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HomeMy WebLinkAbout1981-2506 TAX ON AMUSEMENT GAMES ORDINANCE NO. A54; AN ORDINANCE relating to licenses and business regulations; imposing a tax on amusement games; providing for exemptions for certain charitable and nonprofit organizations; adopting the criminal portions of the state gambling code; requiring gambling reports to be filed; enacting as a new subsection 5.49.080 D, and amending Sections • 5.49.020 and 5.49.040, all of the City of Yakima Muni- cipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.49.020 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.49.020 Tax imposed--Amounts--Exemptions. A. Tax imposed. There is levied a tax upon all persons, associations and organizations who conduct or operate gambling activities within the city of Yakima and who have been duly licensed by the Washington State Gambling Commission to con- duct or operate such gambling activities. Such tax shall be paid on the following gambling activities in the following respective amounts: 1. Any bingo or raffle, at the rate of ten percent and any amusement game at the rate of two percent of the dif- ference between the gross revenue received from the conduct of such bingo, raffle or amusement game and the amount paid for or as prizes in the conduct of such ac- tivity; 2. Any punchboard or pulltab, a tax computed at the rate of five percent of the gross receipts received from the conduct of such activity; 3. Any social card game, a tax computed at the rate of twenty percent of the gross income received from the conduct of such activity; 4. Any public cardroom operated as a commercial stimulant, a tax computed at the rate of twenty percent of the gross income received from the conduct of such activity. B. Exemptions. (1.) A bona fide charitable or nonprofit organization as defined by subsection (3) of R.C.W. 9.46.020 conducting or sponsoring bingo games, raffles or amusement games when such organization has no paid operating or management per- sonnel and has gross income from bingo, raffles or amusement games or any combination thereof not exceeding five thousand dollars per year, less the amount paid for prizes, shall be entitled to exemption from the provisions of this chap- ter upon compliance with the requirements of Section 5.49.030 of this code. (2) • Activities carried out by public or private schools or by organizations sponsored by or related to public or pri- vate schools, including parent organizations and student body organizations, shall be exempt from the provisions of this chapter upon compliance with Section 5.49.030 of this code when the proceeds of such activities are applied for the benefit of any such school, or school sponsored or school related • organization. (3) Any deviation from exemption restrictions enumerated herein shall subject such organization to the requirements of this chapter to the same extent as if such exemption had not been granted, including required payment within ten days after written demand of the City Department of Finance of any taxes formerly granted exemption hereunder." Section 2. Section 5.49.040 of the City of Yakima Municipal Code. is hereby amended to read as follows: "5.49.040 Sworn statement and remittance required .quarterly. A. Any person, association or organiza- tion issued a state gambling license or renewal thereof for any part_of a quarterly period of a calendar year 110 shall, on or before the final day of the month follow- ing the end of such quarterly period, file with the City of Yakima a sworn statement, on a form to be prescribed and provided by the City, together with a sworn copy of the quarterly activity report as required by the regulations of the Washing- ton State Gambling Commission for the period during which the tax imposed hereunder accrued, for the pur- pose of ascertaining the tax, if any, due for the preceding quarterly period. B. The tax imposed by this chapter shall be due and payable in quarterly installments on or before the final day of the month following the end of the quarterly period in which the tax accrued, and remit- tance therefor 'shall .accompany the sworn statements required by Subsection A of this section." Section 3. Subsection 5.49.080 D of the City of Yakima Municipal Code is hereby enacted as a new subsection to read as follows: "5.49.080 Unlawful acts--Penalty. D. The following statutes, codified in the Re- vised Code of Washington, and their successors are • adopted by reference: R.C.W. 9.46.170 False or misleading entries or statements, refusal to produce records, as violations--Penalty. R.C.W. 9:46.190 Violations relating to fraud or deceit--Penalty. R.C.W. 9.46.195 Obstruction of public servant in administration or enforcement as violation--Penalty. R.C.W. 9.46.196 Defrauding or cheating other par- ticipant or operator as violation-- Causing another to do so as violation--Penalty. • R.C.M. 9.46.198 Working in gambling activity without license violation-- Penalty. R.C.W. 9.46.200 Action for money damages due to violations--Interest--Attorneys' fees--Evidence for exoneration; Subsections (1), (2) , (3) and (5) only of - R.C.W. 9.46.230 Seizure and disposition of gambling devices--Owning, buying, • selling, etc., gambling devices or records--Penalties. R.C.W. 9.46.240 Gambling information, transmitting or receiving as violation--Penalty." SettiOn4. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as pro- vided by law and b the City Charter. 411 PASSED BY THE CITY COUNCIL, signed and approved this 4-44 day of , 1981. A -) ' 4r,' , , . • . .00fic oz,./.. Age ( Mayor ATTEST: .0" L ,;,Q_ c w 1 4 " -....; • City Cler'. / • 411 -3-