Chapter 2.31
LODGING TAX ADVISORY COMMITTEE
Sections:
2.31.030 Committee membership.
2.31.040 Associated organizations.
2.31.050 Taxing proposal review.
2.31.060 Recommendations to Council.
2.31.070 Application for lodging tax grant assistance.
2.31.010 Committee created.
There is hereby created a City of Ferndale Lodging Tax Advisory Committee, to serve the functions prescribed in RCW 67.28.1817, as currently written or as may subsequently be amended. (Ord. 1629 § 1, 2011)
2.31.020 Definitions.
Definitions set forth herein shall reflect the statutorily adopted definitions provided in Chapter 67.28 RCW, as currently written or as may subsequently be amended. Staff and Committee members should be advised to remain informed on any potential statutory changes to the definitions outlined in state law. (Ord. 1629 § 1, 2011)
2.31.030 Committee membership.
A. The membership of the Lodging Tax Advisory Committee shall consist of five members. One member shall consist of a City Council member. The Mayor shall also serve on the Committee. Either the mayor or City Council member shall serve as chair of the committee, pursuant to Chapter 67.28 RCW. Two members shall be representatives of businesses required to collect tax under this chapter. Two members shall be persons involved in activities authorized to be funded by revenue received under this chapter. Persons eligible for appointment as representatives of businesses required to collect tax under this chapter are not eligible for appointment as persons involved in activities to be funded by revenues collected under this chapter and vice versa. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. City staff shall provide Committee support.
B. Members of the Committee shall be nominated by the Mayor and confirmed by the City Council for appointment. A term of membership on the Committee shall be a calendar year, commencing January 1st and ending at the expiration of December 31st in the same year. The City shall review the membership of the advisory Committee annually and make changes as appropriate. (Ord. 1704 § 1, 2012; Ord. 1629 § 1, 2011)
2.31.035 Meetings.
A. The Lodging Tax Advisory Committee shall meet at 3:00 p.m. the fourth Tuesday of November annually to review applications from interested, qualifying organizations seeking hotel-motel tax grant funding for the purpose of tourism promotion. Any changes in this meeting time shall be made pursuant to Chapter 42.30 RCW.
B. Any recommendation made by LTAC members must be approved by a majority of the members present at a meeting. (Ord. 1704 § 2, 2012)
2.31.040 Associated organizations.
The City Council retains full authority pursuant to RCW 67.28.1817 to fill vacant positions and confirm appointments to the Committee; provided, that the Mayor shall nominate individuals to be considered for appointment of vacancies. Organizations with which members are associated shall have no authority to replace, substitute or otherwise appoint members. (Ord. 1629 § 1, 2011)
2.31.050 Taxing proposal review.
The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment, proposals on: (A) imposition of a tax under Chapter 67.28 RCW; (B) any increase in the rate of such a tax; (C) repeal of an exemption from such a tax; (D) a change in the use of revenue received from such a tax. The City Council shall submit any such proposal at least 45 days before taking final action on such a proposal. The Advisory Committee shall submit comments on the proposal in a timely manner through generally applicable public comment procedures. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. Failure of the advisory committee to submit comments before final action on or passage of the proposal shall not prevent the City Council from acting on the proposal. A municipality is not required to submit an amended proposal to an Advisory Committee under this section. (Ord. 1629 § 1, 2011)
2.31.060 Recommendations to Council.
A. Pursuant to Chapter 67.28 RCW, the committee shall meet on an as-needed basis to consider grant applications for lodging tax revenues and make recommendations to the City Council.
B. The Committee’s recommendations shall include consideration of legally allowable uses of the funds under Chapter 67.28 RCW as currently prescribed, or subsequently amended.
C. All recommendations by the committee shall be forwarded to the council along with an assessment by City staff of whether the recommendation is an appropriate use of lodging tax revenues pursuant to Chapter 67.28 RCW. (Ord. 1629 § 1, 2011)
2.31.070 Application for lodging tax grant assistance.
A. Qualifying organizations authorized to receive lodging tax revenues under Chapter 67.28 RCW shall submit grant applications for allowable uses no later than October 31st of each year. Funding will be determined based on the recommendation by the committee and approval by the City Council for the subsequent year’s budget.
B. Previous procedures and the application for grant assistance adopted by Resolution 09-07-06 remain in effect and are subsequently adopted via the ordinance codified in this chapter (attached to the ordinance codified in this chapter as Exhibits “A” and “B”). (Ord. 1629 § 1, 2011)