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Ord 97-301 , {<ill ORDINANCE NO. 97-30l AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 14, SECTION 14- 143 REGARDING THE MAXIMUM LIMIT OF THE COST OF PUNCHBOARDS AND PULL-TABS, AND SECTION 14°-144 REGARDING THE TAX RATE OF PUNCHBOARDS AND PULL-TABS (AMENDS ORDINANCES 90-15,90-44, AND 96-279) WHEREAS, The Legislature of the State of Washington has enacted Chapter 394, Washington Laws, signed into law by the Governor; and 1997, which was duly WHEREAS, Chapter 294, Washington Laws, 1997, section 4, requires local jurisdictions to increase the cost of a single chance for punchboards and pull-tabs from 50 cents to one dollar; and WHEREAS, Chapter 294, Washington Laws, 1997, section 4, requires local jurisdictions to tax punchboards and pull-tabs operated by charitable or nonprofit groups; and WHEREAS, Chapter 294, Washington Laws, 1997, section 4, makes other grammatical changes; and WHEREAS, after due deliberation and consideration, the City Council has determined that the changes permitted by Chapter 294, Washington Laws, 1997, section 4 are in the best interests of the citizens of the City of Federal Way; NOW, THEREFORE : THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: ORD # 97-30l , PAGE 1 CC(Ö)\Plf m section 1. Amendment. The Federal Way City Code ("FWCC") shall be amended as follows: A. Tax imposed and limit set. FWCC Section 14-143 shall be amended as follows: Sec. 14-143. Same - Tax imposed. The city imposes a tax on punchboard and pull-tab activities «at., lat.. of fh.. t-o!<l"o!<lIL» as sDeci fied in Section ~ with the receipts therefrom going to the city; provided that the qperation of punchboard and Dull-tabs are sub;ect to the following conditions: (1) « P11tlÙn:....a:rJb a"d ~1111 L.,Lo,» .chances maL « 01. ..1.1(.1. shaH» only be sold to adults « wid. 01..,11 I.ave a $8.38 IÜ..':'L vI. ., oll.~le "I..",.:;.. U...:r..vl., sl..,ll 1:... Lð.~..d 01. ð. L.,s':'s whi"h sl..,ll .L..fl..c.L vnl.l Ll... ~.LOoS :r.....e':'~to f.LvII. 0""'1. puhGhl:.oa:..ds ahJ pLoll taLs»; (2\ The price of a single chance mav not exceed one dollar; 131-No punchboard or pull-tab license 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; .Lil All prizes «fo1. ~tI1....I.l:.oalJs .,IIJ. ~l1ll LaLs» available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises «1Ihol!..Leill» in which any such punchboard or pull-tab is located «and) )~on a winning number or symbol being drawn, «SttCh» a merchandise prize must be immediately ORD # q7-<nl , PAGE 2 removed «(tl..a..ðf..Ow», from the disnlay and awarded to the winner. All references to cash or merchandise nrizes. with a value over twen~ dollars. must be removed from the information flare when won. or such omission shall be deemed a fraud for the purposes of this division; And (.2) When any person «5i'.ð.11 wi¡. o.~.. $26.66 iu» nna money or merchandise from any punchboard or pull-tab over an amount determined by the commission, every licensee under this section shall keep a public record «tl.~~~o£» of the award for at least 90 days «tl.ðL~4£ter» containing such information as the state gambling commission deems necessary. B. Tax on gamblina activities. FWCC section 14-144 shall be amended as follows: Sec. 14-144. Tax on gambling activities. (a) In accordance with RCW 9.46.110, there is levied upon all persons a tax on every gambling activity permitted by this division at the following rates: ('1) Any bingo or raffle activity shall be taxed at a rate of ten percent of the gross ( (rð.ehu~.. ..e':;ðiv~J. tl.~..~f..om) ) receipts from a bingo aame or raffle less the amount «pa-id for» awarded as cash or merchandise prizes; (2) An amusement game shall be taxed only at a rate sufficient to pay the actual costs of enforcement of the provisions of this division and RCW ch. 9.46 and such taxation shall not exceed two percent of the sum of the gross ( (r e . ðhl1~.. rew~';'.",d the1- ~£r om) ) receipts from the amusement game less the amount ORD # q7-~0l , PAGE 3 «paid for» awarded as prizes; (3) Any punchboard or pull-tab activity for bona fide charitable or nonprofit oraanizations shall be at a rate of ten percent on qross receints from the oneration of the aames less the amount awarded as cash or merchandise prizes. Taxation of punchboards or pull-tabs for commercial stimulant onerators shall be at a rate of five percent on gross receipts from the oneration of the games; (4) Any social card game at a rate of 11 percent of the annual gross receipts exceeding $10,000.00; (5) Fund-rasing activities at the applicable rates specified above. Provided, no tax shall be imposed pursuant to this section on bingo,« rafflcD,» 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 9.46.0209, which organization has not paid operating or management personnel and has gross ( (i:ncome) ) receipts from bingo, amusement games, or fund-raising activities or any combination thereof not exceeding $5,000.00 per year less the amount «paid fv~» awarded as cash or merchandise prizes~ «or has» No tax shall be imposed on the first ten thousand dollars 2f. «hðt iI,come» aross receints less the amount awarded as cash or merchandise prizes from raffles «hot cxcee,dil"" $16,666.66 pel. .lc4r » conducted by anv bona fide or charitable organization. ORD # 97-301 , PAGE 4 (b) 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 such tax. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. section 3. Ratification. Any act consistent with the authority and prior to the effective date of ,this ordinance is hereby ratified and affirmed. section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the city council of the city of Federal Way 2lst day of October , 1997. this CITY OF FEDERAL WAY ,~dd~ í\!p/ MAYOR, MARLON S. PRIEST ATTEST: , CMC ORD # 97-301 , PAGE 5 APPROVED AS TO FORM: -I!J5 ~. ~, ~ ~~.,k¡ : CITY ATTORNEY, LON I K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 97-301 09-30-97 lO-2l-97 lO-25-97 11-20-97 K' \ORDIN\GAMBLE2. TAX ORD # 97-30l , PAGE 6