2012/12/05 Council Agenda Packet

J o. In-store stocking or manipulating products or goods,sold to and owned by a customer,regardless of where sale and delivery of the goods took place. p. Delivering goods in vehicles owned,rented,leased,used, or maintained by the person or another acting on its behalf. q. Accepting or executing a contract with the city, irrespective of whether goods or services are delivered within or without the city,or whether the person's office or place of business is within or without the city. • 4. If a person,or its employee, agent,representative,independent contractor,broker or another acting on the'person's behalf, engages in no other activities in or with the city but the following,it need not register and obtain a business license and pay tax: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity,other than those performing contracting or purchasing functions. G. Attending meetings, such as board meetings,retreats, seminars,and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending,but not participating in,a"trade show"or"multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. • 5. A seller located outside the city merely delivering goods into the city bymeans of common carrier is not required to register and obtain a business license;provided,that it engages in no other business activities in the city. Such activities do not include those in subsection 4 of this definition. The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the state of Washington.Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. A person is present"in the city"if,whether itself or by its employees,agents, representatives,independent contractors,brokers or others acting on its behalf, it(a)is physically present in the city,or(b) endeavors to maintain a share of the market within the city, or (c) avails itself of the economic benefits of the city. The city expressly intends that nexus extend to the limits allowed by law and the constitutions of the United States and the state of Washington.Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact by • subsequent contacts. "Extracting"is the activity engaged in by an extractor and is reportable under the extracting classification. Page 96of 56