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HomeMy WebLinkAbout5343ORDINANCE NO. 5343 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2.15.030 of the Bremerton Municipal Code entitled "Duties," sections of Title 3 entitled "Revenue and Finance," and sections of Title 5 entitled "Business Licenses and Regulations" regarding taxes and licenses. WHEREAS, the City Council desires to amend Section 2.15.030 of the Bremerton Municipal Code entitled "Duties," sections of Title 3 entitled "Revenue and Finance," and sections of Title 5 entitled "Business Licenses and Regulations", regarding taxes and licenses in order to update provisions relating to the transfer of the Tax and License Division from the Department of Financial Services to the Department of Community Development, and to make other related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 2.15.030 of the Bremerton Municipal Code entitled "Duties" relating to the Department of Community Development is hereby amended to read as follows: 2.15.030 DUTIES. The Director of Community Development shall provide for the operation and administration of the building and planning functions for the City including, but not limited to: (a) Processing and issuance of development permits. (b) Long Range Planning, preparation of Comprehensive Plan amendments, and development of land use regulations. (c) Current planning, providing permit processing, land use compliance and enforcement including environmental and shoreline review. (d) Administration of federal community development grant funds and development of resources and policies for other community development projects in the areas of housing, economic development, public facilities, and social service projects. (e) Processing of tax and license applications. The Director of Community Development shall perform such other duties as the City Council or Mayor may direct or as may be required by law. SECTION2. Section 3.50.020 of the Bremerton Municipal Code entitled "Business License - Required" relating to utility taxes is hereby amended to read as follows: 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. Applications for business licenses shall be filed with the Tax and License Division. Page 1 of 19 Tax & Licensing SECTION 3. Section 3.50.070 of the Bremerton Municipal Code entitled "Tax— When Due" relating to utility taxes is hereby amended to read as follows: 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. If full payment of any tax due under this chapter is not received by the Tax and License Division on or before the date due, there shall be added to the amount due a penalty fee pursuant to BMC 3.86.110. SECTION 4. Chapter 3.72 of the Bremerton Municipal Code entitled "Gambling Tax" is hereby amended to read as follows: Chapter 3.72 GAMBLING TAX 3.72.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context indicates otherwise: "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director's behalf, and "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. In addition, l -or -for the purposes of this chapter, the words and terms used shall have the same meaning as each has under Chapter 218, Laws of 1973, First Extraordinary Session and Chapter 9.46 RCW, each amended, and under the rules of the Washington State Gambling Commission, Chapter 230, WAC, unless otherwise specifically provided or the context in which they are used herein clearly indicates that they may be given some other meaning. 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. There is levied upon all persons, associations, and organizations conducting or operating within this jurisdiction any of the activities listed below a tax in the following amount to be paid to the City: (a) Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five (5) percent; (b) Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five (5) percent. No tax shall be imposed on the first ten thousand dollars ($10,000) gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW; (c) Amusement games, in the amount sufficient to pay the actual costs of enforcement of the provisions of this chapter, which shall not exceed the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise, which are actually awarded as prizes during the taxable period, multiplied by the rate of two (2) percent; Page 2 of 19 Tax & Licensing (d) Charitable organizations. No tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined in Chapter 9.46 RCW, which organization has not paid operating or management personnel and has gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding five thousand dollars ($5,000) per year less the amount paid as prizes; (e) Fishing derbies, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded for prizes during the taxable period, multiplied by the rate of ten (10) percent; (f) Punchboards or pull -tabs. (1) Any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull -tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall make such intention known to the Eit�, Tr-easuterDirector; (2) Any organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull -tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied a tax computed at the rate of three (3) percent based upon the gross income received in the conduct of such activity, computed by multiplying the number of chances played on said punchboard or pull -tab times the price or value of each individual chance for play; (3) Any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 RCW, who desires to utilize punchboards or pull -tabs pursuant to Chapter 9.46 RCW, shall remit to the City of Bremerton and there is hereby levied a tax computed at the rate of ten (10) percent based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Gross income received in the conduct of such activity is computed by multiplying the number of chances played on said punchboard or pull -tab times the price or value of each individual chance or play. Cash or merchandise awarded is computed by the amount of cash paid or cost of merchandise awarded; (g) Social card games. (1) Social card games (player funded), in the amount of ten (10) percent of the gross receipts received as fees charged persons for the privilege of playing in card games; (2) Social card games (house banked) in the amount of two (2) percent of the gross receipts received by the house from such social card games; (h) Fund-raising events, as defined by RCW 9.46.0233, in the amount of ten (10) percent of the net receipts derived from the fund-raising event. For the purpose of this section, "net receipts" means all money received by an organization during a given period of time, less the amount of money paid out as cash prizes during the same period of time. No additional expenditures which arise from the conducting of the fund-raising event shall be deducted for purposes of reducing the gross receipts to arrive at the net receipt. 3.72.030 TAX TO BE COMPUTED AND PAID QUARTERLY - EXCEPTIONS. Each of the various taxes imposed by this chapter shall be computed on the basis of activity during each calendar quarter year, shall be due and payable in quarterly installments, and remittance therefor, together with return forms, shall be made to the city, on or before the last day of the month next succeeding the quarterly period in which the tax accrued, that is, on Page 3 of 19 Tax & Licensing January 31st, April 30th, July 31st, and October 31st of each year; provided, that the following exceptions to this payment schedule shall be allowed, or required: (1) Except as provided in (2) below, whenever any person, association or organization taxable hereunder conducting or operating a taxable activity on a regular basis discontinues operation of that taxable activity for a period of more than three consecutive weeks, or quits business, sells out, or otherwise disposes of its business or terminates the business, any tax due hereunder shall become due and payable, and such taxpayer shall, within ten days thereafter, make a return and pay the tax due. (2) Whenever it appears to the eity-tteasur-eDirector that the collection of taxes from any person, association or organization may be in jeopardy, the Director, after not less than thirty days' notice to the taxpayer, is authorized to require that taxpayer to remit taxes and returns at such shorter intervals than quarterly or annually, as the eity tr-easur-eiDirector shall deem appropriate under the circumstances. (3) There shall be allowed as a deduction for the various taxes imposed by this chapter an amount equal to the amount of bad debts suffered by any such person, association or organization engaged in such activity as a result of their being unable to collect gambling debts. Such deduction shall be allowed to be computed and taken on the tax return for the fourth quarter of each calendar year. Such deduction shall not be allowed unless the person, association or organization engaging in such activities shall first cause to be prepared and filed with said fourth quarter tax return an affidavit, in form satisfactory to the eity treasumFl)irector, setting forth the amount of bad debts suffered by such person, association or organization. 3.72.040 ADMINISTRATION AND COLLECTION OF TAX. Administration and collection of the various taxes imposed by this chapter shall be the responsibility of the Tax and License Division. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the city Director. The taxpayer shall be required to swear and affirm that the information given in the return is true, accurate, and complete. The Director is authorized, but not required, to mail to taxpayers forms for returns. Failure of the taxpayer to receive such a form shall not excuse a taxpayer from making the return and timely paying all taxes due. The Director shall make forms available to the public in reasonable numbers in the office of the eity tmasuFefDirector during regular business hours. In addition to the return form, a copy of the taxpayer's quarterly report to the Washington State Gambling Commission required by WAC 230-08 for the period in which the tax accrued, shall accompany remittance of the tax amount due. 3.72.050 METHOD OF PAYMENT. Taxes payable hereunder shall be remitted to the Director on or before the time required by bank draft, certified check, cashier's check, personal check, money order, or in cash. If payment is made by draft or check, the tax shall not be deemed paid until the draft or check is honored in the usual course of business, nor shall the acceptance of any sum by the city Director be an acquittance or discharge of the tax unless the amount paid is the full amount due. The return, and copy of quarterly report to the Washington State Gambling Commission, shall be filed in the office of the Director after notation by that office upon the return of the amount actually received from the taxpayer. Page 4 of 19 Tax & Licensing 3.72.060 FAILURE TO MAKE TIAW16Y PAYMENT OF TAX OR PENALTY FOR LATE PAYMENT. If full payment of any tax due under this chapter is not received by the Tax and Licensing Division on or before the date due, there shall be added to the amount due a penalty fee pursuant to BMC 3.86.110.0s follows: 1 30 days 10,04 of tax due m „r„ p ,,.,lty of $3.00-; 31 60 days, 0 ,4 of ta* due, minimufn penalty of $4.00; 61 O e days Ino% of tax due ,n. nir„um „ na ty of$5 nn in addition to this p alt., due for each thirty _day period n peFtion thereof that t s id amounts n not due F il„ro to make payment in full of all to amounts and penalties withini sixty day fellowing the day the tax amount initially beeame due, shall be both a eivil and a e.Fifniflal violation of this seetiow. 3.72.070 NOTICE OF INTENTION TO ENGAGE IN ACTIVITY TO BE FILED. In order that the city may identify those persons who are subject to taxation under this chapter each person, association or organization shall file with the eiDirector a sworn declaration of intent to conduct an activity taxable under this chapter upon a form to be prescribed by the Director, together with a copy of the license issued therefor by the Washington State Gambling Commission. The fling shall be made not later than ten days prior to conducting or operating the taxable activity. No fee shall be charged for such filing, which is not for the purpose of regulation of this activity but for the purposes of administration of this taxing ordinance only. Failure to timely file shall not excuse any person, association or organization from any tax liability. 3.72.080 RECORDS REQUIRED. (a) Each person, association, or organization engaging in an activity under this chapter shall maintain records respecting that activity which truly, completely and accurately disclose all information necessary to determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept and maintained for a period of not less than three years. In addition, all information and items required by the Washington State Gambling Commission under WAC 230-08, and the United States Internal Revenue Service respecting taxation, shall be kept and maintained for the periods required by those agencies. (b) All books, records, and other items required to be kept and maintained under this section shall be subject to, and immediately made available for, inspection and audit at any time, with or without notice, at the place where such records are kept, upon demand by the eit-y tFeasufefDirector or his designees, for the purpose of enforcing the provisions of this taxing ordinance. (c) Where a taxpayer does not keep all of the books, records or items required to be kept or maintained under this section in this jurisdiction so that the slur -O Director may examine them conveniently, the taxpayer shall either: (1) Produce all of the required books, records, or items within this jurisdiction for such inspection within seven days following a request of the local official that he do so; or (2) Bear the actual cost of inspection by the Director or his designee, at the location at which such books, records or items are located; provided, that a Page 5 of 19 Tax & Licensing taxpayer choosing to bear these costs shall pay in advance to the eity tteasH Director the estimated cost thereof, including, but not limited to round-trip fare by the most rapid means, lodging, meals, and incidental expenses. The actual amount due or to .be refunded for expenses shall be determined following said examination of the records. (d) A taxpayer who fails, neglects or refuses to produce such books and records either within or without this jurisdiction, in addition to being subject to other civil and criminal penalties provided by this chapter, shall be subject to a jeopardy fee or tax assessment by the 64-Y t-Feasu-er-Director. (e) This penalty fee or jeopardy assessment shall be deemed prima facie correct and shall be the amount of fee or tax owing the Director by the taxpayer unless he can prove otherwise by competent evidence. The taxpayer shall be notified by mail by the eity treasurerDirector 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. 3.72.090 OVERPAYMENT OR UNDERPAYMENT OF TAX. If, upon application by a taxpayer for a refund or for an audit of his records, or upon any examination of the returns or records of any taxpayer, it is determined by the 64 tr-easafefDirector that within three years immediately preceding receipt by the e4y Director of the application by the taxpayer for a refund, or an audit,,or, in the absence of such an application, within the three years immediately preceding the commencement by the e4 tfeasWer-Director of such examination: (1) A tax or other fee has been paid in excess of that properly due, the total excess paid over all amounts due to the city within such period of three years shall be credited to the taxpayer's account or shall be credited to the taxpayer at the taxpayer's option. No refund or credit shall be allowed with respect to the Director more than three years before the date of such application or examination; (2) A tax or other fee has been paid which is less than that properly due, or no tax or other fee has been paid, the eity-tfeasttre�Director shall mail a statement to the taxpayer showing the balance due, including the tax amount or penalty assessments and fees, and it shall be a separate, additional violation of this chapter, both civil and criminal, if the taxpayer fails to make payment in full within ten calendar days of such mailing. 3.72.100 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 eiQirector 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 clue and payable. 3.72.110 TAX ADDITIONAL TO OTHERS. The tax herein levied shall be additional to any license fee or tax imposed or levied under any law or any other ordinance of Bremerton, except as herein otherwise expressly provided. 3.72.120 RULE MAKING. The Director shall have the ..,,we and it shall be his duty, ftem time to time; authority to adopt, publish and enforce rules and regulations not inconsistent with this Page 6 of 19 Tax & Licensing chapter or with superior law, 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. 3.72.130 TAXES, PENALTIES AND FEES CONSTITUTE DEBT TO MUNICIPALITY. Any tax due and unpaid under this chapter and all penalties or fees shall constitute a debt to the city, a municipal corporation, and may be collected by court proceedings the same as any other debt in like amount which shall be in addition to all other existing remedies. 3.72.140 LIMITATION ON RIGHT TO RECOVERY. The right of recovery by the city from the taxpayer for any tax provided hereunder shall be outlawed after the expiration of five calendar years from the date said tax became due. The right of recovery against the city because of overpayment of tax by any taxpayer shall be outlawed after the expiration of five calendar years from the date such payment was made. 3.72.150 EFFECTIVE DATE OF TAX. This chapter shall provide for the gambling taxes mentioned herein, to be retroactive to January 1, 1975. 3.72.160 VIOLATION - PENALTIES. Anyone who violates or fails to comply with any of the provisions of this chapter shall, upon conviction, be guilty of a civil infraction subject to the provisions of :BMC Chapter 1. 12, and each day any person shall continue to violate or fail to comply with the provisions of this chapter shall be deemed and considered a separate offense. SECTION 5. Section 3.74.050(d) of the Bremerton Municipal Code entitled "Amusement Device Tax" relating to amusement devices is hereby amended to read as follows: 3.74.050 AMUSEMENT DEVICE TAX. (a) Any person, firm or corporation which owns any amusement device for commercial purposes shall be required to remit to the city a tax which shall be equal to the gross receipts derived therefrom multiplied by the rate of two percent (2%). (b) The tax shall be payable in quarterly installments on or before the thirtieth day of the month following the end of the calendar quarter. (c) The tax remittance, as herein provided, shall be accompanied by an amusement device location schedule every calendar quarter. (d) In the event that the amusement device tax is not paid on or before the due date, there shall be added to the amount due a penalty fee pursuant to BMC 3.86.110.as follows; (1) One (1) thFough thirty (30) days, ten pe ent (I00%) of tax due,, rt""mic"'xiriiirr ; (,2) Th my one (« 1) t,...g„ s,xty («m) days, fi ftee rpccccnt' -( -rc,ov)-vf t ai-Q av, (3) Si. ;., ons-(Fillt►r mnr days twefity pe ent (2004) oft a penalty of five dollars ($5.00). SECTION 6. Chapter 3.82 of the Bremerton Municipal Code entitled "Commercial Parking Tax” is hereby amended to read as follows: Page 7 of 19 Tax & Licensing 3.82.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply' unless the context indicates otherwise: A. "Commercial parking business" means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. B. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles. C. "T,-eas Fer-" means the T,-eas ,,.o,. of the City of 9feer-ton "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director's behalf. D. "Gross proceeds" means and includes the gross receipts collected or accruing by reason of the transaction of the commercial parking business, without any deduction on account of the cost of tangible property sold, labor costs, interest, discount, taxes, or any other costs or expenses whatsoever paid or accrued and without any deduction on account of losses. E. "Person" means any individual, association, corporation, partnership, joint venture, trust, or other entity. F. "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. 3.82.020 TAX RATE - WHO MUST PAY. There is levied upon and shall be collected from every person engaged in a commercial parking business within the City a commercial parking tax in an amount equal to fifteen percent (15%) of the gross proceeds of the commercial parking business. 3.82.030 PAYMENT OF TAX. A. The tax imposed by this chapter shall be due and payable in quarterly installments, on or before the last day of the month next succeeding the end of the quarterly period in which the tax accrued. The quarterly periods are as follows: 1. First quarter: January, February, March 2. Second quarter: April, May, June 3. Third quarter: July, August, September 4. Fourth quarter: October, November, December Tax patents shall be filed with the Tax and Licensing Division. B. The - zeasufffDirector may require payment of the tax to be accompanied by a written tax return, upon such form and setting forth such information as the Director may reasonably require in order to calculate the amount of tax due to the City. C. The Director shall have the right to require proof of the gross proceeds of the commercial parking business. Each person required to pay the tax imposed by this chapter shall retain records reflecting the gross proceeds of the commercial parking business and the records shall be open at all reasonable hours to inspection by the rDirector or the Director's designee. D. If the payment of any tax due under this chapter is not received by the City by the last day of the month in which the tax becomes due, the tax shall be delinquent. 3.82.040 TAX - COLLECTION. The tax imposed by this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected by court proceedings in the same manner as any other debt in like Page 8 of 19 Tax & Licensing amount, which remedy shall be in addition to all other existing remedies. Any judgment entered in favor of the City shall include an award to the City of all court and collection costs, including attorneys' fees. Amounts delinquent more than ninety (90) days may be assigned to a third party for collection, in which case the amount of any collection charges shall be in addition to all other amounts owed. Amounts due shall not be considered paid until the City has received good funds for the full amount due or has discharged the amount due and not paid. 3.82.050 OVER OR UNDERPAYMENT OF TAX. In the event that a person makes an overpayment, and within two (2) years of the date of such overpayment makes application for a refund or a credit, the person's claim shall be allowed and a refund made by the City upon determination by the T+eas r—erDirector that no other sums are owed by the person to the City. If a person determines that the tax has been underpaid and without notice by any party pays the amount due to the City, the amount underpaid and corrected by the person shall not be subject to penalty. 3.82.060 PENALTY FOR LATE PAYMENT. (a) If full payment of any tax due under this chapter is not received by the treasufefDirector by the last day of the month in which the tax was due, there shall be added to such tax a penalty pursuant to BMC 3.86.110.fts-follows: 0) One (1) to thifty{30) days, ten pement(1014) of tax due, minimufn penalty of twenty five dollars ($25.00-Y, (i ThiFty one (31) to six4y-(60)-days, firfteen=pereen !c X15%) of tax due, penalty It of fifty dellaFs ($50.00); (3) Sixty-ene (6 1) days or- more, twenty per-eent-('n�rtax due, �. penalty of Seventy five ($75.00). (b) The t, easu,- ffDir-eeter- shall notify the t.,.,„ayff by mail of the a t f any � pena4ties so added of: assessed, and- �.he s-Am.e. Shall beeefoe dtfe and shall be paid within ten (10) days 4em the date of sueh fietiee; 3.82.070 VIOLATION - PENALTY. A. It shall be a violation of this chapter: (1) For a person required to pay a tax under this chapter to fail or refuse to pay the tax imposed; (2) For a person to evade payment of the tax, or any part thereof, (3) For a person to fail to appear and/or refuse to testify in response to a subpoena issued in any proceeding under this chapter; (4) For a person to testify falsely upon any investigation into the correctness of a return, or upon the hearing of any appeal; or (5) For a person to in any manner hinder or delay the City or any of its officers in carrying out the provisions of this chapter. B. A person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00). A person is guilty of a separate offense for each and every day during the portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly. Page 9 of 19 Tax & Licensing 3.82.080 APPEAL PROCEDURE. Any person aggrieved by the amount of the tax determined to be due to the City by the TreasuFer-Director under the provisions of this chapter, may appeal te-the -1=I� mer from such determination by filing a written notice of appeal with the Administrative HearinJ4 Examiner pursuant to BMC 3.86.140. 3.82.090 CONFIDENTIALITY OF TAX RETURNS. The tax returns made to the City pursuant to this chapter shall not be made public, nor shall they be subject to inspection by a person who is not an employee of or under contract to the City and who is not acting in an official capacity. It shall be unlawful for any person to make public or to inform any unauthorized person as to the contents of a tax return, or to permit inspection of a tax return, except as authorized in this section or as required by law. This section shall not be construed to prohibit the disclosure of information received under this chapter to the Federal Internal Revenue Service, State Department of Revenue, or to tax enforcement officials of any other city in the State of Washington for official purposes only, and this section shall not be construed to prohibit or make unlawful the disclosure of the name and address of any person licensed under this chapter, or of any person signing an application on behalf of an applicant. 3.82.100 DUTIES OF THE TREASURFRDIRECTOR. A. The TreasurerDirector shall keep full and accurate records of all funds received under the provisions of this chapter. Upon receipt of any tax or penalty collected under the provisions of this chapter, the TreasuwDirector shall deposit the amounts collected into the street fund of the City. B. In order to carry out the provisions of this chapter, the TerDirector shall have the power to adopt, publish and enforce rules and regulations consistent with this Chapter. C. The TTreasufwDirector for good cause shown may extend the time for making and filing any tax return required under this chapter; provided, that any extension in excess of 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 tax. from the date upon which the tax became due. 3.82.110 USE OF PROCEEDS OF TAX. The proceeds of the tax imposed and collected pursuant to this chapter shall be used .strictly for transportation purposes in accordance with RCW 82.80.070. SECTION 7. Section 3.86.040 of the Bremerton Municipal Code entitled "General Business License Required" relating to tax returns and payments is, hereby amended to read as follows: 3.86.040 WHEN DUE AND PAYABLE - REPORTING PERIODS - MONTHLY, QUARTERLY, AND ANNUAL RETURNS - THRESHOLD PROVISIONS OR RELIEF FROM FILING REQUIREMENTS - COMPUTING TIME PERIODS - FAILURE TO FILE RETURNS. (1) Other than any annual license fee or registration fee assessed under Chapter 5.02 BMC, .the tax imposed by those chapters set forth in BMC 3.86.015 shall be :due and payable in quarterly installments unless otherwise specifically provided for therein. At the Director's discretion, businesses may be assigned to a monthly or annual reporting period depending on the Page 10 of 19 Tax & Licensing tax amount owing or type of tax. Tax payments are due on or before the last day of the next month following the end of the assigned reporting period covered by the return. (2) Taxes shall be paid as provided in this chapter and accompanied by a return on forms as prescribed by the Director. The return shall be signed by the taxpayer personally or by a responsible officer or agent of the taxpayer. The individual signing the return shall swear or affirm that the information in the return is complete and true. (3) Tax returns must be filed and returned by the due date whether or not any tax is owed. (4) For purposes of the tax imposed by Chapter 3.48 BMC, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to business and occupation tax after all allowable deductions, is equal to or less than ($60,000 the tax exemption amount set forth in BMC 3.48.050(2) in the current calendar year shall file a return, declare no tax due on their return, and submit the return to the Director. The gross receipts, deduction amounts and exemptions shall be entered on the tax return even though no tax may be due. (5) A taxpayer that commences to engage in business activity shall file a return and pay the tax or fee for the portion of the reporting period during which the taxpayer is engaged in business activity. (6) Except as otherwise specifically provided by any other provision of this chapter, in computing any period of days prescribed by this chapter, the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or City or federal legal holiday, in. which case the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday, or City or federal legal holiday. (7) If any taxpayer fails, neglects or refuses to make a return as and when required in this chapter, the Director is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the Director's estimate of the tax or fees due. Such assessment shall be deemed prima facie correct and shall be the amount of tax owed to the City by the taxpayer. The Director shall notify the taxpayer by mail of the amount of tax so determined, together with any penalty, interest, and fees due; the total of such amounts shall thereupon become immediately due and payable. SECTIONS. Section 5.02.050 of the Bremerton Municipal Code entitled "Administration and Enforcement" relating to general business licenses is hereby amended to read as follows: 5.02.050 ADMINISTRATION AND ENFORCEMENT. (a) The Director of FinaneeCommunity Development, or designee, shall have general charge of, and supervision over, the administration and enforcement of this chapter and shall exercise such power and perform all the duties imposed upon him or her. (b) Applicant shall, upon reasonable request, provide or allow the Director to inspect relevant documentation of any licensee for verification of the information provided by applicant/licensee on the business license application. (c) The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. Page 11 of 19 Tax & Licensing SECTION9. Section 5.02.060 of the Bremerton Municipal Code entitled "General Business License Required" relating to general business licenses is hereby amended to read as follows: 5.02.060 GENERAL BUSINESS LICENSE REQUIRED. Any person who "engages in business" activities in the City as this term is defined in Chapter 3.48 BMC and this chapter shall first obtain a general business license for the current calendar year or unexpired portion thereof, and pay the fees prescribed in this chapter. Applications for general business licenses shall be filed with the Tax and Licensing Division. SECTION 10. Section 5.02.120 of the Bremerton Municipal Code entitled "General Business License Required" relating to general business licenses is hereby amended to read as follows: 5.02.120 APPLICATION PROCEDURE, LICENSE FEE. (a) The business owner shall make application for any business license required under this chapter to the Director on a form prepared by the department, which application shall be accompanied by a receipt from the department showing payment of the required fee. Business licenses shall be granted annually. The license application feeis dpi=was applieablewill be reduced by one-half of the fee for applications received for businesses which begin operation between July 1 to December 31 of the calendar year for which the license is to be issued and is nonrefundable whether or not the license application is later denied. (b) The fee for a business licensee shall be as set forth in Chapter 3.01 BMC as currently enacted and as hereinafter amended. SECTION]]. Section 5.03.040 of the Bremerton Municipal Code entitled "License Required - Applications" relating to provisions for regulatory licenses is hereby amended to read as follows: 5.03.040 LICENSE REQUIRED - APPLICATIONS. The provisions of this chapter shall apply whenever a regulatory license is required by a chapter in this title. The licensee shall be the person or entity who owns the business. Where the license applicant is a corporation, the term "applicant" shall include principal officers and managers. Where the license applicant is a partnership, the term "applicant" shall include principal partners and managers. Applications shall be filed with the Tax and Licensing Division. Each applicant shall provide, at a minimum, the following information: (a) True name and any assumed names or aliases used. (b) Home address and telephone number. (c) Sex, weight, height, color of eyes and hair. (d) Date of birth. (€e) A copy of applicant's identification which must include some form of picture identification, i.e., a driver's license or Washington State identification card. (gJ The business occupation and/or employment history of the applicant for the five (5) years immediately preceding the date of application. (1g) Residence address(es) of the applicant for the five (5) years preceding the date of application. Page 12 of 19 Tax & Licensing (ih) The business name, business address, and telephone number of the proposed business. GJ A listing and explanation of all services to be provided. (kj) A description of any other business activity to be conducted on the premises or adjoining premises owned and controlled by the applicant. (Ik) The principal enterprise of the business if different from the activity being licensed. (mj) Whether the applicant has ever been convicted, forfeited bail, or pled guilty to any crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the name and location of the convicting court and the disposition thereof. (rtm) Written declaration by the applicant under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly stated and signed. (off Such other relevant identification and information necessary as the Qty Oet-kDirector may reasonably require to discover the truth of statements made in the application. (po) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. SECTIONIZ Section 5.03.050 of the Bremerton Municipal Code entitled "License Issuance - Fees" relating to provisions for regulatory licenses is hereby amended to read as follows: 5.03.050 LICENSE ISSUANCE - FEES. (a) Applications for regulatory_ licenses must be received by the City Tax and Licensing_ Division at least three (3) weeks prior to issuance. (b) License fees will be due upon application. The City Council shall establish appropriate fees pursuant to Chapter 3.01. SECTION 13. Section 5.03.120 of the Bremerton Municipal Code entitled "Rule Making" relating to provisions for regulatory licenses is hereby amended to read as follows: 5.03.120 RULE MAKING. The City 4ekDirector shall have the power - and duty, 4 om time to timt-,Apthori to adopt, publish, and enforce rules not inconsistent with law for the purpose of carrying out the provisions hereof and it shall be unlawful to violate or fail to comply with any such rule. SECTION 14. Section 5.08.010 of the Bremerton Municipal Code entitled "License Required" relating to street vendor regulatory licenses is hereby amended to read as follows: 5.08.010 LICENSE REQUIRED. It is unlawful for any person to engage in street vending in the City without first obtaining a regulatory license in addition to a business license. Applications for regulatory licenses shall be filed with the Tax and License Division. Page 13 of 19 Tax & Licensing SECTION 15. Section 5.08.020 of the Bremerton Municipal Code entitled "Definitions" relating to street vendor regulatory licenses is hereby amended to read as follows: 5.08.020 DEFINITIONS. (a) "Director" shall mean the Aa.,,,eial Se fviees Dir -e, ter- or- designee. means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director's behalf. (b) "Street vending" shall mean one who sells food, nonalcoholic beverages, flowers, plants, or other merchandise to the public from any stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. (c) "Street vending site" shall mean the location of the street vending unit. (d) "Street vending unit" shall mean the cart, tables and other equipment used in conjunction with a street vending site. (e) "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. SECTION 16. Section 5.16.010 of the Bremerton Municipal Code entitled "Definitions" relating to temporary merchants, peddlers and mobile food vendor regulatory licenses is hereby amended to read as follows: 5.16.010 DEFINITIONS. In construing the provisions of this chapter, the following definitions shall be applied. (a) "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director's behalf. (ab) "Peddler" means any person, either as agent, employee or principal, who carries goods, wares or merchandise of whatever nature or description or any person who offers services from house to house, building to building, or upon any street, highway or public place within the City for the purpose of selling such goods, wares or merchandise or solicitory orders for the same. Exempt from the meaning of this definition shall be newspapers. (bcc) "Temporary merchant" means and includes anyone who, with intent to engage temporarily, transiently or itinerantly in such business in the City, sells goods, wares or merchandise or offers services and has no permanent location within the City; provided, a farmer, gardener, or other person who sells, delivers or peddles any fruit, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person is exempt from requirements of this chapter. (ed) "Vending of food from mobile unit" means a mobile unit travelling City streets for the purpose of selling edible merchandise. Exempt from the meaning of this definition shall be those mobile units used specifically for the delivering only of food pursuant to orders taken at an established place of business. (e) "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. , SECTION 17. Section 5.1.6.020 of the Bremerton Municipal Code entitled "License - Required" relating to temporary merchants, peddlers and mobile food vendor regulatory licenses is hereby amended to read as follows: Page 14 of 19 Tax & Licensing 5.16.020 LICENSE - REQUIRED. It is unlawful to engage in business as a peddler or mobile food vendor in the City without first obtaining a regulatory license in addition to a business license. It is unlawful to engage in business as a temporary merchant without first obtaining a regulatory license. A temporary merchant regulatory license shall be issued in lieu of a business license and licensee shall be exempt from payment of City business and occupation taxes. Applications for regulatoryL licenses shall be filed with the Tax and License Division of the Department of Community Development. SECTIONI8. Section 5.16.050 of the Bremerton Municipal Code entitled "License - Inspection" relating to temporary merchants, peddlers and mobile food vendor regulatory licenses is hereby amended to read as follows: 5.16.050 LICENSE - INSPECTION. Any person engaging in the business of peddling, temporary merchant or mobile vending, as defined in this chapter, who has obtained a license therefor from the �'�eg�Director, shall on demand by any police officer or business and occupations tax license official forthwith produce the same for inspection. SECTION Section 5.17.010 of the Bremerton Municipal Code entitled "Definitions" relating to charitable solicitation regulatory licenses is hereby amended to read as follows 5.17.010 DEFINITIONS. Whenever used in this chapter: (a) "Director" means the Director of Community Development of the City or any officer, agent or employee of the City desigpated to act on the Director's behalf. (ab) "Charitable" shall include recreational, health, social service, humanitarian, educational either actual or purported. "Charitable" shall not include "religious" or "religion" as commonly defined where the proceeds will be used solely for religious purposes as distinguished from educational, recreation, social service, health, humanitarian, or welfare. (c) "Charitable organization" shall mean any organization organized and operated for charitable, educational, or other purposes which is exempt from taxation pursuant to 501(c)(3) of the Internal Revenue Code of 1954, as amended. (bdd) "Contributions" shall mean and include the words alms, food, clothing, money, subscription, property, or donations under the guise of a loan of money or property. (eee) "Cost of solicitation" shall mean all costs whatever nature incurred in raising the funds solicited, including costs of promotion. (df, "Costs of promotion" shall mean costs of all publications, goods and services sold, given away, or used as prizes in connection with the solicitation. (eg) "Person" shall mean any individual, firm, co -partnership, corporation, association, society, league, organization, or religious body and includes any trustee, receiver, assignee, agent, or other representative thereof. (€h� "Professional fund raiser" also referred to as "Promoter" shall mean a person who, for compensation plans, promotes, conducts, manages, or carries on or attempts to plan, promote, conduct, manage or carry on any drive or campaign, directly or indirectly, for the purpose of Page 15 of 19 Tax & Licensing soliciting contributions for or on behalf of any charitable organization or engages in the business of soliciting contributions for charitable purposes. A bona fide officer or regular employee of a charitable organization shall not be deemed a professional promoter by reason of his participation by or on behalf of his employer. (0i "Solicit" and "solicitation" shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other thing of value on the plea or representation that such will be used for a charitable purpose as hereafter defined. "Solicit" and "solicitation" shall include the following methods of requests, collections, of receipts: (1) Any oral or written request. (2) The sale of, offer or attempt to sell any chance, coupon, device, tax, emblem, ticket, book, card, magazine, membership, merchandise, subscription, advertising space, or other thing in connection with which an appeal is made for a charitable purpose or any statement is made that the whole or any part of the proceeds from such sale will be donated to or will go to a charitable purpose. (3) Bingo activities, raffles, and amusement games conducted under Chapter 9.46 RCW and applicable rules of the Washington State Gambling Commission are specifically excluded and shall not be deemed a solicitation under this chapter. (h) "Charitable or-ganization" shall mean any OFgafliZatiOR organized and opefated for- ehafitable, edueational, of etheF ptifpases whieh is exempt from taxation pufsuant to 501 (e)(3) of the intefnal Revenue Godo of 1954 as amended-. (i) "Tax and Licensing Division' means the Tax and Licensing Division of the Department of Community Development.. SECTION 20. Section 5.17.020 of the Bremerton Municipal Code entitled. "License Required" relating to charitable solicitation regulatory licenses is hereby amended to read as follows: 5.17.020 LICENSE REQUIRED. It shall be unlawful for any charitable organization, its members or employees, to solicit, collect or receive contributions in the City of Bremerton without first obtaining a regulatory "charity solicitation license". Applications for re ug latory licenses shall be filed with the Tax and License Division of the Department of Community Development. SECTION 21. Section 5.17.050 of the Bremerton Municipal Code entitled "Professional Fund Raiser License - Terms" relating to charitable solicitation regulatory licenses is hereby amended to read as follows: 5.17.050 PROFESSIONAL FUND RAISER LICENSE - TERMS. The license shall not exceed sixty (60) days. A list showing the names of all solicitors and locations of the solicitation must be provided to the City E4egDirector. Each solicitor shall provide proper credentials identifying him/herself and the sponsoring charitable organization and the promoter to those persons being solicited. SECTION 22. Section 5.17.060 of the Bremerton Municipal Code entitled "License — Grounds for Denial" relating to charitable solicitation regulatory licenses is hereby amended to read as follows: Page 16 of 19 Tax & Licensing 5.17.060 LICENSE - GROUNDS FOR DENIAL. The Citi-Cle*pirector shall grant licensing under this chapter unless it is found that one or more of the following facts exist: (a) That the applicant is or has engaged in fraudulent transactions or enterprises relating to soliciting charitable contributions. (b) That the solicitation on behalf of applicant would be a fraud upon the public. SECTION 23. Section 5.17.070 of the Bremerton Municipal Code entitled "Books and Records" relating to charitable solicitation regulatory licenses is hereby amended to read as follows: 5.17.070 BOOKS AND RECORDS. Every person receiving contributions for a charitable purpose shall give a signed, written receipt therefor. Every person managing or supervising the solicitation of contributions for charitable purposes shall maintain a system of accounting wherein all donations and disbursements are recorded and which shall be open to inspection at all reasonable times to the E4 Gle l Director or such person as (s)he shall designate. SECTION 24. Section 5.22.010 of the Bremerton Municipal. Code entitled "License - Required" relating to public dance regulatory licenses is hereby amended to read as follows: 5.22.010 LICENSE - REQUIRED. It is unlawful for any person, firm, or corporation to conduct any public dance to which the general public is admitted without first having obtained a regulatory license in addition to a business license. Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. SECTION25. Section 5.36.010 of the Bremerton Municipal Code entitled "License - Required" relating to special event regulatory licenses is hereby amended to read as follows: 5.36.010 LICENSE - REQUIRED. No person, firm, company, or corporation shall run, manage, operate, or conduct any circus, parade, carnival games/rides, street fairs, sidewalk sales, or other promotional activity within the City without first obtaining a regulatory license in addition to a business license. Applications for reaulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. SECTION 26. Section 5.36.050 of the Bremerton Municipal Code entitled "Sponsor to Provide Vendor List" relating to special event regulatory licenses is hereby amended to read as follows: 5.36.050 SPONSOR TO PROVIDE VENDOR LIST. The sponsor of the event will provide the City of Community Development or designee with a list of all participating vendors at least three (3) days prior to the event. Page 17 of 19 Tax & Licensing SECTION 27. Section 5.96.020 of the Bremerton Municipal Code entitled "Definitions" relating to erotic dance studio regulatory licenses is hereby amended to read as follows: 5.96.020 DEFINITIONS. In this chapter, the following definitions shall apply, unless the context clearly requires otherwise: (a) "(`. unsil" means R..eMO140H City !''.,UR61 (ba) "Dancer" means a person who dances or otherwise performs for an erotic dance studio and who seeks to arouse or excite the patrons' sexual desires. (db) "Erotic Dance Studio" means place of business or establishment where one or more dancers or other live performers emphasize and seek to arouse or excite the patrons' sexual desires. It shall be prima facie evidence that a place of business or establishment is an erotic dance studio when one or more dancers or performers display or expose, with less than a full opaque covering, that portion of the female breast lower than the upper edge of the areola. (ec) "Inspector" means business license inspector. (d) "Tax and Licensing? Division" means the Tax and Licensing; Division of the Department of Community Development. SECTION 28. Section 5.96.050 of the Bremerton Municipal Code entitled "License - Required" relating to erotic dance studio regulatory licenses is hereby amended to read as follows: 5.96.050 LICENSE - REQUIRED. It shall be unlawful to operate, maintain, or manage an erotic dance studio without first obtaining a regulatory license from the City in addition to a business license. Applications for regulatory licenses shall be filed with the Tax and License Division. SECTION 29. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 30. E, ffective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of j)1J 0 , 2017. ERIC YOUNGER, CoLuAl President Page 18 of 19 Tax & Licensing Approved this day of —pem-vt '2017. ATTEST: SHANNON CORIN, City Clerk PATTY LEN APPROVED AS TO FORM: ROER A. LUBOVICH, Ci PUBLISHED the -21 �kk day of A&MqktllL , 2017. EFFECTIVE the day of x201-7' M/S ORDINANCE NO.. Page 19 of 19 Tax & Licensing AFFIDAVIT OF PUBLICATION Account #342133 AD#1869304 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publi- cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on December 27, 2017 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $68.08. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of December 27, 2017. t4f •��,�/i0' tip Cj '����iPFWASH`�G�`` ORDINANCE NO. 5343 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, amending Section 2.15.030 of the Bremerton Municipal Code entitled "Duties," sections of Title 3 entitled "Revenue and Finance," and sections of Title 5 entitled "Business Licenses and Regulations" regarding taxes and licenses. PASSED by the City Council on the 20th day of December, 2017. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 100, Bremerton, WA 98337. DEC. 27, 2017 AD#1869304