HomeMy WebLinkAbout3898 ORDINANCE NO. ~9~ ~ ~o~\
An Ordinance establishing a new Busines~Lice~se Fee
and Occupatj~-Xpand~aling Orjii~nce~os. 841, .~
§§1 and 2/~.~, ~3~4 §1, 362~-~20, ~9'i7, ~002, ~v21,
3~9, ~5~,x~, ~8~5, ~nd 3586, and all ~rior ordinances.
SECTION 1: EXERCISE OF REVENUE LICENSE PO~ER: The
provisions of this Chapter shall be deemed an exercise of the
power of the City of Bremerton to license and/or tax for revenue
the privilege of engaging in business in the City of Bremerton.
SECTION 2: DEFINITIONS-INTRODUCTORY: In construing the
provisions of this Chapter, save when otherwise declared or
clearly apparent from the context, the following definitions
shall be applied.
(a): TREASURER: "Treasurer" shall mean the City Treasurer
of the City of Bremerton.
(b): TAX YEAR or TAXABLE YEAR: The term "tax year" or
"taxable year" shall mean either the calendar year or the
taxpayer's fiscal year when permission is obtained from the
Treasurer to use a fiscal year in lieu of the calendar year.
(c): PERSON or COMPANY: The word "person" or "company"
herein used interchangeably, means any individual, receiver,
assignee, trustee in bankruptcy, trust, estate, firm
co-partnership, joint venture, club, company, joint-stock
company, business trust, corporation, association, society, or
any group of individuals acting as a unit, whether mutual,
co-operative, fraternal nonprofit or otherwise, and includes the
United States or any instrumentality thereof, provided a valid
tax may be levied upon or collected therefrom under the
provisions of this Chapter.
(d): NONPROFIT: In order to qualify for nonprofit
deductions or exemptions, proof of such nonprofit status must be
provided to the Treasurer. An exemption from taxation pursuant
to the Internal Revenue Code of 1954, as amended, is the only
acceptable indication of nonprofit status.
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(e): SALE, CASUAL or ISOLATED SALE: "Sale" means any
transfer of the ownership of or title to property for a valuable
consideration and includes any activity classified as a "sale at
retail" or "retail sale" under Subsection (f). It includes
conditional sale contracts, leases with options to purchase, and
any other contract under which possession of the property is
given to the purchaser but title is retained by the vendor as
security for the payment of the purchase price. It also includes
furnishing of food, drink or means for compensation, whether
consumed upon the premises or not.
"Casual or isolated sale" means a sale made by a person who
is not engaged in the business of selling the type of property
involved.
(f): SALES AT RETAIL, RETAIL SALE: "Sale at retail" or
"retail sale" means every sale of tangible personal property
(including articles produced, fabricated or imprinted) other than
a sale to one who (a) purchases for the purpose of resale as
tangible personal property in the regular course of business, or
(b) installs, repairs, cleans, alters, imprints, improves,
constructs or decorates real or personal property of or for
consumers, if such tangible personal property becomes an
ingredient or component or such real or personal property, or (c)
purchases for the purpose of consuming the property purchased in
producing for sale a new article of tangible personal property or
substances, of which such property becomes an ingredient or
component or as a chemical used in processing, when the primary
purpose of such chemical is to create a chemical reaction
directly through contact with an ingredient of a new article
being produced for sale. The term also means every sale of
tangible personal property to persons engaged in any business
which is taxable under Section 8.
The term "sale at retail" or "retail sale" shall include the
sale of or charge made for tangible personal property consumed
and/or for labor and services rendered in respect to the
following: (a) the installing, repairing, cleaning, altering,
imprinting or improving of tangible personal property of or for
consumers, excluding, however, services rendered in respect to
live animals, birds and insects; (b) the constructing, repairing,
decorating or improving of new or existing buildings or other
structures under, upon, or above real property of or for
consumers, including the installing or attaching of any article
of tangible personal property therein or thereto, whether or not
such personal property becomes a part of the realty by virtue of
installation, and shall also include the sale of services or
charges made for the clearing of land and the moving of earth to
the extent necessary for such constructing or improving, unless
the charge therefor is stated separately from other charges made
in connection with the work performed under such rules as the
Treasurer may prescribe; (c) for the furnishing of lodging and
related services to transients in or 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, and 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 enjoy the same.
The term shall not include the sale of or charge made for
labor and services rendered in respect to the mere cleaning,
fumigating, razing or moving of existing buildings of structures,
or the building, repairing, or improving of any publicly owned
street, pla~e, road, highway, bridge or trestle, which is used or.
to be used~linclude sales of feed, seed, fertilizer and spray
materials to persons for the purpose of producing for sale any
agricultural product whatsoever, including milk, eggs, wool, fur,
meat, honey or other substances obtained from animals, birds or
insects.
(g): SALE AT WHOLESALE, WHOLESALE SALE: "Sale at wholesale"
or "wholesale sale," means any sale of tangible personal property
which is not a sale at retail and means any charge made for labor
and services rendered for persons who are not consumers, in
respect to real or personal property, if such charge is expressly
defined as a retail sale by Subsection (f) or to consumers;
provided, that the term "real or personal property" as used in
this Section shall not include any natural products named in
Subsection V.
(h): GROSS PROCEEDS OF SALES: "Gross proceeds of sales"
means the value proceeding or accruing from the sale of tangible
personal property and/or for services rendered, without any
deduction on account of the cost of property sold, the cost of
materials used, labor costs, interest, discount paid, delivery
costs, taxes or any expense whatsoever paid or accrued and
without any deduction on account of losses.
(i): GROSS INCOME OF THE BUSINESS: "Gross income of the
business" means the value proceeding or accruing by reason of the
transaction of the business engaged in and includes gross
proceeds of sales, compensation for the rendition of services,
gains realized from trading in stocks, bonds, or other evidences
of indebtedness, interest, discount, rents, royalties, fees,
commissions, dividends and other emoluments however designated,
all without any deduction on account of the cost of tangible
property sold, the cost of materials used, labor costs, interest,
discount, delivery costs, taxes or any other expense whatsoever
paid or accrued and without any deduction on account of losses.
(j): VALUE PROCEEDING OR ACCRUING: The term "value
proceeding or accruing" means the consideration, whether money,
credits, rights or other property expressed in terms of money,
actually received or accrued. The term shall be applied, in each
case, on a cash receipts or accrual basis according to which
method of accounting is regularly employed in keeping the books
of the taxpayer. The Treasurer may provide, by regulation, that
the value proceeding or accruing from sales on the installment
plan under conditional sales contracts may be reported as of
dates when the payments become due.
(k): MANUFACTURER: The word "manufacturer" means every
person who, either directly or by contracting with others for the
necessary labor or mechanical services, manufactures for sale or
for commercial or industrial use from his own materials or
ingredients any articles, substances or commodities. When the
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owner of the equipment or facilities furnishes or sells to the
customer prior to manufacture, all or a portion of the materials
that become a part or whole of the manufactured article, the
Treasurer shall prescribe equitable rules for determining tax
liability.
(1): TO MANUFACTURE: The term "to manufacture" embraces
all the activities of a commercial or industrial nature wherein
labor or skill is applied, by hand or machinery, to materials so
that as a result thereof a new, different or useful article of
tangible personal property or substances of trade or commerce is
produced and shall include the production or fabrication of
special made or custom made articles.
(m): COMMERCIAL OR INDUSTRIAL USE: "Commercial or
industrial use" means the following uses of products, including
byproducts, by the extractor or manufacturer thereof:
1. Any use as a consumer; and
2. The manufacturing of articles, substances or
commodities from extracted products, including byproducts.
(n): BUSINESS: "Business" includes all activities engaged
in with the object of gain, benefit or advantage to the taxpayer
or to another person or class, directly or indirectly.
(o): ENGAGING IN BUSINESS: The term "engaging in business"
means commencing, conducting or continuing in business and also
the exercise 0f corporate or franchise powers, as well as
liquidating a business when the liquidators thereof hold
themselves out to the public as conducting such business.
(p): CASH DISCOUNT: The term "cash discount" means a
deduction from the invoice price of goods or charge for services
which is allowed if the bill is paid on or before a specified
date.
(q): TUITION FEE: The term "tuition fee" shall be
construed to include library, laboratory, health service and
other special fees, and amounts charged for room and board by an
educational institution when the property or services for which
such charges are made is furnished exclusively to the students or
faculty of such institutions; provided, that the term
"educational institution," as used herein, shall be construed to
mean only those institutions created or generally accredited as
such by the State and offering to students an educational program
of a general academic nature, or those institutions which are not
operated for profit and which are privately endowed under a deed
of trust to offer instructions in trade, industry and
agriculture, but not including specialty schools, business
colleges, trade schools or similar institutions.
(r): SUCCESSOR: "Successor" means any person who shall,
through direct or mesne conveyance, purchase or succeed to the
business, or portion thereof, or the whole or any part of the
stock of goods, wares or merchandise or fixtures or any interest
therein of a taxpayer quitting business, selling out, exchanging
or otherwise disposing of his business. Any person obligated to
fulfill the terms of a contract shall be deemed a successor to
any contractor defaulting in the performance of any contract as
to which such person is surety or guarantor.
(s): TAXPAYER: The word "taxpayer" includes any
individual, group of individuals, corporation or association
required to have a Business License Certificate hereunder, or
liable for any license fee or tax, or for the collection of any
license fee or tax hereunder, or who engages in any business, or
who performs any act, for which a license fee or tax is imposed
by this Chapter.
(t): REPORTING PERIOD; QUARTERLY PERIOD: "Quarterly
period" shall mean a three (3) month period beginning with the
first day of the following months: January, April, July and
October.
(u): CITY: The word "city" shall mean the City of
Bremerton.
(v): EXTRACTOR: "Extractor" means every person who from
his own land or from the land of another under a right or license
granted by lease or contract, either directly or by contracting
with others for the necessary labor or mechanical services, for
sale or for commercial or industrial use, mines, quarries, takes
or produces coal, oil, natural gas, ore, stone, sand, gravel,
clay, mineral or other natural resource product, or fells, cuts
or takes timber, Christmas trees or other natural products, or
takes, cultivates, or raises fish, shellfish or other sea or
inland water foods or products. It does not include persons
performing under contract the necessary labor or mechanical
services for others.
SECTION 3: BUSINESS LICENSE REQUIRED; APPLICATION FEE: No
person, whether subject to the payment of a tax or not, shall
engage in any business or activity in the City of Bremerton
without having first obtained and being the holder of a valid and
subsisting license to do so, to be known as a "business license,"
issued under the provisions of this Chapter, as hereinafter
provided. The application fee for the business license is to be
set at Ten Dollars ($10.00) and is to be non-refundable whether
or not the license application is later denied. Applications for
the license shall be made to and issued by the Treasurer or his
duly authorized agent. The license shall be valid as long as the
person to whom the same is issued continues in business and pays
the license fee or occupation tax due pursuant to the provisions
of this Chapter.
SECTION 4: TRANSFERABILITY: Said license shall be personal
and nontransferable. In case business is transacted at two or
more separate places by one taxpayer, a separate certificate for
each place at which business is transacted with the public shall
be required, but for such additional certificates, no additional
application or quarterly fee shall be required. Each license
shall be numbered, shall show the name, place and character of
business of the taxpayer, such other information as the Treasurer
shall deem necessary, and shall at all times be conspicuously
posted in the place of business for which it is issued.
Where a place of business of the licensee is changed, the
licensee shall return to the Treasurer and complete a new
application form. A new certificate shall then be issued free of
charge, subject to departmental approval.
No person to whom a license has been issued pursuant to
this Ordinance shall suffer or allow any person for whom a
separate license is required to operate under or display such
license, nor shall such other person operate under or display
s%ch license.
SECTION 5: QUARTERLY LICENSE FEE OR OCCUPATION TAX: Any
person engaging in any business activity within the City of
Bremerton shall pay, on a quarterly basis, the greater of a Two
Dollar ($2.00) license fee or the occupation tax, if any, imposed
by this Chapter, unless such person makes an annual return
pursuant to approval of the Treasurer. Any person making an
annual return shall pay, on an annual basis, the greater of an
Eight Dollar ($8.00) annual license fee or the occupation tax, if
any, imposed by this Chapter.
SECTION 6: QUARTERLY PAYMENTS OF LICENSE FEES: The license
fee imposed by this Chapter, except the Ten Dollars ($10.00)
required to accompany the application, shall be due and payable
in quarterly installments and remittance therefor shall be made
on or before the last day of the month next succeeding the end of
the quarterly period, that is, on October thirty-first (31),
January thirty-first (31), April thirtieth (30), and July
thirty-first (31) of each year.
SECTION 7: METHOD OF PAYMENT: The license fee payable
hereunder shall be paid to the City by bank draft, certified
check, cashier's check, personal check or money order or in cash.
If payment is made by draft or check, the fee shall not be deemed
paid unless the check or draft is honored in the usual course of
business, nor shall the acceptance of any sum by the City be an
acquittance or discharge of the fee unless the amount of payment
is in the full and actual amount due.
SECTION 8: PERSONS ALSO SUBJECT TO TAX - AMOUNT: 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 by-products, gross proceeds of sales or gross
income of the business, as the case may be, for the three (3)
calendar months preceding the beginning of each quarterly period,
as follows:
(a) Upon every person engaging within this City in business
as an extractor, as to such persons the amount of the tax with
respect to such business shall be equal to the value of products
including by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of One and One-Quarter
Tenths of One Percent (.00125), until October 1, 1984, when the
rate shall revert to One Tenth of One Percent (.001)i The
measure of the tax is the value of the products, including
by-products so extracted, regardless of the place of sale or the
fact that deliveries may be made to points outside the City.
(b) Upon every person engaging within this City in business
as a manufacturer, as to such persons, the amount of tax with
respect to such business shall be equal to the value of the
products, including by-products, manufactured, multiplied by the
rate of One and One-Quarter Tenths of One Percent (.00125), until
October 1, 1984, when the rate shall revert to One Tenth of One
Percent (.001). The measure of the tax is the value of the
products, including by-products, so manufactured, regardless of
the place of sale or the fact that deliveries may be made to
points outside the City.
(c) Upon every person, except persons taxable under
Subparagraph (e) of this Section, engaging within the City in the
business of making sales at wholesale, as to such persons the
amount of the tax with respect to such business shall be equal to
the gross proceeds of sales of such business multiplied by the
rate of One and One-Quarter Tenths of One Percent (.00125), until
October 1, 1984, when the rate shall revert to One Tenth of One
Percent (.001).
(d) Upon every person engaging within this City in the
business of making sales at retail, as to such persons the amount
of tax with respect to such business shall be equal to the gross
proceeds of such sales of the business without regard to the
place of delivery of articles, commodities or merchandise sold,
multiplied by the rate of One and One-Quarter Tenths of One
Percent (.00125), until October 1, 1984, when the rate shall
revert to One Tenth of One Percent (.001).
(e) Upon every person engaging in this City in the business
of buying wheat, oats, corn and barley, but not including any
manufactured or processed products thereof, and'selling the same
at wholesale, the tax herein imposed shall be equal to the gross
proceeds derived from such sales multiplied by the rate of One
and One-Quarter Tenths of One Percent (.00125), until October 1,
1984, when the rate shall revert to One Tenth of One Percent
(.001).
(f) Upon every person engaging within this City in the
business of (i) printing and publishing periodicals or magazines;
or (ii) building, repairing or improving any publicly owned
street, place, road, highway, bridge or trestle which is used, or
to be used, primarily for foot or vehicular traffic, the tax
herein imposed on such business shall be equal to the gross
income of the business multiplied by the rate of One and
One-Quarter Tenths of One Percent (.00125), until October 1,
1984, when the rate shall revert to One Tenth of One Percent
(.001); or (iii) printing and publishing newspapers, the tax
herein imposed on such business shall be equal to the gross
income of the business multiplied by the rate of One and
One-Quarter Tenths of One Precent (.00125), until October 1,
1984, when the rate shall revert to One Tenth of One Percent
(.001).
(g) Upon every person engaged within this City as a national
bank, state bank, trust company, mutual savings bank, building
and loan association, savings and loan association, security or
other financial business or small loan company, the amount of tax
shall be equal to the gross income of the business multiplied at
the rate of One and One-Quarter Tenths of One Percent (.00125),
until October 1, 1984, when the rate shall revert to One Tenth of
One Percent (.001); subject to and in accordance with the
definitions, deductions and exemptions set forth in RCW Chapter
;
82.04 insofar as the same may be applicable to national banks,
state banks, trust companies, mutual savings banks, building and
loan associations, savings and loan associations, loan companies
and other banking, loan, security or financial institutions.
(h) Upon every person engaging within this City in the
business of radio and television broadcasting, exluding network,
national and regional advertising, computed as a standard
deduction based on the national average thereof as annually
reported by the Federal Communications Commission, or in lieu
thereof by itemization by the individual broadcasting station,
and excluding that portion of revenue represented by the
out-of-state audience computed as a ratio to the station's total
audience as measured by the 100 micro-volt signal strength and
delivery by wire, if any, as to such persons, the amount of tax
on such business shall be equal to the gross income of the
business multiplied by the rate of One and One-Quarter Tenths of
One Percent (.00125), until October 1, 1984, when the rate shall
revert to One Tenth of One Percent (.001).
(i) Upon every person engaging within this City in any
business activity other than or in addition to, those enumerated
in Subsections (a), (b), (c), (d), (e), (f), (g) and (h) above,
the amount of tax on account of such activities shall be equal to
the gross income of the business multiplied by the rate of One
and One-Quarter Tenths of One Percent (.00125), until October 1,
1984, when the rate shall revert to One Tenth of One Percent
(.001). This Subsection includes, among others and without
limiting the scope thereof (whether or not title to material used
in the performance of such business passes to another by
accession, confusion or other than outright sale), persons
engaged in the business of rendering any type of service.~
SECTION 9: MANUFACTURED OR NATURAL GAS: There is levied
upon and shall be collected from every person, firm or
corporation engaged in the sale of manufactured or natural gas
within or partly within the corporate limits of the City, a
business and occupation tax in addition to any franchise tax now
imposed upon the business. Such tax shall be equal to Four
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Percent (4%) of the total gross business rendered within the
City.
SECTION 10: TRANSACTIONS SUBJECT TO TAX: Except where such
a tax is otherwise levied and collected by the City from such
person, there is hereby levied upon and there shall be collected
from every person, as set forth and provided in Section 8 of this
Chapter, a tax on the act or privilege of engaging in business
activities and transactions with the City involving the purchase
of materials, supplies, equipment, improvements and other
contractual services. Such tax shall be levied on the privilege
of accepting and executing the contract, and shall be collected
whether such business activities or transactions occur or take
place within or without the City and whether or not such person
has his office or place of business within or without the City.
Any person engaging in such business activities and/or
transactions with the City shall be taxed on the contractual
transactions in the same manner and form and under the same rules
and regulations and at the same rates of tax as if they were
doing business within the City of Bremerton.
SECTION 11: DETERMINATION OF VALUES: The value of
products, including by-products, extracted or manufactured, shall
be determined by the gloss proceeds derived from the sale
thereof, whether such sale is at wholesale or retail, to which
shall be added all subsidies and bonuses received from the
purchaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-products
by the seller, except:
(a) Where such products, including by-products
are extracted or manufactured for commercial or
industrial use; and
(b) Where such products, including by-products
are shipped, transported out of the City, or to
another person, without prior sale or are sold under
circumstances such that the gross proceeds from the sale
are not indicative of the true value of the subject ~-
matter of the sale.
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In the above cases, the value shall correspond as nearly as
possible to the gross proceeds from sales in the City of similar
products of like quality and character, and in similar~ quantities
by other taxpayers, plus the amount of subsidies or bonuses
ordinarily payable by the purchaser or by any third person with
respect to the extraction, manufacture or sale of such products.
The Treasurer shall prescribe uniform and equitable rules for the
purpose of ascertaining such values.
SECTION 12: BUSINESS WITHIN AND WITHOUT CITY-APPORTIONMENT:
Any person rendering services and maintaining places of business
both within and without this City shall, for the purpose of
computing tax liability under this Section, apportion to this
City that portion of his gross income which' is derived from
services rendered within this City. Where such apportionment
cannot be accurately made by separate accounting methods, the
taxpayer shall apportion to this City that proportion of his
total income which the cost of doing business with the City bears
to the total cost of doing business both within and without the
City.
SECTION 13: ANCILLARY ALLOCATION AUTHORITY OF TREASURER:
To prevent or reduce overlapping municipal taxation, the
Treasurer, at his or her discretion, is authorized to: (a) agree
with one or more Washington cities for a joint audit of a
taxpayer and for the reciprocal application of common principles
or policies consistent with this Code for allocation or
apportionment of the gross proceeds of sales, gross receipts, or
gross income with respect to any taxpayer or any line of
commerce; and (b) as part of an intercity agreement or in concert
with other Washington cities, include or implement reciprocal
policies and procedures, consistent with this Chapter to insure
that this City and the other cities, receive the tax payments
each city is due when a taxpayer who owes tax to this City has,
in good faith, overpaid municipal taxes measured by the
taxpayer's gross proceeds of sales, gross receipts, or gross
income to either city, when such overpayments are due to the City
of Bremerton or the other cities.
SECTION 14: SALES BY CONSIGNEE, BAILEE, FACTOR OR
AUCTIONEER: Every consignee, bailee, factor or auctioneer having
either actual or constructive possession of tangible p~rsonal
property, or having possession of the dDcuments of title thereto,
with power to sell such tangible personal property in his or its
own name and actually so selling, shall be deemed the seller of
such tangible personal property within the meaning of this
Chapter and, further, the consignor, bailor, principal or owner
shall be deemed a seller of such property to the consignee,
bailee, factor or auctioneer.
The burden shall be upon the taxpayer in every case to
establish the fact that such taxpayer is not engaged in the
business of selling tangible personal property but is acting
merely as broker or agent in promoting sales for a principal;
such claim will be allowed only when the taxpayer's account
records are kept in such manner as the Treasurer shall, by
general regulation, provide. (Ord. 1917 7,1951)
SECTION 15: EXEMPTIONS: Except as hereinafter provided,
the provisions of this Chapter shall not apply to:
(a) Any person in respect to insurance businesses upon which
a tax based on gross premiums is paid to the State of Washington,
provided, however, that the provisions of this Subparagraph shall
not exempt any person engaging in the business of representing
any insurance company, whether acting as broker or solicitor for
such companies, and provided further that the provisions of this
Subparagraph shall not exempt any bonding company from tax with
respect to gross income derived from the completion of any
contract as to which it is a surety, or as to any liability as
successor to the liability of the defaulting contractor.
(b) Any fruits, vegetables, berries, butter, eggs, fish,
milk, poultry, meats or any farm produce or edibles raised,
caught, produced or manufactured and sold by any farmer or
gardener.
{c) Any person in respect to the business of conducting
boxing contests and sparring and/or wrestling matches and
14
exhibitions for the conduct of which a license must be secured
from the State Athletic Commission.
(d) Any person in respect to the business of conducting race
meets for the conduct of which a license must be secured from the
State Horse Racing Commission.
(e) Any person in respect to his employment in the capacity
of an employee or servant as distinguished from that of an
independent contractor.
(f) Fraternal benefit societies, as defined in Revised Code
of Washington, Section 48.36.0100, fraternal mutual property
insurers, as defined in Revised Code of Washington, Section
48.36.410, and beneficiary corporations or societies organized
under and existing by virtue of Revised Code of Washington,
Sections 24.16.010 to 24.16.140 inclusive, if such corporations
or societies provide in their bylaws for the payment of death
benefits as authorized in Revised Code of Washington, Section
24.16.100.
{g) The gross income received by the United States or any
instrumentality thereof and by the State of Washington or any
municipal subdivision thereof; provided, however, that the
exemption contained in this Subsection shall only apply to gross
income which the City is prohibited from taxing pursuant to the
terms of any federal or state law.
(h) Amounts derived from the lease, rental or sale of real
estate; provided, however, that nothing herein shall be construed
to allow a deduction of amounts derived from engaging in any
business wherein a mere license to use or enjoy real property is
granted or to allow a deduction of amounts received as
commissions from the sale or rental of real estate.
(i) Casual or isolated sales: The term "casual or isolated
sales" is defined by RCW 82.04.040- as a sale made by a person who
is not engaged in the business of selling the type of property
involved. Any sales which are routine and continuous must be
considered to be an integral part of the business operation and
are not casual or isolated sales.
(j) Nothing in this Chapter shall be construed as imposing a
license fee on any interstate or foreign commerce.
SECTION 16: DEDUCTIONS: In computing the occupation tax,
there may be deducted from the measure of tax the following
items:
(a) Amounts derived by persons, other than those engaging in
banking, loan, security or other financial businesses, from
investments or the use of money as such, and also amounts derived
as dividends by a parent from its subsidiary corporations.
(b) Amounts derived from bona fide initiation fees, dues,
contributions, donations, tuition fees and endowment funds. The
provisions of this Paragraph shall not be construed to exempt any
person, association or society from tax liability upon selling
tangible personal property or upon providing facilities or
services for which a special charge is made to members or others;
provided that dues which are for or graduated upon the amount of
service rendered by the recipient thereof are not permitted as a
deduction hereunder.
(c) The amount of cash discount actually taken by the
purchaser. This deduction is not allowed in arriving at the
taxable amount under the extractive or manufacturing
classifications with respect to articles produced or
manufactured, the reported values of which, for the purposes of
this tax, have been computed according to the provisions of
Section 11.
(d) The amount of credit losses actually sustained by
taxpayers whose regular books of account are kept upon an accrual
basis.
(e) Amounts derived from business which the City is
prohibited from taxing under the Constitution or laws of the
State or the Constitution or laws of the United States.
(f) Amounts derived as compensation for services rendered to
patients by a hospital or other institution which is organized as
a nonprofit corporation devoted to the care of human beings with
respect to the prevention or treatment of disease, sickness or
suffering, but only if no part of the net earnings received by
16
such an institution inures directly or indirectly to any person
other than the institution entitled to deduction hereunder. In
no event shall any such deduction be allowed unless the hospital
building is entitled to exemption from taxation under the
property tax laws of the State of Washington, and unless the
Superintendent or other proper officer of the institution, under
oath, makes annual reports to the State of Washington Department
of Health of its receipts and disbursements during the preceding
year, specifying in detail the sources from which receipts have
been derived and the object to which disbursements have been
applied, and furnishes in such report full and complete vital
statistics for the use and information of the State of Washington
Department of Health.
(g) Amounts derived from the business of producing, selling
or distributing motor vehicle fuel, as that term is defined in
Revised Code of Washington, Section 82.36.010.
(h) By those engaged in banking, loan, security or other
financial businesses, amounts derived from interest received on
investments or loans primarily secured by first mortgages or
trust deeds on non-transient residential properties.
(i) By those engaged in banking, loan, security or other
financial businesses, amounts derived from interest paid on all
obligations of the State of Washington, its political
subdivisions and municipal corporations organized pursuant to the
laws thereof.
(j) Amounts derived as interest on loans by a lending
institution which is owned exclusively by its borrowers or
members and which is engaged solely in the business of making
loans for agricultural production.
(k) Amounts derived from program service fees, government
grants and/or contract receipts, and private foundation grants by
any organization organized and operated for charitable,
educational or other purposes, which is exempt from taxation
pursuant to Section 501(c)(3) of the Internal Revenue Code of
1954, as Amended; provided, however, that amounts derived from
17
selling, altering or repairing tangible personal property shall
not be considered a deductible item.
(1) Amounts expended for medical, nursing, ambulance,
hospital and other appropriate out-patient care as charges and
service fees by non-profit health care organizations for the
benefit of subscribers to its services where none of said medical
services are furnished by the organization itself and where none
of such fees and charges inure to the benefit of the organization
or any of its employees.
SECTION 17: QUARTERLY PAYMENTS OF OCCUPATION TAX: The
occupation tax imposed by this Chapter, except the Ten Dollars
($10.00) required to accompany the application, shall be due and
payable in quarterly installments, and remittance therefor shall
be made on or before the last day of the month next succeeding
the end of the quarterly period in which the tax accrued, that
is, on October thirty-first (31), January thirty-first (31),
April thirtieth (30), and July thirty-first (31) of each year.
The remittance shall be made as hereinafter provided and shall be
accompanied by a return on a form to be provided and prescribed
by the Treasurer. To the return, the taxpayer will be required
to swear and affirm that the information therein given is full
and true and that the taxpayer knows the same to be so.
SECTION 18: ANNUAL RETURN: Whenever the total tax for which
any person is liable uhder this Chapter qualifies him for an
annual return, in the judgment of the Treasurer and upon request
of the taxpayer, an annual return may be made.
SECTION 19: FIRST RETURN: Whenever a taxpayer commences to
engage in business during any quarterly period, his first return
and the occupation tax shall be based upon and cover the portion
of the quarterly period during which he is engaged in business.
SECTION 20: METHOD OF PAYMENT: The occupation tax payable
hereunder shall, at the time the return is required to be filed
hereunder, be paid to the City by bank draft, certified check,
cashier's check, Personal check or money order or in cash. If
payment is made by draft or check, the tax shall not be deemed
paid unless the check or draft is honored in the usual course of
18
business, nor shall the acceptance of any sum by the City be an
acquittance or discharge of the tax unless the amount of payment
is in the full and actual amount due. The return shall be
presented to the Treasurer who shall endorse thereon the date and
amount of payment received by him and file same.
The Treasurer is authorized, but not required, to mail to
taxpayers forms for applications for business licenses and forms
for tax returns, but failure of the taxpayer to receive any such
forms shall not excuse the taxpayer from making application for
and securing the business license required, or making returns and
payments of the license fee or tax when and as due hereunder.
SECTION 21: RECORDS: It shall be the duty of every person
who is required to obtain a business license or who is liable for
any fee or tax imposed by this Chapter, to keep and preserve for
a period of five (5) years, such books and records as will
accurately reflect the amount of his gross income, gross proceeds
of sales or values of products, as the case may be, and from
which can be determined the amount of any fee or tax for which he
may be liable under the provisions of this Chapter; provided,
however, that any taxpayer utilizing punchboards and/or pull tabs
taxable under Section 3.72 of the Municipal Code of the City of
Bremerton and this Chapter may, at his option, retain unsold
punchboards and/or pull tab chances for the six consecutive
months last passed, conditioned upon his entry into an agreement
with the City of Bremerton, as approved by the City Attorney,
providing that the taxpayer agrees that, upon an audit, the
Treasurer or his duly authorized agent shall utilize the records
available for such six month period for the purpose of developing
an error factor, which error factor shall be applied to the
punchboard and/or pull tab income over the total period subject
to audit. The term "books and records," as used in this Section,
includes the taxpayer's copies of his Federal income tax returns,
Federal excise tax returns, State of Washington excise tax
returns, City of Bremerton excise tax returns and copies of the
income tax and excise tax audits made by the United States or
State of Washington and furnished to such person. The taxpayer's
19
books and records shall be open for examination at all reasonable
times by the Treasurer or his duly authorized agent.
In the case of any taxpayer who does not keep the necessary
books and records within the City for examination, it shall be
sufficient if such person produces the same within the City as
instructed or required by the Treasurer, or if such person bears
the cost of examination by the Treasurer's agent at the place
where such books and records are kept; provided that the person
electing to bear such cost shall pay, in advance, to the
Treasurer the estimated amount thereof, including round-trip
fare, lodging, meals and incidental expenses, subject to
adjustment upon completion of the examination.
Any taxpayer who fails, neglects or refuses to produce such
books and records either within or without the City, in addition
to being subject to other civil and criminal penalties provided
by this Chapter, is subject to a jeopardy fee or tax assessment
by the Treasurer under the provisions of this Chapter, which
jeopardy assessment shall be deemed prima facie correct and shall
be the amount of fee or tax owing the City by the taxpayer unless
he can prove otherwise by competent evidence. The taxpayer shall
be notified by mail by the Treasurer of the amount of tax so
determined by jeopardy assessment, together with any penalty
and/or interest and the total of such amounts shall thereupon
become immediately due and payable.
SECTION 22: PUBLIC WORK CONTRACTS: PAYMENT OF FEE AND TAX
BEFORE FINAL PAYMENT. The Treasurer shall, before issuing any
warrant making final payment to any person performing any public
work contract for the City, require such person to pay, in full,
all license fees or taxes due under this Chapter from such person
on account of such contract or otherwise, and shall require such
taxpayer to file with the Treasurer a verified list of all
subcontractors supplying labor and/or materials to the taxpayer
in connection with said public work.
SECTION 23: EXTENSION TIME FOR PAYMENT-INTEREST-PENALTY:
The Treasurer for good cause shown, may extend the time for
making and filing any return as required under this Ordinance and
20
may grant such reasonable additional time within which to file
such returns as he may deem proper; provided that any extensions
in excess bf thirty (30) days shall be conditioned upon payment
of interest of one percent (1%) for each thirty (30) days or
portion thereof on the amount of the tax from the date upon which
said tax became due. If payment of any tax due under this
Ordinance is not received by the Treasurer by the last day of the
month in which the tax was due, there shall be added to such tax
a penalty as follows:
1-30 days, 10% of tax due, minimum penalty of $3.00
31-60 days, 15% of tax due, minimum penalty of $4.00
61 days or more, 20% of tax due, minimum penalty of $5.00
The Treasurer shall notify the taxpayer by mail of the amount of
any penalties so added or assessed and the same shall become due
and shall be paid within ten (10) days from the date of such
notice.
In addition to this penalty, the City Treasurer may charge
the taxpayer interest of one percent (1%) of all taxes and fees
due for each thirty day period or portion thereof, that said
amounts are past due.
Failure to make payment in full of all tax amounts and
penalties within sixty (60) days following the day the tax amount
initially became due, shall be both a civil and criminal
violation of this Section.
SECTION 24: SALE OR TRANSFER OF BUSINESS: Upon the sale or
transfer during any quarterly period of a business on account of
which a tax is hereby required, the purchaser or transferee
shall, if the tax has not been paid in full for said quarterly
period, be responsible for the payment of the tax for that
portion of the quarterly period during which he carries on such
business.
SECTION 25: APPLICATIONS AND RETURNS CONFIDENTIAL: The
returns made to the Treasurer pursuant to this Chapter shall not
be made public, nor shall they be subject to the inspection of
any person except the City Attorney, Treasurer, Business License
Inspector, Auditor or the authorized agents thereof, or to the
21
Police Chief or the authorized agents thereof during the course
of an official investigation, or to the proper office of the
Internal Revenue Service of the United States, or to the proper
tax department of any state, city, town or county for official
purposes, but only if the statutes of such other state, city,
town or county, as the case may be, grants substantially similar
privileges to the proper officers of this City. The foregoing,
however, shall not prevent persons authorized to inspect
applications and returns from giving facts or information in
evidence in any court action involving license fees or taxes
imposed under this Ordinance, or involving any department of the
state, if such facts and information are relevant to the issues
in such cases. Applications made to the Treasurer pursuant to
this Chapter shall not be made public, except information
regarding the owner's name, business address and telephone; nor
shall they be subject to the inspection of any person, except the
proper City agents in the course of their duties, or to the
proper office of the Internal Revenue Service of the United
States, or to the proper tax department of any state, city, town
or county for official purposes, but only if the statutes of such
other state, city, town or county, as the case may be, grants
substantially similar privileges to the proper officers of this
City. It shall be unlawful for any person to make public or to
inform any other person as to the contents of any information
contained in or to permit inspection of any application or return
except as in this Section authorized, or whenever required by RCW
42.17, the Public Disclosure Act.
SECTION 26: UNDERPAYMENT OF TAX: If, upon examination of
any returns or from other information obtained by the Treasurer,
it appears that a tax or penalty has been paid less than the
properly due amount, the Treasurer shall assess against the
taxpayer such additional amount found to be due and shall add
thereto interest at the rate of One Percent (1%) for each thirty
(30) days or portion thereof, compounded monthly, from the
respective due dates of such additional amount until the date of
such assessment. The Treasurer shall notify the taxpayer by mail
22
of the additional amount and the same shall become due and shall
be paid within ten (10) days from the date of notice, or within
such further time as the Treasurer may provide. If payment is
not received by the Treasurer by the due date specified in the
notice, the Treasurer shall add a penalty of Ten Percent (10%) of
the amount of the additional tax found due. If the Treasurer
finds that all or any part of the deficiency resulted from an
intent to evade the tax payable hereunder, a further penalty of
Fifty Percent (50%) of the additional tax found to be due shall
be added.
No assessment or correction of an assessment for additional
taxes due may be made by the Treasurer more than five (5) years
after the close of the tax year, except (i) against a taxpayer
who has not been licensed as required by this Chapter; (ii) upon
a showing of fraud or misrepresentation of a material fact by the
taxpayer, or (iii) where a taxpayer has executed a written waiver
of such limitation.
SECTION 27: OVERPAYMENT OF TAX: If, upon application by a
taxpayer for a refund or for an audit of his records, or upon an
examination of the returns or records of any taxpayer, it is
determined by the Treasurer that within two (2) years immediately
preceding the receipt by the Treasurer of the application by the
taxpayer for a refund or for an audit, or in the absence of such
application, within the two (2) years immediately preceding the
commencement by the Treasurer of such examination, a tax has been
paid in excess of that properly due, the excess amount paid
within such period of two (2) years shall be credited to the
taxpayer's account or shall be refunded to the taxpayer, at his
option. No refund or credit shall be allowed with respect to any
payment made to the Treasurer more than two (2) years before the
date of such application or examination. Where a refund or
credit may not be made because of the lapse of said two (2) year
period, the amount of the refund or credit which would otherwise
be allowable for the portion of the statutory assessment period
preceding the two (2) year period may be offset against the
amount of any tax deficiency which may be determined by the
23
Treasurer for such preceding period. Interest upon any such
refund or credit shall be allowed by the Treasurer at the rate of
Three Percent (3%) per annum.
SECTION 28: FAILURE TO MAKE RETURN: If any taxpayer fails,
neglects, or refuses to make and file his return as and when
required under this Chapter, the Treasurer is authorized to
determine the amount of tax payable, together with any penalty
and/or interest assessed under the provisions of this Chapter
and, by mail, to notify such taxpayer of the amount so
determined, which amount shall thereupon become the tax and
penalty and/or interest and shall become immediately due and
payable.
SECTION 29: APPEALS: Any taxpayer aggrieved by the amount
of the fee or tax found by the Treasurer to be required under the
provisions of this Chapter, may appeal to the City Council from
such finding by filing a written notice of appeal with the City
Clerk within ten (10) days from the time such taxpayer was given
notice of such amount. The Clerk, pursuant to direction from the
City Council shall, as soon as practicable, fix a time and place
for the hearing of such appeal, which time shall be not more than
sixty (60) days after the filing of the notice of appeal, and
shall cause a notice of the time and place thereof to be
delivered or mailed to the appellant. At such hearing before the
City Council, the taxpayer shall be entitled to be heard and to
introduce evidence in his or her own behalf. The City Council
shall render a decision, together with a finding of fact and
conclusions of law based upon the evidence presented at the time
of the hearing and all material on file in the case. The correct
amount of the tax shall be decided by resolution and the City
Clerk shall immediately notify the appellant thereof. The mayor
may, by subpoena, require the attendance at the hearing of any
person, and may also require him to produce any pertinent books
and records. Any person served with such subpoena shall appear
at the time and place therein stated and produce the books and
records required, if any, and shall testify truthfully under oath _
administered by the mayor in charge of the hearing on appeal as
to any matter required of him pertinent to the appeal, and it
shall be unlawful for him to f~il or refuse to do so.
SECTION 30: TREASURER TO MAKE RULES: The Treasurer shall
have the power, and it shall be his duty, from time to time to
adopt, publish and enforce rules and regulations not inconsistent
with this Chapter for the purpose of carrying out the provisions
hereof, and it shall be unlawful to violate or fail to comply
with any such rule or regulation.
SECTION 31: MAILING OF NOTICES: Any notice required by
this Chapter shall be mailed to any taxpayer by ordinary mail,
addressed to the address of the taxpayer as shown by the records
of the Treasurer, or if no such address is shown, to such address
as the Treasurer is able to ascertain by reasonable effort.
Failure of the taxpayer to receive such mailed notice shall not
release the taxpayer from any tax or penalties thereon, nor shall
such failure operate to extend any time limit set by the
provisions of this Chapter.
SECTION 32: FALSE OR FRAUDULENT RETURNS: It shall be
unlawful for any person liable for tax or licensing hereunder to
fail or refuse to secure a license to make the returns as and
when required, or to pay the fee or tax when due, or for any
person to make any false or fraudulent application or return or
any false statement or representation in or in connection with,
any such application or return, or to aid or abet another in any
attempt to evade payment of the fee or tax, or any part thereof,
or for any person to fail to appear and/or testify in response to
Subpoena issued pursuant hereto, or to testify, falsely, upon any
investigation of the correctness of a return, or upon the hearing
of any appeal, or in any manner to hinder or delay the City or
any of its officers in carrying out the provisions of this
Chapter.
SECTION 33: LICENSE FEE ADDITIONAL TO OTHERS: The license
fee and tax herein levied shall be in addition to any license fee
or tax imposed or levied under any law or any other ordinance of
the City of Bremerton except as herein otherwise expressly
provided.
25
SECTION 34: TAX CONSTITUTES DEBT: Any license fee or tax
due and unpaid under this Chapter, and all penalties thereon,
shall constitute a debt to the City of Bremerton and may be
collected by court proceedings in the same manner as any other
debt in like amount, which remedy shall be in addition to all
other existing remedies.
SECTION 35: TAX NOT TO BE PASSED ON: It is not the
intention of this Chapter that the taxes herein levied upon
persons engaging in business be construed as taxes upon the
purchasers or customers, but that such taxes shall be levied
upon, and collectible from, the person engaging in business
activities herein designated, and that such taxes shall
constitute a part of the operating overhead of such persons.
SECTION 36: REVOCATION OF BUSINESS LICENSE: The Treasurer
may revoke or suspend the business license issued to any person
engaged in business activities within the City of Bremerton who
is in default in any payment of any license fee or occupation tax
hereunder, or who shall fail to comply with any of the provisions
of this Chapter, or where any employee of the licensee is engaged
in any conduct which violates any state or local laws or
ordinances at the licensee's place of business, and of which the
licensee has actual or constructive notice, or upon the
recommendation of the county health department that such business
is being managed, conducted or maintained without regard to
proper sanitation and hygiene. Such revocation or suspension
shall take effect ten (10) days from the date of receipt of
notice by certified mail from the Treasurer, unless a hearing
before City Council is requested within that time.
SECTION 37: SEVERABILITY: If any provision or section of
this Chapter shall be held void or unconstitutional, all other
parts, provisions and sections of this Chapter not expressly held
to be void or unconstitutional shall continue in full force and
effect.
SECTION 38: VIOLATION-PENALTIES: Any person violating or
failing to comply with any of the provisions of this Chapter or
any lawful rule or regulation adopted by the Treasurer pursuant
thereto, upon conviction thereof, shall be punished by a fine in
any sum not to exceed Five Hundred Dollars ($500.00).
Any taxpayer who engages in, or carries on, any business
subject to a tax hereunder without having first obtained his
business license, shall be guilty of a violation of this Chapter
for each day during which the business is so engaged in or
carried on, and any taxpayer who fails or refuses to pay the
license fee or tax, or any part thereof, on or before the due
date, shall be deemed to be operating without having his license
to do so.
APPROVED by the City Council on the first reading this ~-
day of ~~ , 1984.
PASSED by the City Council of the City of Bremerton,
Washington, signed by the Mayor and attested by the City Clerk in
authentication of such passage this ~ day of ~~ ,
1984.
MORRIE DAWKINS, Mayor
ATTEST:
KATHLEEN McCLUSKEY, Clerk
27
SUMMARY OF BREMERTON ORDINANCE NO. 3898~
Ordinance establishing a new Business License Fee ~a~_~\
An
and Occupation Tax and repealing Ordinance Nos. 841,
§§1 and 2, 2525 §4, 2384 §1, 3625 §20, 1917, 2002,
2121, 2136, 2385, 2901, 3001, 3172, 3173, 3482, 3483,
3484, 3509, 3592, 3681, 3885 and 3885, and all prior
ordinances.
Section 2: Adds definitions of the following terms to be
used in applying the Ordinance: Treasurer, Nonprofit, Casual or
Isolated Sale, Sales at Retail, Sales at Wholesale, Engaging in
Business, Taxpayer, Reporting Period and City.
Section 3: States that the Ten Dollar business
license application fee will be nonrefundable.
Section 4: Requires Planning Department approval on
business location Changes.
Section 5: New provision to pay minimum tax or license
renewal fee even if no other liability for tax exists.
Section 6: Changes quarterly tax payment due dates to the
thirtieth of the month next succeeding the end of the quarter.
Section 8: Expanded to include a' breakdown of rate
classifications for business and occupation tax Purposes.
Section 9: Carries over new rate increase on Manufactured
or Natural Gas from two percent to four percent.
Section 11: States that subsidies and bonuses must be
included in the determination of gross income for tax purposes.
Section 13: Added to provide for municipal agreements for
allocation and apportionment of tax where mutual taxpayers are
involved. Also allows for joint audits of taxpayers between
municipalities.
Section 15: Adds an exemption for insurance businesses
paying a tax on their gross premiums, any farmer or gardener
selling his or her own produce, and casual sales.
Section 16(g): Allows a deduction for amounts derived from
the business of producing, selling or distributing motor vehicle
fuel, as defined by R.C.W. 82.36.010.
Section 16(h): Allows a deduction by those engaged in
banking, loan, security or other financial businesses on amounts
derived from interest received on investments or loans secured
primarily by first mortgages or trust deeds on non-transient
residential properties.
Section 16(i): Allows a deduction by those engaged in
banking, loan, security or other financial businesses on amounts
derived from interest paid on all obligations of the State of
Washington, its political subdivisions and municipal
corporations.
Section 16(~): Allows a deduction on amounts derived as
interest on loans by a lending institution which is owned
exclusively by its borrowers or members and which is engaged
solely in the business of making loans for agricultural
production.
Section 16(k): Allows a deduction on amounts received from
service fees, government grants and/or contract receipts and
private foundation grants by nonprofit organizations, provided
that amounts derived from selling, altering, or repairing
tangible personal property are not 'considered a deductible item.
Section 16(1): Allows a deduction from amounts expended for
medical, nursing, ambulance, hospital and other appropriate
out-patient care as charges and service fees by nonprofit health
care organizations.
Section 21: Expanded to include an error factor for
gambling audits, travel expenses for out-of-town audits, and a
jeopardy assessment for any taxpayer who fails to provide records
and pay tax due.
Section 23: Adds interest of one percent per month on
delinquent accounts.
Section 25: Revised to allow dissemination of owner's name,
business address an~ telephon~ number and to provide for review
of applications by appropriate City departments.
Section 26: Provides penalties for taxpayers attempting to
evade taxes and extends the statute of limitations on taxpayers
who have never been licensed or have never paid any tax.
Section 27: Revised to provide three percent interest on
refunds to taxpayers for overpayalent of tax.
Section 29: Revised to extend taxpayer appeals from five to
ten days from date of notification, and to extend hearing dates
from ten to sixty days from date of filing.
Section 33: License fee and tax herein levied shall be in
addition to any license fee or tax imposed or levied under any
law or any other ordinance of the City of Bremerton.
Section 36: Expanded to provide for possible license
revocations for Health Department violations, other code
violations, or where any employee of the licensee is engaged in
any conduct which violates any state or local laws or ordinances.
APPROVED by the City Council on the first reading this 25
day of APRIL , 1984.
PASSED by the City Councl of the City of Bremerton,
Washington, signed by the Mayor and attested by the City Clerk in
authentication of such passage this 2 day of MAY ,
1984.
MORRIE DAWKINS, Mayor
ATTEST:
IC~THLEEN L. McCLUSKEY, City Clerk