(a) No tax shall be levied under this chapter with respect to any admission, all the proceeds of which inure:
(1) Exclusively to the benefit of religious, educational or charitable institutions, societies or organizations, societies or organizations for the prevention of cruelty to children or animals, or societies or organizations conducted for the sole purpose of maintaining symphony orchestras and receiving substantial support from voluntary contributions, or of improving any municipal corporation, or of maintaining a cooperative or community center moving picture theater or swimming pool, if no part of the net earnings thereof inures to the benefit of any private stockholder or individual;
(2) Exclusively to the benefit of persons in the military or naval forces of the United States, or of National Guard organizations, reserve officer associations or posts or organizations of war veterans, or of auxiliary units or societies of any such posts or organizations, if such posts, organizations, units or societies are organized in the Sate, and if no part of their net earnings inures to the benefit of any private stockholder or individual;
(3) Exclusively to the benefit of persons who have served in the military or naval forces of the United States and are in need;
(4) Exclusively to the benefit of members of the police or fire department of any municipal corporation, or the dependents or heirs of such members; or
(5) Exclusively to the benefit of the general revenue fund of any municipal corporation or exclusively to the benefit of any fund of any municipal corporation under the control of a recreation commission. This exemption from the tax, however, shall not be allowed in cases wherein the admission price is forty-three cents (43¢) or more.
(b) The exemption from tax provided by this section shall, however, not be allowed in the case of admissions to wrestling matches, prize fights or boxing, sparring or other pugilistic matches or exhibitions, nor in the case of admissions to any athletic game or exhibition, the proceeds of which inure wholly or partly to the benefit of any high school, academy, preparatory or other school in cases wherein the admission price is forty-three cents (43¢) or more, or wholly or partly to the benefit of any college or university.
(c) Immediately after the event for which an exemption from admission tax has been allowed, the treasurer of the institution, society or organization for whose benefit the event was held shall file an itemized statement with the Clerk setting forth the amount of money actually received by the treasurer, together with the expenses of promoting and conducting the event. The statement shall be used as a basis of subsequent requests for exemption from admissions tax for the benefit of the institution, society or organization, and if the statement shows a disproportionate expenditure for promoting and conducting the event, in relation to the profits, if any, no exemption shall thereafter be allowed to the institution, society or organization.
(d) The exemption from tax provided in this chapter shall not be allowed to any institution, society or organization which does not control the sale of admissions to the event for which the exemption is requested, nor shall any exemption be allowed where talent, services or other items are compensated for on a percentage basis, if the percentage results in a payment in excess of the flat rate ordinarily charged for the same talent, services or other items.
(1986 Code § 701.03)