HomeMy WebLinkAbout4031 ORDINANCE NO. ~;/0~
AN ORDINANCE establishing an admissions
tax levied when there is an admission
charge and repealing Ordinance Nos. 1521,
3625 Sec. 14, 3893, 2548 and al/ prior
ordinances.
THE CITY Council of the City of Bremerton does hereby
ordain:
SECTION 1. DEFINITIONS For purposes of this chapter,
words and phrases shall have the following meanings:
(a) "ADMISSION CHARGE", in addition to its usual and
ordinary meaning, shall include but not be limited in meaning to
a charge made for season tickets or subscriptions, a cover charge
or a charge made for use of seats and tables, reserved or other-
wise, and similar accommodations; a charge made for food and re-
freshments in any place where any free entertainment, recreation
or amusement is provided, a charge made for rental or use of
equipment or facilities for purposes of recreation or amusement,
including, but not limited to golf, archery, pool, billiards,
shuffleboard, picture machines, amusement rides (whether such
rides are restricted to tracks or not), automatic baseball,
table-type bowling games, all other ball operated games,
and where the rental of the equipment
or facilities is necessary to the enjoyment of the privilege for
which a general admission is charged, the combined charge shall
be considered as the admission charge; and a charge made for
automobile parking where the amount of the charge is determined
according to the number of passengers in an automobile. A
donation for admittance shall be deemed an admission charge.
(b) "TREASURER" means the city treasurer.
(c) "PLACE" includes, but is not restricted to, thea-
ters, dancehalls, amphitheaters, auditoriums, stadiums, athletic
pavilions and fields, baseball and athletic parks, circuses, side
shows, swimming pools, outdoor amusement parks, and carnivals.
(d) "PERSON" means any individual, receiver, assignee,
firm, copartnership, joint stock company, association, society,
corporation, or any Group of individuals acting as a unit,
whether mutual, cooperative, fraternal, non-profit or otherwise.
(e) "NON-PROFIT ORGANIZATION" means any organization
organized and operated for charitable, educational or other
purposes, which is exempt from taxation pursuant to Section
§01(c)(3) of the Internal Revenue Code of 1954, as amended.
SECTION 2. IMPOSITION
(a) There is hereby levied and imposed upon any person
(including children, without regard to age) who pays an admission
charge to any place, including a tax on persons who are admitted
free of charge or at reduced rates to any place, except theaters
and bowling lanes, for which other persons pay a charge or a
regular higher charge for the same or similar privileges or
accommodations, which said tax shall be in the amount of one cent
for each twenty cents or fraction thereof paid for the admission
charge. The tax on theater admissions shall be in the amount of
one cent for each twenty-five cents or fraction thereof paid for
admission. The tax on bowling lanes and bowling alleys
admissions shall be in the amount of one cent for each fifty
cents or fraction thereof paid for admission, except this tax
shall not be imposed on students who bowl at regularly scheduled
times as part o~ the school's intramural program and those
persons under eighteen years of age who bowl through the auspices
of the American 3unior Bowling Congress.
(b) No tax shall be levied on any person who is admit-
ted free and from whom no compensating payment is obtained. The
tax on reduced admission charges shall be charged on such reduced
charge and not on the regular admission charge.
(c) Whenever tickets or cards of admission are sold
elsewhere than at the ticket or box office of the place, any
price or charge made in excess of the established price or charge
therefor at such ticket or box office shall be taxable ~n a sum
equal to ten percent of the amount of such excess, which tax
shall be in addition to the tax on the ticket or box office
admission charge, shall be paid by the person paying the
admission charge, and shall be collected and remitted in the
manner provided in Section 7 by the person selling such tickets.
(d) Any person having the permanent use of boxes or
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seats or a lease for the use of any box or seat in any place for
which an admission charge is made, in l~eu of the tax imposed
herein, shall pay a tax equivalent to ten percent of the amount
for which a similar box or seat is sold for each performance or
exhibition at which the box or seat is used or reserved by or for
the lessee or holder, the same to be collected and remitted ~n
the manner provided in Section 7, by the owner or the operator of
the place.
(e) Any non-profit orGanizatlon that promotes and pro-
duces its own public performance and charges an admission fee to
attend is exempt from collecting an admission tax from persons
paying the admission charge. Persons attending these public
performances are exempt from paying an admissions tax.
(f) Such tax shall not apply to any person paying an
admission to any athletic event sponsored or conducted by an
elementary or secondary school wherein the athletic participants
are students in such a school. For purposes of this chapter,
elementary or secondary schools shall mean schools enrolling
students in Grades kindergarten through twelve.
SECTION 3. PUBLIC PERFORMANCE Any person who pays an
admission charge to any public performance fo~ profit where the
cha~ge of admission is wholly or in part included in the price
paid fo~ ~efreshments, service or merchandise shall pay a tax of
one and one-half cents for each ten cents or fraction thereof of
the amount paid for admission, and the amount paid ~or such
admission shall be deemed to be twenty percent of the amount paid
for~ refreshment, service or merchandise. And if a fixed
admission charge, including a "cover charge", is imposed upon
each person admitted, and it is fair and ~easonable in comparison
with chamges Generally made for similar performances or
entertainments, such cha~Ge is taxable at the rate of one cent
for each twenty cents or fraction thereof; provided, that if no
fixed admission charge o~ cover charge is imposed, but the prices
cha~Ged for refreshments, service or merchandise are higher
during the time entertainment or dancing is p~ovided than at
other times, or if the prices charged are substantially higher
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than are charged by other places furnishing the same class of
food or services but which do not furnish entertainment or
dancing, an admission charge shall be deemed included in the
price paid for refreshments, service or merchandise, and twenty
percent of the total amount so paid shall be subject to the tax
at the rate of one and one-half cents for each ten cents or
fraction thereof.
SECTION 4. AMOUNTS MORE THAN TEN CENTS FOR ADMISSION
TO BUILDING
Whenever an amount of more than ten cents is required
to be paid to gain admission to any building or enclosure in
which a swimming pool or skating rink is located or to the pool
or rink itself, the amount paid, plus the amount, if any, paid
for rental or use of equipment or facilities supplied to the
person paying for the admission and necessary to the enjoyment of
the prdvi]ege for which the admission is charged, shall be deemed
the admission charge, and a tax is hereby levied on such
admission charge of one cent for each twenty cents or fraction
thereof, which shall be paid by the person paying the admission
charge and which shall be collected and remitted by the person to
whom the same is paid in the manner provided in Section 7.
SECTION 5. AMOUNTS MORE THAN TEN CENTS FOR PICNIC AND
RESORT AREAS
Whenever an amount of more than ten cents is required
to be paid to gain admission to any resort or picnic grounds the
whole amount so paid is subject to a tax of one cent for each
twenty cents or fraction thereof, even though such amount
includes a charge for use of equipment and facilities such as
tables, stoves, and bath houses. If a lesser amount is charged
to persons who do not use such equ. ipment and facilities than
those who do use such equipment and facilities, the lesser charge
is deemed the admission charge. Where a separate charge is made
for the use of equipment and facilities, such charge is not
subject to the tax herein levied unless it constitutes or is part
of an "admission charge" or is a "place", as defined in Section
1. Whenever a non-profit organization or club acquires the sole
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right to use a resort or picnic grounds, solely for the enjoyment
of its members or employees and their friends, the amount paid
for such right does not constitute an admission charge subject to
the tax herein levied. Amounts paid for the privilege of parking
cars in a resort or picnic grounds do not constitute an admission
charge unless the amount of such charge is determined by the
number of passengers in the automobile or the same charge is made
to all persons who enter the resort or grounds, whether on foot
or by other means of transportation. If a charge is made for
eacn passenger in an automobile, in addition to a charge for
parking facilities, the amount paid for the passengers is an
admission charge and subject to the tax herein levied. The tax
herein levied shall be paid by the person paying the admission
charge and shall be collected and remitted by the person to whom
the same is paid in the manner provided in Section 7.
SECTION 6. PRICE TO SHOW ON TICKET
Whenever a charge is made for admission to any place, a
serially numbered or reserved seat ticket shall be furnished the
person paying such charge unless written approval has been
obtained from the Tax and License Division to use a turnstile or
other counting device which will accurately count the number of
paid admissions. The established price, city tax, and total
price at which every such admission ticket or card is sold shall
be conspicuously and indelibly printed or written on the face or
back of that part of the ticket which is to be taken up by the
management of the place to which admission is gained. It shall
be unlawful for anyone to sell an admission ticket or card on
which the name of the person conducting the event and the price
is not so printed, stamped or written, or to sell or offer to
sell an admission ticket or card at a price in excess of the
price printed, stamped or written thereon. The Admission Tax due
shall be based on the established price printed on each ticket.
When a charge is made for admission, a sign must be posted in a
conspicuous place on the entrance or ticket office which breaks
down the admission charge as follows:
Established Price .............
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City Tax .............
Total Price .............
SECTION 7. COLLECTION AND PAYMENT OF TAX
Anyone, including any municipal or quasi-municipal
corporation, who receives any payment for admissions on which a
tax is levied under this chapter shall collect the amount of the
tax imposed from the person making the admission payment and
shall remit the same as herein provided. The tax required to be
collected under this chapter shall be deemed to be held in trust
by that one required to collect the same until paid to the City
of Bremerton as ~erein provided. Anyone required to collect the
tax imposed under this chapter who fa~ls to collect the same, or
having collected the same, fails to remit the same to the City of
Bremerton in the manner prescribed by this chapter, whether such
failure be the result of his or her own act, or the result of
acts or conditions beyond his or her control, shall nevertheless
be personally liable to the city for the amount of such tax, and
shall, unless remittance be made as herein required, be guilty of
a violation of this chapter. The tax imposed hereunder shall be
collected at the time admission charge is paid by the person
seeking admission to any place and shall be reported and remitted
by the person receiving the tax to the Treasurer in quarterly
installments, and remittance therefor, on or before the thirtieth
day of the month next succeeding the end of the quarterly period
on which the tax is collected or received. Provided, that the
Tax & License Official may extend the time for makinG and filing
the return and remittance of the tax for a period not to exceed
thirty days. Payment or remittance of the tax collected may be
made by check, unless payment or remittance is otherwise required
by the Tax & License Official, said check being made payable to
the City Treasurer. Payment by check shall not relieve the
person collecting the tax from liability for payment and
remittance of the tax to the City off Bremerton unless the check
is honored and in the full and correct amount. Anyone receiving
any payment for admissions shall make out a return upon such
forms and setting forth such information as the Tax & License
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Official may require, showinG the amount of the tax upon
admissions for which he is liable for the preceding quarterly
period and shall sign and transmit the same to the Tax & License
Official with a remittance for said amount. Provided, that the
Tax and License Official may, at his discretion, require returns
from any one receiving admission payments, setting forth such
additional information as he may deem necessary to determine
correctly the amount of tax collected and payable. Whenever any
theatre, circus, show, exhibition, entertainment or amusement
makes an admission charge which is subject to the tax herein
levied, and the same is of a transitory or temporary nature, of
which the Tax & License Official shall be the judge, the Tax and
License Official shall require the report and remittance of the
admission tax immediately upon the collection of same, at the
conclusion of the performance or exhibition, or at the conclusion
of a series of performances or exhibitions, or at such other time
as the Tax & License Official shall determine; and, prior to a
permit beinG G~ven of a temporary or transitory nature, the
applicant shall deposit a sum of money or bond in lieu thereof
conditioned upon the faithful compliance with the provisions of
this chapter in an amount to be determined by the Tax & License
Official sufficient to cover the amounts which shall become due
and owing to the city upon conclusion.
Failure to comply with any requirements of the Tax &
License Official as to report and remittance of a tax as
required, shall be a violation of this chapter.
The books, records and accounts of any one collecting a
tax herein levied, shall, as to admission charges and tax
collections, be, at all reasonable t~mes subject to examination
and audit by the Tax & License O~flcial.
SECTION 8. PENALTY FOR LATE PAYMENT
(a) If payment of any tax due under this chapter is not
received by the treasurer by the last day of the month in which
the tax was due, there shall be added to such tax a penalty as
follows:
1-30 days, 10% of tax due, minimum penalty of $3.00;
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31-60 days, 1§% of tax due, minimum penalty of $4.00;
61 days or more, 20~ of tax due, minimum penalty of $5.00.
(b) The treasurer shall notify the taxpayer by mail of
the amount of any penalties so added or assessed, and the same
shall become due and shall be paid within ten days from the date
of such notice.
(c) In addition to this penalty, the city treasurer may
charge the taxpayer interest of one percent of all taxes due for
each thirty-day period or portion thereof that such amounts are
past due.
(d) Failure to make payment in full of al/ tax amounts
and penalties within sixty days following the day the tax amount
inJtialiy became due, shall be both a civil and criminal
violation of this section.
SECTION 9. BUSINESS LICENSE REQUIRED
Any person conducting or operating any activity for
which an admission charge is made shall make application to and
procure from the Tax and License Official a City of Bremerton
Business License, the fee for which shall be an annual $25.00,
prorated monthly on a calendar year.
SECTION 10. SUCCESSOR TO BUSINESS
Whenever any person required to pay a tax under this
chapter shall quit business or otherwise dispose of his or her
business, any tax payable hereunder shall become immediately due
and payable and such person shall immediately make a return and
pay the tax due; and ~f such tax is not paid by said person
within ten days from the date of such sale, exchange or disposal,
said purchaser or successor shall likewise thereupon become
liable for the payment of the full amount of such tax plus
accrued penalties.
SECTION 11. KEEPING OF RECORDS
It shall be the duty of every person liable for any tax
imposed by this chapter to keep and preserve for a period of four
years, plus the current year, such suitable records as may be
necessary to determine the amount of any tax for which he or she
may be liable under the provisions of this chapter.
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SECTION 12: RULES AND REGULATIONS ADOPTED BY TAX AND
LICENSE OFFICIAL
The Tax & License Official shall have power to adopt
rules and regulations not inconsistant with the terms of this chap-
ter for carrying out and enforcing the payment, collection and re-
mittance of the tax herein levied; and a copy of the rules and regula-
tions shall be on file and available for public examination in the
Treasurer's office. Failure or refusal to comply with any such rules
and regulations shall be deemed a violation of this chapter.
SECTION 13: EFFECTIVE DATE FOR TAX-EXEMPT ORGANIZATIONS
This Ordinance applies retroactively to any tax-exempt
organization as defined in Section 1 above which has incurred tax-
able activity prior to the effective date of this Ordinance for
which activity no tax has yet been paid. Nothing in this Section
shall operate to cause refunding of taxes already collected by the
City.
SECTION 14: PENALTY FOR VIOLATIONS
Anyone who shall violate or fail to comply with any of the
provisions of this chapter shall, upon conviction, be punished by a
fine in a sum not exceeding five hundred dollars, and each day any
person shall continue to violate or fail to comply with the provi-
sions of this chapter shall be deemed and considered a separate offense.
SECTION 15: SEVERABILITY CLAUSE
The invalidity or unenforceability of any provision hereof
shall, in no way, affect the validity or enforceability of any other
provisions.
APPROVED by the City Council on the first reading this
I 2-- day of ~V~-~~ , 19 ~ .
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication of
such passage this _. /~ . _ ~ day of ~~~ , 19 %~
G~NE L~BE',-M~y0r '
ATTEST:
KATHLEEN' L. McCLUSKEY, CitY 'c[e~k--