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Ordinance 30060006.030.007 CAM/PAO /Ifs 12/30/94 Rev: 01/12/95 ORDINANCE NO. 3006 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO BUSINESS AND OCCUPATION TAXES FOR CELLULAR TELEPHONE SERVICE, ADDING A NEW DEFINITION FOR CELLULAR TELEPHONE SERVICE, CHANGING THE EXCEPTIONS AND DEDUCTIONS FROM GROSS INCOME FOR PURPOSES OF COMPUTING THE TAX, DESCRIBING A PROCESS FOR ALLOCATION OF INCOME FROM CELLULAR TELEPHONE SERVICE, AND STATING THE TIME WHEN TAX RATE CHANGES ARE EFFECTIVE; AMENDING SECTIONS 3.20.020 AND 3.20.060, ADDING NEW SECTIONS 3.20.155 AND 3.20.156 TO THE EDMONDS CITY CODE; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, The Department of Revenue was directed by the Washington State Legislature to form a Cellular Communications Committee, so that the Committee would study the industry and make a report about how cellular communications should be taxed; and WHEREAS, the Committee found that there was lack of uniformity in utility tax ordinances in cities throughout the state, that certain cities were not receiving the tax revenue to which they were entitled because the customer's filing address was not the same as the cellular user's normal location, and that necessary adjustments were not made in the definition of gross income for purposes of computing the cellular company's tax to the cities; and WHEREAS, the Association of Washington Cities has asked all cities in Washington to review and amend their ordinances consistent with the findings of the Committee; NOW, THEREFORE, 90166.10 - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: as follows: Section 1. Section 3.20.020 of the Edmonds City Code is hereby amended to read 3.20.020 DEFINITIONS. In construing the provisions of this chapter, save when otherwise plainly declared or clearly apparent from context, the following definitions shall be applied: A. Cellular Telephone Service is a two -way voice and data telephone /telecommunications systems based in whole or substantially in part on wireless radio communications and which are not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS) and any other evolving wireless radio communications technology which accomplishes a purpose similar to cellular mobile service. C. Gross Income means the value proceeding or accruing by reason of the transaction of business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments, however designated, all without any deduction on account of the costs of tangible personal property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. 90166.10 .-2- G. - Telephone business means the business of providing access to a local telephone network, local network telephone switching service, toll service, coin telephone services, or the providing of telephonic video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. It further includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of competitive telephone service, the providing of cable television service, nor the providing of broadcast services by radio or television stations. Section 2. A new subsection (F) is added to Section 3.20.060 of the Edmonds City Code, to read as follows: 3.20.060 EXCLUSIONS AND DEDUCTIONS F. There shall be excluded and deducted from the total gross income upon which the license fee or tax for telephone businesses and telecommunications companies is computed, the following: (1) That portion of the gross income derived from charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services. (2) Charges by a taxpayer engaging in a telephone . business or to a telecommunications company, as defined in RCW 80.040.010, for telephone service. that the purchaser buys for the purpose of resale. (3) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third -party 90166.10 -3 - fraud or other crime and was not properly a debt of a customer. (4) Charges to cellular telephone service subscribers passed on to compensate for the cost to the company of the tax imposed by this chapter. (5) There shall be allowed as a deduction as to cellular telephone companies which keep their regular books of. account on an accrual basis, for credit losses actually sustained by the taxpayer as a result of the cellular telephone business. Section 3. A new section 3.20.155 is hereby added to the Edmonds City Code to read as follows: 3.20.155 ALLOCATION OF INCOME -- CELLULAR TELEPHONE SERVICE. A. Service address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. B. Presumption. There is a presumption that the service address a customer supplies to the taxpayer (cellular telephone company) is current and accurate, unless the taxpayer has actual knowledge to the contrary. C. Roaming phones. When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. D. Dispute Resolution. If there is a dispute among one or more other cities, and /or the taxpayer, as to the service address of a customer who is receiving cellular telephone services and the dispute is not resolved by negotiation among the parties, then the dispute shall be resolved by the 90166.10 - 4 - City and the other city or cities by submitting the issue for settlement to the Association of Washington Cities (AWC). The taxpayer shall have no further liability with respect to additional taxes on the disputed revenues, but will change his or her billing records for future revenues to comport with the settlement facilitated by AWC. Section 4. A new Section 3.20.156 is hereby added to the Edmonds City Code, to read as follows: 3.20.156 Rate Change. No change in the rate of tax upon persons engaging in providing cellular telephone service shall apply -to business activities occurring before the effective date of the change and, except for a change in the tax rate authorized by RCW 35.21.870, no change in the rate of the tax may take effect sooner than sixty (60) days following the enactment of the ordinance. establishing the change. The City shall send to each cellular telephone service company at the address on its license, a copy of any ordinance changing the rate of tax upon cellular telephone service promptly upon its enactment. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance, being an exercise of a power' specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. 90166.10 - 5 - ATTEST /AUTHENTICATED: Ma APPROVED AS TO FORM: OFFICE OF BY ATTORNEY: FILED WITH THE CITY CLERK: 1/16/95 PASSED BY THE CITY COUNCIL: 1/24/95 PUBLISHED: 1/29/95 EFFECTIVE DATE: 2/3/95 ORDINANCE NO. 3006 90166.10 - 6 - -SUMMARY OF ORDINANCE NO. 3006 of the City of Edmonds, Washington On the 24th day of January , 1995, the City Council of the City of Edmonds, passed Ordinance No. 3006 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO BUSINESS AND OCCUPATION TAXES FOR CELLULAR TELEPHONE SERVICE, ADDING A NEW DEFINITION FOR CELLULAR TELEPHONE SERVICE, CHANGING THE EXCEPTIONS AND DEDUCTIONS FROM GROSS INCOME FOR PURPOSES OF COMPUTING THE TAX, DESCRIBING A PROCESS FOR ALLOCATION OF INCOME FROM CELLULAR TELEPHONE SERVICE, AND STATING THE TIME WHEN TAX RATE CHANGES ARE EFFECTIVE; AMENDING SECTIONS 3.20.020 AND 3.20.060, ADDING NEW SECTIONS 3.20.155 AND 3.20.156 TO THE EDMONDS CITY CODE; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 24th day of January , 1995. _'VA y WKS] I a "'150 .� to Il .__ January__. 2.9.,. ... 1995 . TIME WHEN THE SAME ..................................................................................................................................... SHALL BECOME EFFECTIVE. The fun text of this and that�siid ne paper was regularly distributed to subscribers Ordinance will be of upon request. DATEyyD this 24th day of d 1 of sal period. Jan RH6NDA J. MARCH •^ - ' J City Clerk Published: January 29;.1995. ;/ ` , � /V :............................................ ............................... jf Principal Clerk Subscribed and sworn to before me this .............30th day of --------------------•- --- Jan.:.. ry ... : ......... 19 95... ...............{ ....:.� ..... .... ...... .. ............ •• - - -- Notary Public In and for th Mate of Washington, residing at Everett, Snoho 'sh ounty. 01 �Ze E J N0rAR� O`er �.AF ,� G OP WA SNkN'r B -2 -1 CAVED Affidavit of Publication FEB 0 7 1995 EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOIKISH, ss The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior SUMMARY.OF � -. ORDINANCE O. 3008 Court of Snohomish County and that the notice he Cit y of .. of .the City Edmonds, Washington' ......... ............................... On the 24th:day of January, 1995, the City Council of the City of Edmonds, passed 3006.. A S.u.m.lary of Ordinance No. 3006 ................................. .................... OrdinanceNo. summary of.the content of said .... .......: ............................... ordinance, consisting of the title; provides as follows:. AN ORDINANCE OF THE ...... lty,...Qf...E.C1ippa IS CITY OF EDMONDS. WASH INGTON RELATING TO .................................. ............................... BUSINESS AND OCCUPA. TION TAXES FOR CELLULAR TELEPHONE SERVICE, ADDING A NEW DEFINITION FOR CELLULAR TELEPHONE """"'°°""• .............................." SERVICE, CHANGING THE a printed copy of which is hereunto attached, was published in said EXCEPTIONS AND DEDUC- TIONS FROM GROSS IN. COME OF, neWS a p pp g paper proper and not in supplement form, in the regular and COMPUTING. THE TAX. SCRIBING A PROCESS FOR AI LOCATION OF. INCOME entire edition of said paper on the following days and times namely: p p g Y y: .__ January__. 2.9.,. ... 1995 . TIME WHEN THE SAME ..................................................................................................................................... SHALL BECOME EFFECTIVE. The fun text of this and that�siid ne paper was regularly distributed to subscribers Ordinance will be of upon request. DATEyyD this 24th day of d 1 of sal period. Jan RH6NDA J. MARCH •^ - ' J City Clerk Published: January 29;.1995. ;/ ` , � /V :............................................ ............................... jf Principal Clerk Subscribed and sworn to before me this .............30th day of --------------------•- --- Jan.:.. ry ... : ......... 19 95... ...............{ ....:.� ..... .... ...... .. ............ •• - - -- Notary Public In and for th Mate of Washington, residing at Everett, Snoho 'sh ounty. 01 �Ze E J N0rAR� O`er �.AF ,� G OP WA SNkN'r B -2 -1