HomeMy WebLinkAboutR-2011-068 Yakima County Tourist Promotion Area Ordinance Revision - Set Hearing Date RESOLUTION NO. R- 2011 -68
A RESOLUTION relating to business regulation; stating the intent of the City Council to set
the date of May 17, 2011 for a public hearing to consider modification of
YMC 5.99 of the City of Yakima Municipal Code (hereafter "Tourist
Promotion Area ") by revising the ordinance to reflect the decision of the city
of Union Gap and the city of Selah to terminate their participation in the
Tourism Promotion Area; and to make the necessary adjustments in
membership and assessment provisions relevant to said termination.
WHEREAS, the Yakima City Council approved the establishment of a Tourism
Promotion Area pursuant to RCW Chapter 35.101, by Ordinance 2004 -17; and
WHEREAS, action of the City Council on September 21, 2010, approved Ordinance
2010 -37 thereby modifying the Tourism Promotion Area ordinance to increase certain voting
membership on the Tourist Promotion Area Hotel and Motel Commission based upon a petition
submitted by representatives of the Tourist Promotion Area who pay more than forty percent of
the Tourist Promotion Area charges; and
WHEREAS, on March 22, 2011 the City received another valid petition signed by
authorized representatives of lodging businesses within the Tourism Promotion Area in a
number representing members who have paid over forty percent of the tourism promotion
charges imposed within the area during the preceding calendar year requesting another
modification of the Tourism Promotion Area ordinance; and
WHEREAS, the March 22, 2011 petition requests that the Tourist Promotion Area
ordinance be amended to reflect the decision of the city of Union Gap and the city of Selah to
terminate their participation in the Tourism Promotion Area, as well as to make the necessary
adjustments in the Tourist Promotion Area Commission membership and assessment
provisions relevant to said terminations and to remove reference to the assessment zones, all
as represented by the Tourist Promotion Area ordinance modification attached hereto and
incorporated herein by this reference; and
WHEREAS, the City Council finds the petition requesting a modification of the Tourism
Promotion Area Commission is sufficient and in compliance with the requirements of YMC
5.99.070 (B) and that it is therefore appropriate and necessary to adopt said resolution in
accord with YMC 5.99.070(A) and set a public hearing for consideration of the intent to modify
the Tourism Promotion Area ordinance at 7:00 p.m. on Tuesday, May 19, 2011 at the City Hall
Council Chambers; and
WHEREAS, in accord with statute and the Yakima Municipal Code, if approved by the
Council after the public hearing the effective date of a modification of the Tourism Promotion
Area shall be coordinated with the Washington State Department of Revenue; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council hereby adopts the Resolution of Intent to modify the Yakima County
Tourism Promotion Area Hotel and Motel Commission ordinance by 1) removing all references
to the cities of Union Gap and Selah from the ordinance, including reference to those two cities'
representation on the Tourist Promotion Area Commission, 2) removing references to
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assessment zones and amending the assessment fee to two dollars ($2.00) per room per day
for all lodging properties having more than forty (40) rooms in the City of Yakima and the
unincorporated areas of Yakima County; and 3) adding a fifth voting member to the
Commission from eligible lodging properties in the city of Yakima. The Council further sets a
public hearing for consideration of the modified ordinance to be held at 7:00 p.m. on May 17,
2011 in the City Council Chambers at 129 N. 2nd. St, Yakima, Washington. If approved after
public hearing, the effective date of the modification to the Tourism and Promotion Ordinance
YMC 5.99, as attached and incorporated herein, shall be coordinated with the Washington
State Department of Revenue and the ordinance revision shall not be effective until approval of
the effective date is received from Revenue.
ADOPTED BY THE CITY COUNCIL this 3 day of May, 2011.
ATTEST: Micah C. ey, ayor
City Clerk
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BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For Meeting Of May 3, 2011
ITEM TITLE: Resolution stating the City Council's intent to modify the Yakima County Tourist
Promotion Area Ordinance by revising the ordinance to reflect the decision of the city of
Union Gap and the city of Selah to terminate their participation in the Tourism Promotion
Area; and to make the necessary adjustments in membership and assessment
provisions relevant to said termination, and setting the time and place for a public
hearing for May 17, 2011 to be held for that purpose.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter 575 -6030 ,
SUMMARY EXPLANATION: On March 22, 2011 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. 2010 -37, presently included in the Yakima
Municipal Code at YMC 5.99, be modified by by 1) removing all references to the cities of Union Gap
and Selah from the ordinance, including reference to those two cities' representation on the Tourist
Promotion Area Commission, 2) removing references to assessment zones and amending the
assessment fee to two dollars ($2.00) per room per day for all lodging properties having more than
forty (40) rooms in the City of Yakima and the unincorporated areas of Yakima County; and 3) adding a
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fifth voting member to the Commission from eligible lodging properties in the city of Yakima. This
petition request is submitted to the Council on the basis of the announced termination of participation in
the Yakima County Tourist Promotion Area by the cities of Selah and Union Gap. In accord with the
provisions of YMC 5.99.070(A), on the basis of this petition the City Council shall consider the attached
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. Together with the Resolution of Intent is an amended
Tourism Promotion Area ordinance reflecting the requested changes in the ordinance, for
consideration during 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. The public hearing for this consideration shall be held in the City Council
Chambers at Yakima City Hall, 129 N. 2nd St., at 7:00 p.m. on Tuesday, May 17, 2011.
Resolution X Ordinance X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTA ;;
City Manager
STAFF RECOMMENDATION: Set a public hearing for May 17, 2011, to-consider authorizing the
modification of the Tourism Promotion Ordinance.. ,
f BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Commission supports the proposed
kodifications.
COUNCIL ACTION:
• ORDINANCE NO. 2011 -
AN ORDINANCE relating to the Yakima Tourism Promotion Area for the City of Yakima
. and revising the Tourism Promotion Area ordinance to reflect the decision
of the city.. of Union Gap and the city of Selah to terminate their
participation in the Tourism Promotion Area and to make the necessary
adjustments in membership and assessment provisions relevant to said
termination; and amending sections 5.99.010, .020,''.030, .040, .060, and
.070 of Chapter 5.99 of the City of Yakima Municipal Code entitled
"Tourism Promotion Area ". .
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Sections 5.99.010, .020, .030, .040, .060 and .070 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.
le 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.
(jc)ord /Tourist Promotion Area -2011 Page 1
"Operator" means the operator of a lodging business, whether in the capacity of owner,
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general manager, lessee, sublessee, 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
1 tourists to the city of Yakima, - - _' _ - - _ •, - - _' . e _ _ - - e, 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 Sclah, 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, - - - - - _' _ • - _• . _ - •_ _ _ e, - -
city council of thc city of Seiala- 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 and the city council of the city of Yakima, the city council of thc cider
- " - e - - • - - - . - - -' to provide recommendations to the city council of
the city of Yakima on proposed uses and projects of the Yakima County tourism promotion
area.
Yakima. (Ord. 2010 37 § 1 (part), 2010: Ord. 2001 171 1 (part), 2001).
5.99.020 Establishment of tourism promotion area.
There is hereby established a Yakima County tourism promotion area having boundaries
1 which include the city of Yakima, - - _' _ _ - - - , - - ' . _ - •_ - - e, 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 YMC 5.99.030. (Ord. 2010 -37 § 1 (part), 2010:
Ord. 2004 -17 § 1 (part), 2004).
5.99.030 Establishment of tourism , otion are zone
Zone e- - - - - - - - - -- -
.
(jc)ord /Tourist Promotion Area -2011 Page 2
•
I. Inte 82 to the e
i"ene.. - --_e--e_ - - - -
•
Zone - - - -- - - - -- -- -- -
G locations eutsldc Zones ° a d-B ;t
Yakima County.
e e _ __ a 9: a e1. __ e1. e.
5.99.040 Tourism promotion charge.
Effective October 1 , 201,1 - e - •• - - _ • _ _ - _ _ - - - -
YMC 5.99.030, 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 in the amount of
two dollars ($2.00) per room per day.ac follows:
Zone A: $1.50 per
reemd
Zone B: $0.75 per
• 'Zone C: $0.50 per
ream/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.
2010 -37 §,1 (part), 2010: 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 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. 2010 -37 § 1 (part), 2010: 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-elseven- 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-prornotion area to fund tourism promotion in Yakima County, which
(jc)ord /Tourist Promotion Area-2011 Page 3
shall be composed of fiveseven voting members and twafeuf nonvoting members who shall be 0
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, - - _• . _ _ _ _' _ • • _• _ - • - - - • _ • • _ _ _ . • _• . • •
ef-U -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 within the Yakima County tourism promotion area or employed by the operator of
such a lodging business. - _ - - - - - . - - - =; - 'e • • city council of the city of Yakima shall appoint fiveeuf
voting members to represent the city of Yakima, with thrcewo of the fivcour the voting members
appointed by the city of Yakima representing qualified lodging businesses that are located if
- - - - - • • - • • - - - - - - e• - • • within the city limits of the city of Yakima or and
b us i ness es th Located within the unincorporated areas of the county tourism promotion
area..
D. One nonvoting member of the commission shall be appointed from the members of the
county commissioners of Yakima County; and one nonvoting member shall be appointed from
the members of the city council of the city of Yakima; e _ e • _ -- - • _ - • - e• - e _ _ •- • _
- - ' ° e •- - ° ° - • • •• • •• • • - • • • - • ' - • • ' - • -. 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 term, 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
1 Yakima County and the city of Yakima, - - -' • _ - •_ • - _ e, • : - - _ ' . e - • - • 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. 2010 -37 § 1 (part), 2010: 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 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
(jc)ord /Tourist Promotion Area -2011 Page 4
•
• 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.
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 evcnt of failure on
- - - - - - - - - - - - = - - •• - - ; 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. 2010 -37 § .1 (part), 2010: 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. 2010 -37 § 1 (part), 2010: 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. 2010 -37 § 1 (part), 2010: 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. 2010 -37 § 1 (part), 2010: 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
11) conviction thereof shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than ninety days, or by a fine in the amount fixed by the court of
(jc)ord /Tourist Prornotion'Area -2011 • Page 5
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. 2010 -37 § 1 (part), 2010: 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. 2010 -37. § 1 (part), 2010: 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 day of
,2011.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
(jc)ord /Tourist Promotion Area -2011 Page 6