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HomeMy WebLinkAboutResolution 00-005-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 2000-5-CC RESOLUTION NO. 2000-5-CC AN ORDINANCE AMENDING CHAPTER 3.60 OF THE GRANT COUNTY CODE AND ADDING NEW SECTIONS THERETO, RELATING TO PENALTY DESIGNATIONS, COLLECTION DATES, EXEMPT ORGANIZATIONS, DEFINITION OF NONPROFIT ORGANIZATION, AND OTHER MATTERS PR01'ERLY RELATING THERETO. BE IT ORDAINED: Section 1. Section 3.60.010 ofthe Grant County Code, adopted by Resolution No. 89-69-CC (Ordinance No. 89-69-CC) on July 18, 1989, is hereby amended to read as follows: 3.60.010 Definitions. For purposes of this chapter, word and phrases shall have the following meanings: "Admissions charge," in addition to its usual and ordinary meaning, includes but shall not be limited to, a charge made for season ticicets or subscriptions, a charge made for use of seats and tables, reserved or otherwise, and other similar accommodations, 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. Clerk, Deputy or Clerlc of the Board. "Deputy clerlc" or "clerk of the board" means the person appointed by the board of county commissioners to be the clerlc or deputy clerk to the board of county commissioners. "County" means the county of Grant, state of Washington. "Nonprofit organization" means any organization organized and operated for charitable, education or other similar purposes as determined bv the le islative authoritv of the county and/or((�))is exempt for taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as amended. ADMISSIONS TAX ORDINANCE AMENDMENT - 1 F:\CIVIL8\ORDINANCE\ADMISSIONS.1AM Section2. Section3,60,030oftheGrantCountyCode,adoptedbyResolutionNo.89-69-CC (Ordinance No. 89-69-CC) on July 18,1989, is amended by adding a new sub-section, i, e., 3.60.030(d), to read as follows: NEW SUB-SECTION 3.G0.030 Exemptions. �d�v �overnmental unit. Section 3, Section3.60,050(a) ofthe Grant County Code, adopted byResolutionNo, 89-69- CC (Ordinance No. 89-69-CC) on July 18, 1989, is hereby amended to read as follows; 3.G0.050 Collection and payment. (a) Any person, including any principal or quasi-municipal corporations, who receives any paqment 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 provided for in this section. The tax imposed under this chapter shall be deemed to be held in trust by that person required to collect the tax imposed under this chapter 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 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 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 chapter, 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 d�y of the month next succeeding the month ((�))in which ((t�re)) a taxable event within the contemplation o� this chapter, includin� without limitation, concerts and events, occurs ((t�s )). 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 admissions shall make out a return upon such forms and providing the information the treasurer may require. Whenever any theater, circus show, exhibition, entertainment or amusement makes an admission charge which is subject to the tax levied in this chapter, the same is of a transitory or temporary nature, of which the treasurer shall be the judge, the ADMISSIONS TAX ORDINANCE AMENDMENT - 2 F:\CIVILa\ORDINANCE\ADMISSIONS.lAM 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 chapter. Section 4. Section 3.60.120 ofthe Grant County Code, adopted by Resolution No. 89-69-CC (Ordinance No. 89-69-CC) on July 18, 1989, is hereby amended to read as follows: 3.60.120 Violations — As Infractions ((�rt�iip)), �� , � , � � , .)) The violation of anv provision of this chapter or the failure to perform anv act rec�uired bv this chapter, is desi�nated as an infraction, Each da�a person includin�anv principal or quasi- municibal corboration, shall continue to violate or fail to com�lv with the provisions of this cha�ter shall constitute a separate offense Section 5, A new section is added to chapter 3.60 of the Grant County Code, z. e., GCC No. 3.60.123, to read: NEW SECTION. 3.60.123 Citation Procedure. The procedures for issuance of a Notice of Infraction hearin�s assessments and pavment of monetar�penalties, shall be in accordance with the provisions of chapter 7.08 RCW. Hearin�s on Notices of Infractions issued pursuant to chapter 3 60 of the Grant Countv Code shall be held in Grant Countv District Court. Section G. A new section is added to chapter 3.60 of the Grant County Code, ie., GCC No. 3 , 60.126, to read: NEW SECTION. 3.G0.12G Penalties. Failure to comply with the provisions of this cha�ter of the Grant Countv Code shall subject the violator to the followin�penalties: ADMISSIONS TAX ORDINANCE AMENDMENT - 3 F:\CIVIL8\ORDINANCE\ADMISSIONS,lAM ,� First offense 47,00 �2,� Second offense $ 95.00 �3,� Each subsequent offense $190,00 Section 7. This ordinance shall take effect the 1 st day of January, 2000, A public hearing was held on the above ordin�tnce at 2:30 o'clock pm on the llthday of , January NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY BOARD OF COMMISSIONERS adopt this ordinance, PASSED AND ADOPTED this llth day of �Tanuary, 2000 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON � � �� ' - �l�a -� Chair Deborah Kay' oore � Tim 5nead�M�ber ATTEST: � Clerl� o, , e Board PUBLISHED: 12/27 /99; 1/3/2000 ADMISSIONS TAX ORDINANCE AMENDMENT - 4 F:\CIVILS\ORDINANCE\ADMISSIONS.IAM