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Ord 90-015' � � 0072.03001 JDW/naa 01/16/90 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO GAMBLING; PROVIDING FOR TAXATION OF CERTAIN GAMBLING ACTIVITIES; AND , ESTABLISHING AN EFFECTIVE DATE. --.� THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Bingo, raffles, fund-raising events. amusement crames, punchboards and pull-tabs--Permitted-- Conditions. The City authorizes bona fide charitable or nonprofit organizations to conduct bingo games, raffles, fund-raising events, amusement games and punchboards or pull-tabs when licensed and conducted or operated pursuant to the provisions of RCW Chapter 9.46 as the same now exists or may hereafter be amended. Section 2. Punchboards and pull-tabs--Permitted. The City authorizes any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to utilize punchboards and pull-tabs as a commercial stimulant to such business when licensed and utilized or operated pursuant to the provisions of RCW Chapter 9.46 as the same now exists or may hereafter be amended. ORDINANCE NO. 90-15 �- ` Section 3. Punchboards and pull-tabs--Restriction-- Taxation. The City authorizes taxing of punchboard and pull-tab h��I:L�Z�l���-Z�] -1- ORIG�I��� � � activities at a rate of five percent with the receipts therefrom going to the City; provided, that: A. Punchboards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty-cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punchboards and pull-tabs; and B. No punchboard or pull-tab may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punchboard or pull- tab; and C. All prizes for punchboards and pull-tabs must be on display within the immediate area of the premises wherein any such punchboard or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed a fraud for the purposes of this ordinance; and D. When any person shall win over twenty dollars in money or merchandise from any punchboard or pull-tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such information as the Washington State Gambling Commission shall deem necessary. Section 4. Charitable, nonprofit organization-- �ctivities taxed--Organizations exempt. In accordance with RCW JDW007180 -2- 4. � � 9.46.110 as the same now exists or may hereafter be amended, there is levied upon all persons, associations or organizations a tax on every gambling activity permitted by this ordinance at the following rates: A. Any bingo or raffle activity at a rate of ten percent of the gross revenues received therefrom less the amount paid for as prizes; 8. Any amusement game activity shall be taxed only at a rate sufficient to pay the actual costs of enforcement of the provisions of this ordinance and RCW 9.46 and such taxation shall not exceed two percent of the sum of the gross revenues received therefrom less the amount paid for as prizes; C. Any punchboard or pull-tab activity at a rate of five percent of gross receipts; D. Fund-raising activities at the applicable rates specified above in subsections A, B or C. Provided, that no tax shall be imposed pursuant to this ordinance on bingo, raffles, amusement games, or fund-raising activities when such activities or any combination thereof are conducted by a bona fide charitable � 0209 nonprofit organization as defined in RCW 9.46.-0�T{�- as the same now exists or may hereafter be amended, which organization has no paid operating or management personnel and has gross income from bingo, raffles, amusement games, fund-raising activities or any JDW007180 -3- � • combination thereof not exceeding five thousand dollars per year less the amount paid for as prizes. The City Clerk is instructed and authorized to adopt appropriate reporting requirements, to ensure the effective administration of license holders exempt from the payment of said tax. Section 5. Charitable, nonprofit organization--Tax-- A�lministration. The administration and collection of the tax imposed by Section 4 shall be by the City Clerk and pursuant to the rules and regulations of the Washinqton State Gambling Commission. Section 6. Charitable, nonprofit organization-- Declaration of intent to conduct gambling activity. For the purpose of identifying who shall be subject to the tax imposed by Section 4, any bona fide charitable or nonprofit corporation intendinq to conduct or operate any bingo game raffle or amusement game which requires licensing as provided in and authorized by RCW Chapter 9.46 as the same now exists or may be hereafter amended, shall, prior to commencement of any such activity, file with the City Clerk a sworn declaration of intent to conduct or operate such activity, together with a copy of the license issued in accordance with RCW Chapter 9.46 as the same now exists or may be hereafter amended, as amended. Thereafter, for any period covered by such State license or any renewal thereof, any such licensed bona fide charitable or nonprofit corporation shall, on or before the fifteenth day of the month JDW007180 -4- :�� +�� : i following the end of the quarterly period in which the tax accrued, file with the City Clerk a sworn statement, on a form to be provided and prescribed by the City Clerk for the purpose of ascertaining the tax due for the preceding quarterly period. Section 7. Charitable, nontirofit organization--Tax--Due date--Delinquencv. A. The tax imposed by Section 4 shall be due and payable in quarterly installments, and remittance therefor shall accompany such return and be made on or before the fifteenth day of the month next succeeding the quarterly period in which the tax accrued. B. For each payment due, if such payment is not made by the due date thereof, there shall be added a penalty as follows: 1. If paid on or before the final day of the month next succeeding the quarterly period in which the tax accrued, ten percent with a minimum penalty of five dollars; 2. If paid prior to the fifteenth day of the second month next succeeding the quarterly period in which the tax accrued, fifteen percent with a minimum penalty of ten dollars; 3. Failure to make payment by the fifteenth day of the second month succeeding the quarterly period in which the tax accrued shall be both a criminal and civil violation of this section. JDW007180 -5- �. s i Section 8 Financial records It shall be the responsibility of all officers, directors and managers of any corporation conducting any gambling activities subject to taxation under this ordinance to make available at all reasonable times such financial records as the City Clerk may require in order to determine full compliance with this ordinance. Section 9. This ordinance shall be effective as of the date of incorporation which is more than five (5) days after publication of an approved summary consisting of the title to this ordinance. PASSED by the City Council of the City of Federal Way this 30 � day of January � 1990. CITY OF FEDERAL WAY MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: ���G�j CITY CLERK, DELORE A. MEAD APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY J- w� FILE WITH THE CITY CLERK: January 16, 1990 PASSED BY THE CITY COUNCIL: January 30, 1990 PUBLISHED: February 4, 1990 EFFECTIVE DATE: Date of incorporation ORDINANCE NO. 9 n-15 JDW007180 -6- 0072.03001 JDW/naa 01/16/90 ORDINANCE NO. 90-15 .~" AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO GAMBLING; PROVIDING FOR TAXATION OF CERTAIN GAMBLING ACTIVITIES; AND ESTABLISHING AN EFFECTIVE DATE. '.... THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section Binqo. 1. fund-raising raffles. events. amusement qames. punchboards and pull-tabs--Permitted-- Conditions. The City authorizes bona fide charitable or nonprofit organizations bingo to conduct games, raffles, fund-raising events, amusement and punchboards pull-tabs when games or licensed and conducted or operated pursuant to the provisions of RCW Chapter 9.46 as the same now exists or may hereaf,ter be amended. section 2. Punchboards and pull-tabs--Permitted. The City authorizes any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to utilize punchboards and pull-tabs as' a commercial stimulant to such business when licensed and utilized or operated pursuant to the provisions of RCW Chapter 9.46 as the same now exists or may hereafter be amended. section punchboards and pull-tabs--Restriction-- 3. Taxation. The city authorizes taxing of punchboard and pull-tab JDWO07180 -1- COpy activities at a rate of five percent with the receipts therefrom going to the City; provided, that: A. Punchboards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty-cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punchboards and pull-tabs; and B. No punchboard or pull-tab may award as a prize upon a winning number or sYmbol being drawn the opportunity of taking a chance upon any other punchboard or pull- tab; and c. All prizes for punchboards and pull-tabs must be on display within immediate the of the premises area wherein any such punchboard or pull-tab is located and upon a winning number or sYmbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed fraud purposes of this for the a ordinance; and D. When any person shall win over twenty dollars in money or merchandise from any punchboard or pull-tab, every licensee record a public hereunder shall keep thereof for at least ninety days thereafter containing such information as Washington state Gambling the commission shall deem necessary. section Charitable. nonprofit organization-- 4. Activities taxed--organizations exempt. In accordance with RCW JDWO07180 -2- " 9.46.110 as the same now exists or may hereafter be amended, there is levied upon all persons, associations or organizations a tax on every gambling activity permitted by this ordinance at the following rates: A. Any bingo or raffle activity at a rate of ten percent of the gross revenues received therefrOm less the amount paid for as prizes; B. Any amusement game activity shall be taxed only at a rate sufficient to pay the actual costs of enforcement of the provisions of this ordinance and RCW 9.46 and such taxation shall not exceed two percent of the sum of the gross revenues received therefrom less the' amount paid for as prizes; C. Any punchboard or pull-tab activity at a rate of five percent of gross receipts; D. Fund-raising activities at the applicable rates specified above in subsections A, B or C. Provided, that no tax shall be imposed pursuant to this ordinance on bingo, raffles, amusement games, or fund-raising activities when such activities or any combination thereof are conducted by a bona fide charitable or nonprofit organization as defined in RCW 9.46.020(3) as the same now exists or may hereafter be amended, which organization has no paid operating or management personnel and has gross income from bingo, raffles, amusement games, fund-raising activities or any JDWO07180 -3- combination thereof not exceeding five thousand dollars per year less the amount paid for as prizes. The City Clerk is instructed and authorized to adopt appropriate reporting requirements, to ensure the effective administration of license holders exempt from the paYment of said tax. section 5. Charitable. nonprofit organization--Tax-- Administration. The administration and collection of the tax imposed by Section 4 shall be by the City Clerk and pursuant to the rules and regulations of the Washington State Gambling Commission. section 6. Charitable. nonprofit orqanization-- Declaration of intent to conduct qamblinq activity. For the purpose of identifying who shall be subject to the tax imposed by section 4, any bona fide charitable or nonprofit corporation intending to conduct or operate any bingo game raffle or amusement game which requires licensing as provided in and authorized by RCW Chapter 9.46 as the same now exists or may be hereafter amended, shall, prior to commencement of any such activity, file with the city Clerk a sworn declaration of intent to conduct or operate such activity, together with a copy of the license issued in accordance with RCW Chapter 9.46 as the same now exists or may be hereafter amended, as amended. 'Thereafter, for any period covered by such State license or any renewal thereof, any such licensed bona fide charitable or nonprofit on or before the fifteenth day of the month corporation shall, JDWO07180 -4- " following the end of the quarterly period in which the tax accrued, file with the city Clerk a sworn statement, on a form to be provided and prescribed by the City Clerk for the purpose of ascertaining the tax due for the preceding quarterly period. Section 7. Charitable. nonprofit orqanization--Tax--Due date--Delinauency. A. The tax imposed by section 4 shall be due and payable in quarterly installments, and remittance therefor shall accompany such return and be made on or before the fifteenth day of the month next succeeding the quarterly period in which the tax accrued. B. For each payment due, if such payment is not made by the due date thereof, there shall be added a penalty as follows: 1. If paid on or before the final day of the month next succeeding the quarterly period in which the tax accrued, ten percent with a minimum penalty of five dollars; 2. If paid prior to the fifteenth day of the second month next succeeding the quarterly period in which the tax accrued, fifteen percent with a minimum penalty of ten dollars; 3. Failure to make payment by the fifteenth day of the second month succeeding the quarterly period in which the tax accrued shall be both a criminal and civil violation of this section. JDWO07180 -5- Section 8. Financial records. It shall be the responsibility of all officers, directors and managers of any corporation conducting any gambling activities subject to taxation under this ordinance to make available at all reasonable times such financial records as the city Clerk may require in order to determine full compliance with this ordinance. section 9. This ordinance shall be effective as,of the date of incorporation which is more than five (5) days after publication of an approved summary consisting of the title to this ordinance. PASSED by the City Council of the City of Federal Way this 30th day of January, 1990. CITY OF FEDERAL WAY 1Jp ~ t!n MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: db ~&J. (j , '111~ CITY CLERK, DELORE A. MEAD APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: ::~~ ~~E :::::RK: January 16, 1990 PASSED BY THE CITY COUNCIL: January 30,1990 PUBLISHED: February 4, 1990 EFFECTIVE DATE: Date of incorporation ORDINANCE NO. qO-l~ JDWO07180 -6-