113.03  ADMISSIONS EXEMPT FROM TAX.
   No tax shall be levied under this chapter with respect to any admission which is donated without charge to any of the following, with respect to any portion of the price of an admission representing a discount allowed to any of the following, or with respect to any admission all the proceeds of which inure exclusively to the benefit of any of the following:
   (a)    Religious, educational or charitable institutions, societies or organizations (including service clubs), if no part of the net earnings thereof inure to the benefit of any private stockholder or individual.
   (b)    Persons in the military or naval forces of the United States, or of National Guard organization reserve officer associations or posts or organizations of war veterans, or auxiliary units or societies of any such posts or organizations, if such posts, organizations, units or societies are organized in the State of Ohio, and if no part of their net earnings inure to the benefit of any private stockholder or individual.
   (c)    Persons who serve in the military or naval forces of the United States and are in need.
   (d)    Members of the police or fire departments of any municipal corporation, or the dependents or heirs of such members.
   (e)    The general revenue fund of any municipal corporation or any fund of a municipal corporation under the control of a recreation commission.
   The exemptions from tax provided by this section, shall however, not be allowed in cases 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 partially to the benefit of any high school, academy, preparatory or other school, in cases wherein the admission price is one dollar ($1.00) or more, or wholly or partly to the benefit of any college or university.
   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 such event was held shall file an itemized statement with the Director of Finance, setting forth the amount of money actually received by such treasurer together with the expense of promoting and conducting such event. Such statement shall be used as a basis of subsequent requests for exemption from admission tax for the benefit of such institution, society or organization, and if such statement shows a disproportionate expenditure for promoting and conducting of such event, in relation to the profits, if any, no such exemption shall thereafter be allowed to such institution, society or organization.
   The exemption from tax provided in this section 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 or such percentage results in a payment in excess of the flat rate ordinarily charged for the same talent, services or other items.
(Ord. 22-1974. Passed 6-25-74.)