Loading...
HomeMy WebLinkAbout2663 Increasing Lodging Tax LevyOrdinance No. ~7 (~ & ~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 3.20, LODGING TAX, OF THE PORT TOWNSEND MUNICIPAL CODE TO AUTHORIZE THE IMPOSITION OF A SPECIAL TAX LEVY OF TWO PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING, THEREBY INCREASING THE LODGING TAX LEVY TO A TOTAL OF FOUR PERCENT; ADOPTING THE RECOMMENDATIONS OF THE LODGING TAX ADVISORY COMMITTEE; AND ESTABLISHING AN EFFECTIVE DATE SECTION 1. FINDINGS & RECITALS 1. In SSB 5867, the State Legislature clarified municipal authority to levy a lodging tax and expanded permissible uses of lodging tax revenues to enable more effective promotion of tourism and the construction, acquisition and operation of tourism-related facilities. SSB 5867 further established a uniform grant of lodging tax authority for all cities, towns 'and counties; and 2. In House Bill 2698, the 1998 State Legislature amended Chapter 67.28 RCW to remedy problems resulting from the Governor's veto of sections of SSB 5867. In amending Chapter 67.28 RCW, the Legislature retained the base or "basic" 2% lodging tax rate, and amended RCW 67.28.181 to authorize local governments to impose an additional 2% "special" lodging tax, for a maximum total of 4% combined "basic" and "special" rates; and 3. Under the state lodging tax scheme, the' basic 2 % tax is retained by the State of Washington for state tourism promotion and accommodation needs, unless local governments themselves collect the basic 2 % rate as a local 16dging tax. Where local governments impose and collect the basic 2 % rate, that tax is credited to the local government for local tourism promotion and accommodation needs. Therefore, the basic 2 % tax is not an additional city tax, in that if not collected byand credited to Port Townsend, this tax would be collected.and expended by the State of Washington. In situations when local governments impose the additional special 2% tax (for a total of 4%) only the additional 2% represents a local, additional tax imposed on lodging revenues; and 4. In Ordinance No. 2612, codified in Chapter 3.20 PTMC, the Port Townsend City Council established the'authority to collect a 2 % base lodging tax on all lodging transactions in Port Townsend, choosing to take advantage of the new authority provided in SSB 5867, to promote the best interests of the community; and 5. Port Townsend is remote from areas of Washington state which are experiencing substantial economic growth and development. At present, the tourist trade is a central component of Port Townsend's economy. Port Townsend's ability to attract and serve tourism-related economic growth and development necessitates that the City look for all appropriate opportunities to promote tourism, to accommodate tourism, and to enable the City to provide the facilities and services for tourists, including services and facilities which mitigate the impacts upon the City's residents associated with tourist traffic and use of public amenities and facilities; and 6. The Port Townsend City Council has recently used lodging tax revenues to promote tourism and to assist' the local lodging community, including appropriating funds to the Chamber of Commerce to operate the Visitor's Center (Resolution No. 98-43) and appropriating funds beyond the current armual anticipated revenues, thereby using accumulated reserves of the Fund, and signing a contract for hiring a marketing coordinator as an independent contractor of the City, who will work in cooperation with the Chamber of Commerce and the lodging community to effectively market and promote Port Townsend as a tourist destination (Resolution No. 98-51); and 7. In ESB 5867 and HB 2698, the State Legislature has expanded local lodging tax collection and spending authority in recognition of the fact that tourism promotion is only one component of the needs local governments face in developing and serving a local tourism economy. Equally important is the need to accommodate tourists once they arrive to their destination. The legislature has expanded the authority of local governments -- particularly in smaller communities -- to accommodate tourists, enabling all cities and counties to use lodging tax revenues for the acquisition and operation of tourism-related facilities; and 8. The City Council recognizes that the City faces a significant need to better accommodate tourists through the acquisition, repair, improvement and operation of tourism- related facilities, both to help promote Port Townsend for tourists, and to accommodate tourists and address the impacts of tourist traffic upon the arrival of tourists to Port Townsend. Tourists travel to Port Townsend for many reasons, including but not limited to enjoyment of the City's spectacular natural setting, well-preserved Victorian buildings, maritime and seaport character and atmosphere, world-class arts and entertainment opportunities, and the charming and welcoming character of our hotels, motels and Bed & Breakfast establishments; and 9. Also included in the reasons tourists travel to Port Townsend is the use and enjoyment of public amenities built to attract and accommodate tourists. These amenities include the City's docks, wharves, water walks, paths, bike trails, restrooms serving tourists, convention facilities, performing arts facilities, cultural facilities, and other publicly-owned and publicly-maintained facilities and amenities. These facilities and amenities, which serve both our own residents as well as our visitors, are critical to the City's successful efforts to promote and accommodate tourists. These facilities and amenities are costly to build, operate and maintain, and compete for limited tax revenues needed for facilities and amenities which predominately serve our local residents; and 10. With the assistance of State of Washington grant funds, the City recently rebuilt and opened Union Wharf, a publicly-owned and maintained facility serving and promoting visitors to Port Townsend. The City recently adopted rules and regulations for the use of Union Wharf (Ordinance No. 2631). Through this process, the City Council has become -2- Ord. No. acutely aware that the City needs to promote the use, of Union Wharf in creative ways to provide maximum opportunities for public use and access and the best possible economic ~returns' to the community; and 11. The Council is aware that additional new facilities built to promote and accommodate tourists are needed and will be needed in the future, and that maintenance and operation of the City's facilities, particularly docks and wharves, will impose a substantial tax burden upon Port Townsend's residents. Port Townsend has a limited local tax base. The Council believes that costs incurred for tourism promotion and accommodation should be offset in large part by revenues received from users of tourism-related facilities, and from revenues received from the visitors who benefit from and use these facilities. This use of lodging tax revenues was precisely what the Legislature intended in recently expanding lodging tax authority for small communities such as Port Townsend; and 12. Jefferson County recently completed formation of its lodging tax advisory committee, and conducted discussions with representatives of the lodging industry and representatives of entities which may benefit from the use of lodging tax revenues. Based upon this discussion, the County concluded that the County would benefit from imposing the special 2% additional lodging tax as authorized by RCW 67.28.181, targeted at operation of tourist related facilities, local tourist accommodations promotion, adoption of comprehensive tourism development strategies, acquisition of tourism related facilities, and regional tourism promotion. Jefferson County has determined that it is in the best interests of residents and visitors to Jefferson County to impose a combined basic and special lodging tax rate of 4 %; and 13. At its July 6,1998 regular meeting, the City Council adopted Resolution 98-083, referring the proposal to add the two percent special lodging tax authorized in accordance with RCW 67.28.181, as amended by the 1998 Legislature, for a total of four percent, to the City's Lodging Tax Advisory Committee, and asked the LTAC to make recommendations to the City Council regarding the expenditure of enhanced lodging tax revenues received by the special two percent tax; and 14. The Lodging Tax Advisory Committee has held numerous meetings, sought public input, and has consulted with representatives of the lodging industry, as well as organizations which benefit from lodging tax revenues. The LTAC has signed a letter addressed to the City Council outlining the Committee's view that additional lodging tax revenues are needed to enhance tourism promotion, enhance public facilities to accommodate tourists, and establish a reserve fund for times of economic downturn. The LTAC has unanimously recommended that the City Council levy the "special' two percent lodging tax, for a total four percent tax; and 15. The City Council understands that all surrounding jurisdictions have come to the same conclusion reached by Jefferson County -- that the total 4 % lodging tax is necessary to -3- Ord. No. oT~a/a3 fully fund needed tourism promotion and accommodation activities, facilities and amenities. The City Council finds that the need exists for the City to impose the 2 % special (additional) tax, in that there is merit to County-wide consistency in imposition of the tax and in developing coordinated plans and programs with Jefferson County for use of the lodging tax revenues in a manner which best serves City and County residents and visitors. Further, the Council believes it is important for the County and the City to enhance and improve their competitive edge over other communities in promoting the County and the City as a tourist destination, and in providing needed amenities to accommodate tourism-related needs; and 16. The City Council has reviewed the recommendations of LTAC, submitted to the Council in accordance with PTMC 3.20.060. The Council hereby adopts the LTAC's recommendations and amends Chapter 3.20 PTMC to adopt the additional two percent "special" lodging tax, for a total of four percent. LTAC's expenditure recommendations will be reviewed and implemented through the annual budget process, NOW, TItEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 2. Section 3.20.010 of Chapter 3.20, "Lodging Tax," of the Port Townsend Municipal Code is hereby amended to read as follows: 3.20.010 Tax levied. .,l[~, ~,~,..~,y l, ,~o, There is hereby levied a special excise tax of two foUr percent (-2~(4%) on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW, said tax including the "basic" 2% lodging tax as authorized by RCW 67.28.180 and the "special" 2% lodging tax as authorized by RCW 67.28.181, as now adopted and hereafter mended. The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. 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. (Ord. § 2, 1998; Ord. 2612 § 2, 1997). SECTION 3. Severability. The invalidity of any article, subsection, provision, clause, or portion of this ordinance or of the statutes adopted by reference herein, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance or the v~dity of its application to other persons or circumstances, and all other articles, sections, subsections, provisions, clauses, or portions of this ordinance or the statutes adopted by reference herein not expressly held to be invalid, shall continue in full force and effect. -4- Ord. No. o?bb3 SECTION 4. Effective Date. This ordinance shall take effect and be in force on January 1, 1999. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this ~"~'day of October, 1998. Attest: Pam Kolacy, City~ 09/30/98 [97-32] Ord\ {3-20-010.doc} Julie~[dCulloch, Mayor Approved as to Form: -5- Ord. No. ~ &/~