HomeMy WebLinkAbout5554 ORDINANCE NO. 5 5 5 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ADDING A NEW AUBURN CITY CODE CHAPTER 2.76
ENTITLED "LODGING TAX ADVISORY COMMITTEE" ESTABLISHING A
LODGING TAX ADVISORY COMMITTEE FOR THE PURPOSE OF
REVIEWING AND COMMENTING ON THE IMPOSITION AND LEVYING OF A
LODGING TAX WITHIN THE CITY OF AUBURN.
WHEREAS, Chapter 67.28 RCW authorizes a municipality to impose an
excise tax on the sale of or charge made for the furnishing of lodging that is
subject to tax under Chapter 82.08 RCW; and
WHEREAS, all revenue from taxes imposed pursuant to Chapter. 67.28
RCW are to be used solely for the purpose of paying all or any part of the cost
of tourism, promotion, acquisition of tourism-related facilities, or operation of
tourism-related facilities; and
WHEREAS, the City Council desires to consider the matter of imposing
such a lodging tax within the City of Auburn and to submit the matter of a
lodging tax to the advisory committee for review and consideration;
Ordinance 5554
June 1,2001
Page I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this Ordinance is to create a
new Auburn City Code Section 2.76 entitled "Lodging Tax Advisory Committee"
as set forth in Exhibit "A" attached hereto and incorporated herein by this
reference.
Section 2. Constitutionality or Invaliditv: If any section, subsection,
clause, phrase, or sentence, of this Ordinance, is for any reason held to be
invalid or unconstitutional, such invalidity or unconstitutionality of the remaining
portions of this ordinance, as it is being hereby expressly declared that this
ordinance and each section, subsection, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and ratified
irrespective of the fact that any one or more section, subsection, clause,
phrase, or sentence, be declared invalid or unconstitutional.
Section 3. Sunset Clause. In the event a Lodging Tax is not
implemented pursuant to Chapter 67.28 RCW by the City Council by January 1,
2002, this chapter, and the ordinance adopting this chapter, shall automatically
repeal and the Lodging Tax Advisory Committee shall dissolve.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Ordinance 5554
June 1, 2001
Page 2
Section 5. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED: ~tme 4, 2001
June 4, 2001
PASSED:
June 4, 2001
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
ael J. Reyno ds
City Attorney I
PUBLISHED:
Ordinance 5554
June 1,2001
Page 3
Title 2
Chapter 2,76
LODGTNG TAX ADVZSORY COHM TTTEE
Sections:
2.76.0:[0 Creation
2.76,020 Membership
2.76,030 Terms
2.76,040 Responsibilities
2.76.0:[0 Creation
There is hereby created the Lodging Tax Advisory Committee. The
committee shall serve in an advisory capacity to the Mayor and City Council.
2.76.020 Hembership
The Lodging Tax Advisory Committee shall consist of (at/east ~c) members
as follows:
A. Two members appointed by the City Council who are representatives of
businesses required to collect tax under Ch. 67.28 RCW:
B. Two members appointed by the City Council who are persons involved in
activities authorized to be funded by revenue received under Ch. 67.28 RCW;
C. Persons who are eligible for appointment under (A) of this subsection are not
eligible for appointment under (B) of this subsection and persons who are
eligible for appointment under (B) of this subsection are not eligible for
appointment under (A) of this subsection.
D. One elected official shall serve as chair of the Lodging Tax Advisory
Committee.
E. The City Council shall review the membership of the advisory committee
annually and make changes as appropriate.
2.76.030 Terms.
All members appointed pursuant to 2.76.020 above shall serve three-year
terms. The initial appointment shall be staggered with two appointments serving
a one-year term, two appointments serving a two-year term, and two
appointments serving a three-year term. Organizations representing businesses
required to collect tax under Ch. 67.28 RCW and organizations involved in
activities authorized to be funded by revenue received under said tax as well as
local agencies involved in tourism and promotion may submit recommendations
for membership on the committee.
Ordinance No. 5554
Exhibit 'A'
3une l, 200:L
2.76.040 Responsibilities.
The Lodging Tax Advisory Committee shall make reports and
recommendations to the Mayor and City Council as follows:
A. The committee shall consider proposals for imposition of a City lodging tax
under Ch. 67.28 RCW.
B. Tf such a tax is adopted, the committee shall review any increases in the rate
of tax imposed, repeal of any exemption from a tax imposed or a change in
the use of revenue received under Ch. 67.28 RCW. The committee shall
consider any such proposal, provide for public input, and submit comments in
a timely manner to the Mayor and City Council. The comments shall include
an analysis of 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-term stability of the fund created under RCW 67.28.1815.
Ordinance No. 5554
Exhibit 'A'
3une 1, 2001