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234 Business Occupation Tax,_ w TOWN OF YELM ORDINANCE NO. 234 AN ORDINANCE relating to the conduct of various businesses and occupations within the Town of Yelm; providing for and levying a tax or license fee upon certain income derived from the conduct of certain businesses and occupations; providing for necessary administrative procedures for the collection of such tax and license fees; providing penalties for failure to timely pay such tax and license fees; and, repealing Town of Yelm Ordi- nance Nos. 96 and 157 and Chapters 5.04 and 5.08 of the Yelm Municipal Code. WHEREAS, Section 35.27.370 of the Revised Code of Washington em- powers the Town, by ordinance, to license, for purposes of regulation and revenue, all and every kind of business authorized by law and transacted and carried on in the Town and to provide for the imposi- tion of penalties for violation of its ordinances; and, WHEREAS, the Town Council of the Town of Yelm deems it to be in the best interest of the Town and its citizens to license and tax cer- tain businesses conducted within the Town for revenue and regulation, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF YELM, THURSTON COUNTY, WASHINGTON, as follows: Section 1. Exercise of Powers. The provisions of this Ordinance shall be deemed an exercise of the power of the Town of Yelm to license for revenue and regulation. Section 2. Definitions. In construing the provi: >i.ons of this Ordinance, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied: (a) "Town Clerk" means the Clerk- Treasurer of the Town of Yelm. (b) "Town" means the Town of Yelm. (c) "Tax year" or "taxable year" shall mean the calendar year. (d) "Person" or "company ", herein used interchange- ably, means any individual, receiver, assignee, trust;-�e in bankruptcy, trust, estate, firm, co- partnership, joint venture, club, company, joint -stock company, business trust, corporation, association, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non - profit or otherwise, and includes the United States or any instrumentality thereof, provided a valid tax may be levied upon or collected therefrom under the provisions of this Ordinance. (e) "Gross income of the business" means the value proceeding or accruing by reason of the transaction of the business engaged in and includes gross proceeds of sales, compensation for the rendition of services, professional or otherwise, gains realized from trading in stocks, bonds or other evidences of indebtedness, interest, discounts, rents, royalties, fees, commissions, dividends and other emoluments, however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discounts, delivery costs, taxes or any other expense whatsoever paid or accrued and without any deduction on account of losses. (f) "Value proceeding or accruing" means the consideration, whether money, credits, rights or other property expressed in terms of money, actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. The auditor may provide by regulation that the value proceeding or accruing from sales on the installment plan under conditional contracts of sale may be reported as of dates when the payments become due. (g) "Business" includes all activities engaged in with the object of gain, benefit or advantage to the taxpayer or to another person or class, directly or indirectly. (h) "Engaging in business" means commencing, conducting or continuing in business and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (i) "Cash discount" means a deduction from the invoice price of goods or charge for services which is allowed if the bill is paid on or before a specified date. (j) "Successor" means any person who shall, through direct or mesne conveyance, purchase or succeed to the business, or portion thereof.. or the whole or any part of the stock of goods, wares or werchandise or fixtures, or any interest therein, of a taxpayer quitting, selling out, exchanging or otherwise disposing of his business. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting iri the performance of any contract as to which such person is surety or guarantor. (k) "Taxpayer" includes any individual, group of individuals, corporation or association required to have a business license hereunder, or liable for any license fee or tax or for the collection of any license fee or tax hereunder, or who engages in any business or who performs any act for which a license fee or tax is imposed by this Ordinance. (1) "Semi - annual period" means a six -month period, beginning the first day of the months of January and July. Section 3. License Required. Or. and after the effective date of this Ordinance, no person, whether or riot subject to the payment of a tax as provided in this Ordinance, shall eiviatie ir: ktny business or activity within the Town without having first obtained and Loirig the holder of a valid and subsisting "business license" to so do, issued tinder the provisions of this Ordinance. The business license shall be issued for any lawful business on -2- 164 application therefor and payment of the annual license fee of Five Dollars ($5.00). The business license issued pursuant to the provi- sions of this Ordinance shall be valid so long as the person to whom the same is issued continues in business and pays the annual license fee of Five Dollars ($5.00) on or before February 1 of each year and any tax due pursuant to the provisions of this Ordinance. Applica- tions for the license shall be made to and on forms provided by the Town Clerk. Section 4. License Specifications and Posting. The license shall be personal and non - transferable. In case business is trans- acted at two or more separate places by one taxpayer, a separate license for each place at which business is transacted with the public shall be required, but for such additional license, no addi- tional fee shall be required. Each license shall be numbered, shall show the name, place and character of the business of the taxpayer, such other information as the Town Clerk deems necessary, and shall at all times be conspicuously posted in the place of business for which it is issued. Section. 5. Use of License. No person to whom a license shall have been issued pursuant to this Ordinance shall suffer cr allow any other person for whom a separate license is required to operate or display such license, nor shall such other person operate under or display such license. Section 6. Businesses and Occupations Subject to Tax and the Rate Thereof. There is hereby levied upon, and there shall be col - eI o'ted frome every person as hereinafter provided, for the act or privilege of engaging in business activities within the Town, a license fee or occupation tax (sometimes hereinafter referred to as the "tax ") as follows: (a) Upon every person engaged in or carrying on a telephone business, a telegraph business, a combined telephone and telegraph business, the business of sell- ing or furnishing gas for hire, the business of selling or furnishing electric light and power, the business of supplying steam heat or power to the public for hire and the business of transporting passengers for hire on a regular route, a fee or tax equal to 4 /10ths of 1% (.004) of the total gross income of such business within the Town during the calendar year next preceding the calendar year for which the tax is collected; provided, however, that the minimum fee or tax shall not be less than One Hundred Dollars ($100.00) per tax year. (b) Upon every person engaged in or carrying on any other business within the Town not specifically ex- empt by the provisions of this Ordinance, a fee or tax equal to 1 /10th of 1% (.001) of the total "gross income" of such business within the Town during the calendar year next preceding the calendar year during which the fee or tax is collected; provided, however, that the minimum fee or tax shall not be less than Twenty -Five Dollars ($25.00) per tax year. Section 7. Semi - annual Payment of Tax. The license fee or tax imposed by this Ordinance is levied and shall be effective commencing January 1, 1980, and shall be due and payable in semi - annual install- ments and remittance therefor shall be made on or before the thirtieth day of the month next succeeding the end of the semi - annual period in which the tax accrued, that is, on the thirtieth day of July and Janu- ary of each year. The remittance shall be made to the Town Clerk and accompanied by a return on a form to be provided and prescribed by the Town Clerk. To the return, the taxpayer shall be required to swear or affirm that the information therein given is full and true and that the taxpayer knows the same to be so. First payments and returns under this Ordinance shall be made on or before July 30, 1980. r 1 ``�■■ Section 8. Records. It shall be the duty of every person engaging in business as defined by this Ordinance to keep and preserve, for a period of five years, such books and records as will accurately reflect the amount of business gross income or gross subscriber station exchange revenues, as the case may be, and from which can be determined the amount of any fee or tax for which the business may be liable under the provisions of this Ordinance. The term "books and records ", as used in this section, includes the taxpayer's copies of his federal excise tax returns, State of Washington excise tax returns and copies of excise tax audits made by the United States or State of Washington and furnished to such person. The taxpayer's books and records shall be open for examination at all reasonable times by the Town Clerk or its duly authorized representative. Section 9. Failure to Pay Fee or Tax. If payment of any fee or tax due under this Ordinance is not received by the Town Clerk on or before the date it becomes due under this Ordinance, there shall be added a penalty as follows: (a) One- to forty -day delinquency, ten per- cent with a minimum penalty of five dollars; (b) Forty -one- to seventy -day delinquency, fifteen percent with a minimum penalty of ten dollars; (c) Seventy -one or more days delinquent, twenty percent with a minimum penalty of fifteen dollars. Any tax due and unpaid, and all penalties thereon, shall constitute a debt to the Town and may be collected by court proceedings, which remedy shall be in addition to all other remedies. Section 10. Overpayment. Any money paid to the Town through error or otherwise not in payment of the tax imposed by this Ordinance or in excess of such tax shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer hereunder, or, upon taxpayer's ceasing to do business in the Town, be refunded to the taxpayer. Section 11. Failure or Refusal to Make Return. Any person, firm or corporation subject to this Ordinance who shall fail or refuse to make the tax return or to pay the tax when due, or who shall make any false statement or represenation in or in connection with such tax return, or shall otherwise violate or refuse or fail to comply with this Ordinance, shall be guilty of a• misdemeanor. Section 12. Rules and Regulations. The Town Clerk is hereby authorized to adopt, publish and enforce, from time to time, such rules and regulations for the proper administration of this Ordinance as shall be necessary, and it shall be a vio- lation of this Ordinance to violate or to fail to comply with any such rule or regulation lawfully promulgated hereunder. Section 13. Persons Doing Business both Within and Without the Town. Persons engaged in the business of rendering services - 4 - both within and without the Town, or partially within and parti- ally without the Town, and maintaining an office or place of business within the Town and not elsewhere, shall be taxable under Section 6 hereof on the gross income from the business without regard to the place, and any such person shall, for the purpose of computing tax liability under this Ordinance, apportion to the Town that portion of his gross income which is derived from services rendered within the Town. Where such apportionment cannot be made by separate accounting methods, the taxpayer shall apportion to the Town that portion of his total income which the cost of doing business within the Town bears to the total cost of doing business both within and with- out the Town. Section 14. Exemptions. Except as hereinafter provided, the provisions of Section 6 hereof shall not apply to: (a) Any person engaging in any business activity where the gross income of the business is less than One Thousand Dollars ($1,000.00) fcr a tax year; provided, however, that when one per- son engages in more than one business activity and the combined activities equal or exceed $1,000.00 for the tax year, no exemption from the tax is allowed by this provision; provided, further, that any person claiming exemption under the provisions of this subsection may be required by the Town Clerk to file returns as provided herein, even though no tax may be due; (b) Any business or occupation which the Town of Yelm is prohibited from taxing, by the Constitution or laws of the State of Washington or by the Constitution or laws of the United States of America; (c) Any person in respect to his employment in the capacity of an employee or servant as dis- tinguished from that of an independent contractor; (d) The United States or any instrumentality thereof and the State of Washington or any munici- pal subdivision thereof; (e) Non - profit or charitable set up under the laws of the State or any other state or territory of States, but not as to any business such entities, which business acti, be taxable hereunder. organizations of Washington the United activities by vities shall- Section 15. Deductions. In computing the license fee or tax there may be deducted from the gross income of the business the following: (a) Amounts derived by persons, other than those engaged in banking, loan, security or other financial businesses, from investments or the use - 5 - . 6Y of money as such, and also amounts derived as dividends by a parent from its subsidiary corpo- rations; (b) Amounts derived from bona fide initia- tion fees, dues, contributions, donations, tuition fees and endowment funds on non - profit or charit- able organizations. This paragraph shall not be construed to exempt any person, association or society from tax liability upon selling the tangi- ble personal property or upon providing facilities or services for which a special charge is made to members or others. Dues which are for, or graduated upon, the amount of service rendered by the recipient thereof are not permitted as a de- duction hereunder; (c) The amount of cash discount actually taken by the purchaser; (d) The amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis; (e) Amounts derived from businesses which the Town is prohibited from taxing under the Constitution or laws of the State of Washington or the Constitution or laws of the United States; (f) Amounts derived as compensation for services rendered or to be rendered to patients by a hospital, as defined in Chapter 70.41 of the Revised Code of Washington (RCW), devoted to the care of human beings with respect to the prevention or treatment of disease, sickness or suffering, when such hospital is operated by the United States or any of its instrumentalities, or by the State of Washington or any of its political subdivisions; (g) Amounts derived as compensation for services rendered to patients by a hospital, as defined in RCW Chapter 70.41, which is operated as a non - profit corporation, nursing homes and homes for unwed mothers operated as religious or charitable organizations, but only if no part of the net earnings received by such institution inures directly or indirectly to any person other than the institution entitled to deduction here- under. In no event shall any such deduction be allowed, unless the property of such institution is entitled to exemption from taxation under the ad valorem property tax laws of the State of Washington; (h) By those engaged in banking, loan se- curity or other financial businesses, amounts -- constituting interest received on investments or loans primarily secured by first mortgage or trust deeds on non - transient residential prop- erties; (i) By those engaged in banking, loan secur- ity or other financial businesses, amounts consti- tuting interest paid on all obligations of the State of Washington, its political subdivisions and municipal corporations organized pursuant to the laws thereof; (j) Amounts constituting interest on loans by a lending institution which is owned exclusively by its borrowers or members which is engaged solely in the business of making loans for agricultural production; (k) Amounts derived from those activities on which the Town has levied a "gambling tax" pursuant to Town of Yelm Ordinance No. 182 and Chapter 3.40 of the Yelm Municipal Code; V* Amounts derived from the lease, rental or sale of real estate; provided, however, that nothing herein shall be construed to allow a deduc- tion of amounts derived from engaging in any busi- ness wherein a mere license to use or enjoy real property is granted, or to allow a deduction of amounts received as commission from the sale or rental of real estate. Section 16. Credit for Business License Fee. There shall be credited against the first taxes due under this Ordinance in each calendar year the business license fee paid by each business pursuant to Section 3 of this Ordinance. Section 17. Repealer. Sections 1 through 9 of Town of Yelm Ordinance No. 96 and Sections 1, 2 and 3 of Town of Yelm Ordinance No. 157, all as codified as Chapter 5.04 and Chapter 5.08 of the Yelm Municipal Code, be and the same are hereby repealed. Section 18. Severability. If any provision or section of this Ordinance shall be held void or unconstitutional, all other parts, provisions and sections of this Ordinance not expressly so held to be void or unconstitutional shall continue in full force and effect. Section 19. Effective Date. This Ordinance shall take effect and be in force from and a�ter January 1, 1980. —� Mayor f Attest: Town Clerk Passed: ��, / 1979 Approved: _ 1979 Published: Ale V,,,,,�� 1979 - 7 -