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HomeMy WebLinkAboutSupporting research into a potential Food and Beverage TaxAttest: RESOLUTION No. 4532 -16 Passed by the Common Council of the City of South Bend, Indiana February 22 20---!6 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 23, 20 16 Approved and signed by me D�U 2-7 20Z City Clerk Substitute Bill No. 16 -10 RESOLUTION NO. 46 32-_ l LO A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING ADDITIONAL RESEARCH INTO A POTENTIAL FOOD AND BEVERAGE TAX IN ST. JOSEPH COUNTY, INDIANA 6*;m� the South Bend Common Council recognizes that the Indiana Department of Revenue oversees local food and beverage taxes established by the Indiana General Assembly and codified in various provisions of Indiana Code 6 -9; and 6A the Indiana Department of Revenue has noted that "...generally, in counties or municipalities that adopt a food and beverage tax, the rate is I% of the gross retail income received from taxable food and beverage transactions [and] in some instances where both a county and municipality within the county have adopted the food and beverage tax, the total rate for a taxable transaction inside the municipality is 2 % ", Commissioner's Directive # 30 September 2015; and G,h" in Indiana, "food and beverage tax is imposed, paid, and collected in the same manner as the sales tax, and according to the Indiana Department of Revenue's Commissioner's Directive # 30 September 2015, the following twelve (12) Indiana counties have imposed a food and beverage tax; Co_ unto Allen County Boone County Delaware County Hamilton County Hancock County Hendricks County Henry County Johnson County Madison County Marion County Shelby County Vanderburgh County Rate Effective Date 1 % July 1986 1% August 2005 1 % August 1986 1% August 2005 1 % August 2005 1 % August 2005 1 % October 1987 1 % August 2005 1 % February 1989 2% July 1981 & July 2005 (rate increase) 1 % August 2005 1 % August 1985 and the following fifteen (15) entities have established a "municipality rate ": Municipality Rate Effective Date Avon 1 % July 2005 Brownsburg 1 % August 1995 Carmel 1% August 2005 Cloverdale 1% September 1, 2013 Historic Hotels Orange Co 2% July 1, 2015 Lebanon 1% November 2005 Martinsville 1% July 2005 Mooresville 1% August 1990 Nashville 1% July 1987 Noblesville 1% August 2005 Resolution Supporting Additional Research on Potential Food & Beverage Tax Page 2 Municipality Rate Effective Date Plainfield 1% August 1995 Rockville 1% September 1, 2015 Shipshewana 1% July 1990 Westfield 1% August 2005 Zionsville 1 % November 2005; and G, House Enrolled Act 1120 -2005 authorized several counties and municipalities to enact an ordinance to impose a one percent (1 %) food and beverage tax; with the above - listings showing the nine (9) communities so authorized by the Indiana General Assembly; and 6 in the current session of the 2016 Indiana General Assembly, several House Bills were introduced addressing food and beverage taxes in various counties [HB 1040, HB 1096, HB 1170, and HB 1305] as well as one proposed for Greenwood [HB 1192], and HB 1191 was introduced seeking a uniform municipal food and beverage tax; and N the Common Council notes that Potawatomi Zoo, the oldest zoo in the State of Indiana, was originally founded in 1902 at Leeper Park and moved to its current location in 1912 which consists of approximately twenty -three (23) acres located at 500 South Greenlawn Avenue, where the zoo is the home to approximately 400 animals of 160 different species with a special emphasis on large cats, primates and Australian animal; and G, Potawatomi Zoo is accredited by the Association of Zoos and Aquariums (AZA) and meets the "rigorous, professional standards for animal welfare and management, veterinary care, behavioral enrichment, nutrition and staff training" and facilitates "Species Survival Plans and Population Management Plans "; and N in 2013, Potawatomi Zoo attracted 205,758 visitors, an increase of 1,860 from 2012, with the "Education Department setting a record for annual program participation with over 57,000 people coming into contact with staff and volunteer educators ", as documented in the 2013 Annual Report of the South Bend Parks and Recreation Department; and 2015 saw the highest attendance record in the history of Potawatomi Zoo, making the it the 2nd most popular attraction in St. Joseph County; and G, on June 10, 2013, the South Bend Common Council adopted Resolution No. 4262 -13 which recommended that the City of South Bend enter into a public /private partnership agreement with the Potawatomi Zoological Society; and G,► in December of 2013, the South Bend Board of Park Commissioners unanimously approved a five -year lease for the Potawatomi Zoological Society to oversee the management and daily activities of the Potawatomi Zoo, effective January 1, 2014; and N, a Zoo Master Plan has been developed which proposes $37 million in infrastructure and other capital improvements to the Potawatomi Zoo, which is now celebrating its 114th year of operation; and N it is estimated, that if enabling legislation is enacted by the Indiana General Assembly, a proposed 0.25 percent food and beverage tax earmarked for the Potawatomi Zoo may generate between $1 million to $1.5 million annually, which would further require authorization of such a tax by at least two (2) of the three (3) Resolution Supporting Additional Research on Potential Food & Beverage Tax Page 3 largest fiscal bodies in St. Joseph County [St. Joseph County Council, South Bend Common Council, Mishawaka Common Council] being required to approve such legislation; and G," in the interest of providing opportunities for public input, discussion, and transparency, there is a need for further research and collaboration on the potential short and long -range impact which a food and beverage tax may have on the residents and businesses in St. Joseph County, Indiana, and W by studying relevant data and information on the Indiana twenty -seven (27) communities which have a food and beverage tax, the public will have the opportunity to see if indeed such a tax has been a "tool to help enhance the quality of place within each of their communities "; and 6)ACm,4 by reviewing how such food & beverage funds have been used, by reviewing what purposes are being addressed, and by seeing what guidelines are being used, this background information can then elicit thoughtful public discussions on such basic questions as: • Is a food and beverage tax needed as a development tool in our community? . • What realistic alternatives, other than a food and beverage tax, can be used as a development tool? • If a food and beverage tax is a viable option, what entities should have the opportunity to benefit from such public dollars, and how would competing interest be evaluated and by whom? • What criteria should be used to determine the best possible use for food and beverage tax dollars? Section I. The Common Council believes that public input and transparency, especially with regard to assets dedicated to the public good, is in our community's best interests. Section II. The South Bend Common Council is in support of researching the impact on the community of a potential adoption of a food and beverage tax in St. Joseph County not to exceed one percent (1 %) total ^oT-d high ° . with such research addressing all of the questions raised in this Resolution and all viable options and alternatives. Section III. The Common Council recommends that as additional data and research is conducted by any and all entities on the topics addressed in this Resolution, that it be shared with the Office of the City Clerk for timely dissemination to the South Bend Common Co cil for review and public discussion. Section IV. This Resolution shall be in full fa e and of e from after its adoption by the Common Council and approval by the Mayor. Council Member Randy Kelly, 31 District Council Member South Bend Common Council Resolution Supporting Additional Research on Potential Food & Beverage Tax Page 4 In Favor: `j In Opposition: 2,. Office o the CIO Cle6 "r,jew /P(-by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the -:�-3 day of 2016, at q o'clock a, m. Of is of the City Cl a me on the 2.7 � day of Fail , 2016, at 7` o'clock,? .m. OF Pete Buttigieg, or City of South Bend, Indiana PRESLN 1 EU NOT APPROVED XWPT60 Filed in Clerk's Office FEB 9 ) ?016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The South Bend Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.5981 TDD 574.235.5567 February 19, 2016 The South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 16 -10 Resolution Supporting Additional Research on Potential Food and Beverage Tax Dear Council Members: Since filing the original resolution which called for supporting additional research and potential food and beverage tax, which highlighted the need for transparency and open public dialogue, good conversation has begun in all parts of our community. In the interest of promoting further discussions and needed research, I would like to broaden the topic so that all possible alternatives are identified, highlighted and discussed. Therefore, rather than limiting the scope of such research to that which was originally proposed, I believe it should be broadened. It is vitally important that the overall impact on our community of any potential adoption of a food and beverage tax in St. Joseph County should be our initial focus at this stage, rather than identify or limit potential uses in the Bill. A true and more comprehensive cost - benefit analysis could then be conducted. I have therefore drafted a Substitute Bill No. 16 -10 which is attached for your review and public discussion. Proposed changes are highlighted in red. Rather than delete the background information on the Potawatomi Zoo in the prefatory "Whereas" clauses, I have added and broadened the scope by adding new clauses. I am also, in the interest of embracing all pertinent topics, deleting in Section II of the proposed resolution any specific e .fling for the zoo. Thank you. rd J Randy Kelly, 3 District uncil ember South Bend Common Council Attachment Filed in Clerk's Office FFn 9 9 Z016 KAREEMAH FOWLER CITY CLERK . %,jTH BEND, IN