Chapter 3.12
TRANSIENT OCCUPANCY TAX

Sections:

3.12.010    Created.

3.12.020    Definitions.

3.12.030    Imposition of tax.

3.12.040    Tax imposed additional to others.

3.12.050    Administration and collection.

3.12.010 Created.

There is created a special fund in the treasury of the city. All such taxes collected as provided in this chapter shall be placed in such fund for the purpose of paying all or any part of the cost of acquisition, construction or operating of stadium facilities, convention center facilities, performing arts center facilities and/or visual arts center facilities, or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose or purposes under the provisions of Chapter 67.28 RCW and amendments thereto, or to pay for advertising, publicizing or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion, or for such other uses as may from time to time be authorized for such taxes pursuant to Chapter 67.28 RCW and amendments thereto. (Ord. 285 § 1, 1980; Ord. 283 § 4, 1980).

3.12.020 Definitions.

The definitions of “selling price,” “seller,” “buyer,” “consumer,” and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this chapter. (Ord. 283 § 2, 1980).

3.12.030 Imposition of tax.

Pursuant to RCW 67.28.180 and 67.28.181, there is levied a special excise tax of four percent on the sale of or charge made for the furnishing of lodging by a hotel, roominghouse, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property; provided, that it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same. (Ord. 537 § 1, 1998; Ord. 283 § 1, 1980).

3.12.040 Tax imposed additional to others.

The tax levied in this chapter shall be in addition to any license fee or any tax imposed or levied under any law or any other ordinance of the city; provided, however, that pursuant to RCW 67.28.190, such tax shall be deducted from the amount of tax the seller would otherwise be required to collect and to pay to the State Tax Commission under Chapter 82.08 RCW. (Ord. 283 § 3, 1980).

3.12.050 Administration and collection.

For the purpose of the tax levied in this chapter:

A. The Department of Revenue of the state is designated as the agent of the city for the purpose of collection and administration.

B. The administrative provisions contained in RCW 82.08.050 through 82.08.070 and in Chapter 82.32 RCW shall apply with respect to administration and collection by the Department.

C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted.

D. The Department is empowered, on behalf of the city, to prescribe such special forms and reporting procedures as the Department may deem necessary. (Ord. 283 § 5, 1980).