003-10 - Ordinance - Repealing Res 1780, Adding New Chapter, 2.22 Lodging Tax Advisory CommitteeRequested by:
City Clerk
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
March 23, 2010
Adopted:
March 23, 2010
ORDINANCE NO. 003-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING RESOLUTION NO. 178o; ESTABLISHING A LODGING
TAX ADVISORY COMMITTEE PURSUANT TO RCW 67.28.1817 AND
ADDING A NEW CHAPTER 2.22 "LODGING TAX ADVISORY
COMMITTEE" TO THE PORT ORCHARD MUNICIPAL CODE
WHEREAS, RCW 67.28.1817 requires cities with a population of 5,000 or more to
establish a Lodging Tax Advisory Committee (LTAC) to advise in allocating the Lodging Tax
revenue; and
WHEREAS, the City of Port Orchard has utilized a LTAC for many years; and
WHEREAS, the City Council has determined it appropriate to formalize the duties
and responsibilities of the LTAC; now therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. Resolution No. 178o is repealed in its entirety.
SECTION 2. The Port Orchard Municipal Code shall be and is hereby
amended by the creation and enactment of a new Chapter 2.22 entitled, "Lodging Tax
Advisory Committee," to read as follows:
CHAPTER 2.22
Lodging Tau Advisory Committee
Sections:
2.22.010
Lodging Tax Advisory Committee Created.
2.22.020
Membership of Lodging Tax Advisory committee.
2.22.030
Annual Review and Removal of Members.
2.22.040
Proposals to be Reviewed.
2.22.050
Duties of Lodging Tax Advisory Committee.
2.22.o6o
Quorum.
2.22.070
Compensation.
Ordinance No. 003-10
Page 2 of 4
SECTIONS. A new section 2.22.olo Lodging tax advisory committee created
is added as follows:
2.22.010 Lodging tax advisory committee created.
A lodging tax advisory committee is hereby established and created by the city
council. The purpose of the lodging tax advisory committee (LTAC) is to perform the
functions and duties as required under RCW 67.28.1817.
SECTION 4. A new section 2.22.020 Membership of lodging tax advisory
committee is added as follows:
2.22.020 Membership of lodging tax advisory committee.
a. The lodging tax advisory committee shall consist of seven members appointed
by the city council as follows:
1. At least two members who are representatives of businesses required
to collect tax under Chapter 67.28 RCW;
2. At least two members who are persons involved in activities authorized
to be funded under Chapter 67.28 RCW;
3. At least one member of the city council who shall serve as chair of the
LTAC.
b. Persons who are eligible for appointment under subsection (a)(1) of this
section are not eligible for appointment under subsection (a)(2) of this section
and vice versa.
c. The number of persons appointed as representatives of businesses required to
collect tax under Chapter 67.28 RCW of this section shall be equal to the number
of members appointed as person involved in activities authorized to be funded by
revenue received under Chapter 67.28 RCW and vice versa.
d. The city council may consider recommendations for appointment to the LTAC
from organizations representing businesses required to collect tax under Chapter
67.28 RCW, organizations involved in activities authorized to be funded by
revenue received under Chapter 67.28 RCW, and local agencies involved in
tourism promotion.
SECTION 5. A new section 2.22.030lodging tax advisory committee created
is added as follows:
2.22.03o Annual Review and Removal of Members.
As required by state law, the city council shall review the membership of the LTAC
annually and make changes as appropriate both in regard to the number of appointments
and the members appointed. This review shall occur by the last day of the month of August
each year. The mayor shall recommend and the city council will confirm the mayor's
recommendation of persons to serve on the LTAC. Members of the LTAC shall serve at the
Ordinance No. 003-10
Page 3 of 4
pleasure of the city council and may be removed at any time, without cause, at their
discretion.
SECTION 6. A new section 2.22.040 Proposals to be reviewed is added as
follows:
2.22.040 Proposals to be reviewed.
At least 45 days before final action or passage, the city shall submit the following
proposals to the LTAC for review and comment:
a. The imposition of a tax under Chapter 67.28 RCW;
b. An increase in the rate of a tax imposed under Chapter 67.28 RCW;
C. A repeal of an exemption from a tax imposed under Chapter 67.28 RCW; or
d. A change in the use of revenue received under Chapter 67.28 RCW.
SECTION 7. A new section 2.22.05o Duties of lodging tax advisory
committee is added as follows:
2.22.o5o Duties of Lodging tax advisory committee.
a. The LTAC shall promptly review all proposals as described in POMC
2.22.040, submitted for review and comment through generally applicable public
comment procedures. These comments shall include the following analysis:
(r) The extent to which the proposal will accommodate activities for tourists or
increase tourism;
(2) The extent to which the proposal will affect the long-term stability of the city's
fund created under RCW 67.27.1815.
Final legislative authority over these proposals shall remain with the elected city
council. Review, comments, or any recommendations presented by the LTAC are
advisory only and shall not bind the city council.
b. Failure of the LTAC to submit comments before final action on or passage of
the proposal by city council shall not prevent the city from acting on the proposal.
C. The city may, but is not required to, submit an amended proposal to the LTAC
for review.
d. The city clerk shall provide staff support for this committee, which will
include minutes, forwarding private requests for funding to the committee, and
preparing the committee report to the council.
e. The city clerk shall prepare the required reports to the state of Washington
department of community, trade, and economic development.
SECTION 8. A new section 2.22.o6o Quorum is added as follows:
2.22.o6o Quorum.
A quorum of the LTAC shall be a majority of person currently serving as voting
members of the LTAC. A quorum must be present in order for a vote to be taken on a
Ordinance No. 003-10
Page 4 of 4
recommendation to go to the city council. Each voting member is entitled to one vote. All
matters establishing policies, recommendations, or decisions shall be decided by a majority
vote of voting members present.
SECTION 9. A new section 2.22.070 Compensation is added as follows:
2.22.070 Compensation.
The members of the LTAC shall receive no compensation and are not eligible for
reimbursement of expenses incidental to service on the LTAC. The LTAC may request
specific support necessary to carry out its responsibilities by a request made, in advance, to
the city mayor.
SECTION io. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 2d day of M�;ch 2010.
ATT T:
c
Patricia J. Kir patri k, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. aco y, Cit} A orney
Lary
Sponsored By:
Fred Chang, Counc' ember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held March 23, 2010.
ORDINANCE NO. 003-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING RESOLUTION NO. 1780;
ESTABLISHING A LODGING TAX ADVISORY COMMITTEE
PURSUANT TO RCW 67.28.1817 AND ADDING A NEW CHAPTER
2.22 "LODGING TAX ADVISORY COMMITTEE" TO THE PORT
ORCHARD MUNICIPAL CODE
Copies of Ordinance No. 003-10 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 003-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
April 2, 2010