HomeMy WebLinkAboutOrdinance 89-069-CCGRANT COUNTY, WASHINGTON
RESOLUTION NUMBER 89 -69 -CC
ORDINANCE NO. 89 -69 -CC
ADMISSION TAX CHAPTER 3.60
An ORDINANCE regarding the levying and the fixing of a tax
for admissions to any place charging an admissions in the County of Grant,
State of Washington.
WHEREAS, Chapter 36.38 RCW authorizes the Board of County Commissioners
to levy and fix an admissions tax:
Be it ordained by the Board of County Commissioners of Grant County, State
of Washington, that an admissions tax be imposed pursuant to the following
ordinance:
SECTIONS:
3.60.010 Definitions
3.60.020
Imposition
3.60.030
Exemptions
3.60.040
Tickets
3.60.050
Collection and payment
3.60.060
Penalty for late payment
3.60.070
Registration
3.60.080
Successor to Business
3.60.090
Recordkeeping
3.60.100
Rules and Regulations adopted by Treasurer
3.60.110
Effective date
3.60.120
Violation -Penalty
3.60.130
Jurisdiction
3.60.140
Repealer
3.60.010 DEFINITIONS For purposes of this Chapter, word and phrases
shall have the following meanings:
(a) ADMISSIONS CHARGE, in addition to its usual and ordinary
meaning includes but shall not be limited to a charge made for
season tickets or subscriptions, a charge made for use of seats
and tables, reserved or otherwise, and other similar accomoda-
tions, 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
also be deemed an admission charge.
(b) CLERK, DEPUTY OR CLERK OF THE BOARD, means the person
appointed by the Board of County Commissioners to be the
Clerk or Deputy Clerk to the Board of County Commissioners.
(c) COUNTY, means the County of Grant, State of Washington.
(d) NONPROFIT ORGANIZATION, means any organization organized
and operated for charitable, education or other purposes,
which is exempt for taxation pursuant to Section 501(c)(3) of
the Internal Revenue Code of 1954, as amended.
(e) PERSON, means any individual, receiver, assignee, firm,
partnership, joint stock company, association, society,
corporation, or any group of individuals acting as a unit
whether mutual, cooperative, fraternal, nonprofit or other-
wise.
(f) PLACE, means and includes, but is not restricted to
theaters, dancehalls, amphitheaters, auditoriums, stadiums,
athletic pavilions and fields, baseball and athletic parks,
circuses, side shows, swimming pools, outdoor amusement
parks and carnivals.
(g) TREASURER, Means the Grant County Treasurer's Office.
3.60.020 IMPOSITION
(a) There is levied and imposed upon any person(including
children, without regard to age) who pays an admission charge
to any place, including persons who are admitted at reduced
rates to any place for which other persons pay a charge
or a regular higher charge for the same or similar privileges
or accommodations, a tax which shall be in the amount of
five percent(5%) of the admission charge.
(b) No admissions tax shall be levied on any person who is
admitted free of charge 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 admis-
sion charge.
(c) Any person having the permanent use of boxes or seats or
a Lease for the use of any box or seat in any place for which
an admission charge is made, in lieu of the tax imposed in
this ordinance, shall pay a tax equivalent to five percent(5%)
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 col-
lected and remitted in the manner provided in Section 3.60.050
by the owner or the operator of the place.
3.60.030 EXEMPTIONS
(a) Any nonprofit organization that promotes and produces
its own public performance and collects an admission charge
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.
(b) The admissions tax imposed by this ordinance shall not apply
to any person paying an admission to any event sponsored or
conducted by an elementary or secondary school. For purposes
of this chapter, 'elementary' or 'secondary' schools means
schools enrolling students in grades kindergarten through
twelve.
(c) For purposes of greater ease and economy in the admin-
istration, collection and enforcement of the admissions tax,
all participatory athletic or sporting events are exempted
from this ordinance. This exemption shall apply but is not
limited to participants of archers, trap and gun club shoots,
canoe races, fun runs, batting cages, billiards, bowling,
golf and swimming. This exemption does not apply to
spectators at athletic or sporting events who pay an admis-
sions charge.
3.60.040 TICKETS
Whenever a charge is made for admission to any place, a
serially numbered or reserved seat ticket shall be furnished
to the person paying such charge unless written approval has
been obtained from the Treasurer to use a turnstile or other
counting device which will accurately count the number of
paid admissions. 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:
Admissions charge
County Admissions tax
Total price
M
Failure to comply with the provisions of this section is a
misdemeanor punishable by a fine not to exceed one hundred
dollars.
.60.050 COLLECTION AND PAYMENT
(a) Any person, including any principal or quasi -municipal
corporations, who receives any payment far 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 provided for in this
section. The tax imposed under this ordinance shall be
deemed to be held in trust by that person required to col-
lect the tax imposed under this ordinance who fails to collect
the same, or having collected the same fails to remit the same
to the County in the manner prescribed by this ordinance,
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 County for the
amount of such tax, and shall, unless remittance is made as
required in this section, be guilty of a violation of this
ordinance. The tax imposed 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 monthly installments
on or before the fifteenth day of the month next succeeding
the month on which the tax is collected or received. The
Treasurer 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 Treasurer. Checks should be made payable
to the Treasurer. Payment by check shall not relieve the
person collecting the tax from liability for payment and
remittance of the tax unless the check is honored and in the
full and correct amount. Any person receiving any payment.:-
for
aymentfor admissions shall make out a return upon such forms and
providing the information the Treasurer may require. When-
ever any theater, circus show, exhibition, entertainment or
amusement makes an admission charge which is subject to the
tax levied in this ordinance, and the same is of a transitory
or temporary nature, of which the Treasurer shall be the
judge, the treasurer shall require the report and remittance
of the admission tax immediately upon the collection of the
tax 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 Treasurer shall determine. The
Treasurer may require the applicant to deposit a sum of money
or bond in advance of any performance, show or amusement.
This deposit or bond shall be returned upon the faithful
compliance with the provisions of this ordinance.
(b) Failure to comply wiith any requirements of the Treasurer
as to reporting and remitting the tax shall be a violation
of this ordinance.
(c) The books, record and accounts of every person collecting
a tax levied in this ordinance shall, as to admission charges
and tax collections, be subject to examination and audit
by the Treasurer at all reasonable times.
3.60.060 PENALTY FOR LATE PAYMENT
(a) If payment of any tax due under this ordinance 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 of fifteen percent of the tax due.
(b) Treasurer shall notify the taxpayer by mail fo the amount
of any penalties so added or assessed and these shall become
due and payable within ten days from the date of such notice.
(c) In addition to this penalty, the 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 all tax amounts and
penalties within sixty days following the day the tax amount
initially became due shall be a civil and/or criminal viola-
tion of this section.
3.60.070 REGISTRATION REQUIRED
Any person conducting or operating any activity for which
an admission charge is made shall register with the Clerk
of the Board.
3.60.080 SUCCESSOR TO BUSINESS
Whenever any person required to pay a tax under this ordinance
shall quit business or otherwise dispose of his or her business,
any admissions tax payable shall :.immediately become due and
payable, and if such tax is not paid by such person within ten
days from the date of such sale, exchange or disposal of the
business, the purchaser or successor shall also become liable for
the payment of the full amount of such tax plus accrued penalties.
3.60.090 RECORDKEEPING
It shall be the duty of every person liable for any tax imposed
by this ordinance to keep and perserve for a period of five
years 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 ordinance.
3.60.100 RULES AND REGULATIONS ADOPTED BY TREASURER
The Treasurer shall have the power to adopt rules and regulations
not inconsistent with the terms of this ordinance for carrying
out and -.enforcing the payment, collection and remittance of
the tax levied by this ordinance and a copy of the rules and
regulations shall be on file and available for public exam-
ination at the Treasurer's Office. Failure or refusal to
comply with any such rules and regulations shall be deemed
a violation of this ordinance.
3.60.110 EFFECTIVE DATE
This ordinance shall become effective thirty days following the
date it is signed below by the Board of County Commissioners.
3.60.120 VIOLATION PENALTY
In addition to civil penalties that may be imposed, it is
a misdemeanor to violate any of the provisons of this ordin-
ance. Each person who violates or fails to comply with any
of the provisions of this ordinance, unless otherwise specified,
shall be subject to criminal penalties of a fine not to exceed
five hundred dollars or imprisonment not to exceed ninety days
in jail, or both a fine and imprisonment. Each day any person
shall continue to violate of fail to comply with the provisions
of this ordinance shall constitute a separate offense.
3.60.130 JURISDICTION
The admissions tax enacted by this ordinance shall be imposed
in all areas of Grant County except for incorporated areas of
the County where the city or town has levied a similar tax
within its corporate limits.
3.60.140 REPEALER
This ordinance repeals Ordinance 203, dated 5th of April,1954
and Ordinance 203-A, dated December 10,1962.
ATTEST:
"-
Clerk 6fjthe BoarcjQ
Dated this 18th day of July,19
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