Ordinance shall be April 1, 1998. Ordinance No. 2981 This Ordinance of the City of Port Angeles revises the time for beginning City Council meetings from 7:00 p.m. to 5:30 p.m., establishes that public hearings will be scheduled to begin at seven p.m. or as soon thereafter as possible, and amends Ordinance 2230, as amended, and Chapter 2.04 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances, unless otherwise stated above, shall take effect five days after the date of publication of these summaries. Becky J. Upton City Clerk Publish: February 8, 1998