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HomeMy WebLinkAboutORD 1863terly period of a business. on account of which a license fee or tax is hereby required, the. purcha$er . or transferee shall, if the. fee or tax has not been paid :in full for said quarterly period, be responsible for the .payment of the tee or tax for: that portion of the quarterty+ period during which he carries .on such business. Section. is. APPLICATIONS AND RETURNS CONFIDEN- TIAL: The returns made to the Treasurer and Clerk pursuant to this Ordinance shall not be made public; nor shall they be subject to the inspection of any. person except the Mayor, City Attorney, Treasurer, City Clerk or his authorized agent, and members of the City Council; and it shall be unlawful for any person to make public or to in- form any other person as to the contents or any information contained in or to permit in- spection of any return, except as in this section authorized, and except in any proceedings for determination and/or collec- tion of the tax. Section 18. OVER OR UN= DER. -.PAYMENT OF TAX. Whenever a taxpayer makes an overpayment, and within two (2) years after date of such overpayment, makes application for a refund or credit of the overpayment, his. claim shall - be allowed and if the request is for an overpayment the over- payment shall be repaid from the General Fund, when ap- proved by the City Clerk., If refund or credit is not applied for within two (2) years from date of overpayment no refund shall be allowed. If the Clerk finds that the fee or tax or pen- alty paid is less than the amount due, the Clerk s h a l l mail the taxpayer a statement showing the balance due 'and may add thereto a requirement that interest shall be paid on such balance at the rate of 6 per cent per annum from date of under -payment until p a i d and the taxpayer shall within three (3) days from the date of mailing statement pay the amount shown thereon as th e balance due plus such interest. No demand for an additional fee or tax or penalty shall be made by the Clerk more than four (4) years after the close of the year in which the same ac- crued except: (1) Against a taxpayer who is not registered as required by this Ordinance; (2) as against a taxpayer who has been guilty of fraud or misrepresentation of a material fact or (3) where a taxpayer has executed a writ- ten waiver of such limitations. Section 20. ENFORCEMENT AND PENALTIES. (a) Failure To Make Returns. If any taxpayer fails, neglects or refuses to make his return as and when required herein, or if upon examination or investi- gation, the Clerk finds that the amount of tax liability reported or paid by any taxpayer ap- pears to be less than the .cor- recti amount of his tax liability under this Ordinance, the Clerk deemed to be operating with- out having his license so to do. any such rule or regulation . adopted by the City Council. City of Renton -Business Tax Ordinance 1961 is authorized to determine the Section 21. A P P P:.A L TO Section 23: MAI LING OF amount of the tax payable, and CITY COUNCIL: Any taxpayer .'NOTICES: Any notice required by mail to notify such taxpayer of the amount so determined. aggrieved by the amount of. the fee to found b the Clerk .: by this ordinance to be mailed' to any taxpayer shall be sent ` ORDINANCE NO. 18tis (e) The -term "gross income . bor or skill is applied, by hand sociation required to have a Business hereunder, or The Amount so fixed s h a 1 1 or. x Y to be required under the pro_, by ordinary mail; addressed to AN ordinance of the City of of the business" means the val- ue proceeding or.. accruing by or machinery, to materials so that as a result thereof a new, .License liable for fee tax, thereupon become the tax and be immediately due and pays- visions of this Ordinance, may the address 'of the taxpayer as 'shown the',. Renton; Washington, relating reason of the transaction of the' different or useful article of :for collection of license the collection of any license �� appeal .to the City Council.from . by. the records of 'address to and providing for a license business engaged _ in and in- tangible personal property. or fee or tax hereunder or who en- (b) Collection As D"ebt. Any such finding b . filin a written • g Y g :notice of with the City ,Clerk . or if no such . is as e.' : shown, to such address the or occupation tax upon cer-. eludes gross proceeds of sales, substance of trade : or coin- gages in any business or who performs any act, for which a license fee or tax due. and un' Clerk .within five days" from the .: Clerk is . able to ascertain by 'fain businesses, occupations, pursuits and privileges; de- compensation for the. rendition of services, gains realized from merce: is produced and shall , include the production or'.fab-. ..license fee or tax is imposed by paid and delinquent. under this. all time such taxpayer was given reasonable .effort: Failure: of:- " �g offenses and. presenb- trading in stocks, bonds or oth- rication of `special Made, or , His ordinance. ordinance, and penalties: thereon, may be collected by '.. notice of such a -m ou'n t. T he s Clerk shall, as soon as `practi t13e tax a er to receive such- P Y rxrailed notice shall not :release . in penalties. g or evidences of indebtedness, custom made articles.. "business" (P) Words in the singular shall include the leu•- P civ it action which remedy. shall to and all cable, fixa time and place. for :. `the `such - the:; taxpayer- from an tax or. y ; BE . IT. ORDAINED BY THE `' interest, discount, rents, royal _ tees; 'fees, commissions, divi- (j) The word in- eludes all achvittes and, trans- number al; and the lural shall include P be in addition any, existing. remedtcs a n hearing of appeal, an nalties thereon nor snail' Y + MAYOR 'AND THE CITY . dends and : other emoluments actions engaged in with tile. ob.. the singular. Words in one gen- other . .d penalties. .:.which time, shall .be not more than 30 days after the . filing::of •..: ;such failure operate to°,extend an time limit et the, pro. ny, y F r COUNCIL OF THE CITY. OF RENTON: however designated; all without jest of gain,. °benefit or advan- der shall include all other gen- dens: (c). False Retu rns: It shall,- . gal and. he the nonce of app. ... . .b visions. of.this Ordinance. Section 1. EXERCISE OF any .deduction on account of the cost of the commodi ty or tan- tage to the taxpayer or to. an.. other person or class, direetiy (q) "Quarterly period" shall unlawful for any person subject e tax ,hereunder to fail or to the shall cause, a notice of the' ime and lace thereof to be mailed p ,Sectiou 24: LICENSE FEE . T ERS. ' ADDITIONAL O OTH REVENUE LICENSE POWER. gible property sold, the. cost of or indirectiv.: , mean each three-month period of the calendar to wit, Jan refuse to secure the license or to the appellant: ,At; such hear . .— The: license fee and .tax herein ., he .. provisions of this Ordi- nance shall be deemed an ex= materials used, labor costs; in- terest, discount, delivery (.k) The words `engagrng: (or business' years, 1 through March 31, April to make the returns as and :: when required or to pay -the fee . 'ing the, taxpayer shall-: be en- titled:,to be heard and to intro-,_ . levied shall be additional -t6 any. license tax ercise of the power of the City costs, taxes or, any other e x p e ri s e engage)nary in mean commencing,. c,o n d u c t.i n g . or 1 throw June 30, July l through through O+otober 1.- or tax when due, or for any , duce evidence in -his own -.be- .fee: or .imposed .or, ,_ levied under any law. or a n y of Renton to license for reve- whatsoever paid or a c c r u e d continuing in business and also r 30 and September through December 31 of each : person to make. any .false or half: The City, Council s•h;a.11 other 'Ordinance of The City, ex- F - nue: Section 2. DEFINITIONS: In. and without any deduction on accourit of losses. the exercise of corporate qr year. fraudulent application or return , PP or any false statement or rep- . thereupon ascertain. the correct po . amount of. the fee or tax: by rept as herein otherwise ex•'_ i ressl consirwng the provisions of this : (f) The term value .proceed- franchise powers as well as liq- uidatmg a business when the tr) The word "Clerk" shall resentation in or in connection . resolution, and the City. Clerk , provided:: p Section 25. APPLICATION ordinance, save when. otherwise mg or. accruing means the liquidators thereof hold thein- mean the City Clerk of the City Renton with any such application or re- '' turn, or to aid or abet, another shall immediately h<o t i f y ,the by Appellant thereof TO CITY'S BUSINESS: ACTIVI- TIES. The. City declared or clearly apparent from the context, the following consideration, whether money, credits, rights or other proper- selves out to the public as con-. ducting business, of (s) The word "Treasurer" in any attempt to evade pay - . :marl,. which amount, :together w it h Whenever" through any department or di- definitions shall be applied: "tax: ° ty expressed in terms of .mon- such (1) The term "cash discount•' shall mean the City Treasurer ment of the fee or tax or any costs of the appeal, if appellant vision shall engage in'. any bus- ; . , (a) The term year or ey, actually received or ac- means .a deduction' from the in- bf the. City of Renton. part thereof, or for any person . is unsuccessful therein must be :' activity which if engaged taxable year shall mean ei- crued. The term shall be ap- voice price of goods or charge Q) The word "City" s h a l l to fail to appear and/or testify paid within three days a f. t e r .loess: in,.by- any person would under ther the calendar year or the` plied, in each. case, on a .cash for services which is allowed if mean the City of Renton. in response to subpoena issued to testify. such notice is givens this Ordinance require a Busi- `taxpayer's, fiscal year when permission is obtained from the receipts ,or 'accrual basis ac- cording to which method of ac - the bill is paid on or before' a Section 3. BUSINESS LI - pursuant hereto, or falsely upon any investigation The Mayor, the President of the City Council, or the Chair- gess License, and the payment of a` license fee or tax by such Clerk to use a fiscal year .in counting. is regularly employed specified date: (m) The term "tuition fee" CENSE REQUIRED. Every @ y person engaging within the city of the correctness of a return or upon the hearing of any of an committee thereof Y before arson, the Cit de artment or • p, y p. division engaging in such busi- lieu of the calendar year. (b) The word "person" or in keeping the books of the tax - payer: The value proceeding cr shall be construed to include li• brary, laboratory, health serv- of Renton during the calendar year 1961•in any business or ac - in- peal, or m any manner to him- pe which thea appeal is to be PP heard may, by subpoena, re- . ness activityshall as to such word ' company," herein used accruing from sales on the fin- . ice and other: special fees, and tivity for which a license lee or der or delay the City or any of its in carrying out the quire the attendance thereat business activity at: the same interchangeably means any in- . dividual, receiver, assignee; staliment plan under condition- al contracts of sale may be re amounts .charged for room and. tax is provided by this O r d i - officers provisions of this Ordinance. e- any person, and may also re- quire him to produce any per-. time and in the same manner as-. rsons are re uired here � q trustee in bankruptcy,. trust, ported as of the.dates when the board by an educational r serv- tion when the :property or -serv- Hance, whether such person y subject to Uig payment of any (d) Revocation of License. tinent books and records. Any under.to make returns and from estate, firm, co- artnership, . P. joint venture, club, company, payments become due. (g) The word "extractor" ice for .which such charges are tax thereunder or not,. shall ap- The .Clerk may revoke the li_ cense issued to any taxpayer Person served with such sub- poena shall appear at the time the funds of such department or division pay the license :fees or j P y, business joint-stock company, means every person who, from made is furnished exclusive) y to the, students or faculty of ply for and obtain from the City Clerk a "BUSINESS LI - who is in default in any pay- license fee or tax and place therein stated and . taxes imposed hereunder. Section 26. EFFECT OF trust, corporation, association, society, or any.group of; individ- his own land or from the land of another under a right or li- such institution: Provided, That CENSE" for such calendar ment of any hereunder, or who shall fail to produce the books and. records required', if any, and shall ties- PARTIAL INVALIDITY. If any uals acting as a unit, whether cense granted by lease or con - the. term "educational institu- tion," as used ".herein, shall be year or unexpired p o r t i o n thereof; and on and after the comply . with an of the provi- y tify truthfully under oath ad- P rovision, section, paragraph, mutual, cooperative, fraternal, non-profit or otherwise and in- tract, either directly or by con- tracting with others for the construed to mean only those effective date of this ordinance sions of this Ordinance. Notice of such revocation shall be ministered by the Chairman in charge of the hearing on appeal clause,,or part of this ordinance shall `be held . void or unconsti- eludes the United States or any necessary labor or mechanical institutions created. or general- ly accredited as such b the Y no person, whether subject to the payment of a tax or near mailed. to the taxpayer by the and after the as to any matter required of tutional the remainder of this not be affected i instrumentality thereof provid- ed a valid tax may be levied services, for sale .purposes, mines, quarries, takes or pro State and offering to students shall during the. calendar year Clerk and on date thereof any such taxpayer him pertinent to the appeal, and it shall be unlawful. for him ordinance shall thereby; but all o t h e r provi- upon or collected therefrom un- duces coal, oil, natural gas, ore, an . educational program of a general academic nature, or 1961, engage in any business activity within the City of Ren - who continues to engage in bus- to fail or refuse so to do. sions, . `sections, paragraphs, der the provisions of this ordi- stone, sand, gravel, clay, min- . those. institutions which are not ton for which a license fee or iness shall be deemed to be op- Section 22. INTERPRETA- clauses and parts of this ordi- mance. eral or other. natural' resource: operated profit and. which tax is imposed by this Ordi- erating without a license and TION: RULES and REGULA_ nance; not expressly so held to- (c) The word "Sale" includes product or fells, cuts or takes .for are privately endowed under a nance without (a) having. first shall be subject to any or all herein TIONS: In the administration be void or unconstitutional shall continue and remain in full the exchange of property as well as the sale t h e r e o f for- timber or other natural prod- ucts, or takes,. cultivatesor deed of trust to offer instruc- obtained. and being the holder penalties provided. (3) Penalties. Any p e r s o n of this Ordinance and the Inter= of t h e force -'and effect: money; and also includes eon- raises fish, shell fish or other tion in trade, industry and ag- of a valid and subsisting license violating or failing to comply pretation provisions thereof, the City Clerk shall be Section. 27. This Ordinance ditional . sales contracts, leases . sea or. inland water foods or riculture, but not including spe- cialtyschools, business . colleg- so to do to be known as a"Bus- iness License," issued for such with any of the provisions of this Ordinance or any lawful guided by, the rules and requ- shall take effect .on::January. 1, 1961 and be in force and effect and any other contract under which possession of the proper- products, but does not include rsons rformin under con-' g es, trade schools or similar in- calendar year under the provi- rule or regulation adopted b P Y lations as adopted, published and interpreted by the Excise on and; after- that date for the ty is given to the purchaser but . tract the necessary labor or stitutions. (n) The word "successor" sions of this Ordinance as here - inafter provided, and (b) hav- P the the Council pursuant thereto,. u n conviction thereof, shall Po Tax Division of the Tax Com- the State of Wash= calendar, year 1961. title is retained by the vendor as security for the payment of ty Paan mechanical services for others.. (h) .The word "manuf means any person who shall, ing paid the license fee and tax be punished by a fine in any mission of ington under and in respect to PASSED BY THE CITY the purchase price or rental. It er" means every person who . o who . through direct or mesne con- e, purchase or succeed imposed by this Ordinance. The fee or tax for the "Business Li - sum not to exceed One Hun- dred Dollars ($100.00) or by the State Business and Occupa- tion Tax Law (Chapter 180, COUNCIL this 22nd day of Nov— shall also be construed to in- elude the furnishing of food, either directly or by contract- ing with others for the neces. to the business, or portion to the ee cense" shall he the license fee imprisonment in the Cit Jail Y Laws of 1935, as amended), in- ember, 1960. ' H. Morris drink or meals for compensa- sary labor or mechanical sery- thereof, or the whole or a n y part of the stock of g o o d s or tax imposed by this Ordin- ante, and in addition, the sum for a term not exceeding thirtyVern (30) days, or by both such fine sofas as the same are applica- ble to and not inconsistent with City Clerk tion, whether consumed u o n V P the premises or not. ices, manufactures for sale any articles, substances or com-.. wares or merchandise or fix- of $L.00 as a license fee which and imprisonment. the provisions and require- APPROVED BY THE MAYOR (d) The term "gross proceeds modities. When the owner of tures or aninterest therein of Y taxpayer quitting, selling- shall accompany the application P Y for the license. (f) Any taxpayer who en- ments of this ordinance or with this 22nd day of November, of sales" means the value pro- reeding or accruing from the equipment or facilities furnish- out, exchanging or otherwise o Said license shall expire at gages in, or carries on, any business subject to a tax here- such rules and regulations as; the City Council may at any 1960. sale of tangible personal prop es, or sells to the customer prior to manufacture, all ora disposing of his business. Any the end of the calendar year. under without having his "Bus- time adopt hereunder. Frank Aliment, erty and for services rendered portion of the materials that be- person obligated to fulfill t h e Each license shall be personal iness License" so to do shall be The City Council may from Mayor without any deduction on ac- come a part or of the terms of a contract . shall be and non -transferable. In c as e guilty of a violation of this Or- time to time adopt, publish and APPROVED AS TO FORM: count of the cost of property .whole manufactured article, the City deemed a successor to any con- tractor defaulting in the business is transacted at two or by one. dinance for each day during which the business is so en- enforce rules and regulations not inconsistent with this ordi- Gerard M. Shellan sold, the cost of materials used. labor costs, interest, discount Council shall prescribe uita- ble rules for determining tax li- per- formance of any contract as to more separate places taxpayer, a separate license gaged in, or carried on; and nance or with law for the pur- City Attorney ; : paid, delivery costs, taxes, orability. whom such person is surety or shall be required for e a c h any taxpayer who fails or re- pose of carrying out. the provi- . Published in the Renton News any other expense whatsoever guarantor. - place but for such additional li- fuses to pay the license fee or sions h e r e o f or 'interpreting RecordDecember 1, 1960. paid or accrued and without (i) The term "manufacture" (o) The word "taxpayer" in- renes no additional $12.00 fee tax, or any part thereof, on or same, and it shall be unlawful , any deduction on account of embraces all the activities of a eludes any individual, group of shall be required. before the. due date, shall be to violate or fail to comply with losses. commercial nature wherein Ia- individuals, corporation or as- All licenses shall be issued by the City Clerk on forms pre- scribed and furnished by him and the Clerk shall keep a reg- ister thereof. Each license shall be numbered, shall show the name, place and character of business of the taxpayer, such other information as, the City Clerk shall d e e in necessary, and shall at, all times be post- ed in the place of business for which it is issued. When the place of business of a taxpay- er is changed, the taxpayer shall return the license to the City Clerk and a new license shall be issued for the, new place of business free of charge. No person shall engage in any business for which a bus- iness license is required under this Section, without being reg- istered and licensed in compli- ance with the provisions of this Section.; nor shall any person holding such a "Business Li- cense" suffer Or auoaw any ve- er person, for whom separate license is required, to operate under or display his license. Section 4. ENUMERATION OF PERSONS SUBJECT TO TAX; MEASURE AND RATES OF TAX. On and after the ef- fective -date of this Ordinance, and during the calendar year there is hereby levied upon and shall be collected from and paid as hereinafter specified by ev- ery person on account of and for the privilege of engaging in business activities, a license fee or occupation tax, sometimes herein referred to as the "tax," in amounts to be determined by application of rates g i v e n against value of products, gross proceeds of sales, or gross in- come of business, as the case may be, for the three calendar months next preceding the be- ginning of each quarterly period, as follows: (a) Upon every person en- gaging within this City in busi- ness as a manufacturer or as an extractor; as to such per- sons the amount of the tax with respect to such business shall be equal to. the value of the products manufactured or ex- tracted for sale, multiplied by the rate of: eighteen thous- andths of! one per cent (.00018) I'he measure of the tax is the value of the products so manu- factured or extracted, regard- less of the place of sale or the fact that deliveries may be made to points outside the City. (b) Upon every person en- gaging within this City . in the business of making s a l e s at wholesale. or retail; as to such persons the amount of the tax with respect to such business shall be equal to the gross pro- ceeds of such sales of the busi- ness w i t h o u t regard to the place of delivery of articles, commodities o r merchandise sold, multiplied by the rate of eighteen thousandths of one .per cent (.0001$):' (c) Upon every person en- gaging within this City in the business of ; ! : , (1) printing or publication of newspapers, periodicals or mag- azines. (2) building, repairing or im- proving any publicly o w n e d street, place, road, highway, bridge or trestle which is used, or to be used, primarily for foot or vehicular traffic; as to such persons the amount of tax with respect to such business .shall be equal to the gross income. of the business multiplied by the rate of eighteen thous- andths of one per cent (.00018) (d) Upon every person engag-. ing within this City in any of the following professions a n d businesses which for the pur- poses of this Ordinance are classified as preponderantly in the nature of rendering services: 1. Doctor of medicine; other healing art or science; 'dentist or dental technician; attorney at law; accountant, bookkeep- er, or tax services; real estate broker or agency thereof; in. surance broker, agent or repre- sentative; other brokerage; fu- neral director;.rest home, nurs= ing home, or place of refuge; specialized private. training schools in music, aviation or other skills; 2. The business of selling or furnishing water for compensa- tion; 3. The business of u r b a n transportation; 4. Telegraph business; 5. The business of selling, fur- nishing or distributing electri- city, (exclusive of electricity sold for the purpose of resale, and the revenue therefrom) ; 6. The business of selling, furnishing, distributing or pro- ducing gaseous gas for com- mercial or domestic use. As to such persons the amount of the tax with respect to such profession or business shall be equal to the gross in- come derived from such profes- sion or business multiplied by the rate of six hundredths of one per cent (.0006).. In respect to u1nity pusiness- es herein mentioned the term "gross income" as heretofore defined shall include the gross operating revenue of the busi- ness; ,(e) Upon every person en7 gaging within this City in any business activity other than or in addition to those enumerat- ed in subsections (a), (b), (c) and (d) above; as to such per- sons the amount of the tax with respect to any such business activity shall be equal to t he gross income of the busi ness multiplied by the rate of eighteen thousandths of one per cent (•00018). This sub -section (e) includes, among others, and without lim- iting the scope thereof (wheth- er or not title to material used in the performance of such business passes to another by accession, . confusion or other than:by: outright sale), persons engaged in the business of ren- dering any, type -of service oth= er than or in addition to those enumerated in sub -section (d) above. Section 5. TAXABLE AS TO' EACH ACTIVITY: Every per- son engaging in activities which are within the purview of the provisions of two or more para- graphs designated (a), (b), (c), (d), and (e), of Section 4 of this Ordinance, shall be taxable un- der each applicable paragraph; Provided, that persons taxable under Paragraph (b) of s a i d section on products sold for de- livery within the State of Wash- ington shall not be' taxable un- der Paragraph (a) thereof with respect to extracting or manu- facturing of such products so sold; and that persons taxable under Paragraph (a) thereof as manufacturer shall not be tax- able under said Paragraph (a) with respect to extracting the ingredients of the product so manufactured. Section 6. DETERMINATION OF VALUES: The v a l u e of products extracted or manufac- tured shall be determined by the gross proceeds d e r i v e d from the sale thereof, whether such sale is at wholesale or at retail except: (a) Where such products are shipped, transported or trans- ferred out of the City, or to an- other person, without prior sale or are sold under circumstanc- es such that the gross proceeds from the sale are not indicative of the true value of the subject - matter of the sale. In the above cases the value shall correspond as .nearly as possible to the gross proceeds from sales -in the City of similar products. of like quality a n d character, and in similar quan- tities by other taxpayers. The City Council shall prescribe uni- form and equitable rules f or. the p u r p o s e of ascertaining such values. Section 7. APPORTIONMENT OF BUSINESS. (a) As to any person engag. ing in a business activity both within and without the City, or partially within and partially without the City, but ;maintain- ing an office or place of busi- ness within this City and n o t elsewhere, the tax shall be measured upon the entire. bus- iness activity without regard to the place where the products are delivered or the, sales are made or the services are ren- dered. (b) Persons engaging in a business activity both within and without the City but main- taining no office or fixed place of business within: this City, and - also persons maintaining office es, plants; warehouses, or oth- er business` :establishihents in theState . of .:Washington; part of which,are .within the :C i t y and part of which ` are outside the City,,. shall :be, taxable on the .value of .products or gross proceeds of .sales or gross in= comeof the business attribut- able to business within the City ascertained `either: Ca) by a segregation. of.busi-. ness' within and business' out; side the,'Crty, :;shown and sup ported by separate accounting records; or (2) by an apportionment to the City of that part of the value of products, gross pro- ceeds of sales, or gross income of the business, in the State of Washington which b e a r s the same proportion to the whole thereof that the total number of its employees employed with- in the City bears to the total number of its employees with- in the State; or (3) when the use of such ap- portionment factor is imprac- ticable or grossly inequitable, by a fair and equitable appor- tionment of value of products, gross proceeds of s a l e s or gross income of the business, upon such reasonable basis as shall be agreed upon between the City (acting through the City Clerk and Council) and the taxpayer after consideration of the facts. Section 8. SALES BY CON- SIGNEE, BAILEE, FACTOR OR AUCTIONEER: Every con- signee, bailee, factor or auc- tioneer, having either actual or constructive possession of tan- gible personal property, or hav- ing possession of the documents of title thereto, with power to ,sell such tangible personal property in his or its own name and actually so selling, shall be deemed the seller of such tan- gible personal property within the meaning of this Ordinance; and further, the consignor, bail- or, principal or owner shall be deemed a seller of such prop- erty to the consignee, bailee,: factor or auctioneer. The burden shall be upon the taxpayer,in every case to estab- lish the fact that such taxpayer is not engaged in the business of selling tangible p e r s o n a l .property but is acting merely as broker or agent in promot- ing sales for a principal; such. claim will be allowed only when the taxpayer'saccount records are kept in such manner as shall clearly confirm the claim.' Section 9. EXEMPTIONS. The provisions of this ordinance shall not apply to: (a) Any person in respect to a business .activity with respect to which the tax' liability is spe- cifioally imposed under applic- able Ordinances relating to the regulation of and licensing of the f o l l o w i n,g: Theatres -Shows, Games of. Skill, music devices, taxicabs, peddlers, dance halls, private. detectives, merchant pa- trolmen, skating rinks whether roller skating or. ice skating golf courses, bowling alleys, auc- tions and :Trailer -Parks. (b) Any person in respect to insurance business upon which a tax based on gross premiums is paid'to the State of Washing- ton; Provided, however, That the : provisions of this sub -sec- tion shall not exempt. any per- son engaging in the business of .representing 'a n y insurance company, whether as general or local agent or a c t i n g as broker -for such companies; And provided; further;,. That the provisions of this sub -section shall not exempt any bonding company from tax with respect to gross income derived f r o m the completion of any contract as. to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. (c) Any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, • meats or any farm products or edibles raised, caught, produced or manufac tured within the State' of Wash- ington and sold by the farmer or gardener raising, catching, producing or manufacturing the same. (d) Any person in respect to the business of conducting box- ing contests and sparring and - or wrestling matches and exhi- bitions for the conduct of which a license must be se- cured from the State Athletic Commission. (e) Any person ir, respect to the business of conducting race meets for the conduct of which a license must be secured from the State Horse Racing C o m - mission. (f) Any person in respect to his employment in the capacity of an employee or servant as distinguished from that of an independent contractor. (g) Fraternal benefit socie- ties as .defined in RCW 48.36, (including fraternal fire insur- ance associations); and bene- ficiary corporations or socie- ties organized under and exist - ting by virtue of RCW 24.16. (h) The g r o s s income re- ceived by the United States or any instrumentality thereof, by the State of Washington or any municipal subdivision thereof, or by any religious society, as- sociation or corporation through the operation of a n y hospital, clinic, resort or other institution devoted exclusively to the care or healing of human beings; Provided, That no ex- emption is granted where the income therefrom inures to the benefit of any physician, sur- geon, stockholder or individual by virtue of ownership. or con- trol of such hospital, clinic, re- sort or other institution. (i) Amounts derived from busi- ness transactions relating to sale, lease, or rental of real estate, except those taxable un- der the State Business and Oc- cupation Tax Law (Chapter 180, Laws of 1935, as amended). -(j) National banks, s t a t e banks, trust companies, mutual savings banks, building and loan and savings and loan as- sociations with respect to their banking business, trust business or savings and loan business. but not with respect to engag- ing in any other business tax- able hereunder, even . though such other business be conduct- ed primarily for the purpose :of. liquidating; theassets thereof. (k) The business of manufac- turing, selling, or distributing motor vehicle fuel, as that term is defined in Chapter 58, Laws of 1933, as amended: (1) Liquor as defined by State law (Sec. 7306-3, Rem. Rev Stat.) . Section 10. DEDUCTIONS ALLOWED IN COMPUTING. LICENSE FEES: In computing the license fee or tax there may be deducted from the measure of tax the following items: (a) Amounts derived by per- sons, other than those engaging in banking, loan, security or other financial business, from investments or the use of mon. ey as such. (b) Amounts derived f r o in bona fide initiation fees, dues, contributions, donations, tuition fees as hereinabove defined, and endowment funds. The pro-, visions of this paragraph shall not be construed to exempt any n-C."a association nr snriaty from tax liability upon selling tangible personal property or upon providing facilities or services for which a special charge is made to members or others; Provided, That d u e s which are for, or graduated up- on, the amount of service ren- dered by the recipient thereof are not permitted as a deduc- tion hereunder. (c) The amount of cash dis- count actually taken by the pur- chaser. This deduction is n o t allowed in arriving at the tax- able amount under the extrac- tive and/or manufacturing clas- sifications with respect to ar- ticles produced or manufac- tured, the values of which, for the purpose of this tax, have been computed according to the provisions of Section 6 hereof. (d) The amount of c r e d i t losses actually sustained by taxpayers whose regular books of accounts Iare kept upon an accrual basis. (e) Amounts derived f r o in business which the City is pro- hibited from taxing under the. constitution or laws of the State: or the constitution or laws, of the United S t a t e s and any amounts collected by the tax- payer as an excise tax. Section 11. LOW VOLUME EXEMPTION. Whenever a per- son engages in one or in o r e business activities wherein . the value of -products, gross pro- ceeds of sale or gross income of the taxable business is less than $2,500.00 for a quarterly period such person shall be ex- empt from payment of the tax under Section 4, but shall nev- ertheless make and file the quar- terly sworn information, Re- turn required under Section 12; stating that he is. exempt:under this Section 11. Section 12. QUARTERLY RETURNS and 'PAYMENTS. The ;license fee ur tax imposed, by this Ordinance except t he ;$12:00_ fee .required to accom- pany' the annual application for the Business License, -shall be due.- and . payable in quarterly installments, and:,remittance therefor shall be made to the City Treasurer on or before the last day of the month next suc- ceeding the end of the quar- terly period in which the tax accrued. The license -taxpayer, on or before said last day of said .month, shall also transmit to the City Treasurer a Return, upon a form to be prescribed and provided by the City Clerk; which Return shall con- tain a statement by the t a x payer stating the amount of the tax for which he is liable for the preceding quarterly period under and computed according to the provisions of this ordi- nance, that the information. therein given and the amount of tax liability therein reported are full and true, and that he knows the same to be so; which statement shall be signed by the taxpayer, and the signing of same shall be deemed and constitute the same a statement iinder the penalties of periury equivalent to and as if sworn to under oath. The Return when thus signed need not disclose the value of products, g r o s s proceeds of sales, or gross in- come of the business constitut- ing the measure of the tax lia- bility therein reported. Provid- ed, h o w e v e r, that the City Council in its discretion may at any time by Resolution require an .annual or another additional Return from any taxpayer, set- ting forth the value of products, gross proceeds of ' sales, or gross income of the business constituting measure of the tax hereunder, and such additional information as it may d e e in necessary to correctly deter- mine license fee or tax liabili- ty under this Ordinance, a n d containing a statement by t h e taxpayer sworn to (or. af- firmed) under oath that the in- formation therein given and the amount of tax liability therein reported are full and true and that he knows the same to be SO. Whenever the total tax for which any person is liable un- der this Ordinance does not ek seed the sum of $2.00 for any quarterly period, an annual Return may be made upon writ- ten request to and written ap- proval by the City Clerk. Section 13. PAYMENT OF LICENSE TAX. The license fee or tax payable hereunder shall atthe time the return is re- quired to be filed hereunder be paid to the City Treasurer by bank draft, certified check, cashier's check, personal check or money order, or in cash. If payment is made by draft or check, the tax or fee shall'not be deemed paid unless the check or draft is honored in the usual course of business; n o r shall the acceptance of any sum by the Treasurer be an ac- quittance or discharge of t he taxi or fee due, u n l e s s the amount of the payment is: in the • full and actual amount due. The. return shallfirst be pre- sented to :the City. Treasurer, who shall endorse thereon the date and amount of the p a y- ment received and shall there- upon forthwith file the return with the Clerk. The Clerk is authorized, but. not required, to mail to t a x - payers forms for applications for license and forms for re- turns, but failure of the taxpay- er to receive any such forms shall .not excuse the taxpayer from making application for and securing the license re- quired, making returns, and payment of the license fee or tax when. and as due hereun- der. Section 14: PRESERVING RECORDS. It shall be the duty of every person liable for the payment of any fee or tax im- posed by this Ordinance to keep and preserve for the period of five years such books, and rec- ords as will accurately reflect the amount of his gross income, dross nroceeds of sale or value of products, as the case may be, and from which can be de- termined the amount of any fee or tax for which he may be li- able under the provisions of this Ordinance; and all books, records, invoices, inventories and stocks of goods, wares and merchandise shall be open, for examination at all reasonable times by the Clerk or his duly authorized agent. Section 15. FINAL PAY- MENT PUBLIC WORK CON- TRACT—LICENSE FEES TO BE PAID FIRST: 'The Clerk shall, before issuing any war- rant making final payment to any person performing any pub- lic work contract for the City, require such person to pay in full all license fees or taxes due under this ordinance from such person on account of such contract, or otherwise. Section 16. EXTENSION OF TIME FOR FILING RETURNS —PENALTIES. The Clerk for good cause shown may extend the time for making and filing any return as required under this Ordinance and may grant such reasonable additional time within which to file such re- turns as he may deem proper: Provided, That' any extension in excess of thirty (30) days shall be conditioned upon pay- ment of interest of one-half of one per cent (1 per cent) for each thirty (30) days or portion thereof on the amount of the tax from the date upon which said tax became due. If payment of any tax is not received within ten (10) days from the due date of such tax, there shall be added a penalty as follows: 11 to 40 days delinquency, 10 per cent with a minimum pen- alty of $1.00; 41 to 70 days de- linquency, 15 per cent with a minimum penalty of $2.00; and 71 or more days delinquency, 20 per cent with a nunimum penalty of $100."'1" Section 17. SALE OR TRANS- FER OF BUSINESS: -Upon the rale or transfer during anyquar•