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HomeMy WebLinkAboutOrd 1219 - Gambling Activities (Repealed by Ord 1809) COfiNCiL ACTION, t MEETING DATE AGENDA 11TI11 a TYPE I ITEM P ,o OF CITY UK LA WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO GAMBLING AND GAMBLING ACTIVITIES AND 1309 REPEALING ORDINANCE NOS. 917 AND 999. WHEREAS, the City Council of the City of Tukwila, Washington, is concerned about providing wholesome and safe entertainment and employ- ment opportunities within the City of Tukwila, and WHEREAS, gambling activities as provided by State Law are not adverse to the public health, safety and welfare if conducted in accor- dance with all applicable rules and regulations, and WHEREAS, the City Council of the City of Tukwila wishes to assure its citizens that such gambling activities are conducted in a lawful manner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Tukwila is an incorporated city located within King County with a population of less than 20,000 persons as of the most recent decennial census undertaken by the Federal Government. Section 2. A. The provisions of Chapter 218, Laws of Washington, 1973 First Extraordinary Session, as amended by Chapters 135 and 155, Laws of Washington, Third Extraordinary Session 1974, are hereby incor- porated in total by reference as though fully set forth, and in particular, the definitions as contained in Section 2, Chapter 218, Laws of 1973, First Extraordinary Session, as amended, relating, among others, to "amusement games," "bingo," "raffles," "gambling," "punchboards," "pulltabs," "social card games," and "public card rooms." B. The operation, conduct and sale of punchboards" as defined above is hereby expressly prohibited in the City of Tukwila. Section 3. No gambling activity of any kind or nature shall be permitted without a valid, subsisting license issued by the Washing- ton State Gambling Commission as provided by law, and any person, firm or corporation who conducts any such gambling activity without such license shall be guilty of a misdemeanor. The conducting of any such gambling activity without a license or beyond the scope specified in such license as required under State laws is hereby declared a common nuisance and shall be subject to abate- ment by injunction or as otherwise provided by law. Section 4. In pursuance of Chapter 218, Laws of Washington, 1973 First Extraordinary Session, and as amended by Chapters 135 and 155, Laws of Washington, .1974' ThirdiExtraordinary Session, there is hereby levied upon all'person's, associations and organizations who have been duly licensed by the Washington State Gambling Commission, as au- thorized by law, the following tax: A. To conduct or operate any bingo games, raffles and amusement games a tax rate of ten percent of the gross revenue received therefrom, less the actual net amount paid by such person, association or organization for or as prizes; B. For the conduct or operation of any pulltabs, a tax rate of five percent of the gross receipts from such pulltabs; C. For the conduct or operation of any premises or facility used to play social card games, a tax rate of twenty -five percent of the gross receipts received therefrom; D. Any public cardroom operated as a commercial stimulant, a tax rate of ten percent of the gross receipts received therefrom. Section 5. Any and all fund raising events conducted or operated by bona fide charitable or non profit organizations for which a license may be issued as authorized by the Revised Code of Washington, Chapter 9.46 as it now exists or is hereafter amended, are hereby prohibited with the following exceptions: A. "Raffle" as described in RCW 9.46 or as may hereafter be amended; B. "Bingo" when held in accordance with the provisions of RCW 9.46, or as may hereafter be amended. Any person who intentionally engages in any activity prohibited in this section is guilty of a misdemeanor and shall be punished by im- prisonment for not more than ninety (90) days and /or a fine not to exceed $500. Section 6. The administration and collection of tax imposed by this ordinance shall be by the Finance Director and in strict pursuance of the rules and regulations as may be adopted by the Washington State Gambling Commission from time to time. The Finance Director shall adopt and publish such rules and regulations as may be reasonably necessary to enable the collection of the tax imposed hereby. Section 7. For the purpose of properly identifying the person, association and organization subject to any tax imposed by this ordinance, such person, association or organization intending to conduct or operate any gambling activity authorized by the above specified laws, or as the same may be amended hereafter shall, prior to commencement of any such activity, file with the Finance Director, a sworn declaration of intent to conduct or operate such activity, together with a true and correct copy of the license issued by the Washington State Gambling Commission or any renewal or extension of such license or temporary license. Thereafter, for any period covered by such State license or any renewal or extension thereof, any person, association of organization shall on or before the 15th day of the month following the end of the quarterly period in which the tax accrued, file with the Finance Director a sworn statement, under penalty of perjury, on a form to be provided and prescribed by the Finance Director for the purpose of ascertaining the tax due for the preceding quarterly period. In addition, any such person, association or organization shall file with the Finance Director copies of any daily, weekly, monthly or other periodic tax statements, financial reports, daily control sheets, daily time sheets, records of attendance, or any other information re- quired to be filed by it to the State of Washington Gambling Commission. The Chief of the Police Department may establish such further and additional reporting requirements of any person, association or organization authorized to conduct gambling activities in the City of Tukwila which are reasonably intended to provide information to the City regarding the conduct of said activities. Section 8. The tax imposed by this Ordinance shall be due and payable in quarterly installments, and remittance therefor shall accompany each return and be made on or before the 15th day of the month next suc- ceeding the quarterly period in which the tax accrued. There shall be added a penalty for each payment due, if such payment is not made by the due date thereof as follows: A. A 10% penalty, with a minimum of two dollars ($2.00) for the first 17 days delinquency. 2 B. A 15% penalty, with a minimum of four dollars ($4.00) for the first 18 through 40 days delinquency. C. Any delinquency of 41 or more days shall be deemed a violation of this section. Section 9. Each person, association, or organization licensed by the Washington State Gambling Commission shall likewise submit to the Finance Director a true and correct copy of any application made to such Commission for a license, together with any and all amendments thereof. Such copy shall be submitted at or prior to the filing of the first tax return due hereunder. Section 10. Any person, association or organization that shall fail, neglect or refuse to pay the tax herein required, or that shall will- fully disobey any rule or regulation promulgated by the Finance Director, hereunder, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the city jail for not more than 90 days or by a fine of not more than five hundred dollars ($500) or both. Any such fine shall be in addition to any tax and penalties required. All officers, directors and managers of any organization or association conducting gambling activities shall be jointly and severally liable for the payment of said tax penalties and for the payment of any fine imposed hereunder. Section 11. The Finance Director or authorized representative shall adopt, publish and enforce such rules and regulations not inconsis- tent with this ordinance as may be necessary to enable the prompt collection of the tax and penalties imposed by this ordinance, prescribe and issue the appropriate forms for determination and declaration of the amount of tax to be paid, and have the power to enter into contracts with other municipalities and /or state agencies for the collection of the tax imposed on gambling acti- vities conducted within the City of Tukwila. Section 12. The Mayor and Chief of Police shall have the power to enter into contracts with other municipalities and /or State agencies for the enforcement of applicable state laws, rules and regulations and city ordinances relating to all gambling activities. It shall be the responsibility of any owner, director and manager of any organization conducting any gambling activity as licensed by the Washington State Gambling Commission and taxed under the provisions of this ordinance, to provide access at all reasonable times to all finan- cial records, including bank deposits, invoices, accounts payable and re- lated financial statements,as the Finance Director or his /her authorized representative, or any bona fide law enforcement representative of the City of Tukwila may require in order to determine full compliance with this ordi- nance and all rules and regulations adopted or hereafter adopted by the State of Washington Gambling Commission. Section 13. In the event any license issued by the Washington State Gambling Commission is suspended or revoked, then the person, as- sociation or organization affected by such suspension or revocation shall immediately notify in writing the Finance Director of such action, together with a true copy of such notice of suspension or revocation. Section 14. It shall further be the responsibility of the Finance Director to keep on file a complete and up -to -date list of the licenses issued by the Washington State Gambling Commission, and as the same is made available at said office, which information shall include the name, address, type of license and license number of each such licensee. Section 15. The propriety of the conduct of gambling and gambling related activities and the desirability of continuing those activities in the City of Tukwila shall be reviewed by the City Council or by a committee designated by the City Council for such review, at least one time every twelve months. 3 Section 16. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person, organization or circumstance be declared unconstitutional or otherwise invalid for any reason by any court of competent jurisdiction, such decision shall not af- fect the validity of the remaining portions of this ordinance or its appli- cation to other persons, organizations or circumstances. Section 17. Ordinances Nos. 917 and 999 and any and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 18. On and after the effective date of this Ordinance, the same shall be and constitute a new title of the Tukwila Municipal Code to be known as "Title 20" and shall be entitled "Gambling Activities, Levy- ing of Taxes Thereon." PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1981. Maylr ATTEST: tit CeYrk ApIroved as to Form C ty Attorney, Lawrence Hard Published Record Chronicle June 24, 1981 4