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Lehigh Gorge Railroad Closing

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Posted by tree68 on Thursday, October 24, 2019 7:02 AM

Our sales tax has two components - the state portion and the local portion.  Obviously the state portion goes to the state.  The bulk of the local portion goes back to the municipality where it was collected (the county keeps a cut, too). 

Some of the townships have a base property tax rate of zero as a result, although their annual tax bills still include special districts and the like.

We also have a "bed tax," collected at hotels and motels.  Much of that goes back to the municipalities where it is collected as well, with the county keeping the rest.

"Amusement tax" is more palatable than "tourist tax."  It would be interesting to see exactly how the local law reads.

 

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Posted by CSSHEGEWISCH on Thursday, October 24, 2019 7:01 AM

It appears that a lot of this discussion is getting hung up over semantics.  The crux of the issue is that the borough of Jim Thorpe needs a new revenue source for any of a number of reasons and a previously uncollected amusement tax seems to fill the need.  The appropriate statute needs to be reviewed to find out just what is covered by the aforementioned amusement tax.

The daily commute is part of everyday life but I get two rides a day out of it. Paul
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Posted by steve-in-kville on Thursday, October 24, 2019 6:39 AM
As I understand it, RBMN does a lot of coal runs and they have a vendor that ships wine to upstate NY as well. That what the conductor told me when we did our trip.

Regards - Steve

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Posted by rdamon on Thursday, October 24, 2019 5:45 AM
They can call it whatever they want, but what it was intended for is the city to tax visitors. “Amusement Tax” sounds better than “We needed to extract more tourist dollars Tax”. It seems that this was enacted a while back and never enforced on the railroad. Maybe that was just other city leaders looking the other way. Most towns do this with a sudden drop in speed limits on a curve.
 
My hotel bills include a variety of tourism taxes neatly itemized on my bill and Ticketmaster has no problem charging a ‘convenience fee’.  This smells like more of a personal battle.
 
From their website:
 
Relax and ride comfortably in our vintage coaches built as early as 1917 pulled by diesel engines.  The narrated round-trip follows the majestic Lehigh River over bridges, through Glen Onoko, and into the Lehigh Gorge State Park.  High-rising cliffs, mountain scenery, and wildlife surround the train along the forested route to Old Penn Haven.
 
Sounds no different than a museum or a historical home tour and I doubt that raising ticket prices to cover the tax would impact the number of riders.
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Posted by daveklepper on Thursday, October 24, 2019 12:30 AM

Perhaps I should have written "may continue" instead of "continues."   Does the railroad have freight customers in Jim Thorp itself?

And if it does, even then, are there ways they can leave while assuring service for those customers remains?

And viewing Nature's Autumn Colors is enjoyment, not amusement.

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Posted by daveklepper on Thursday, October 24, 2019 12:24 AM

Yes.  Amusement includes enjoyment.  But enjoyment definitely does not necessarily include amusement.

Regarding the Property Tax.  The tax on emply undeveloped property is usually a lot lower than property that has been developed.  The property taxes the railroad pays reflect that they are used for a profitable freight business and reflect the state of development.  The railroad was and continues paying its fair share of the burdens of the community before this addiitonal tax was levied on it.  There are probably other taxes involved, also.

Equating a grand work of nature with an amusement park or a theater is to trivialize it.  I would add a religious dimension to this discussion if the rules permitted, but instead:

Is it possible that this is the same kind of trivialization that the Colorado Highway Department implemented?

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Posted by MidlandMike on Wednesday, October 23, 2019 11:30 PM

daveklepper

Enjoymnent and amusement are two different words.  When I hear the Beehoven Ninth Symnphony, I have enjoyment but not amusement.

When I look at Gore Canyon from the California Zephyr, I enjoy, but am not amused.

If there is a streetcar line runing to an Amusement Park outside the town's boundaries, so the Amusement Park does not pay an amusement tax, is the streetcar company obligated to collect an amusement tax on all fares for those going to and from the amusement park?

And again, amusement and enjoyment are two different words.

I am amused by a joke.  I enjoy reading "War and Peace" or "David Copperfield."

 

Did the people enjoy going to the amusement park?

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Posted by MidlandMike on Wednesday, October 23, 2019 11:07 PM

daveklepper

I should also point out, as a general matter, that when a poster writes "Mr. ___ seems to think..." the writer is converting an issue into a personal issue, not a question of just which fact or opinion is correct.

And in this case I did point out in previous posts that the railroad does pay other taxes.  So (1) the scenergy isn't for free, and (2) it's the freight, not the scenery, that provides a living for the railroad and its employees.  And for both the scenery and the frieght, the railroad provides transportation, not amusement.

 

I am simply stating what you seem to be saying so you can point out where I might have missed something.  The railroad pays no extra taxes specifically for the tourist trains that can be identified.  The passengers pay for the ticket, but as you say the railroad only provides transportation, so I have to conclude that they are getting to see the scenery for free.

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Posted by daveklepper on Wednesday, October 23, 2019 10:46 PM

Enjoymnent and amusement are two different words.  When I hear the Beehoven Ninth Symnphony, I have enjoyment but not amusement.

When I look at Gore Canyon from the California Zephyr, I enjoy, but am not amused.

If there is a streetcar line runing to an Amusement Park outside the town's boundaries, so the Amusement Park does not pay an amusement tax, is the streetcar company obligated to collect an amusement tax on all fares for those going to and from the amusement park?

And again, amusement and enjoyment are two different words.

I am amused by a joke.  I enjoy reading "War and Peace" or "David Copperfield."

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Posted by MidlandMike on Wednesday, October 23, 2019 10:30 PM

daveklepper
Median Mike, you are 100% wrong: Viewing scenery is not an amusement.  It is education.  Otherwise we would not have the Nastional Park System and all the Government-funded facilities to view Nature's wonders.

Perhaps it is you who need educating.  The National Park mission statement (specifically for Yellowstone) says they are there to preserve wildlife, natural and historical features " for the enjoyment, education, and inspiration of this and future generations."  Education is only part of it, "enjoyment" (perchance amusement) is listed first.  

As far as transportation is concerned, the Surface Transportation Board does not regulate or concern itself with tourist railroads.

daveklepper
And the railroad pays real-estate taxes and other taxes to the community to support the services it and its employees receive.  Additional expenses to the town due to railroad operations are not only supported by those taxes, but also by the additional taxes received because of the increased business in all sectors of the town the railroad has made possible.

Everyone in town pays property taxes.  The railroad would pay those taxes whether they ran tourist trains or not.  All those tourists do not pay property taxes, so all their use of town services is not supported by them.  Extra business they bring to town is not captured by business property taxes.  If there is a state sales tax, it goes to the state general fund.

daveklepper
...passenger operation was not a money-maker and was provided as a service and contribution for and to the community.

If the tourist operation is truly a service for the comunity, they they should be engaging with the community and their duly elected officials.  Otherwise it is just a vanity project.  It is in the railroads interest to successfully engage in the local political process.  Otherwise things happen like at the Catskill Mountain RR. 

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Posted by tree68 on Wednesday, October 23, 2019 10:20 PM

Paul_D_North_Jr
It would be real interesting to do the math of average adult, child, etc. riders per trip times their respective rates times how many trips per day, and compare that to the typical costs of operating a locomotive with an engineer and a 4 or 5 person train crew (including conductor), plus something for track and equipment maintenance, etc. 

Our folks did that math a few years ago and figured out that in order to break even, our "local" trip (20 miles round-trip, about an hour and a half) we needed 35 passengers.

That factored in actual train operation, administrative and mechanical overhead, insurance, and other such costs.  Inasmuch as most of our crews are volunteer, direct labor isn't a factor.

It would be hard to argue against the "amusement" angle for some of our trains.  Wine and beer trains, Haunted History, theme (Princesses and Superheros, train robberies, the "murder mystery" trains we used to run, all have an entertainment aspect to them.

Unfortunately, I think that riding a train to view the scenery kinda does fall under "amusement."  We have hundreds of riders in the fall who are aboard specifically to see the fall colors.  That they also visit downtown to shop and eat is almost secondary.

But the question on the Lehigh Gorge issue remains: Why now?  Granted, they caught it in an audit, but how did no one notice the shortfall for over ten years?

 

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Posted by Murphy Siding on Wednesday, October 23, 2019 10:17 PM

GERALD L MCFARLANE JR

 

 
zugmann

Yeah, we're getting married next month.  Coming to the reception? 

I think you're looking at this with a 1960's nostalgic view of and excursion railroad, not a current day scenic, and yes, entertainment operation.  People are not riding this from A->B.  They are riding for the sake of riding.  Like a roller coaster.  

And knowing you meant well, I'll excuse you for your remarks of my interest in the railroad industry this time. 

 

 

Actually, I would hazard a guess that people aren't riding it for the train...but to see the Lehigh Gorge, which makes it transportation, therefore not an amusement ride.

Also, Andy Muller himself basically said he makes his money from freight, not the passenger service, which tells me either he breaks even or has a small loss, but makes very little to no profit from it.

 

Wow! Surprise  I lost track and this took me by surprise. Dunce I had to go back and find the marriage reference because I thought zugmann was springing something on us. Laugh

Thanks to Chris / CopCarSS for my avatar.

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Posted by Paul_D_North_Jr on Wednesday, October 23, 2019 8:33 PM

It would be real interesting to do the math of average adult, child, etc. riders per trip times their respective rates times how many trips per day, and compare that to the typical costs of operating a locomotive with an engineer and a 4 or 5 person train crew (including conductor), plus something for track and equipment maintenance, etc. 

I express no opinion on the likely result, other than it might be informative. 

Comparison with other similar operations that make enough 'profit' after expenses would also be instructive.

- PDN. 

"This Fascinating Railroad Business" (title of 1943 book by Robert Selph Henry of the AAR)
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Posted by passrailenthu on Wednesday, October 23, 2019 8:33 PM

It sounds like the LGRY hasn't been keeping on top of paying the amusement tax when it is supposed to. That combined with the councilpeople of Jim Thorpe being unsupportive toward the railroad doesn't mix at all. It's a shame because the Lehigh Gorge Scenic Railroad has been one of the best tourist railroad operations in Pennsylvania. Many of the people who are riding the operation aren't just riding it only for the sake of the train ride. They are riding it because they want to enjoy nature. I had the fortune of riding the Lehigh Gorge Scenic Railroad bike train about a year ago and it was well patronized with bikers heading to White Haven. Coming back, I stayed on the train and it wasn't very crowded. Of course, there is a reason for that-many people wanted to bike back to Jim Thorpe.

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Posted by GERALD L MCFARLANE JR on Wednesday, October 23, 2019 8:22 PM

zugmann

Yeah, we're getting married next month.  Coming to the reception? 

I think you're looking at this with a 1960's nostalgic view of and excursion railroad, not a current day scenic, and yes, entertainment operation.  People are not riding this from A->B.  They are riding for the sake of riding.  Like a roller coaster.  

And knowing you meant well, I'll excuse you for your remarks of my interest in the railroad industry this time. 

Actually, I would hazard a guess that people aren't riding it for the train...but to see the Lehigh Gorge, which makes it transportation, therefore not an amusement ride.

Also, Andy Muller himself basically said he makes his money from freight, not the passenger service, which tells me either he breaks even or has a small loss, but makes very little to no profit from it.

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Posted by Euclid on Wednesday, October 23, 2019 8:19 PM

I think they will both regret it.

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Posted by BaltACD on Wednesday, October 23, 2019 7:14 PM

You can be right, or you can be happy.  In conflict, rarely will you be both.

Never too old to have a happy childhood!

              

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Posted by Flintlock76 on Wednesday, October 23, 2019 5:03 PM

They'll regret it just like some business establishment landlords I've seen around here who jacked up the rents, causing the tenants move out, and had the stores (or buildings) sit vacant for lack of takers for two, three, four, or more years generating no income at all. 

Smart.  Real smart.

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Posted by MMLDelete on Wednesday, October 23, 2019 4:45 PM

Everyone, including the town of Jim Thorpe, can interpret the word "amusement" any way they want.

But this is the way I see it. From what I can tell, the train rides are either 45 or 70 minutes long. That tells me that there is no time for people to get off the train and spend time in the gorge. There is also, I suspect, no provision for disembarking from one train, then returning later on another.

So people are getting on a conveyance, and the only option available is to get off precisely where they began. To me, that is not "transportation" in the normal sense. It is an outing (a diversion, an amusement, whatever) in which the ride itself is a primary part of the mission. You cannot go from A to B; only from A to A.

In any event, like I said above, to me it's not about semantics. It's about rasslin' over legal tender.

With all due respect to Dave, Andy Muller, and anyone else who sees this differently.

If the town does not work with Muller and find a solution, I am guessing they will regret it.

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Posted by Deggesty on Wednesday, October 23, 2019 2:34 PM

As to paying a town tax on a ticket that took the passenger out of the town, I do not think that the the town could levy a tax on the cost of transportation beyond the town limits. Back when Mississippi had a tax on intrastate tickets, there was no state tax on interstate tickets bought in the state.

 

 

Johnny

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Posted by daveklepper on Wednesday, October 23, 2019 2:30 PM

Did Jim Thorp, the town, not the ball-player, have a streetcar system?  Was there an amusement park located outside the town's borders, on land in an area not in any defined municipality.  So could the streetcar system have to collect an amusement tax on fares to and from the amusemente park?

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Posted by cx500 on Wednesday, October 23, 2019 2:19 PM

With tongue firmly in my cheek, since I assume at least a portion of the ride is outside the town limits presumably the town's amusement tax was set on a prorated portion of the ticket price..........

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Posted by daveklepper on Wednesday, October 23, 2019 11:52 AM

OK.  In your definition, not mine, a train ride can be an amusement.   I agree if it is only a train ride.   But in this case there is a destination.  The scnenic Gorge.  And the train ride provides transportation to and from that destination. 

Should the Town ask bookstore owners to add an amusement tax to the price of any joke books or comic books they sell?   Their business is selling books, not providing amusement.

The business of the railroad is providing transportation, not amusement.

Anyone want to say that the business of the National Paarks, other than preservation itself, is to provide amusement?

Watching an athletic event can be termed amusement.  What about actively participating in athletics?  I'm interested in your (plural) concept of how far the word "amusement" can be stretched.  Does it not only cover railfanning, in its various forms, but boat racing, car racing, all hobbies of all kinds?

Historically, amusement taxes were levied only against theatres, circuses, etc.

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Posted by zugmann on Wednesday, October 23, 2019 11:47 AM

Lithonia Operator
Where is the link? I can't find it. Can you supply it again?

Sorry, it was in one of the other threads. Here it is again:

https://www.baltimoresun.com/news/bs-xpm-1995-04-20-1995110156-story.html

  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.

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Posted by steve-in-kville on Wednesday, October 23, 2019 11:42 AM
When we took our trip, we left from the Reading Outer Station. Paid $70 for our tickets. Once in Jim Thorpe, ate at Molly Maguires. Another $20 w/tip. Prison museum was another $20. Visited another museum, that was $14. Bought a few bottles of water at a buck each. So I'd say the town got their money's worth out of us.

Regards - Steve

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Posted by MMLDelete on Wednesday, October 23, 2019 11:41 AM

Does Trains have an online archive where subscibers can read articles from issues they received in print form?

Now seeing these developments, I would love to re-read the recent article about RBMN. I don't save magazines.

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Posted by MMLDelete on Wednesday, October 23, 2019 11:37 AM

zugmann
Did you not see my link to Maryland Midland's enterTRAINment operation? 

Where is the link? I can't find it. Can you supply it again?

Personally, I think it's hard to say that a scenic train ride is not an amusement. It is one. But if it's the only amusement in town that makes no profit, while simultaneously generating business for the other amusements, then it ought to get a dispensation.

I do not agree with the guy in the news video that thinks that the word "amusement" is an issue. The issue here is not semantics. The issue here (and this is a first in the history of Western Civilization!) is money.

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Posted by MMLDelete on Wednesday, October 23, 2019 11:22 AM

I wonder if Muller would be willing to let the town look at his books. If it is indeed true (realistically, none of us here know) that the passenger train makes no profit, then maybe the town would relent.

Assumedly, the other businesses paying the tax do make profits on their operations, unless some of then also have another, profit-making division to draw off of. But I can't think of what kind of businesses would fit that model, other than the railroad.

I am guessing the town is cutting off its nose to spite itself. But what do I know? Maybe the money brought into town that's directly attributable to the exisence of the passenger train is not that significant in the grand sceme of things. But I will say this: during our brief stay an Irish pub got about $25, and the city got a buck or two via a parking meter. Whereas the railroad got zip from us. And we went to JT for the sole purpose of seeing the train. Seeing, not riding.

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Posted by Flintlock76 on Wednesday, October 23, 2019 9:06 AM

Zug, I love 'ya man, I learn a lot from your inputs, and I saw the Maryland Midland link.  But did you  see what happened to the enterTRAINment operation when the locals tried to put the tax squeeze on it?  It's gone!  They killed it! AND the equipment was scattered to the four winds, never to return.  

Here's the thing, Andy Mueller doesn't have  to run passenger trains at all, to any location on or affilated with the Reading & Norther.  He does so because 1)  He's a railfan, and he enjoys running passenger trains and  2)  I'd assume he does make money on them, but more than likely a fraction of what he makes running freight.

Only he knows for sure.

It wouldn't be the first time the R&N stopped running excursions.  They had a pretty lively excursion business going back in the 90's until their growing freight business made it impractical and they had to give it up.  Honestly I was pleasantly surprised to see it return.

I'm wondering if the town of Jim Thorpe is facing a budget shortfall and hitting the railroad for money is just a quick n' easy way to try to make up for it?  Only the mayor and town council know that for sure as well. 

I wonder what the citizens of Jim Thorpe have to say about this, especially the merchants?  

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Posted by zugmann on Wednesday, October 23, 2019 8:03 AM

daveklepper
There is no precedent of any railroad operating an excursion passenger service that was successfully taxed with an amusement tax.

Did you not see my link to Maryland Midland's enterTRAINment operation? 

  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.

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