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HomeMy WebLinkAboutORD 1448CITY OF RENTON - BUSINESS TAX ORDINANCE (1953) ORDINANCE NO. 1448 An ordinance of the City of Ren- ton, Washington, relating to and providing for a license or occu- pation tax upon certain busi- nesses, occupations, pursuits and privileges; defining offenses and prescribing penalties. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RENTON: Section 1. EXERCISE OF REV- ENUE LICENSE POWER. The pro- visions of this Ordinance shall be deemed an exercise of the power of the City of Renton to license for revenue. Section 2. DEFNITIONS: In con- struing the provisions of this ordi- nance, save when otherwise de- clared or clearly apparent from the context, the following definitions shall be applied: (a) The term "tax year" or "tax- able year" shall mean either the calendar year or the taxpayer's fis- cal year when permission is ob- tained from the Clerk to use a fiscal year in lieu of the calendar year. (b) The word "person" or word "company," herein used inter- changeably, means any individual, receiver, assignee, trustee in bank- ruptcy, trust, estate, firm, co -part- nership, joint venture, club, com- pany, joint-stock company, business trust, corporation, association, so- ciety, 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 there- of, provided a valid tax may be levied upon or collected therefrom under the provisions of this ordi- nance. (c) The word "sale" includes the exchange of property as well as the sale thereof for money; and also includes conditional sales con- tracts, leases and any other con- tract under which possession of the property is given to the pur- chaser .but title is retained by the vendor as security for the payment of the purchase price or rental. It shall also beconstrued to include the furnishing of food, drink, or meals for compensation, whether consumed upon the premises or not. (d) The term "gross proceeds of sales" means the value proceeding or accruing from the sale of tangible personal property and for services rendered without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, de- livery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on ac- count of losses. (e) The term "gross income of the business" means the value pro- ceeding or accruing by reason of the transaction of the business en- gaged in and includes gross pro- ceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds or other evidences of indebtedness, in- terest, discount, rents, royalties, fees, commissions, dividends and other emoluments however des- ignated, all without any deduction on account of the cost of the com- modity or tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes or any other expense whatsoever paid or accrued and without any deduction on account of losses. (f) The term "value proceeding or accruing" means the considera- tion, whether money, credits, rights or other property expressed in terms of money, actually received or ac- crued. 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 value pro- ceeding or accruing from sales on the installment plan under con- ditional contracts of sale may be reported as of the dates when the payments become due. (g) The word "extractor" means every person who, from, his own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale purposes, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product or fells, cuts or takes timber or other natural products, or takes, culti- vates, or raises fish, shell fish, or other sea or inland water foods or products, but does not include per- sons performing under contract the necessary labor or mechanical serv- ices for others. (h) The word "manufacturer" means every person who, either directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale any articles, substances or commodities. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, all or a portion of the materials that become a part or whole of the manufactured article, the City Council shall pre- scribe equitable rules for de- termining, tax liability. (i) The term "manufacture" embraces all the activities of a commercial nature wherein labor or skill is applied, by hand or ma- chinery, .to materials so that as a result thereof a new, different or useful article of tangible personal property or substance of trade or commerce is produced and shall in- clude the production or fabrication of special made or custom made articles. (j) The word "business" includes all activities engaged in with the object of gain, benefit or advantage, to the taxpayer or to another per- son or class, directly or indirectly. (k) The term "engaging in busi- ness" means commencing, conduct- ing or continuing , in business and also the exercise of corporate or franchise powers as well as liqui- dating a business when the liqui- dators thereof hold themselves out to the public as conducting such business. (1) The term "cash discount" means a deduction from the in- voice price of goods or charge for services which is allowed if the bill is paid on or before a speci- fied date. (m) The term "tuition fee" shall be construed to include library, laboratory, health service and other special fees, and amounts charged for�room and board by an educa- tional institution when the prop- erty or service for which such charges are made is furnished ex- clusively to the students or faculty of such institution: Provided, That the term "educational institution," as used herein, shall be construed to mean only those institutions created or generally accredited as such by the State and offering to students an educational program of a general academic nature, or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry and agriculture, but not including specialty schools, business colleges, trade schools or similar institutions. (n) The word "successor" means any person who shall, through direct or mesne conveyance, pur- chase or succeed to -the business, or portion thereof, or the whole or any part of the stock of goods, wares or merchandise or fixtures or any interest therein of a tax- payer quitting, selling out, exchang- ing or otherwise disposing of his business. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any con- tractor defaulting in the perform- ance of any contract as to which such person is surety or guarantor. (o) The word "taxpayer" in- cludes any individual, group of in- dividuals, corporation or association required to have a Business Li- cense hereunder, or liable for any license fee or tax, or for the col- lection 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. (p) Words in the singular number shall. include the plural, and the plural shall include the singular. Words in one gender shall include all other genders. (q) "Bi -monthly period" shall mean a two-month period beginning the first day of the odd -numbered month and including the last day of the next succeeding month. (r) The word "Clerk" shall mean the City Clerk of the City of Ren- ton. (s) The word ".Treasurer" shall mean the City Treasurer of the City of Renton. (t) The word "City" shall mean the City of Renton. Section 3. BUSINESS LICENSE REQUIRED. Every person en- gaging within the city of Renton during the calendar year 1953 in any business or activity for which a license fee or tax is provided by this Ordinance, whether such per- son is subject to the payment of any tax thereunder or not, shall apply for and obtain from the City Clerk a "BUSINESS LICENSE" for such calendar year or portion thereof; and on and after the last day of January, 1953, if this ordi- nance is then in effect, otherwise on and after the effective date of this ordinance and during the year 1953 no person, whether subject to the payment of a tax or not, shall engage in any business activity within the City of Renton for which a license fee or tax is im- posed by this ordinance without (a) having first obtained and be- ing the holder of a valid and sub- sisting license so to do, to be known as a "Business License", issued for such calendar year under the pro- visions of this Ordinance as herein- after provided, and (b) having paid the license fee and tax imposed by this Ordinance. The fee or tax for the "Business License" shall be the license fee or tax imposed by this Ordinance, and in addition the sum of $12.00 as a license fee which shall accompany the application for the license. Said license shall expire at the end of the calendar year. Each license shall be personal and non- transferable. In case business is transacted at two (2) or more sep- arate places by one taxpayer, a 1 separate license shall be required, foy each place but for such addi- tional licenses no additional $12.00 fee shall be required. All licenses shall be issued by the City Clerk on forms prescribed and furnished by him and the Clerk shall keep a register thereof. Each license shall be numbered, shall show the name, place and char- acter of business of the taxpayer, such other information as the City Clerk shall deem necessary, and shall at all times be posted in the place of business for which it is issued. When the place of business of a taxpayer is changed, the tax- payer 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 per- son shall engage in any business for which a business license is re- quired under this Section, without being registered and licensed in compliance with the provisions of this Section; nor shall any person holding such a "Business License" suffer or allow any other person, for whom separate license is re- quired, to operate under or display his license. Section 4. ENUMERATION OF PERSONS SUBJECT TO TAX; MEASURE AND RATES OF TAX. On and after the first day of Janu- ary 1953, if this Ordinance is then in effect, otherwise on and after the effective date of this Ordinance, and during the calendar year 1953, there is hereby levied upon and shall be collected from and paid as hereinafter specified by every person on account of and for the privilege of engaging in business activities, a license fee or occupa- tion tax, sometimes herein referred to as the "tax", in amounts to be determined by application of rates given against value of products, gross proceeds of sales, or gross in- come of business, as the case may be, for the two calendar months next preceding the beginning of each bi-monthly period, as follows: (a) Upon every person engag- ing within this City in business as a manufacturer or as an ex- tractor; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products manufactured or extracted for sale, multiplied by the rate of six 'hundredths of one per cent (.0006) ; The measure of the tax is the value of the products so manu- factured or extracted, regardless of the place of sale or the fact that deliveries may .be made to points outside the City. (b) Upon every person engaging within this City in the business of making sales at wholesale or retail; as to such persons the amount of the 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 six hundredths of one per cent (.0006); (c) Upon every person engag- ing within this City in the busi- ness of (1) printing or publication of newspapers, periodicals or magazines; (2) building, repairing or improving any publicly owned street, place, road, highway, bridge or trestle which is used, or to be used, primarily for foot or vehicular traffic; as to such per- sons the amount of tax with re- spect to such business shall be equal to the gross income of the business multiplied by the rate of six -hundredths of one per cent. (.0006); . (d) Upon every person engag- ing within this City in any of the following professions and businesses (which for the pur- poses of this Ordinance are clas- sified 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, bookkeeper, or tax services; real estate broker or agency thereof; insurance broker, agent, or representative; other brokerage; funeral director; rest home, nursing home or place of refuge; specialized private training schools in music, avia- tion or other skills 2. The business of selling or furnishing water for compensa- tion: 3. The business of urban trans- portation; 4. Telegraph business; 5. The business of selling, fur- nishing or distributing electricity, (exclusive of electricity sold for the purpose of resale, and the revenue therefrom): 6. The business of selling, fur- nishing, distributing, or produc- ing gaseous gas for commercial 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 income de- rived from such profession or business multiplied by the rate of one-fifth of one per cent. (.002). In respect to utility businesses herein mentioned the term "gross income" as heretofore defined shall include the gross operating revenue of the business; (e) Upon every person engag- ing within this City in any busi- ness activity other than or in addition to those enumerated in sub -sections (a), (b), (c) and (d) above; as to such persons the amount of the tax with re- spect to any such business ac- tivity shall be equal to the gross income of the business multiplied by the rate of six-hundrwlths of one percent (.0006). This sub -section (e) includes, among others, and without limit- ing the scope thereof, (whether or not title to material used in the performance of such business pass- es to another by accession, con- fusion or other than by outright sale), persons engaged in the busi- ness of rendering any type of serv- ice other than or in addition to those enumerated in sub -section (d) above. Section 5. TAXABLE AS TO EACH ACTIVITY: Every' person engaging in activities which are within the purview of the provi- sions of two or more paragraphs designated (a), (b), (c), (d), and (e) of Section 4 of this ordinance, shall be taxable under each ap- plicable paragraph; Provided, that persons taxable under Paragraph (b) of said section on products sold for delivery within the State of Washington shall not be taxable under Paragraph (a) thereof with respect to extracting or manufac- turing of such products so sold; and that persons taxable under Para- graph (a) thereof as manufacturer shall not be taxable under said Paragraph (a) with respect to ex- tracting the ingredients of the pro- duct so manufactured. Section 6. DETERMINATION OF VALUES: The value of products extracted or manufactured shall be determined by the gross proceeds derived from the sale thereof, whether such sale is at wholesale or at retail, except: (a) Where such products are shipped, transported or transferred out of the City, or to another per- son, without prior sale or are sold under circumstances 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 this City of similar products of like quality and character, and in simi- lar quantities by other taxpayers. The City Council shall prescribe uniform and equitable rules for the purpose of ascertaining such values. Section 7. APPORTIONMENT OF BUSINESS. (a) As to any person engaged in a business activity both within and without the City, or partially with- in and partially without the City, but maintaining an office or place of business within this City and not elsewhere, the tax shall be measured upon the entire business activity without regard to the place where the products are de- livered or the sales are made or the services are rendered. (b) Persons maintaining offices, plants warehouses, or other busi- ness establishments in the State of Washington, part of which, are within the City and part of which are outside the City, shall be tax- able on the value of products or gross proceeds of sales or gross income of the business attributable to business within the City ascer- tained either: (1) by a segregation of business within and business outside the City shown and supported by sep- arate accounting records; or (2) by an apportionment to the City of that part of the value of products, gross proceeds of sales, or gross income of the business, in the State of Washington, which bears the same proportion to the whole thereof that the total num- ber of its employees employed within the City bears to the total number of its employees within the State; or (3) when the use of such appor- tionment factor is impracticable or grossly inequitable, by a fair and equitable apportionment of value of products, gross proceeds of sales, 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 consignee, bailee, factor or auctioneer having either actual or constructive pos- session of tangible personal prop- erty, or having possession of the documents of title thereto, with power to sell such tangible per- sonal property in his or its own name and actually so selling, shall be deemed the seller of such tangible personal property within the meaning of this ordinance; and further, the consignor, bailor, prin- cipal or owner shall be deemed a seller of such property to the con- signee, bailee, factor or auctioneer. The burden shall be upon the taxpayer in every case to establish the fact that such taxpayer is not engaged in the business of selling tangible .personal property but is acting merely as broker or agent in promoting sales for a principal; such claim will be allowed only when the taxpayer's account rec- ords 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 specifi- cally imposed under the provisions of: Ordinances Nos.. 900 (theatres); 1174 (admissions); 1212 (games of skill); 1319 (music devices); 1236 (taxicabs); all as amended. (b) Any person in respect to in- surance business upon which a tax based on gross premiums is paid to the State of Washington; Pro- vided, however, That the provi- sions of this sub -section shall not exempt any person engaging in the business of representing any in- surance company, whether as gen- eral or local agent or acting as broker for such companies; And provided, further, That the provi- sions of this sub -section shall not exempt .any bonding company from tax with respect to gross income derived from 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, ber- ries ,butter, eggs, fish, milk, poul- try, meats or any farm products or edibles raised, caught, produced or manufactured within the State of Washington and sold by the farmer or gardener raising, catch- ing, producing or manufacturing the same. (d) Any person in respect to the business of conducting boxing con- tests and sparring and/or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Athletic Commission. (e) Any person in respect to the business of conducting .race meets for the conduct of which a license must be secured from the State Horse Racing Commission. (f) Any person in respect to his employment in the capacity of an employee or servant as distin- guished from that of an independent contractor. (g) Fraternal benefit societies, as defined in Rem. Rev. Stat., Section 7259; fraternal fire insurance asso- ciations, as described in sub -division third of Rem. Rev. Stat., Section 7131, and beneficiary corporations or societies organized under and existing by virtue of Rem. Rev. Stat., Sections 3872 and 3883, inclu- sive, if such corporations or societies provide in their by-laws for the payment of death benefits as set forth in Rem. Rev. Stat., Section 3879. (h) The gross income received by the United States or any instru- mentality thereof, by the State of Washington, or any municipal sub- division thereof, or by any religious society, association or corporation, through the operation of any hos- pital, clinic, resort or other insti- tution devoted exclusively to the care or healing of human beings: Provided, That no exemption is granted where the income there- from inures to the benefit of any physician, surgeon, stockholder or individual by virtue of ownership or control of such hospital, clinic, resort or other institution. (i) Amounts derived from the lease, rental or sale of real estate; Provided, however, That nothing herein shall be construed as an ex- emption of the business activity of operating a hotel or a multiple. apartment house renting more than four apartments andlor stores and shops, if taxable under the State business and occupation tax law (Chap. 180, Laws of 1935 as amend- ed), nor be construed to allow a deduction of amounts derived from engaging in any business dep wherein a me>* license to use or that he is exempt under this See - enjoy real property is granted, or tion 11. to allow a deduction of amounts received as commissions from the Section 12. BI -MONTHLY RE - sale or rental of real estate: TURNS and PAYMENTS. 'The h - (j) National banks, state banks, cense fee or tax imposed by this trust companies, mutual savings ordinance, except the $12.00 fee banks, building and loan and sav- required to accompany the an- ings and loan associations with re- nual application for the Business spect to their banking business, License, shall be due and payable trust business or savings and loan in bi-monthly installments, and re - business but not with respect to mittance therefor shall be made to engaging in any other business City Treasurer on or before the taxable hereunder, even though 25th day of the month next suc- such other business be conducted ceeding the end of the bi-monthly primarily for the purpose of liquid- period in which the tax accrued. ating the assets thereof. The -license-taxpayer, on or before (k) The business of manufactur- said 25th day of said month, shall ing, selling, or. distributing motor also transmit to the City Treasurer vehicle fuel, as that term is de- a Return, upon a form to be pre - fined in Chapter 58, that, of 1933,- scribed and provided by the City as amended. Clerk; which Return shall contain (1) Liquor as defined by State a statement by the taxpayer'of the law (Sec. 7306-3, Rem. Rev. Stat.). amount of the tax for which he is liable for the preceding bi-monthly .Section 10:. DEDUCTIONS AL- LOWED IN COMPUTING LICENSE FEES: in computing the license fee or tax there may be deducted from the measure of tax _ the fol- lowing items: (a) Amounts, derived by persons, other than those engaging in bank- ing, loan, security or other finan- cial businesses, from investments or the use of money. as such. (b) Amounts derived from bona fide initiation fees, dues, contribu- tions, donations, tuition fees as heremabove defined, and endow- ment funds. The provisions of this paragraph shall not be con- strued to exempt any persons, as- sociation or society from tax ha= bility upon selling tangible personal property or upon providing facili- ties or services for which a special charge is made to members or others: Provided, That dues which are for, or graduated upon, the amount of service rendered by the recipient thereof are not permitted as a deduction hereunder. (c) The amount of cash discount actually taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extractive and/or manu- facturing classifications with re- spect to articles produced or manu- factured, the values of which, for the purpose of this tax, have been computed according to the provi- sions of Section 6 hereof. (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 busi- ness which the City is prohibited from taxing under the constitution or laws of the State or the consti- tution or laws of the United States, and any amounts collected by the taxpayer as an excise tax. Section 11. LOW VOLUME EX- EMPTION. Whenever a person engages in one or more business activities wherein the value of products, gross proceeds of sale or gross income of the taxable busi- ness is less than $1700.00 for a bi- monthly period such person shall be exempt from payment of the tax under Section 4, but shall nevertheless make and file the bi- monthly sworn information Return required under Section 12, stating period under and computed accord- ing to the provisions of this ordi- nance. Upon such Return the tax- payer shall swear (or affirm) 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. The Return, .when thus sworn (or af- firmed) to, need not disclose the value of products, gross proceeds of sales, or . gross income of the business, constituting the measure of the tax liability therein re- ported. Provided however, .that the City Council in its discretion may at any time by Resolution require an annual or other additional Return, sworn (or .affirmed) to as above, from any taxpayer, setting forth the value, of products, gross pro- ceeds of sales, or gross income of the business constituting measure of the tax hereunder, and such ad- ditional information as it may deem necessary. to correctly determine license fee or tax liability under this ordinance. Whenever the total tax for which any person is liable under this or- dinance does not exceed the sum of $2.00 for any bi-monthly period, an annual Return may be made upon written request, to and writ- ten approval by the City Clerk. First payments and returns under this Ordinance shall be made on or before March 25, 1953. Section 13. PAYMENT OF LI- CENSE TAX. The license fee or tax payable hereunder shall at the time the return is required 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; nor shall the accept- ance of any sum by the Treasurer be an acquittance or discharge of the tax or fee due unless the amount of the payment is in the full and actual amount due. The return shall first be presented to the City Treasurer, who shall en- dorse thereon the date and amount of the payment received and shall thereupon forthwith file the return with the Clerk. The Clerk is authorized, but not required, to mail to taxpayers forms for applicati6ns for- license and forms for returns, but failure of the taxpayer to receive any such forms shall not excuse the taxpayer from making application for and securing the license required, making re- turns, and payment of the license fee or tax, when and as due here- under. Section 14. PRESERVING RE- CORDS. It shall be the duty of every person liable for the pay- ment of any fee or tax imposed by this ordinance to keep and pre- serve for the period of five years such books and records as will ac- curately reflect the amount of his gross income, gross proceeds of sale or value of products, as the case may be, and from which can be determined the amount of -any fee or tax for which he may be liable underthe provisions of this ordi- nance; and all books, records, in- voices ,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 . PAYMENT PUBLIC WORK CONTRACT—LI- CENSE FEES TO BE PAID FIRST: The Clerk shall, before issuing any warrant making final payment to any person performing any public work .contract for the City, require such person to pay in full all license fees or taxes due under this ordi- nance from such person on account of such contract, or otherwise. Section 16. EXTENSION OF TIME FOR FILING RETURNS—PENAL- TIES. 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 addition- al time within which to file such returns as he may deem proper: Provided, That any extension in excess of thirty (30) days shall be conditioned upon payment of in- terest of one-half (i/2) of one per cent Q%) 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 fol- lows: 11 to 40 days delinquency 10% with a minimum penalty of $1.00; 41 to 70 days delinquency, 15% with a minimum penalty of $2.00; and 71 or more days delinquency, 20% with a minimum penalty of $3.00. Section 17. SALE OR TRANS- FER OF BUSINESS: Upon the sale or transfer during any bi- monthly period of a business on account of which a license fee or tax is hereby required, the pur- chaser or transferee shall, if the fee or tax has not been paid in full for said bi-monthly period, be .re- sponsible for the payment of the fee or tax for that portion of the bi-monthly period during which he carries on such business. Section 18. APPLICATIONS AND RETURNS CONFIDENTIAL: The s returns made to the. Tititasurer.,and Clerk pursuant to this ordinance shall not be made public, not 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 inform any other person as to the contents or any information contained in or to per- mit inspection of any return ex- cept as in this section authorized, and except in any proceedings for determination and/or collection of the tax. Section 19. OVER OR UNDER- PAYMENT OF TAX. Whenever a taxpayer makes an overpayment, and within two (2) years after date of such overpayment makes appli- cation for a refund or credit of the overpayment, his claim shall be allowed and if the request is for an overpayment the overpayment shall be repaid from the. General Fund, when approved by.. the City Clerk. If refund or credit is not applied for within two (2) years from date of overpayment no re- fund shall be allowed. If the Clerk finds that the fee or tax or pen- alty paid is less than the amount due the Clerk shall mail the tax- payer a statement showing the bal- ance due and may add thereto a requirement that interest shall be paid on such balance at the rate of 6% per annum from date of underpayment until paid and the taxpayer shall within three (3) days from the date of mailing statement pay the amount shown thereon as the 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 accrued except: (1) Against a taxpayer who is not registered as required by this ordinance; (2) as against a tax- payer who has been guilty of fraud or misrepresentation of a material fact or (3) where a taxpayer has executed a written 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 investigation the Clerk finds that the amount of tax liability reported or paid by any taxpayer appears to be less than the correct amount of his tax lia- bility under this ordinance, the Clerk is authorized to determine the amount of the tax payable, and by mail to notify such taxpayer of the amount so determined. The amount so fixed shall thereupon become the tax and be immedi- ately due and payable. (b) Collection As Debt. Any li- cense fee or tax due and unpaid and delinquent under this ordi- nance, and all penalties thereon, may be collected by civil action, which remedy shall be in addition to any and all other existing rem- edies and penalties. (c) False Returns. It shall be unlawful for any person subject to ine tax itereunder to fail or re- fuse to secure the license, to make the returns as and when required, or to pay the fee or tax when due, or for any person to make any false or fraudulent application or return or any false statement or representation in or in connection with any such application or re- turn, or to aid or abet another in any attempt to evade payment of the fee or tax, or any part there- of, or for any person to fail to ap- pear andlor testify in response to subpoena issued pursuant hereto, or to testify falsely upon any in- vestigation of the correctness of a return, or upon the hearing of any appeal or in any manner to hinder or delay the City or any of its officers in carrying out the pro- visions of this ordinance. (d) Revocation of License. The Clerk may revoke the license is- sued to any taxpayer who is in default in any payment of any li- cense fee or tax hereunder, or who shall fail to comply with any of the provisions of this ordinance. Notice of such revocation shall be mailed to the taxpayer by the Clerk, and on and after the date thereof any such taxpayer who continues to engage in business shall be deemed to be operating without a license and shall be sub- ject to any or all penalties herein provided. (e) Penalties. Any person vio- lating or failing to comply with any of the provisions of this ordi- nance or any lawful rule or reg- ulation adopted by the Council pursuant thereto, upon conviction thereof, shall be punished by a fine in any sum not to exceed One Hundred Dollars ($100.00), or by imprisonment in the City Jail for a term not exceeding thirty (30) days, or by both such fine and im- prisonment. (f) Any . taxpayer who engages in, or carries on, any business sub- ject to a tax hereunder without having his "Business License" so to do shall be guilty of a violation of this ordinance for each day dur- ing which the business is so en- gaged in, or ..carried . on; and any taxpayer who fails or refuses to pay the license fee or tax, or any part thereof, on or before the due date, shall be deemed to be operat- ing without having his license so to do. Section 21. APPEALS TO CITY COUNCIL: Any taxpayer aggrieved by the amount of the fee or tax found by the Clerk to be required under the provisions of this ordi- nance, may appeal to the City Council from such finding by fil- ing a written notice of appeal with the City Clerk within five days from the time such taxpayer was given notice of such amount. The Clerk shall, as soon as practicable, fix a time and place for the hear- ing of such appeal, which time shall be not more than 30 days after the filing of the notice of appeal, and he shall cause a notice of the time and place thereof to be mailed to the appellant. At such hearing the taxpayer shall be entitled to be heard and to introduce evidence in his own behalf. The City Council shall thereupon ascertain the cor- rect amount of the fee or tax by resolution and the City Clerk shall immediately notify the appellant thereof by mail, which amount, to- gether with costs of the appeal, if appellant is unsuccessful therein, must be paid within three days after such notice is given. The Mayor, the President of the City Council, or the Chairman of any committee thereof before which the. appeal is to be heard, may, by subpoena, . require the attendance thereat of any person, and may also require him to produce any per- tinent books and records. Any per- son served with such subpoena shall appear at the time and place there- in stated and "produce the books and records required, if any, and shall testify truthfully under oath administered by the Chairman in charge of the hearing on appeal as to any matter required of him per- tinent to the appeal, and it shall additional to any liQense fee or tax be unlawful for him to fail or . r_ e- imposed or levied under any law fuse so to do. or any other ordinance of The City except as herein otherwise express - Section 22. INTERPRETATION: RULES and REGULATIONS. In the administration of this ordi- nance and the interpretation of the provisions thereof, the City Clerk shall be guided by the rules and regulations as adopted, published and interpreted by the Excise Tax Division of the Tax Commission of the State of Washington under and in respect to the State Business and. Occupation Tax Law (Chap- ter 180, Laws of 1935, as amend- ed), insofar as the same are ap- plicable to and. not inconsistent with the provisions and require- merits of this ordinance . or with such rules and regulations as the City Council may at any time adopt hereunder. The City Council may from time to time adopt, publish and enforce rules and regulations not incon- sistent with .this ordinance or with law for the purpose of carrying out the provisions hereof or inter- preting same, and it shall be un- lawful to violate or fail to comply with any such rule or regulation adopted by the City Council. Section 23. MAILING OF NO- TICES: Any notice required by this ordinance to be mailed to any tax- payer shall be sent by ordinary mail, addressed to the address of the taxpayer as shown by the records of the Clerk, or if no such :.ddress is shown, to such address as the Clerk is able to ascertain by reasonable effort. Failure of the taxpayer to receive such mailed notice shall not release the tax- payer from any tax or any penal- ties thereon, nor shall such failure operate to extend any time limit set by the provisions of this ordi- nance. Section 24. LICENSE FEE ADDI- TIONAL TO OTHERS: The license fee and tax herein levied shall be ly provided. Section 25. APPLICATION TO CITY'S BUSINESS ACTIVITIES. Whenever The City through any department or division shall en- gage in any business activity which if engaged in by any .person would under this ordinance require a Business License and the pay- ment of a license fee or tax by such person, the City department. or division engaging in such busi- ness activity shall as to such busi- ness activity at the same time and in the same manner "as persons are required hereunder to make re- turns and from the funds of such department or division pay the li- cense fees or taxes imposed here- under. Section 26. EFFECT OF PAR- TIAL INVALIDITY. If any pro- vision, section, paragraph, clause or part of this ordinance shall be held void or unconstitutional, the remainder of this ordinance shall not be affected thereby, but all other provisions, sections, para- graphs, clauses and parts of this ordinance not expressly so held to be void or unconstitutional shall continue and remain in full force and effect. Section 27. This ordinance shall take effect and be -in force from and after its passage and approval, if approved by the Mayor; other- wise it shall take effect at the time it shall become a law under the provisions of law. . PASSED by the City Council this 23rd day of December, 1952. WILEY ' CROOK, City Clerk. APPROVED by the Mayor this 23rd day of December, 1952. JOE R. BAXTER, Mayor. Approved as to form: ARTHUR L. HAUGAN, City Attorney. Published Dec. 25, 1952. 77 Published in the Renton News Record, December 25. 1952