HomeMy WebLinkAbout2010-037 Yakima County Tourist Promotion Area Ordinance Modification ORDINANCE NO 2010 -37
AN ORDINANCE relating to the Tourism Promotion Area for the City of Yakima, amending
Chapter 5 99 entitled "Tourism Promotion Area" of the City of Yakima
Municipal Code, specifically section 5 99 060, entitled "Establishment of
Yakima hotel and motel commission" and specifically amending Section
5 99 060 A and C regarding the provisions on voting members
BE IT ORDAINED BY THE CITY OF YAKIMA.
SECTION 1 Section 5 99 060 A and C of Chapter 5 99 entitled "Tourism Promotion Area" of
the Yakima Municipal Code is amended to read as follows
Chapter 5.99
TOURISM PROMOTION AREA
Sections
5.99.010 Definitions
5.99.020 Establishment of tourism promotion area.
5.99.030 Establishment of tourism promotion area zones
5.99.040 Tourism promotion charge
5.99.050 Use of tourism promotion charge revenues
5.99.060 Establishment of Yakima hotel and motel commission
5.99.070 Modification or disestablishment of the tourism promotion
area.
5.99.080 Administration /collection of tourism promotion charges
5.99.090 Inspection of records
5.99.100 Contract with state for administration
5.99.110 Violation — Penalties
5.99.120 Severability
5.99 010 Definitions
As used in this chapter the following terms, unless the context otherwise
dictates, shall have the following meanings
"Agreement" means the interlocal cooperation agreement between the city of
Yakima, the city of Union Gap, the city of Selah and Yakima County for the
establishment of a Yakima County tourism promotion area by the city of Yakima
as authorized by RCW 35 101 040(2)
"Annual budget" means the Yakima County tourism promotion area budget for
a fiscal year, as adopted or amended by the city council of the city of Yakima,
after the receipt of a recommendation from the Yakima hotel and motel
commission, identifying all estimated revenue from tourism promotion charges
for the fiscal year, and providing for all proposed uses of tourism promotion
charge revenue for the purpose of providing tourism promotion in Yakima County
for the ensuing fiscal year
"Lodging business" means business located within the Yakima County tourism
promotion area that furnishes lodging taxable by the state under RCW Chapter
82.08 and that is classified as a hotel or motel with forty or more lodging units
Reasonable vehicle parks and campgrounds are not included
"Operator" means the operator of a lodging business, whether in the capacity
of owner, general manager, lessee, sub - lessee, mortgagee in possession,
licensee, designee, or any other similar capacity
The "promotion of tourism and convention business" means activities and
expenditures designed to increase tourism and convention business, including
but not limited to, advertising, publicizing, or otherwise distributing information for
the purpose of attracting and welcoming tourists to the city of Yakima, the city of
Selah, the city of Union Gap, and the unincorporated areas of Yakima County
"Tourism promotion charge" means the charge imposed by the city of Yakima
on the furnishing of lodging by a lodging business within the Yakima County
tourism promotion area for the purpose of providing for funding of the promotion
of convention and tourism business, under the authority of RCW 35 101 050, in
Yakima County
"Yakima County tourism promotion area" means the tourism promotion area
with boundaries that include the city of Yakima, the city of Selah, the city of
Union Gap, and the unincorporated areas of Yakima County and which was
established by the ordinance of the city council of the city of Yakima pursuant to
the authority of RCW Chapter 35 101 as authorized by the resolutions of the city
council of the city of Yakima, the city council of the city of Union Gap, the city
council of the city of Selah, and the county commissioners of Yakima County
adopting the terms of the agreement.
"Yakima hotel and motel commission" means the Yakima hotel and motel
commission, established by the city of Yakima, whose members are appointed
by the county commissioners of Yakima County, the city council of the city of
Yakima, the city council of the city of Union Gap, and the city council of the city
of Selah to provide recommendations to the city council of the city of Yakima on
proposed uses and projects of the Yakima County tourism promotion area
"Zone" or "zones" means the distinct geographic subarea or subareas within
the Yakima County tourism promotion area as established by ordinance of the
city council of the city of Yakima (Ord 2004 -17 § 1 (part), 2004)
5.99 020 Establishment of tourism promotion area
There is hereby established a Yakima County tourism promotion area having
boundaries which include the city of Yakima, the city of Selah, the city of Union
Gap, and the unincorporated area of Yakima County Provided, however, no
area within Yakima County which is within the boundaries of any incorporated
city or town shall be included within the boundaries of the tourism promotion area
unless the city or town has entered into an agreement prior to the effective date
of the ordinance codified in this chapter Distinct geographic zones are
established and defined in Section 5.99.030 of this chapter (Ord 2004 -17 § 1
(part), 2004)
5.99 030 Establishment of tourism promotion area zones.
There are hereby established three distinct geographic zones within the
Yakima County tourism promotion area
Zone A Zone A encompasses all geographic locations
within the area of the city of Yakima defined as
follows Downtown core bordered from the
centerline of East "D" street to the North, the
centerline of Third Street to the West, the
centerline of East Spruce Street to the South
and the centerline of Interstate 82 to the East.
Zone B Zone B encompasses all geographic locations
within the area of the incorporated limits of the
city of Yakima, the city of Selah and the city of
Union Gap, except the geographic locations
that comprise Zone A.
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Zone C Zone C encompasses all geographic locations
outside Zones A and B, but within the
unincorporated area of Yakima County
(Ord 2004 -17 § 1 (part), 2004)
5.99 040 Tourism promotion charge.
Effective July 1, 2004, in the zones that are established and described in
Section 5.99.030 of this chapter, there shall be imposed a tourism promotion
charge on the furnishing of lodging by a lodging business located in the Yakima
County tourism promotion area as follows
Zone A. $1 50 per room /day
Zone B $0 75 per room /day
Zone C $0 50 per room /day
The tourism promotion charges imposed under this chapter are not a tax on
the "sale of lodging" for the purposes of calculating the lodging tax limit specified
in RCW 82 14 410 (Ord 2004 -17 § 1 (part), 2004)
5.99 050 Use of tourism promotion charge revenues.
The revenues from the tourism promotion charges imposed by the city of
Yakima within the Yakima County tourism promotion area shall be used for the
following purposes only
A. The funding of all activities and expenditures designed to increase
tourism promotion and convention business within the Yakima County tourism
promotion area as specified in the Yakima County tourism promotion area
budget;
B The marketing of convention and business that benefit local tourism and
result in increased convention business within the Yakima County tourism
promotion area,
C The marketing of Yakima County to the travel industry in order to benefit
local tourism and result in overnight stays within the Yakima County tourism
promotion area, and
D The marketing of Yakima County to recruit major sporting events in order
to promote local tourism resulting in overnight stays within the Yakima County
tourism promotion area (Ord 2004 -17 § 1 (part), 2004)
5.99 060 Establishment of Yakima hotel and motel commission
A. The city council of the city of Yakima, pursuant to the authority of RCW
35 101 1301(1), hereby establishes an eleven member Yakima hotel and motel
commission to advise the city council of the city of Yakima on the expenditure of
tourism promotion charge revenues by the Yakima County tourism promotion
area to fund tourism promotion in Yakima County, which shall be composed of
seven voting members and four nonvoting members who shall be appointed in
the manner set forth in this section
B Voting members of the Yakima hotel and motel commission shall be
selected by the city council of the city of Yakima, the city council of the city of
Selah, and the city council of the city of Union Gap, in the manner set forth in
subsections C and D of this section, from a list of nominees prepared by the
Yakima Valley lodging association All nominees for voting membership on the
Yakima hotel and motel commission must be operators of lodging businesses
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within the Yakima County tourism promotion area or employed by the operator of
such a lodging business
C The city council of the city of Selah shall appoint one voting member to
represent the city of Selah, the city council of the city of Union Gap shall appoint
two voting members to represent the city of Union Gap, and the city council of
the city of Yakima shall appoint four voting members to represent the city of
Yakima, with two of the four voting members appointed by the city of Yakima
representing qualified lodging businesses that are located in the portion of the
Zone B geographical zone within the city limits of the city of Yakima
D One nonvoting member of the commission shall be appointed from the
members of the county commissioners of Yakima County; one nonvoting
member shall be appointed from the members of the city council of the city of
Yakima, one nonvoting member shall be appointed from the members of the city
council of the city of Union Gap, and one nonvoting member may be appointed
from the members of the city council of the city of Selah Nonvoting members of
the Yakima hotel and motel commission may participate in all discussions
regarding proposed activities and programs by the Yakima County tourism
promotion area for the promotion and marketing of tourism in Yakima County but
shall not have voting rights
E The initial voting members of the Yakima hotel and motel commission
shall serve staggered terms, with one member serving a one -year time, two
members serving two -year terms, and two members serving three -year terms
The length of the term for each individual member of the initial Yakima hotel and
motel commission shall be chosen by lot at the first meeting of the commission
Thereafter, all voting members subsequently appointed to the Yakima hotel and
motel commission shall serve for three -year terms
F All of the revenues from tourism promotion charges collected by the city
council of the city of Yakima from lodging businesses within the jurisdiction of the
unincorporated area of Yakima County, the city of Yakima, the city of Union Gap,
and the city of Selah shall be allocated by the city council of the city of Yakima in
accordance with the annual budget for the Yakima County tourism promotion
area The Yakima hotel and motel commission shall make a recommendation to
the city council of the city of Yakima on all annual budgets, however, the city
council of the city of Yakima shall have the ultimate authority to set and approve
all annual budgets (Ord 2004 -17 § 1 (part), 2004)
5.99 070 Modification or disestablishment of the tourism promotion area.
A. The city council of the city of Yakima, by appropriate action, may modify
the provisions of the ordinance codified in this chapter or provide for the
disestablishment of the Yakima County tourism promotion area, after adopting a
resolution of intention to such effect. Such resolution of intention shall describe
the change or changes proposed, or indicate that it is the intention to
disestablish the Yakima County tourism promotion area, and shall state the time
and place of a public hearing to be held by the city council of the city of Yakima
to consider the proposed action
B If the operators of lodging businesses which paid over forty percent of the
tourism promotion charges imposed within the Yakima County tourism promotion
area during the preceding calendar year file a petition with the city council of the
city of Yakima or the Yakima hotel and motel commission requesting that the city
council of the city of Yakima adopt a resolution of intention to modify or
disestablish the Yakima County tourism promotion area, the city council of the
city of Yakima shall adopt such resolution and act upon it as required by law
4
Signatures on such petition shall be those of a duly authorized representative of
the operators of lodging businesses in the Yakima County tourism promotion
area In the event of failure on the part of the city council of the city of Yakima to
honor this request, the participating local governments reserve the right to
withdraw from this agreement upon three months notice to the other participating
local governments Provided, however, the effective date of any modification or
withdrawal shall be coordinated with the Washington State Department of
Revenue in conjunction with its responsibility to administer the tourism promotion
charges imposed pursuant to this chapter
C In the event a resolution under subsection A or B of this section proposes
disestablishment of the Yakima County tourism promotion area, the city council
of the city of Yakima by ordinance shall disestablish the Yakima County tourism
promotion area, unless at such hearing, protest against disestablishment is
made by the operators of lodging businesses paying over fifty percent of the
tourism promotion charges in the Yakima County Tourism promotion area (Ord
2004 -17 § 1 (part), 2004)
5.99 080 Administration /collection of tourism promotion charges.
The tourism promotion charges imposed under this chapter shall be
administered by the Washington State Department of Revenue and shall be
collected by lodging businesses from persons taxable by the state under RCW
Chapter 82 08 The provisions of RCW Chapter 82 32 apply to the tourism
promotion charges imposed under this chapter
The tourism promotion charges collected by the Washington State
Department of Revenue shall be deposited by the department in the local
tourism promotion account created and maintained by the state treasurer All
receipts from the tourism promotion charges imposed hereunder must be
deposited into this account. Expenditures from the account may only be used for
tourism promotion resulting in overnight stays in the tourism promotion area
lodging businesses The state treasurer shall distribute the money in the account
on a monthly basis to the city of Yakima. (Ord 2004 -17 § 1 (part), 2004)
5.99 090 Inspection of records.
All lodging businesses subject to the collection of the tourism promotion
charges, as set forth in this chapter, and the city council of the city of Yakima
consent to the inspection of such records as are deemed necessary by the
Washington State Department of Revenue pursuant to applicable statues, rules
or regulations (Ord 2004 -17 § 1 (part), 2004)
5.99 100 Contract with state for administration
The mayor of the city of Yakima, or a majority of the city council of the city of
Yakima, is authorized to enter into contract(s), at other than an open meeting,
with the Washington State Department of Revenue for the administration of the
charge imposed pursuant to this chapter (Ord 2004 -17 § 1 (part), 2004)
5.99 110 Violation — Penalties.
Any person, firm or corporation who fails or refuses to collect the charge as
required under the terms of this chapter with the intent to violate the provisions of
the ordinance codified in this chapter or to gain some advantage or benefit,
either directly or indirectly, and any guest who refuses to pay any charge due
under this chapter, shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punished by imprisonment in the county jail for a maximum term
5
fixed by the court of not more than ninety days, or by a fine in the amount fixed
by the court of not more than one thousand dollars or by both such imprisonment
and fine Provided, however, the penalty provided for under the terms of this
section shall be in addition to any other provisions provided for by law (Ord
2004 -17 § 1 (part), 2004)
5.99 120 Severability
If any part or provision of the ordinance codified in this chapter, or its
application to any person or circumstance is held invalid, it is the intent of the city
council of the city of Yakima that the remainder of this chapter, or its application
of the provisions to other persons or circumstances is not affected (Ord 2004-
17 § 1 (part), 2004)
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
SECTION 3 This ordinance shall not be in full force and effect until 30 days after its passage,
approval, and publication as provided by law and by the City Charter AND approval is received
from the Washington State Department of Revenue as required by YMC 5 99 070(B)
PASSED BY THE CITY COUNCIL, signed and approved this 21 day of September,
2010
4h . j Micah Ca Mayor
ATTEST
i
City Clerk
Ordinance No 2010 -37
Publication Date September 24, 2010
Effective Date October 24, 2010 (and authorization of Washington State Department of Revenue)
6
,.STATE a�
07 r.'
'L 1
STATE OF WASHINGTON
DEPARTMENT OF REVENUE
October 7, 2010
John Cooper
Yakima Valley Visitors and Convention Bureau
10 North 8 Street -
Yakima, WA 98901
RE Ordinance No. 2010 -37
Dear Mr Cooper,
Please consider this confirmation that the Department of Revenue has received Ordinance 2010 -37
relating to the Yakima Valley Hotel /Motel Commission.
If there are questions regarding this, please feel free to call.
Sincerely,
Andy Van Gerpen
Department of Revenue
(360) 902 -7172
Taxpayer Account Administration Division
PO Box 47476 • Olympia, Washington 98504 -7476
0
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No d
For Meeting Of September 21, 2010
ITEM TITLE Public hearing and consideration of modification to the Yakima County Tourist
Promotion Area Ordinance by adding two additional voting members appointed
by the Yakima Hotel Motel Commission from lodging properties located in Zone
B within the City of Yakima, and setting the time and place for a public hearing to
be held for that purpose
SUBMITTED BY Jeff Cutter, City Attorney
CONTACT PERSON /TELEPHONE Jeff Cutter, 575 -6030
SUMMARY EXPLANATION A petition was presented by representatives of the Yakima
County Tourism Promotion Area who pay more than forty percent of the Tourism Promotion
Area charges The petition requests that Ordinance No 2004 -17, presently included in the
Yakima Municipal Code at YMC 5 99, be modified to increase the voting membership of the
0 Yakima Hotel and Motel Commission from five to seven members, with the two additional voting
members to be appointed from qualified lodging properties located within Zone B of the
Tourism Promotion Area This petition request was reviewed and discussed by the City Council
on August 17, 2010 and staff was directed to bring forward a Resolution of Intent to modify the
Tourism Promotion Area ordinance and to set the time and place for a public hearing to
consider said amendment in accord with the provisions of the ordinance Resolution No R-
2010 -102 was adopted by Council at the September 7, 2010 business meeting
Attached is an amended Tourism Promotion Area ordinance reflecting the requested change in
the ordinance, for consideration following the public hearing If the Council approves the
ordinance modification after the public hearing, the modification will not become effective until
the State Department of Revenue has been advised of the modification and the effective date
coordinated with Revenue, also as required by the underlying ordinance
Resolution _Ordinance X Contract _Other(Specify)
Contract Mail to (name and address)
Phone
Funding Source ���
APPROVED FOR SUBMITTAL. \
1 y Manager
STAFF RECOMMENDATION Set a public hearing to consider authorizing the modification of
the Tourism Promotion Ordinance
40 BOARD /COMMISSION /COMMITTEE RECOMMENDATION The Council Nominating
Committee favors the requested change
COUNCIL ACTION
12/01/2010 09:48 5095756252 YVVCB PAGE 02
,
, 41$ ' 7Ar !, es
STATE OF WASHINGTON
DEPARTMENT OF REVENUE
October 7, 2010
John Cooper
Yakima Valley Visitors and Convention Bureau
10 North 8 Street
Yakima, WA 98901
RE: Ordinance No. 2010 -37
Dear Mr. Cooper,
Please consider this confirmation that the Department of Revenue has received Ordinance 2010 -37
relating to the Yakima Valley Hotel /Motel Commission.
If there are questions regarding this, please feel free to call.
Sincerely,
Andy Van Gerpen
Department of Revenue
(360) 902 -7172
Taxpayer Account Administration Division
PO Box 47476 0 Olympia, Washington 98509 -7476
041519P14 ILO