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HomeMy WebLinkAboutOrd 2150 - Gambling Tax Waiver for Non-Profit Organizations (Repealed by Ord 2590) Cover page to Ordinance 2150 The full text of the ordinance follows this cover page. Ordinance 2150 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 1 (part) 2590 2230 1 2349 1908 Cl of u la Washington Ordinance No. rX 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1809 AND 1891, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.030 (TAX RATES) RELATING TO THE WAIVER OF GAMBLING TAX FOR BONA FIDE CHARITABLE AND NONPROFIT ORGANIZATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to encourage charitable and nonprofit organizations conducting certain gambling activities in Tukwila to donate to charitable, nonprofit organizations based/ located within Tukwila and serving the Tukwila community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 3.08.030 Amended. Ordinance No. 1809, §1 (part) and 1891 §1, as codified at TMC 3.08.030, "Tax Rates," is hereby amended to read as follows: 3.08.030 Tax Rates. A. Pursuant to RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of Washington, effective July 27, 1997, there is levied upon all persons, associations and organizations who have been duly licensed by the Washington State Gambling Commission, as authorized by law, the following tax: 1. To conduct or operate any bingo games and raffles, a tax rate of 5% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes; 2. To conduct any amusement game, a tax rate of 2% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes; 3. For the conduct or operation of any punchboards or pull tabs, a tax rate of 5% of the gross receipts from such activities for commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount paid out as prizes for charitable or nonprofit organizations; 4. For the conduct or operation of any premises or facility used to play social card games, a tax rate of 20% of the gross receipts received therefrom; 5. Any public card room operated as a commercial stimulant, a tax rate of 10% of the gross receipts received therefrom. C: \Documents and Settings\AII Users\ Desktop \Kelly \MSDATA \Ordinances \Gambling Tax Waiver.doc KF:ksn 1/11/2007 Page 1 of 2 B. Non Profit Organizations. 1. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo or raffles when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in TMC Chapter 3.08, which organization has no paid operating or management personnel, and has gross income from bingo and raffles, or any combination thereof, not exceeding $5,000 per year, less the amount paid for as prizes. 2. The Finance Director may waive the tax due each quarter from a bona fide charitable or nonprofit organization as defined in TMC 3.08.030. This waiver may occur only if the charitable or nonprofit organization demonstrates by clear and convincing documentation that an amount equal to at least 70% of the tax due the City, as computed pursuant to TMC 3.08.030 will be donated to charitable nonprofit organizations located in the City whose purpose is to provide programs or facilities for meeting the basic health, education, welfare, or other needs of the residents of the City. Failure to donate at least 70% of the tax due the City will result in revocation of the waiver and the disqualification of the bona fide charitable or nonprofit organization to receive a waiver for future tax payments. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after the date of publication, and shall be retroactively applied to taxes payable for the fourth quarter of 2006. PASSED BY THE CITY COUNCIL F THE CITY O1TUKWILA, WASHINGTON, at a Regular Meeting thereof this 16TH DAY OF JANUARY, 2007. ATTEST/ AUTHENTICATED: JANE E. Cantu, CIC, City Clerk APPROVED AS T O BY: Office of th>5 City Attorney Steven M. Mullet, Mayor C: \Documents and Settings\All Users \Desktop \Kelly\MSDATA \Ordinances \Gambling Tax Waiver.doc KF:ksn 1/17/2007 Filed with the City Clerk: J/— C. '7 Passed by the City Council: /6 Published: 0°7 Effective Date: 7 Ordinance Number: Page 2 of 2 SUMMARY OF ORDINANCE No. 2150 City of Tukwila, Washington On January 16, 2007, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2150, the main points of which are summarized by its title as follows: An ordinance of the City Council of the City of Tukwila, Washington, amending Ordinance Nos. 1809 and 1891, as codified at Tukwila Municipal Code Section 3.08.030 (Tax Rates) relating to the waiver of gambling tax for bonafide charitable and nonprofit organizations; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting on January 16, 2007. yc Janes. Cantu, CM City Clerk Published Seattle Times: January 22, 2007