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HomeMy WebLinkAboutORD 5861 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5861 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 5-5-2.Y, 5-5-3.A, 5-5-3.C,5-5-3.E, 5-5-3.G.2,5-25-4.D, 5-25-10.K, 5- 25-10.Z, 5-25-11.C, 5-25-11.D, 5-26-3.E, 5-26-6.A, 5-26-6.D,AND 5-26-7.F OF THE RENTON MUNICIPAL CODE TO MOVE ALL BUSINESSES TO A CALENDAR YEAR REPORTING PERIOD FOR BUSINESS LICENSE PURPOSES WITH A JANUARY 31 DUE DATE; CLARIFYING POTENTIALLY AMBIGUOUS LANGUAGE TO ENSURE CONSISTENT APPLICATION OF EXISTING BUSINE55 AND OPERATIONS TAX AND BUSINESS LICENSE REGULATIONS; AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2016, the City implemented a Business & Occupation (B&O) Tax, which is remitted either on a quarterly or annual basis, administered in conjunction with business license renewals; and WHEREAS, currently the City has four different due dates in which a business would be required to renew a business license and pay B&O taxes. The tax reporting period for each due date is the preceding four quarters for annual filers. The due date corresponds to the same quarter in which the business had originally applied for a business license; and WHEREAS, the multiple due dates has made it confusing for many businesses. In most cases, the reporting period does not line up with their own fiscal reporting period or, if they have multiple licenses, they may have multiple due dates; and WHEREAS, many businesses have voiced frustrations as they do not understand the methodology of the multiple due dates. There have been numerous errors or corrections made for taxes remitted when a business has filed too early, returns completed for the incorrect reporting period or late fees and penalties incurred because the due date was not clear; and 1 ORDINANCE N0. 5861 WHEREAS, by changing the renewal date and reporting date for all businesses to a calendar year basis due January 31 of each year will help clear up confusion and streamline the process; and WHEREAS, in addition to the renewal and reporting date, RMC provisions are confusing regarding the maximum tax a large business is responsible to pay each year; and WHEREAS, currently RMC 5-25-4 states there will be a cap placed on taxable gross revenues not to exceed $5 billion.The wording on gross revenues is not clear as businesses could be reporting in multiple tax categories and, therefore, could interpret this code provision to be a maximum of gross revenues of$5 billion in each category or in total; and WHEREAS, the City interprets RMC 5-25-4 to read that business are required to pay no more than $4.25 million in taxes for any calendar year, adjusted annually for inflation, regardless of the number of categories the business operates in; and WHEREAS, clarifying RMC 5-25-4 to expressly state that$4.25 million is the maximum tax cap will alleviate future confusion over the intent of the maximum tax due to any one business in a calendar year; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsection 5-5-2.Y of the Renton Municipal Code is amended as follows: Y. REPORTING PERIOD: �he fear�^�f�ITsalendu���ar�e�s, vv�c� The calendar year (Januarv 1 throu�h December 31) that precedes the vear for which the business is applvin�for a license. 2 ORDINANCE N0. 5861 SECTION II. Subsection 5-5-3.A of the Renton Municipal Code is amended as follows: A. General Business License Required: No person shall en�a�e in Business unless such Business is authorized bv a valid Citv of Renton general business license. €ver�r—��►3iness en�er�r+se i�c'"�—����I+r��e� �e—�ease;,�', +.,.,,..,.,.-�.-., .,,-+-.l,l.,.-.,I„� h����r.,�.-.,.- .-4.-,II F�.�+.,4,+.,�., F.-.,..-.+4..,r�+.,..F o„r+,.� � � � � � a-general basines3 I�se�se. The general business license shall not be transferable. A separate business license is required for each Business Enterprise. SECTION III. Subsection 5-5-3.0 of the Renton Municipal Code is amended as follows: C. License Fee:The general business license fee shall consist of two (2) parts, a fixed registration fee and a variable per employee fee,which shall be determined by the number of worker-hours in the City of Renton during the reporting period. 1. License Registration Fee: The Business License Registration fee of one hundred fifty dollars ($150.00) shall be due and payable when filing a completed registration form as prescribed by the Administrator. The Registration Fee may be adjusted from time to time, as published in the city's current Fee Schedule brochure. If a business's first date of en�a�in� in business in the Citv is after Julv 1, a prorated half vear license re�istration fee will be due in the amount of seventv-five dollars ($75). 2. Per Employee Fee: Effective January 1, 2015, in addition to the Registration Fee described in subsection C.1 above, a per employee license fee shall be calculated by multiplying the actual number of hours worked during the reporting period by $0.0352 per hour. Businesses with fewer than one thousand 3 ORDINANCE N0. 5861 two hundred (1,200) worker-hours in a year ^� *"-^^ ""^��^� I�nn� h,,,,.� ;., ., �e�-shall be exempt from paying the per employee fee described in this subsection. The-re�er�in �^� {^� ^ , ",���^^«^< <",�� "^ ^ ,�*^��., ^ "^{^�^ ''"^ ^ ,�*^�'„ � ^�+;^^ �'��^ �',+^�. gusinesses with tax liabilitv under RMC Chapter 5-25 are not required to pay the per emplovee fee imposed in this chapter. 3. The per hour rate shall be administratively adjusted every other year by the percentage rise or fall of the Seattle-Tacoma-Bremerton Consumer Price Index, All Items, Urban Wage Earners and Clerical Workers (also known as CPI-W) ending August 31, for the same two (2) year period and published in the City's current Fee Schedule brochure. Each business license holder may be required, by the Administrator,to file with the City of Renton, copies of its quarterly reports to the State Department of Labor and Industries reporting emp�oyee hours worked. The businesses that did not file the report may be required to file an affidavit with the City reporting hours worked or the equivalent number of employees. 4. Due Dates: Annual business registration and per employee fees are due by the last day of January {^ "� ��«�� ,;*" �,+^ .,"��" {,�� wi�h i n �h e fe�r�#� EaTe��q���e�-��t�#��c�a��^������s++�sses��# �„n;,,o �-,�a + �•,.� c.,�� •+�•� �he firs� salen�ar�aarz�r e#��I�e=Tea�, '��,-�� a�ii��vcivai aa'ccTvv��ic�� �a�i vvic��i�� 4 ORDINANCE N0. 5861 , . .- �,,.- t,,,�;�,,.-.-� •+►, � .� +� ti• N f ii •+N• +M�+l�7rrl �-�I�niJ�.-n��-..-*�.-�F+l�� ..n-. �e� �he�e �N�ir�es3e�re�ire� �e re�er� q�ar�erl , ' ��'+• ' + +" ,' �^oi��ra�ien fee�ltEe as �e�eribed abeve, *"^ ^^ � { ^ � � , , . 5. Reporting Periods: Per Employee business license fees are calculated #e�-based upon hours worked in the R�eporting P�eriod. T"^ ^^'^�;^;�*��*^- �",�� h-,. „ +ti„ a���.-„+c,,., +„ ,J„��.,.,�+„ -, 1,��.-�.,o � +• .J �� �aa��ra��a�e� c�n variea3 #as�ers, ar�er�se�her�, �k��,,,�er�-e�r��ee3 �,�/,,,- �„-.�,,,,.,i .,.,+�, .,�+H„ ti����.,,,�� +• • ,� f +t,,,.-„ o„��c.-�,�*„�•i„ ii„ ti-,ii ti +�„ a. T e r�or��r��sr�aa,o; �,.�����.,rR, ���,�,,,��,���,�. f.,��.- In1 � .�,1.,+., .--,I.,.,.J-..- ., .,.+�,.� ., .,.J7.,.,+h�, .J��., .J..+., +' ' .J �' +6, ' �„J + �'1 +., I h I I h . Th e r e�v i c i i iSp c i i v a i vT crn=r.`�ic�cquir'ca cv '�rrE'-'�q'cr'crrccny-�nirm-vc tho r�lor�rl�r n -�rf�r .� �rlinn � �1� r. �..-+nrl�i rl��.� iJ-.+� 6. Expiration: Unless otherwise established by the Administrator, business licenses expire on Januarv 31 of the vear after issuance and must be renewed bv the -, .,� �.,�,.,,,�� . ;..+.-.,�;,,., ;� ,-.�;,��,,.., .. ,,,� „�„„„ ��, „ and 3hall e�F�ire en-�;�. �,�aR�T�;r. due date as described in subsection C.4 above. 5 ORDINANCE NO. 5861 7. Location of Business and Employees: a. Presumption: For purposes of this section, any business operating within the City limits of the City of Renton shall be deemed to have all of its employees working within the City limits of the City of Renton. b. Working Outside City: For any employees whose nominal place of business is within the City limits of the City of Renton, all hours will be presumed to be worked within the City and subject to this fee. Any employee regularly reporting to work within the City limits shall have all of that employee's time subject to this fee, even if portions of the employee's time are spent outside the City of Renton (for example, a realtor or outside salesperson). When an employee normally employed within the City of Renton who, for extended periods of time, reports to work outside the City of Renton, for example, a contractor's employees reporting directly to job sites, then the employer may by affidavit report the number of hours actually worked within the City or the percentage of time within the City based upon one thousand nine hundred twenty (1,920) hours annually and pay the annual license fee based upon those figures. s. ��er�Term er Temperar��iEe�se: ^ +,,.,...,,,r-..-„„;„„+.,ron�„-.� ,�-, �a�r--lisense rraaTbe�arEh�se�-�s� ' ., �^��,-ST,,�n nnv-vv�j���Eq�-� ce�u_iv�lonk_mm�loscnn /��CTN�1 �q a � c c���p�vTcc-rr ,�Tor f e r e a s h fe a r h�n��e���e+g�i#-y-E�BA}-�e�lEe� h.,��.-� a��.��.,+N„ „ „+.,l�n► .--,��n.J-„-.J.,.,.,,,.�.,.J ., .�M,,.J • +l, r•+ � � � �a�e Af is3aanse. The�emperarT�a�ir�ess-�Ee�se maTenl� �i.�ciTcni,�^cv—vT 6 ORDINANCE N0. 5861 e���^�����—:o;��—{���oT—or {e�rer �T€ The lisen��ma��e �e�cew�e + +"e �nnlir�hlr �Tr ..,+„ F„ • • +, �on1 i,,.,,�-, ,�-, • a + + ,� �r i �a c c c��i a c �i i i�c cy--r-..rvTcaTcnuar-c:a-��scnvqT�rv�cv c�ccc cv tw�.hu_ndr_oc�sovon+ /77l11 r.r.r�.�� +'..n .J � C� Cl11QICQ�GYCIIC�CTZ.TrCC117CRTC10�'Q��S i�enev►�al ferms will ne� be�� th.ar�tar_m-6urin__ntL_li.��,.�c.,.,r Dn.�.,�.�-.I /��� �.,�,�«.,�, pq�111�.J7 ,«�����T�«.��o.o�s m�3� �e at�h��e��es��f IiEer��ee—,� i-,+„ f,,,,� .,..,a � -,i+,,,.- .,...,i„ 8. Any payment not made within one (1) month following the due date shall be cause for the automatic revocation of the business license. 9. The Administrator shall have the authority to inspect business premises, and review or audit business records with reasonable prior notice. 10. Non-Profit Exemption: A bona fide non-profit organization organized under Section 501(c)(3) of the Internal Revenue Code whose income is primarily from compensation from public entities for health or social welfare services, grants, and/or donations, shall register and file employment information at least annually but shall be exempt from paying the registration and the per employee fee. Primarily shall mean more than fifty percent (50%). SECTION IV. Subsection 5-5-3.E of the Renton Municipa) Code is amended as follows: E. Time Within Which to Claim Overpayment of License Fee: Whenever a business enterprise makes an overpayment, and, within �vve four (�4) years after date of such overpayment, makes application for a refund or credit of the overpayment, its claim shall be allowed and be repaid from the general fund or be applied as a credit to annual renewal fees as approved by the Administrative Services Administrator. 7 ORDINANCE NO. 5861 SECTION V. Subsection 5-5-3.G.2 of the Renton Municipal Code is amended as follows: 2. The penalty for failure to obtain a business license shall not be less than two hundred and fifty dollars ($250.00) or as prescribed in the City's Fee Schedule, plus payment of all license fee amounts that should have been paid for the last t#�ee four (�4) years, as determined by the Administrator, plus a penalty of twenty percent (20%) per annum for all amounts owing, plus any accounting, legal or administrative expenses incurred by the City in determining the unreported, or the unpaid portion over the last ##�ee four (�4) years or in collecting the tax and/or the penalty. SECTION VI. Subsection 5-25-4.D of the Renton Municipal Code is amended as follows: p. �...,,,,..,+� ;., c.,,.,,« �f Annual Tax Cap: �+�The tax imposed under this chapter shall not�^^'„+„+�-,*.,,,.�;,,.. „{+h„�, ,,,�.-„��-,�„� „ , , , , , are in e�Ees�ef #' , , , exceed four million two hundred fiftv thousand dollars ($4,250,000) during any calendar year. The cap set forth in this subsection shall be administratively adjusted by the Administrator on January 1st of each year, beginning on January 1, 2017, to reflect the inflation adjustment, as defined and calculated pursuant to RMC 5-25-2.P. The amount of the cap so calculated shall be rounded to the nearest ' ten dollars ($�A8910). SECTION VII. Subsection 5-25-10.K of the Renton Municipal Code is amended as follows: 8 ORDINANCE N0. 5861 K. Gross Receipts Taxed Under Other Renton Municipal Code (RMC)Sections: This chapter shall not apply to: 1. Any person in respect to a business activity with respect to which tax liability is specifically imposed under the provisions of RMC Chapter 5-11 (Utility Tax); or 2. n.,., 4,.,.�,-, F�.J„ ,.1,-,.-;*�L,I., ., .�,��+ ., �-.+�., .J �� .J � or�n� � � ��g.A�A�sa�tes� �e a�a�E—��r��an� �e�F�§-� ���ena f+d��" '�:« r,.,.,.�,.-.,F;+ .,..,-..�,i-,-.+�.,.. �.-,.,�,hl�.-.., -.,-+i.,i+., 1�,�...,., .-,��I., •,.,.�1 ���.,.d.--,:.-:.�... -.,-+:..�+:,.,-. � i i ��Il�a�s an���c��Fs; Ea;�ga,;,�s; ,^��e�c�rga,,,�7 Anv person in respect to a business activitv with respect to which tax liabilitv is specificallv imposed under the provisions of RMC Chapter 5-8 (Gamblin�Tax). SECTION VIII. Subsection 5-25-10.Z of the Renton Municipal Code, is amended as follows: Z. Real Estate Brokers and Associated Brokers, Agents, or Salesmen: This chapter does not apply to that portion of a real estate commission assigned to another brokerage office pursuant to the division of revenue between the originating brokerage office and a cooperating brokerage office on a particular transaction. Each brokerage office shall pay the tax upon its respective revenue share of the transaction. Furthermore, where a brokerage office has paid the business �e�se and occupation tax on the gross commission earned by that brokerage office, associate brokers, salesmen or agents within the same office 9 ORDINANCE N0. 5861 shali not be required to pay the tax upon their share of the commission from the same transaction. SECTION IX. Subsection 5-25-11.0 of the Renton Municipal Code is amended as follows: C. Artistic and Cultural Organizations - Income From Business Activities: In computing tax, there may be deducted from the measure of tax those amounts received by Non-Profit artistic or cultural organi2ations, as defined in this chapter, which represent: 1. Income derived from business activities conducted bythe organization, provided that this deduction does not apply to retail sales made by artistic and cultural organizations; 2. Amounts received from the United States of America or any of its instrumentalities or from the State of Washington or any municipal corporation or subdivision thereof as compensation for; or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or 3. Amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs. SECTION X. Subsection 5-25-11.D ofthe Renton Municipal Code is amended as follows: D. Artistic or Cultura) Organization - Deduction For Tax Under the Manufacturing Classification - Value of Articles For Use In Displaying Art Objects or Presenting Artistic or Cultural Exhibitions, Performances, or Programs: In computing tax, there may be deducted from the measure of tax by�e�se+�� Non- 10 ORDINANCE N0. 5861 Profit Or�anizations subject to payment of the tax under the manufacturing classification, the value of articles to the extent manufacturing activities are undertaken by an artistic or cultural organization, as defined in this chapter, solely for the purpose of manufacturing articles for use by the organization in displaying art objects or presenting artistic or cultural exhibitions, performances, or programs for attendance or viewing by the general public. SECTION XI. Subsection 5-26-3.E of the Renton Municipal Code is amended as follows: E. "Reporting period" means: 1. A one (1) month period beginning the first day of each calendar month (monthly); or 2. A three (3) month period beginning the first day of January, April, July or October of each year (quarterly); or 3. A twelve (12) month period beginning the first day of January of each year (annual). 4. �er a�er er�^�ee �e� i�en�ifie� ���� � �-C.T�k�� �•� ,*•�� ,�,�� SECTION XII. Subsection 5-26-6.A of the Renton Municipal Code is amended as follows: q. n+ti�.-+�-,., -, -.� . ;�+r.,�,,,., �,,,, .. �a �" Except as provided in RMC5-5-3.C�, � �,.e.,�o o�..;�+.-,+;,,., �,,,,� �„,� +ti� o,,. c...,.,i,,,,,,,, �,,,, . ;.,,a h„ °-";���z:—�taxes or fees imposed by Chapters 5-5, 5-6, 5-7, 5-8, 5-11, and 5- 25 shall be due and payable in quarterly installments. At the Administrator's 11 ORDINANCE NO. 5861 discretion, businesses may be assigned to a monthly or annual reporting period depending on the tax amount owing or type of tax. Tax returns and payments are due on or before the last day of the next month following the end of the assigned reporting period covered by the return. SECTION XIII. Subsection 5-26-6.D of the Renton Municipal Code is amended as follows: D. For purposes of the tax imposed by Chapter 5-25, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to tax after all allowable deductions, is equal to or less than T"�^^ �,�^^'�^^' �^�' �e�re+a*., ��.,^ T"^,��^^�' One Million Five Hundred Thousand dollars ($�9AA1,500,000) in the current �e� reportin� year, shall file a return, declare no tax due under Chapter 5-25 on their return, and submit the return to the Administrator. SECTION XIV. Subsection 5-26-7.F of the Renton Municipal Code is amended as follows: F. Any payment made that is returned for lack of sufficient funds or for any other reason will not be considered received until payment by certified check, money order, or cash of the original amount due, plus a "nonsufficient funds" (NSF) charge ^� T..,^^+., ^^",r� �t�n nn� as specified in the City of Renton Fee Schedule is received by the Administrator. Any license issued upon payment with an NSF check will be considered void, and shall be returned to the Administrator. No license shall be reissued until payment (including the NSF fee) is received. SECTION XV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, 12 ORDINANCE N0. 5861 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION XVI. This ordinance shall be in full force on January 1, 2018. PASSED BY THE CITY COUNCIL this 23rd day of October, 2017. < Jaso A. Seth, y Clerk APPROVED BY THE MAYOR this 23rd day of October, 2017. Denis Law, Mayor Approved as to form: �,���Ss•,c,� � � ,��`'����t`�F11�FN���''�, =.�G��c`,,,,,,,,,,,����,,,,,�,���,'', Shane Moloney, City Attorney _ �� y ; : .�. �' _ _ * = SEAL � Date of Publication: 10127/2017 (Summary) " � _ * = — � — ', '�' _ ORD:1987:10 11 17:scr ,�''•y�°�A�''��""����,""�`��`b,�o,�'` � � �������RqTED SEQ�����``� ��u��i�n���N��� 13