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<br />e <br /> <br />e <br /> <br />e <br /> <br />Ms. Schue expressed concerns about the complexity of liability with a <br />service fee. Mayor Obie said he found it unclear whether the charge was <br />a fee, a tax, or a license. Mr. Gleason said courts had preempted cities <br />from charging a tax on alcohol use, but they had not preempted fees for <br />related services, and he thought the relation between alcohol and public <br />safety costs was defensible. Ms. Wooten said she had similar concerns <br />about a surcharge that was not a tax but that went beyond a user fee. <br />Mr. Gleason said fees might be charged at the point of wholesale <br />distribution, and permit systems were another possibility. <br /> <br />c. Utility Tax <br /> <br />Mr. Wong said the utility tax would be a percentage of gross sales. He <br />said the City already received franchise or in-lieu-of taxes from all <br />public and private utilities except for sewer and water facilities. He <br />said figures assumed an 8 percent tax, minus current receipts, for a net <br />yield. That yield on a 1 percent increase would amount to more than <br />$1 million, he said. Mr. Wong added that some utilities were subject to <br />legal tax limits, such as 5 percent for cable TV. <br /> <br />Mr. Holmer expressed concern about charging the tax only within the city <br />limits. He asked whether the County was considering a utility tax. <br />Mr. Wong said he was aware of no staff activity in that area. <br /> <br />Ms. Bascom said the utility tax did not appear to provide a large source <br />of revenue. She said cable TV and the Trojan power plant were limited by <br />law, sewer rates recently had been raised, and the Pacific Northwest Bell <br />franchise just had been renewed, leaving only the gas franchise. Mr. <br />Wong said the EWES rate could be raised, and the gas franchise soon would <br />be renegotiated. He also said PNB planned to introduce legislation that <br />would significantly affect its franchise fee. <br /> <br />Responding to Ms. Ehrman's question, Mr. Wong said collection probably <br />would be done by utilities, and notations of pass-through costs to <br />customers could be included on bills. <br /> <br />d. Restaurant Tax <br /> <br />Mr. Wong reviewed the revenue analysis for a restaurant tax. He said <br />information for the local area was difficult to obtain, therefore State <br />and County data had been disaggregated to the local level. He said data <br />showed potential revenue of about $1 million for each 1 percent, and the <br />addition of hotels, delis, and caterers probably would add another <br />$60,000 to the yield. Mr. Wong said it was believed that approximately <br />400 to 500 establishments existed within city limits. A collection <br />mechanism would be needed and could be similar to the method used for the <br />room tax. He said the tax would apply to restaurants and fast food <br />establishments, but application to other areas (e.g., catering, Saturday <br />Market, church bazaars, supermarket delis, and salad bars) could be <br />determined based on costs of collection versus yield. Mr. Wong said <br />compensation to the restaurant operator for costs of collection would be <br />included at some level less than 5 percent. He noted that states to the <br /> <br />MINUTES--Eugene City Council <br /> <br />February 1, 1988 <br /> <br />Page 3 <br />