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HomeMy WebLinkAboutOrd1993-029 . . . Failed on 3/14/94 Sponsored by: lones Introduction Date: 11122193 Public Hearing Date: 12113193 CITY OF SEWARD, ALASKA ORDINANCE NO. 93-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR A PASSENGE TRANSIT FEE FOR MARINE CHARTER VESSELS AND BUS ESSES THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. New Chapter 5.45 of the Seward City Co e is hereby created to read as follows: Chapter 5.45 5.45.010 Definitions. As used in this cha er: A. "City manager" means the citY. nager of the city or the designee of the city manager. B. "Operator" means a pers who furnishes, offers or otherwise makes available transportation on a ves for monetary consideration whether acting directly or through an agent or ployee. C. "Passenger" mea a person transported on a vessel for monetary consideration, whether in thf/fonn of a charge per individual passenger, charge per group of passengers or ch~ge for use of a vessel. / ,/ 5.45.020 Passenger ]Yransit Fee. A. There is ,Istablished a passenger transit fee of one dollar payable by every passenger not ex~pt under subsection B of this section who boards or departs a vessel at any Mck, wharf or other harbor facility in the city. The fee is payable regardless of who owns the dock, wharf or other harbor facility. B. The following passengers are exempt from the fee imposed by subsection A of this section: 1. Passengers boarding a vessel for a voyage tenninating, or departing a vessel from a voyage originating, more that 100 nautical miles from the city. 2. Passengers departing a vessel from a voyage originating in the city, who paid the fee imposed by subsection A of this section for boarding the vessel to commence the voyage. . 2. Passengers departing a vessel from a voyage originating in the city, who paid the fee imposed by subsection A of this section for boarding the vessel to commence the voyage. 3. Passengers exempt from paying the fee, or passengers on a vessel whose operator is exempt from collecting the fee, under federal or state law. 5.45.030 Payment and collection of fee. The passenger is responsible for paying the fee imposed by this chapter, and the fee shall be due and payable at the time consideration for transportation on the vessel is due and payable. The operator shall collect the fee when the operator collects the consideration for transportation on the vessel. . 5.45.040 Fee receipts, returns and records. A. Title to all fees collected under this chapter vests in the city upon collection. The operator shall segregate the fees that it collects under this chapter from any of its other funds, and safeguard the fees that it collects until transmitted to the city as provided in this section. B. An operator shall submit to the city manager a return on a fonn prescribed by the city of the passenger transit fees collected during each month on or before the last day of the following month. C. The operator shall sign the return and transmit it together with the related passenger transit fees collected on or before the date the return is due. An operator that fails to deliver passenger transit fees to the city on or before the due date of the related return shall incur a penalty equal to 10 percent of the amount of the delinquent fees. In addition, the delinquent fees shall bear interest at a rate of 10 percent per year, compounded monthly, from the date of delinquency until paid. D. Every operator transporting passengers subject to the fee imposed by this chapter shall maintain records of all passengers transported, passenger transit fees collected and passengers exempt from the fee, and such other books and accounts as are necessary to detennine the amount of passenger transit fee the operator is required to collect. All such books and records shall be maintained for a period of not less than three years, and shall be available for examination at reasonable times by the city manager to detennine the correctness of a return or the amount of passenger transit fees payable or collected. E. When an operator fails to file a return as required by subsection B of this section or when the city manager finds that a return filed by an operator is not supported by the records to be maintained under subsection D of this section, the city manager may prepare and file a return on behalf of the operator. Passenger transit fees estimated on a return filed on behalf of the operator under this subsection may be premised upon any infonnation that is available to the city manager, including without limitation comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger transit fees stated on the return, as well as the penalties and interest provided in subsection C of this section and in section 5.45.070. . 5.45.050 Confidentiality of returns. . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 93-29 A. All returns filed under this chapter and all data obtained from such returns are confidential, and may not be inspected by persons other than those authorized to enforce the provisions of this chapter. B. Subsection A of this section does not prohibit the city from collecting or publishing statistical data derived from returns filed under this chapter, provided the data are cumulative and do not identify particular returns or operators. 5.45.060 Operator's certificate of registration. A. No person may engage in business as an operator transporting passengers subject to the fee imposed by this chapter without first obtaining a certificate of registration under this section. The certificate shall identify each vessel on which the operator transports passengers subject to the fee imposed by this chapter. B. An operator shall apply to the city clerk for a certificate of registration on a fonn prescribed by the city not later than 10 days from (i) the later of the effective date of this chapter and the date of commencement of its business as an operator; and (ii) the date it commences business with an additional vessel. C. The certificate of registration shall be displayed prominently at the operator's place of business. D. A certificate of registration may not be assigned or transferred. If an operator ceases to engage in business as an operator, ceases to use a vessel listed on its certificate of registration or changes its fonn of business organization, the certificate of registration expires and shall be surrendered to the city clerk for cancellation. 5.45.070 Prohibited acts: collections: penaltJI. A. No person may fail or refuse to pay the fee imposed by this chapter to an operator authorized to collect the fee. B. Passenger transit fees due but not paid, or collected but not transmitted to the city, may be recovered in an action at law against the operator. Passenger transit fee returns shall be prima facie proof of passenger transit fees collected but not transmitted. C. An operator who willfully fails to collect the fee levied by this chapter shall be subject to a civil penalty equal to twice the amount of the passenger transit fee which should have been collected. 5.45.080 Regulations. A. The city manager may adopt regulations applying and interpreting this chapter, and may prescribe fonns required for the administration of this chapter. B. A passenger or an operator may apply to the city manager for a ruling on the application of this chapter to the passenger or operator. If the city -3- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 93-29 manager determines that such a ruling has general application, he may adopt it as a regulation. Section 2. This ordinance shall take effect thirty (30) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this * day of *, 1993. THE CITY OF SEWARD, ALASKA Dave W. Crane Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Krasnansky and Sieminski Crane, Bencardino, Darling and O'Brien None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska Linda S. Murphy, CMC/AAE City Clerk City Attorney (City Seal) -4-