HomeMy WebLinkAbout4260 Ordinance o . 4260
1
(Appealing or Repealing Ordinances)
Passed - 11/21/2017
Amends various sections of the Kent City Code relating to the increase in the
square footage tax
New Section:
Amends Ords:
Amends Secs: 3.28.050, 3.28.130
Repeals Ords:
Repeals Secs:
Repealed by:
Amended by:
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
3.28.050 of the Kent City Code, entitled
"Imposition of the tax - Tax or fee levied," and
Section 3.28.130 of the Kent City Code, entitled
"Limitation of revenue received," to increase the
square footage tax.
RECITALS
A. In 2012, the city enacted a Business and Occupation Tax and
a Square Footage Tax.
B. The city now has a demonstrated need to increase its capital
resources accounts.
C. The mayor has proposed this increase to address the need for
increased capital resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 3.28.050 of the Kent City
Code, entitled "Imposition of the tax - Tax or fee levied," is hereby
amended as follows:
1 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
Sec. 3.28.050. Imposition of the tax — Tax or fee levied.
Except as provided in subsection (C) of this section, there is hereby levied
upon and shall be collected from every person a tax for the act or privilege
of engaging in business activities within the city, whether the person's
office or place of business be within or without the city. The tax shall be in
amounts to be determined by application of rates against the gross
proceeds of sale, gross income of business, or value of products, including
byproducts, and by application of rates against the square footage of
business office or facility space within the city, as the case may be, as
follows:
A. Gross receipts tax.
1. Upon every person engaging within the 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 the products, including byproducts,
extracted within the city for sale or for commercial or industrial use,
multiplied by the rate of 0.152 hundredths of one percent (0.00152). The
measure of the tax is the value of the products, including byproducts, so
extracted, regardless of the place of sale or the fact that deliveries may be
made to points outside the city.
2. Upon every person engaging within the city in business as a
manufacturer, as to such persons the amount of the tax with respect to
such business shall be equal to the value of the products, including
byproducts, manufactured within the city, multiplied by the rate of 0.046
hundredths of one percent (0.00046). The measure of the tax is the value
of the products, including byproducts, so manufactured, regardless of the
place of sale or the fact that deliveries may be made to points outside the
city.
2 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
3. Upon every person engaging within the city in the business of
making sales at wholesale, 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 0.152
hundredths of one percent (0.00152).
4. Upon every person engaging within the 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 0.046 hundredths of one
percent (0.00046).
5. Upon every person engaging within the city in the business of
(a) printing, (b) both printing and publishing newspapers, magazines,
periodicals, books, music, and other printed items, (c) publishing
newspapers, magazines and periodicals, (d) extracting for hire, and (e)
processing for hire; 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 0.046 hundredths of one percent (0.00046).
6. Upon every person engaging within the city in the business of
making sales of retail services; as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds of sales
multiplied by the rate of 0.152 hundredths of one percent (0.00152).
7. Upon every other person engaging within the city in any
business activity other than or in addition to those enumerated in the
above subsections; as to such persons, the amount of tax on account of
such activities shall be equal to the gross income of the business multiplied
3 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
by the rate of 0.152 hundredths of one percent (0.00152). This subsection
includes, among others, and without limiting the scope hereof (whether or
not title to material used in the performance of such business passes to
another by accession, merger, or other than by outright sale), persons
engaged in the business of developing or producing custom software or of
customizing canned software, producing royalties or commissions, and
persons engaged in the business of rendering any type of service which
does not constitute a sale at retail, a sale at wholesale, or a retail service.
B. Square footage tax. Upon every person who leases, owns, occupies,
or otherwise maintains an office, warehouse, or other place of business
within the city for purposes of engaging in business activities in the city,
the tax shall be measured by the number of square feet of warehouse
business floor space or other business floor space for each office,
warehouse, or other place of business leased, owned, occupied, or
otherwise maintained within the city during the reporting period, calculated
to the nearest square foot.
1. Subject to the reductions established in subsection (13)(6) of
this section, the amount of the tax due shall be equal to the sum of the
number of square feet of business warehouse floor space for each business
warehouse leased, owned, occupied, or otherwise maintained within the
city multiplied by the rate of three cents ($0.036) quarterly for each
calendar year, and the number of square feet of other business floor space
for each office or other place of business leased, owned, occupied, or
otherwise maintained within the city multiplied by the rate of one cent
($0.012) quarterly for each calendar year.
2. For purposes of this section, business warehouse means a
building or structure, or any part thereof, in which goods, wares,
4 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
merchandise, or commodities are received or stored, whether or not for
compensation, in furtherance of engaging in business.
3. For purposes of this section, other business floor space means
the floor space of an office or place of business, other than a business
warehouse.
4. For purposes of this section, the square footage shall be
computed by measuring to the inside finish of permanent outer building
walls and shall include space used by columns and projections necessary to
the building. Square footage shall not include stairs, elevator shafts, flues,
pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets,
and electrical or utility closets.
5. Persons with more than one (1) office, warehouse, or other
place of business within the city must include all business warehouse floor
space and other business floor space for all locations within the city. When
a person rents space to another person, the person occupying the rental
space is responsible for the square footage business tax on that rental
space only if the renter has exclusive right of possession in the space as
against the landlord. Space rented for the storage of goods in a warehouse
where no walls separate the goods, and where the exclusive right of
possession in the space is not held by the person to whom the space is
rented, shall be included in the warehouse business floor space of the
person that operates the warehouse business, and not by the person
renting the warehouse space.
6. If the square footage tax imposed in this subsection (B) is
less than or equal to the gross receipts tax imposed in subsection (A) of
this section, no square footage tax will be due; if the square footage tax
imposed in this subsection (B) exceeds the gross receipts tax imposed in
5 Amend Ch. 3.28 KCC -
Re. Square Footage Tax
subsection (A) of this section, the taxpayer shall also remit the excess over
the gross receipts tax payable under subsection (A) of this section.
C. Gross receipts exemption/square footage threshold.
1. Any person whose gross proceeds of sales, gross income of
the business, and value of products, including byproducts, as the case may
be, from all activities conducted within the city during any quarter are
equal to or less than sixty-two thousand five hundred dollars ($62,500)
during that quarter shall be exempt from the gross receipts tax imposed in
this chapter. The applicable tax rates shall only apply to amounts in excess
P Y PP Y
of sixty-two thousand five hundred dollars ($62,500) during any quarter.
2. The square footage tax imposed in subsection (B) of this
section shall not apply to any person unless that person's total floor area
of business space within the city exceeds the following threshold:
a. Four thousand (4,000) taxable square feet of business
warehouse space; or
b. Twelve thousand (12,000) taxable square feet of other
business floor space.
This is a threshold and not an exemption. If the square footage tax
applies, it applies to all business space leased, owned, occupied, or
otherwise maintained by the taxpayer during the applicable reporting
period.
D. Rules. The director may promulgate rules and regulations regarding
the manner, means, and method of calculating any tax imposed under this
section.
6 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
SECTION 2. - Amendment. Section 3.28.130 of the Kent City
Code, entitled "Limitation of revenue received," is hereby amended as
follows:
Sec. 3.28.130. Limitation of revenue received. One-half of the
=e wien�io re+r.�iwed from the a".UY'"e fpntana tar chall ho a!located to the
cut 's Capital Resources Fund. Remaining revenue received from the
taxes imposed by this chapter shall first then be applied to the actual cost
to staff and operate the business and occupation tax division, including one
(1) information technology position dedicated to support that division, but
not to exceed the amount budgeted for that division by the city council.
After the above allocations, oOne hundred (100) percent of the—any
rernalrrft esid'ual revenue shall be allocated to the design, construction,
maintenance, improvement, operation, and repair of the city's
transportation infrastructure and appurtenant improvements including,
without limitation, streets, curbs, gutters, sidewalks, bicycle and
pedestrian lanes and paths, street trees, drainage, lighting, and
signalization_
thous-and—doRa"4,700,000), Until lanuary 1, MCI', any remaining,
FeveHWeS FeEeived shall be applied te the f
i nt flund—and
a+{eeated aee^ Ye d rectiet of tip city-c.�2 ++tei4 ganuaF
Be leake. W :irr'Fapvr-', t-hw3t"-division, shall—rsc..-allocated--co--the-deS'IQ'rY"t
GenSt'rL-f.EUOn, Ma'1rltE'neftC-.e,---iffipf3'vefftaY t—,-o on, and Fepa#—ef—the
.e#t" �✓pBt 'r3'tk
pedestrian paths, street
Y N f
signalizatien-.
7 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
SECTION 3. - Amendment Effective Date. The amendments made
by this ordinance, including the square footage tax increase and the
reallocation of revenues, shall take effect on January 1, 2019.
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 5. - Corrections by CityClerk or Code reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
Lr" E OKE, MAYOR Date Appr6ved
ATTEST:
KIMBERLEYJ,
KOMOTO, CI CLERK Date Adopted
/ 7 11 /17
Date Pub ish d
APPROVED AS TO FORM:
8 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
M iYN�
TOM bRUBAKER, CITY ATTORNEY
9 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
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