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HomeMy WebLinkAbout4368ORDINANCE NO. 4368 AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 3.28.050 of the Kent City Code to extend the square footage component of the City of Kent business and occupation tax to include outdoor warehousing activities. RECITALS A. The City has developed into a major manufacturing and warehousing hub. As the City Council noted when it first adopted business and occupation (B&O) and square footage taxes, changes in sales tax and property tax laws prevent the City from receiving sufficient revenue from warehousing activities to support the transportation infrastructure needed to serve those activities. B. While typical warehousing activities occurring within a confined, indoor structure have always been subject to the City's square footage tax, similar activities conducted outdoors have not. The simple fact that some goods and commodities do not require indoor storage has resulted in similar business activities being taxed differently. C. This ordinance amends the City's square footage tax provisions to ensure that all warehousing activities, regardless of whether they are conducted indoors or outside, are subject to the same tax rate. It will also Amend KCC 3.28.O5O - Re: Outdoor Warehousing 1 ensure that those businesses conducting outdoor warehousing operations, such as transloading goods between modes of transportation, are paying their fair share to maintain, repair, and operate the City's transportation and infrastructure network. D. The extension of these taxes is intended to generate necessary additional revenue to maintain, repair, and operate the City's transportation network, and in order to fairly allocate the cost of maintaining that infrastructure to those business entities that contribute most to the use and degradation of City streets. NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7, - Amendment - KCC 3.28.050. Section 3.28.050 of the Kent City Code, related to City business and occupation taxes and entitled "Imposition of the tax - Tax or fee levied", is hereby amended as follows: Sec. 3.28.O5O. 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: Amend KCC 3.28.O5O - Re: Outdoor Warehousing 2 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 O.L52 hundredths of one percent (0.00152) through December 3t, 2O2L, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January L, 2022. 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) through December 3L, 2O2L, and multiplied by the rate of 0.100 hundredths of one percent (0.001) effective January L, 2022. 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. 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) through December 3L, 2019, and Amend KCC 3.28.O5O - Re: Outdoor Wa rehousing 3 multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January t,2O2O. 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) through December 3t,2O2L, and multiplied by the rate of 0.100 hundredths of one percent (0.001) effective January L, 2022. 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) through December 3L, 2O2I, and multiplied by the rate of 0.100 hundredths of one percent (0.001) effective January t, 2022. 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) through December 3L, 2O2t, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January L,2O2Z. 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 Amend KCC 3.28.O5O - Re: Outdoor Warehousing 4 activities shall be equal to the gross income of the business multiplied by the rate of 0.152 hundredths of one percent (0.00152) through December 3L, 202L, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January L, 2022. 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 fax. Upon every person who leases, owns, occupies, or otherwise maintains an office, warehouse, outdoor 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 business warehouse business-floor space, outdoor warehouse space, or other business floor space for each office, warehouse, outdoor 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 (8)(!)(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 and outdoor warehouse space for each business warehouse or outdoor warehouse leased, owned, occupied, or otherwise maintained within the city multiplied by the rate for each calendar year listed below, and the number of square feet of other business floor space for each office or other place of business leased, Amend KCC 3,28.O5O - Re: Outdoor Warehousing 5 owned, occupied, or otherwise maintained within the city multiplied by the rate for each calendar year listed below. Effective Date Business Warehouse Floor Space/Outdoor Warehous Other Business Floor Space 1t1t2019 0.06 quarterly rate 0.24 annual rate 0.02 quarterly rate 0.08 annual rate 1t1t2020 0.09 quarterly rate 0.36 annual rate 0.02 quarterly rate 0.08 annual rate 1tlt2025 0.12 quarterly rate 0.48 annual rate 0.02 quarterly rate 0.08 annual rate 1t1t2028 0.15 quarterly rate 0.60 annual rate 0.03 quarterly rate 0.12 annual rate 2. For purposes of this section, business warehouse means a building or structure, or any part thereof, in which goods, wares, merchandise, or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. ?Ear nrrrn^cac nf fhic canl-ian rtttfrlrrnr vtzrahnttca mainc rn arat that is outdoors and is primarily used for the transloading of goods. wares. merchandise, or commodities on property for purposes of switching modes Ar rrahialac aF -n nrr6\rth^6 Far +1r nrirtrarrr nr rrn^ca nf rarhnlacrlina distributing, or re-organizing goods, wares, merchandise, or commodities en route to final destinations of sale or other transaction. Transloading generally involves the transfer of goods from one mode of transportation to another en route to an ultimate destination and. for purposes of the square Amend KCC 3.28.O5O - Re: Outdoor Warehousing 6 footage tax, includes areas used for crossdocking, waylaying, temporary embarkment, and other similar activities. 34. 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 or outdoor warehouse. 45. For purposes of this section, the square footage of a business warehouse and other business floor space shall be computed by measur.ing 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. 6. For purposes of this section, the square footage of an outdoor warehouse shall only include those areas used for the receipt or storage of goods, wares, merchandise, or commodities that are beino received and temporarily stored for transloading, whether or not for compensation. in fr rrtharrnna nf annrnina in hr rcinacc Qrrl^h .ara.ac rrrrill frrnin=llrr innlrrda fhnco areas where goods. wares, merchandise, and commodities. in transit to their ultimate destination, are parked, packaged, or stored after transloading. waylaying, or crossdocking. Square footage shall not include areas used only for employee- customer, or visitor parking. dock high loadino areas used primarily for a business warehouse, buildings, areas used only for direct crlac nr ranfrlc fa nnncr rm6Fc l-cranarl =ra2c ctnrrvrrrrrfar f=rilifioc maneuvering areas and drive aisles. areas used only for garbage or recycling pickup, rights-of-way, or other areas clearly not used for the temporary storage of goods, wares, merchandise, and commodities in transit. Outdoor areas used for storage of agricultural products or for ancillary storage of materials utilized in, or products resulting from, onsite manufacturing operations are not considered outdoor warehouses. Amend KCC 3.28.O5O - Re: Outdoor Warehousing 7 52. Persons with more than one office, business warehouse, outdoor warehouse, or other place of business within the city must include all business warehouse floor space, outdoor warehouse 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 or outdoor warehouse where no walls or other barriers 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 business warehouse fuiftess-floor space of the person that operates the business warehouse ffi€ss, and not by the person renting the warehouse space. 69. 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 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 and square footage threshold. 1. Gross receipts threshold. The gross receipts tax imposed in subsection (A) of this section shall not apply to any person engaging in any one or more business activities which are otherwise taxable pursuant to this section, whose value of products, including byproducts, gross proceeds of sales, and gross income of the business, as the case may be, from all activities conducted within the city during any calendar year does not exceed the threshold amount of $250,000. Amend KCC 3.28.O5O - Re: Outdoor Warehousing B 2. Square footage threshold. The square footage tax imposed in subsection (B) of this section shall not apply to any person unless that person's total fleerarea of business space within the city exceeds one of the following thresholds: a. 4,000 Feur-theusand-taxable square feet of business warehouse space; of b. 261.360 taxable square feet (six acres) of outdoor warehouse space; or be. 12.000 ffitaxable square feet of other business floor space. 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. Gross receipts maximum - Retailing activities. Effective January 1, 2022, the gross receipts tax imposed in subsection (A) of this section shall not apply to retailing activities exceeding $20,000,000 in any calendar year which are otherwise taxable pursuant to this section. E. Rules. The director may promulgate rules and regulations regarding the manner, means, and method of calculating any tax imposed under this section. SECTION 2, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Amend KCC 3,28.O5O - Re: Outdoor Warehousing 9 SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4, - Effective Date. This ordinance shall take effect and be in force five days from and after its publication as provided by RCW 35A.11.090 and RCW 35A.12.130; however, the square footage tax on outdoor warehousing operations implemented in this ordinance will not take effect and the City will not impose this tax until January L,2O2L. DANA RALPH, MAYOR September 15. 2020 Date Approved A &September 15. 2020 Date AdoptedKIMBERLEYOTO, CITY RK September 18, 2020 Date Published APP AS TO UR *P RICK,TTORNEY Amend KCC 3.28.O5O - Re: Outdoor Warehousing 10 Classified Proof 238398 - City of Kent, City Clerk - LEGAL ADS 220 Fourth Ave S Kent, WA, 98032 908262 3030 - Legal Notices 18D020 856-5728 KOMOTO 4368 ffios/1st2o2o Reporter ffi;*Fj;e47o - Jennifer rribbett ffiffi(360) s02-8212 fF$ffiffii,S9: ffijtribbett@courierherald.com,-1,+Is.ffi-gefr.1ri ffi$ l0:48:55 am $92.87 $0.00 $0.00 $92.87 $0.00 Proofed by Jennifer Tribbett, 09/091202010:51:40 am Page: I Classified Proof CITYOF KENT NOTICE OF OROINANCE PASSED BY THEctwcouNctl The following is the sum- mary of an ordinance passed by the Kent City Council on Sept€mb€r 15,2020. ORDINANCE NO.4368. AN ORDINANCE of the City Council of the Cityof Kent, Washington,arnending seclion 3.28.050 of the Kent City Code to extend the square footage compo- n6nt of the City of Kent business and oocupation tax to include outdoor warehousing activities. This ordinance shall take effeot and be in force fivc dcyr from rnd aftcr its publication as provid- ed by RCW 354.11.090 and RCW 35A.12.130; however, the square footage tax on outdoor warehousing operations implemented in this ordi- nance will not teke effect and the City will not im- pose this tax until Janu- ary 1,2021. A copy of the complete text of any ordinance will be mailed upon request of the City Clerk. Kimberley A, Komoto, City Clerk Kkomoto@KentWA.gov 253€56-5725 #904262 9t18t20 Proofed by Jennifer Tribbett, 091091202010:51:40 am Page:2