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HomeMy WebLinkAbout4396ORDINANCE NO. 4396 AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 3.28.050 of the Kent City Code establish a stand- alone six-acre square footage threshold for calculation of Outdoor Warehouse Space square footage tax, effective January t, 2O2L' RECITALS A. On September L5,2O2O, the City council adopted ordinance No. 4368 amending section 3.28.050 of the Kent City Code to extend the square footage component of the city's B&o Tax to include outdoor warehousing activities effective January t, 202L. B. The intent of Ordinance No. 4368 was to establish a stand- alone six-acre threshold (261,360 square feet) above which specific areas of property used for taxable outdoor warehousing activities would be subject to the outdoor square footage tax. However, in early February 202L, staff determined that KCC 3.28.050 could be interpreted to include all taxable outdoor warehousing square footage if the threshold for either of the other two square footage components is met. C. It is the desire of City Council to resolve the ambiguity in KCC 3.2g.050 through a revision establishing the Outdoor Business Warehouse six-acre threshold as a standalone exemption. Amend KCC 3.28'O5O' Re: Outdoor Warehousing 1 D. It is the intent of City Council to make the revisions to KCC 3.28.050 apply retroactively and be effective January L,TOZL, in order to avoid any unintended tax liabilities on Kent businesses' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SE9TION 7. - Amendment - KCC 3.28.050. Section 3.28.050 0f 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 Wa rehousing 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 0.152 hundredths of one percent (0.00152) through December 31, 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, ZOZL, and multiplied by the rate of 0.100 hundredths of one percent (0.001) effective January t, 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, 2OL9, and Amend KCC 3.28'O5O - Re: Outdoor Warehousing 3 multiplied by the rate of 0.200 hundredths of one percent (0,002) effective January L,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 3L, 202L, and multiplied by the rate of 0.100 hundredths of one percent (0.001) effective January t,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, 2027, and multiplied by the rate qf 0'100 hundredths of one percent (0,001) effective JanuarY L,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, 2O2L, and multiplied by the rate of 0'200 hundredths of one percent (0.002) effective January L,2022' 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 Amend KCC 3'28'O5O - Re: Outdoor Wa rehousing 4 such 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 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 (B)(8) 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 Amend KCC 3'28.O5O - Re: Outdoor Wa rehousing 5 leased, 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 Warehouse SPace 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 1t112025 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. 3, For purposes of this sectiont outdoor warehouse means an area that is outdoors and is primarily used for the transloading of goods, Wares, merchandise, or commodities on property for purposes of switching modes or vehicles of conveyance for the primary purpose of wholesaling, 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 Amend KCC 3.28.O5O - Re: Outdoor Wa rehousing 6 square footage tax, includes areas used for crossdocking, waylaying, temporary embarkment, and other similar activities. 4. 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' 5, For purposes of this section, the square footage of a business warehouse and other business floor space 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. 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 being received and temporarily stored for transloading, whether or not for compensation, in furtherance of engaging in business. Such areas will typically include those 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 loading areas used primarily for a business warehouse, buildings, areas used only for direct sales or rentals to consumers, landscaped areas' stormwater facilities, 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 ifl, or products Amend KCC 3'28'O5O - Re: Outdoor Wa rehousi ng 7 resulting from, onsite manufacturing operations are not considered outdoor warehouses. 7. 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 b'e included in the business warehouse floor space of the person that operates the business warehouse, and not by the person renting the warehouse space. 8. 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 Amend KCC 3.28.O5O' Re: Outdoor Warehousing 8 activities conducted within the city during any calendar year does not exceed the threshold amount of $250,000. 2. Square footage threshotd. The square footage tax on business rararahnt t flnar cna^a rnrl n{.lrar hr rcinacc fl r ch:taa imposed in subsection (B) of this section shall not apply to any person unless that person's total area of business warehouse soace and other business floor space within the city exceeds one of the following thresholds: a. 4,000 taxable square feet of business warehouse space; or b. @ F-12,000 taxable square feet of other business floor space. If the square footage tax applies to business warehouse floor space or other business floor space, it applies to all business warehouse space and other busi ness floor space leased, owned, occupied, or otherwise maintained by the taxpayer during the applicable reporting period. r 9 Amend KCC 3.28.O5O' Re: Outdoor Warehousing reporting Period. D, Gross receipts maximum - Retailing activities, Effective January 1, ZO2Z, 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. - Severabilitv. 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. ESTION 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 revisions to KCC 3'28.050 regarding square footage tax on outdoor warehousing operations shall apply retroactively and be effective January L,2O2L. March 2,202t Date Approved Amend KCC 3.28.O5O - Re: Outdoor Warehousing DANA RALPH, MAYO 10 ATTEST: KIMBERLEY A. 0 OMOTO, CITY RK March 2, 202L Date Adopted March 5, 2021 Date Published APPROVED AS RICK, CIry ATTORNEY Amend KCC 3'28.O5O - Re: Outdoor Warehousing 11 A\u* Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has bein for more than six months prior to the date of publication hereinafter referred to, published in the Engiish language continuously as a weekly newspaper in King County, Wa-shington' The Kent- Covington Reporier has been upptorr.d as a Legal Newspaper by order of the Superiot Co,t.t of the State of Washingtonio1 rcilS County' The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in iupplement form) which was regularly distributed to its subscriters duiing the below stated period. The annexed STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duiy sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the nottce, a: Public Notice #KENs2oB61 was published on March 5,202L The iull amount of the fee charged for said foregoing publication is the sum of $ Rudi Alcott Vice President, Advertising Subscribed and sworn to me this Sth day of March, 202L ' Tribbett,Public for the State of Washington,Residing in Washington EXp g.fiTAftF Pugtte lltlll Classified Proof CITYOF KENT NOTICE OF ORDINANCES PASSED BY THE CITY couNctL The following are sum-maries of ordinances passed by the Kent CitVCouncil on March i, 2421. ORDINANCE NO. 4393 -AN ORDIMNCE of the City Council of the Citv of - Kent, tAhshingtori, amending the KentComprehensive Plan and its CaDital Facilities Elem€nt t; incorporate an updated Park Proiect List and the 2A21 Paftlmpact Fee Studv (cPA-2021-1 ). This ordinance shall take effect and be in force 30 days from and after its passage. as provided by law- ORDINANCE NO. 4394 -AN ORDINANCE ofthe City Council of the Citvof Kent, Washingtori,amending the KentComprehensive Plan and its Capital Facilities Element to incorporate an updated Transporta-tion Project List andam€nding the Kent Comprehensive Plan to replace the content ofthe Transportation Ele- ment wilh the uodated Transportation Master Plan (CPA-2021-2). This ordinance shall take effeci and be in force 30 days from and after its passage, as provided by law ORDINANCE NO. 4396 -AN ORDINANCE ofthe City Council of the Citvof Kent, Washington,amending section 3.28.050 of the Kent City Code establish a stand- alone six- acre souare footage threshold foi cal- Proofed by Jennifer Tribbett, 03/03/2021 I I : 1 3:06 am Page:2 Classified Proof culation of Outdoor Warehouse Space square footrage tax, ef- fe;tiveJanuarv 1,2021 This ordinance shall take effect and be in foroe Frve days from and after its publication as Provd- ed bv RCW 354.11.090 and'RCW 35A.12.130; however, the revisions to KCC 3.28.050 regarding square footage tiax on outdoor warehouslng oF erations shall aPPIY ret- roactivelv and be effec- tive Jantiarv 1, 2021 A copv of ihe complete text df'any ordinance will b€ mailed upon request of th€ Citv Clerk. Kimberlei A. Komoto, Ciw Clerk Kk6moto@KentWA.gov 253a56-5725 #920861 3t5t21 Proofed by Jennifer Tribbett, 03/03/2021 11:13:06 am Page:3