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HomeMy WebLinkAbout4504 ORDINANCE "-/',~(~ 5/ AN ORDINANCE relating to occupation tax for cellular telephone service companies, and amending Chapter 5.02 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 5.02.070 of the Bremerton Municipal Code is amended to read as follows: 5.02.070 OCCUPATION TAX - RATES - WHO MUST PAY - UTILITIES. There is hereby levied upon and there shall be collected from every person as hereinafter provided for the act or privilege of engaging in business activities within the City, whether his office or place of business be within and/or without the City, an occupation tax, sometimes herein referred to as the "tax",in amounts to be determined by application of the rates given against the value of products, including byproducts, gross proceeds of sales or gross income of the business, as the case may be, as follows: (k) Upon every person, firm or corporation engaged in carrying on a telephone business for hire or for sale of a commodity or a service within or partly within the corporate limits of the City, a tax for the privilege of so doing business, as defined in this section: (1) Upon telephone business, there shall be levied a tax equal to six ~ percent (6%) of the total gross income rendered within the City. r,_ ......... : ............ CELLULAR.JRC - Ordinance Disk 2 - 12/15/94 1 (2) "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, o~ coin telephone services, video communicating data communication, or providing communication transmission for hire, via a local telephone network, toll line or channel, or telephone accessed paging network, cellular -~ ..... ' ..... ~- v ................ telephone service or similar communication or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of competitive telephone service, nor the providing of cable television service, nor the providing of broadcast services by radio or television stations. i. "Cellular Telephone Service" means a two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such az specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology which accomplishes a purpose similar to cellular mobile service. (3) "Competitive telephone service" means the providing by any person of telephone equipment, or apparatus, directory advertising and lease of telephone street directories, or service, other than toll service, related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which may be CELLULAR.IRC - Ordinance Disk 2 - 12/15/94 2 provided by persons not subject to regulation as telephone companies under Title 80 RCW, and for which a separate charge is made. (4) "Deductions." In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: i. Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or the State of Washington. ii. Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010,for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. iii. Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. iv. A deduction from gross income shall be allowed, only to cellular telephone service companies which keep their regular books of account on an accrual basis for cash discounts and credit losses actually sustained by a taxpayer as a result of telephone service business which shall be phased in as follows: twenty percent (20%) of the credit losses occurring in 1995; forty percent (40%) of the credit losses occurring in 1996; sixty CELLULAR.JRC - Ordinance Disk 2 - 12/15/94 3 percent (60%) of the credit losses occurring in 1997; eighty percent (80%) of the credit losses occurring in 1998; and a complete deduction for the credit losses occurring in 1999 and thereafter. (6) Allocation of Income - Cellular Telephone Service. i. Service address: Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to th~ location of the customer's principal service address during the period for which the tax applies. ii. Roaming phones: When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call.. Section 2. Amendment. Section 5.02.130 of the Bremerton Municipal Code is amended to read as follows: 5.02.130 OCCUPATION TAX - DEDUCTIONS. In computing the occupation tax, there may be deducted from the measure of tax the following items: (d) The amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis, except those who are taxed under the provisions CELLULAR.IRC - Ordinance Disk 2 - 12/15/94 4 of BMC 5.02.070(j)- (p); Provided, however, That cellular telephone service shall be allowed such credit losses as permitted under BMC 5.02.070(k)(4)iv; Section 3. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day of PASSED by the City Council of the City of Bremerton this~oe~ d day of ~_~_/.,-4 x~:~zl~, 1995. SHERRIL HUFF~lqEES,~ Council President APPROVED this ~5~ day of~x , 1995. HORTON, Mayor ATTEST: I~A"TH~EN iP_.~,_~-~ McCLUSKE~, City Clerk EFFECTIVE DATE PUBLICATION DATE ORDINANCE NUMBER 2/,.5n ~ .... CELLULAR.JRC - Ordinance Disk 2 - 12/15/94 5