Chapter 2.23
ADDITIONAL SALES OR USE TAX
Sections:
2.23.040 Imposition of sales or use tax.
2.23.080 Rate of tax imposed.
2.23.120 Administration and collection of tax.
2.23.160 Consent to inspection of records.
2.23.200 Authorizing execution of contract for administration.
2.23.240 Referendum procedure.
2.23.280 Penalties.
2.23.320 Severability.
2.23.360 Effective date.
2.23.040 Imposition of sales or use tax.
There is hereby imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.030(2), upon every taxable event, as defined in RCW 82.14.020, occurring within the city of Ellensburg. The tax shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. [Ord. 3419 § 1, 1983.]
2.23.080 Rate of tax imposed.
The rate of the tax imposed by ECC 2.23.040 shall be one-half of one percent of the selling price or value of the article used, as the case may be; provided, however, that during such period as there is in effect a sales tax or use tax imposed by Kittitas County under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session, at a rate equal to or greater than the rate imposed by this section, the county shall receive 15 percent of the tax imposed by ECC 2.23.040; provided further, that during such period as there is in effect a sales tax or use tax imposed by Kittitas County under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session, at a rate which is less than the rate imposed by this section, the county shall receive from the tax imposed by ECC 2.23.040 that amount of revenues equal to 15 percent of the rate of the tax imposed by the county under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session. [Ord. 3419 § 2, 1983.]
2.23.120 Administration and collection of tax.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 82.14.050. [Ord. 3419 § 3, 1983.]
2.23.160 Consent to inspection of records.
The city of Ellensburg hereby consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. [Ord. 3419 § 4, 1983.]
2.23.200 Authorizing execution of contract for administration.
The mayor and clerk are hereby authorized to enter into a contract with the Department of Revenue for the administration of this tax. [Ord. 3419 § 5, 1983.]
2.23.240 Referendum procedure.
This chapter shall be subject to a referendum procedure. Any referendum petition to repeal the ordinance codified in this chapter or alter the rate of the tax authorized by this chapter shall be filed with the city clerk within seven days of passage of the ordinance codified in this chapter. The city clerk within 10 days shall then confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure will result in the tax or tax rate increase being imposed and a negative answer to the question and a negative vote on the measure will result in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this 10-day period.
After notification, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15 percent of the registered voters of the city, and to file the signed petitions with the city clerk. Each petition form shall contain the ballot title and the full text of the measure to be referred. The city clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the city clerk shall submit the referendum measure to the city voters at a general or special election held on one of the dates provided in RCW 29.13.010 as determined by the city council. This election shall not take place later than 120 days after the signed petition has been filed with the city clerk. [Ord. 3419 § 6, 1983.]
2.23.280 Penalties.
Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined no more than $500.00 or imprisoned for not more than six months, or by both such fine and imprisonment. [Ord. 3419 § 7, 1983.]
2.23.320 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. [Ord. 3419 § 8, 1983.]
2.23.360 Effective date.
The ordinance codified in this chapter shall take effect April 1, 1984. [Ord. 3419 § 9, 1983.]