AN
ACT Relating to exempting movie theater snack counters from the special stadium
sales and use tax imposed on restaurants; and amending RCW 82.14.360.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
82.14.360 and 1995 3rd sp.s. c 1 s 201 are each amended to read as follows:
(1)
The legislative authority of a county with a population of one million or more
may impose a special stadium sales and use tax upon the retail sale or use
within the county by restaurants, taverns, and bars of food and beverages that
are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of the
tax shall not exceed five-tenths of one percent of the selling price in the
case of a sales tax, or value of the article used in the case of a use tax.
The tax imposed under this subsection is in addition to any other taxes
authorized by law and shall not be credited against any other tax imposed upon the
same taxable event. As used in this section, "restaurant" does not
include grocery stores, mini-markets, ((or)) convenience stores, or
movie theater snack counters, and snack counters located in theaters or centers
for the performing arts.
(2)
The legislative authority of a county with a population of one million or more
may impose a special stadium sales and use tax upon retail car rentals within
the county that are taxable by the state under chapters 82.08 and 82.12 RCW.
The rate of the tax shall not exceed two percent of the selling price in the
case of a sales tax, or rental value of the vehicle in the case of a use tax.
The tax imposed under this subsection is in addition to any other taxes
authorized by law and shall not be credited against any other tax imposed upon
the same taxable event.
(3)
The revenue from the taxes imposed under this section shall be used for the
purpose of principal and interest payments on bonds, issued by the county, to
acquire, construct, own, remodel, maintain, equip, reequip, repair, and operate
a baseball stadium. Revenues from the taxes authorized in this section may be
used for design and other preconstruction costs of the baseball stadium until
bonds are issued for the baseball stadium. The county shall issue bonds, in an
amount determined to be necessary by the public facilities district, for the
district to acquire, construct, own, and equip the baseball stadium. The
county shall have no obligation to issue bonds in an amount greater than that
which would be supported by the tax revenues under this section, RCW
82.14.0485, and 36.38.010(((3)))(4) (a) and (b). If the revenue
from the taxes imposed under this section exceeds the amount needed for such
principal and interest payments in any year, the excess shall be used solely:
(a)
For early retirement of the bonds issued for the baseball stadium; and
(b)
If the revenue from the taxes imposed under this section exceeds the amount
needed for the purposes in (a) of this subsection in any year, the excess shall
be placed in a contingency fund which may only be used to pay unanticipated
capital costs on the baseball stadium, excluding any cost overruns on initial
construction.
(4)
The taxes authorized under this section shall not be collected after June 30,
1997, unless the county executive has certified to the department of revenue
that a professional major league baseball team has made a binding and legally
enforceable contractual commitment to:
(a)
Play at least ninety percent of its home games in the stadium for a period of
time not shorter than the term of the bonds issued to finance the initial
construction of the stadium;
(b)
Contribute forty-five million dollars toward the reasonably necessary
preconstruction costs including, but not limited to architectural, engineering,
environmental, and legal services, and the cost of construction of the stadium,
or to any associated public purpose separate from bond-financed property,
including without limitation land acquisition, parking facilities, equipment,
infrastructure, or other similar costs associated with the project, which
contribution shall be made during a term not to exceed the term of the bonds
issued to finance the initial construction of the stadium. If all or part of
the contribution is made after the date of issuance of the bonds, the team
shall contribute an additional amount equal to the accruing interest on the
deferred portion of the contribution, calculated at the interest rate on the
bonds maturing in the year in which the deferred contribution is made. No part
of the contribution may be made without the consent of the county until a
public facilities district is created under chapter 36.100 RCW to acquire,
construct, own, remodel, maintain, equip, reequip, repair, and operate a
baseball stadium. To the extent possible, contributions shall be structured in
a manner that would allow for the issuance of bonds to construct the stadium
that are exempt from federal income taxes; and
(c)
Share a portion of the profits generated by the baseball team from the
operation of the professional franchise for a period of time equal to the term
of the bonds issued to finance the initial construction of the stadium, after
offsetting any losses incurred by the baseball team after the effective date of
chapter 14, Laws of 1995 1st sp. sess. Such profits and the portion to be
shared shall be defined by agreement between the public facilities district and
the baseball team. The shared profits shall be used to retire the bonds issued
to finance the initial construction of the stadium. If the bonds are retired
before the expiration of their term, the shared profits shall be paid to the
public facilities district.
(5)
No tax may be collected under this section before January 1, 1996. Before
collecting the taxes under this section or issuing bonds for a baseball
stadium, the county shall create a public facilities district under chapter
36.100 RCW to acquire, construct, own, remodel, maintain, equip, reequip,
repair, and operate a baseball stadium.
(6)
The county shall assemble such real property as the district determines to be
necessary as a site for the baseball stadium. Property which is necessary for
this purpose that is owned by the county on October 17, 1995, shall be
contributed to the district, and property which is necessary for this purpose
that is acquired by the county on or after October 17, 1995, shall be conveyed
to the district.
(7)
The proceeds of any bonds issued for the baseball stadium shall be provided to
the district.
(8)
As used in this section, "baseball stadium" means "baseball
stadium" as defined in RCW 82.14.0485.
(9) The taxes imposed under this section shall expire when the
bonds issued for the construction of the baseball stadium are retired, but not
later than twenty years after the taxes are first collected.
