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HomeMy WebLinkAbout2607 Establishing a Lodging Tax Advisory CommitteeOrdinance No. 2607 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A LODGING TAX ADVISORY COMM1TYEE, CREATING A NEW CHAPTER PTMC 2.74, LODGING TAX ADVISORY COMMITTEE, TO THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING THE COMPOSITION REQUIREMENTS, AUTHORITY AND FUNCTIONS OF THE LODGING TAX ADVISORY COMMITTEE, IN ACCORDANCE WITH SSB 5867 WHEREAS, the City of Port Townsend currently levies a lodging tax pursuant to Chapter 67.28 RCW; and WHEREAS, Laws of 1997, which lodging tax authority; the 1997 Washington State Legislature enacted SSB 5867, Chapter 452, modifies and repeals some lodging tax authority, and also enacts new and WHEREAS, SSB 5867 requires that, in cities with a population of over 5,000, any new proposal for imposition of a lodging tax enacted under Chapter 67.28 RCW be first submitted for consideration to a Lodging Tax Advisory Committee (LTAC) not less than 45 days in advance of final action on the lodging tax by the City Council; and WHEREAS, SSB 5867, effective July 27, 1997, replaces the current lodging tax authority with a new statutory scheme; and WHEREAS, the City of Port Townsend has previously authorized a Tourism Advisory Group ("TAG") to make certain recommendations to the City Council on tourism planning and use of the lodging tax. TAG has traditionally performed many of the roles and functions now required of the Lodging Tax Advisory Committee pursuant to SSB 5867; and WHEREAS, the Port Townsend City Council intends to implement the requirements of SSB 5867, by establishing a Lodging Tax Advisory Committee; and WHEREAS, to ensure continued authorization for the imposition of the lodging tax, it is deemed to be in the best interests of the City that a Lodging Tax Advisory Committee be created; that the current membership and general goals and functions of the TAG be subsumed within the Lodging Tax Advisory Committee; and that proposals be submitted to the Committee regarding the imposition, increases and ongoing use of the lodging tax, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. A new Chapter 2.74, Lodging Tax Advisory Committee, is hereby added to the Port Townsend Municipal Code to read as follows: Sections: 2.74.010 2.74.020 2.74.030 2.74.040 2.74.050 2.74.060 Chapter 2.74 LODGING TAX ADVISORY COMMITTEE Committee established. Composition. Terms of office. Rules and officers. Meetings. Authority and functions. 2.74.010 Committee established. There is hereby established a city of Port Townsend lodging tax advisory committee, to serve the functions prescribed in SSB 5867, enacted as Chapter 452, Laws of 1997. 2.74.020 Composition. The lodging tax advisory committee shall consist of eleven (11) voting members, plus one (1) non-voting member, for a total of twelve (12) members, appointed by the Port Townsend city council. Membership shall be as follows: A. Voting members. 1. One member shall be an elected official of the city of Port Townsend, who shall serve as chair. 2. Four members shall be representatives of businesses or entities required to collect the lodging tax, with consideration given to, but not limited to, the following categories of organizations and business entities: conference centers; bed and breakfast establishments; hotels; motels; and camping facilities. 3. Four members shall be persons involved in activities authorized to be funded by revenue received from the lodging tax, with consideration given to, but not limited to, the following categories of organizations: business and visitor information services; cultural 2 Ord. 2607 and heritage organizations; recreational and environmental organizations; and educational organizations. 4. Two voting members shall be at-large members, who shall not conduct business as staff or officer of any business or entity required to collect the lodging tax or any activity or organization authorized to be funded by revenue received from the lodging tax. B. Non-voting member. The one non-voting member shall be a Jefferson County Commissioner or designee, nominated by the Jefferson County Board of Commissioners. C. Members of the lodging tax advisory committee are not required to be Port Townsend residents. All members of the committee must have a demonstrated interest in and knowledge of the economic development needs of the city of Port Townsend and the role of tourism in shaping the city's future. The mayor shall nominate members for the committee for appointment by the city council. In making the nomination, the mayor shall consider names submitted by the lodging tax advisory committee and any other source, including but not limited to: civic groups and organizations involved in tourism promotion and economic development, including those organizations listed in Section 2.74.020.A herein; organizations representing businesses required to collect the lodging tax; and organizations involved in activities authorized to be funded by lodging tax revenues. 2.74.030 Terms of office. Appointments to the lodging tax advisory committee shall be for a three-year term; provided, however, the Port Townsend city council shall review the membership of the committee annually and shall make changes as the council deems appropriate. Vacancies shall be filled by the city council, upon nomination from the mayor, for the unexpired term in the same manner as the original appointment. 2.74.040 Rules and officers. The lodging tax advisory committee shall establish and adopt its own rules of procedure. The Port Townsend city elected representative shall serve as chair of the committee. The committee shall appoint such other officers as may be neces~ to conduct the committee's business. The committee shall prepare by-laws, for consideration and approval by the Port Townsend city council. 2.74.050 Meetings. The lodging tax advisory committee shall hold at least one monthly meeting, and any number of additional meetings throughout the year as required to fulfill the duties of the committee. 3 Ord. 2607 2.74.060 Authority and functions. A. Lodging tax proposal review. Not less than 45 days before taking final action on any lodging tax proposals enumerated in this Section 2.74.060.A, the Port Townsend city council shall submit to the lodging tax advisory committee, for its review and comment, proposals regarding the following: 1. The imposition of a tax under SSB 5867; 2. Any change in the rate of such tax; 3. Repeals or exemptions from such a tax; or 4. A change in the use of the revenue received from such a tax. B. Report from the lodging tax advisory committee, lJpon receiving a proposal from the Port Townsend city council, the lodging tax advisory committee shall analyze the extent to which the proposal will accommodate activities for tourists, or increase tourism, and the extent to which the proposal will affect the long-range stability of the city fund created for the lodging tax revenues. The committee shall submit a written recommendation to the Port Townsend city council within 30 days of receiving the proposal from the city council. The report shall be advisory to the Port Townsend city council, and shall not be binding upon the council. Failure of the committee to submit its report to the city council in a timely fashion prior to passage of the proposal shall not prevent the city council from acting on the proposal. C. Tourism planning. The lodging tax advisory committee shall be authorized to engage in tourism planning and promotion activities as outlined in the Tourism Development, Management and Marketing Plan for Port Townsend and Jefferson County, July 1992, as now adopted or hereafter amended. D. Tourism promotion and tourism-related facility project applications. The lodging tax advisory committee is authorized to perform initial review of applications for lodging tax funding and to make recommendations to the Port Townsend city council regarding which projects the city should fund. However, this grant of authority shall not be construed to require the city council to submit such proposals to the committee for initial review in addition to the review process set forth in Section 2.74.060.A herein. If any expenditures will constitute an amendment to the city's annual budget, the request shall be submitted to the lodging tax advisory committee prior to final approval by the city council. E. Administration of the UCommunity Request Fund" program. The city of Port Townsend administers a "Community Request Fund" (CRF) to provided funds for advertising, publicizing, and otherwise distributing information for the purpose of attracting visitors and 4 Ord. 2607 encouraging tourist expansion within Port Townsend. The CRF is generated from lodging tax revenues. The lodging tax advisory committee is authorized to review requests for funds from the CRF and to make recommendations to the City Council's Finance Committee to authorize such expenditures, without further confirmation by the city council, not to exceed the annually budgeted amount, with funding for each request in a maximum amount of $1,000. F. Report to Washington State Department of Community, Trade and Economic Development (DCTED). The Lodging Tax Advisory Committee shall assist the city in compiling the report to ~, as required in SSB :5867, Section 6. SECTION 2. i~e~ahill~. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the fn'st, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 15th day of September, 1997. Ju~JMcCulloch, Mayor Attest: Pam Kolacy, City C'l~k~~ Appro~ Timott Las to Form:/ City Attorney Tim Ch2'741.doe 09/08/97 [Ch2.74] WpD\Ord\{eh2-74.doc} 5 Ord.