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2571 ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 38!f 5 OF THE WEST MEMPHIS MUNICIPAL CODE FOR THE PURPOSE OF LEVYING AN ADDITIONAL ONE PERCENT (1%) TAX FOR A TOTAL OF THREE PERCENT (3%) UPON THE GROSS RECEIPTS OR GROSS PROCEEDS FROM THE RENTAL OF CERTAIN ACCOMMODATIONS AND THE SALE OF PREPARED FOODS AND BEVERAGES AS AUTHORIZED BY A.C.A. § 26- 75-602,AND FOR OTHER PURPOSES. WHEREAS, A.C.A. § 26-75-602 provides that cities of the first class may, by ordinance of the governing body, levy a tax not to exceed three percent(3%)upon the gross receipts or gross proceeds from renting, leasing, or otherwise furnishing hotel, motel, or short term condominium rental accommodations for sleeping, meeting, or party room facilities for profit and upon.the gross receipts or gross proceeds received by restaurants, cafes, cafeterias, delicatessens, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store restaurants, and similar businesses from the sale of prepared foods and beverages for on or off-premises consumption; and WHEREAS, Section 38-45 of the West Memphis Municipal Code presently sets the tax as permitted by A.C.A. 26-75-602 at two percent(2%) within the City of West Memphis; and WHEREAS, the West Memphis Advertising and,Promotion Commission has recommended that the amount of the tax permitted by A.C.A. §26-75-662 be set at three (3%); and WHEREAS,A.C.A. § 26-75-606 provides that the Advertising and Promotion Commission is the body that determines the use of all funds credited to the advertising and promotion fiord; NOW,WHEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Section 38-45 of the West Memphis Municipal Code is hereby amended to read as follows: ?f, Jrr Y A. There is levied upon every firm,person, or corporation a tax of three percent upon the gross receipts or gross proceeds from renting, leasing, or otherwise furnishing hotel, motel or short-term condominium rental accommodations for sleeping, meeting, or party room facilities for profit in the city, but such accommodations shall not include the rental or lease of such accommodations for periods of thirty days or. more. B. There is levied upon every firm, person, or corporation a tax of three percent upon the portion of the gross receipts or gross proceeds received by restaurants, cafes, cafeterias, delicatessens, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store-restaurants, and similar businesses as shall be defined in the"levying ordinance from the sale of prepared food and beverages for on-or off-premises consumption, but such tax shall not apply to such gross receipts or gross proceeds of organizations qualified under Section 501(c)(3) of the federal Internal Revenue Code. SECTION 2. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the,extent of any such conflict. - SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall not go into effect until June 1, 2021. PASSED AND APPROVED this day of GUi , 2021. V.4 MA CO M McCLENDON, MAYOR ATTEST: J S PULL, , CITY CLERK SPONSORE CEIV D etC 1 Ir'I/WA/ iijAw By