ORD 99-49 CITY'S B & O TAXRevised October 7, 1999
ORDINANCE NO. 99-49
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the City's business and occupation tax; and amending
Sections 5.05.090 and 5.05.100 of the Bainbridge Island Municipal
Code.
WHEREAS, RCW 35.2 I. 710 provides that cities are authorized to require the
licensing of businesses and to levy and collect a tax not to exceed two-tenths of one
percent on their gross income; and
WHEREAS, the City of Bainbridge Island has imposed such licensing and tax
requirements continuously since at least 1982; and
WHEREAS, the likely passage of initiative 695 is likely to put extreme pressure
on the City's ability to accomplish its mandated functions with the revenues allowed to it;
no~v, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DOES
ORDAIN AS FOLLOWS:
Section 1. As of January 1, 2001, Section 5.05.090 of the Bainbridge Island
Municipal Code is hereby amended as follows:
5.05.090 Exemptions - Type of income.
The following types and sources of income shall not be included in the gross income
subject to the tax imposed by this chapter:
A. All types and sources of income, revenue, proceeds or receipts which are exempt from
the business and occupation tax imposed by the state of Washington pursuant to
Chapter 82.04 RCW, as hereafter amended;
P~ A. Gross income derived from the operation of a commercial parking lot business and
which is subject to the comraercial parking lot tax imposed in this title;
C B. Gross income or proceeds derived from liquor, as defined by RCW 66.04,010(I5),
motor vehicle fuels, and any other business or item which is not subject to taxation by
the city pursuant to state law;
D: C. Gross income of any teIephone business;
E~: D. Gross income of a temporary stationary business as defined in Chapter 5.40 BIMC;
and
~ E. Gross income, revenue, proceeds or receipts which are subject to taxation by any
other city.
Section 2. Section 5.05. 100 of the Bainbridge Island Municipal Code is hereby
amended as follows:
5.05.100 Amount of income taxed.
A. The business and occupation tax shall only be imposed if the gross income of the
person exceeds $250,000 an amount to be determined annually by resolution of
the City Council but not less than $100,000 per year. Persons with gross income
exceeding $250,000 the amount so determined per year shall be taxed only on the
amount of gross income exceeding e~ ca t~nr~ that amount. Only one such exemption
shall be allowed to any group of businesses under common ownership. For the
purposes of this chapter, businesses shall be considered to be under common
ownership if 10 percent or more of the ownership of the business is held or controlled
by the same person or persons.
B. If a person operates a business for less than a full year, the amount of gross income
exempted from the business and occupation tax shall be reduced proportionately.
Section 3. if initiative 695 is rejected by the voters of the State of Washington or
if Initiative 695 fails to become law for any other reason the amendment to BIMC
5~05.090 shown in Section I above and the amendment to BIMC 5.05.100 shown in
Section 2 above shall both be null and void and of no force or effect, and the language of
BI3/iC 5.05.090 and BIMC 5.05.100 in effect on September 1, 1999, shall remain in full
force. IfInitiative695 or any portion of Ihitiative695 requiring voter approval ofany tax
increase is finally determined by a court to be invalid or unenforceable, then the
amendment to BIMC 5.05.090 shown in Section 1 above and the amendment to BIMC
5.05.100 shown in Section 2 above shall both be null and void and of no force or effect as
of the date on which the judicial decision becomes final, and as of that date, the language
of BIMC 5.05.090 and BIMC 5D5. 100 in effect on September 1, 1999 be revived and
shaI1 be in effect.
Section 4. lfthe effective date of Section I of this ordinance is challenged in
court for any reason, then Section 1 shall become effective on and after December 1,
1999.
Section 5. This ordinance shall take effect and be in force on and a~er
December 1, 1999, which date is more than five days from and after its passage, approval,
and publication.
PASSED by the City Council this 7th day of October, 1999.
APPROVED by the Mayor the/~th day of October, 1999.
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WiTH THE CITY CLERK
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE 99 -- 49
September 7, 1999
October Z 1999
October 20, 1999
October 25, 1999