183.01 Definitions.
183.02 Rate.
183.03 Admissions exempt from tax.
183.04 Monthly returns required.
183.05 Interest on unpaid tax.
183.06 Assessment of unpaid taxes.
183.07 Hearings on unpaid taxes; procedure.
183.08 Rules and regulations.
183.09 Taxpayers’ records.
183.10 Taxing of temporary or transitory amusements.
183.11 Certificate of registration.
183.12 Disposition of tax.
183.13 Procedure upon going out of business.
183.99 Penalty.
As used in this chapter the following words shall have the meaning ascribed herein, unless otherwise provided.
(a) "Admission" means seats and tables, reserved or otherwise, other similar accommodations and charges made therefor.
(b) "Finance Director" means the Finance Director of the Municipality.
(c) "Person" means any individual, receiver, assignee, firm, copartnership, trustee, joint venture, corporation, institution, company, joint stock company, association, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise.
(d) "Place" means, but is not restricted to, theaters, dance halls, amphitheaters, auditoriums, grandstands, bleachers, stadiums, athletic pavilions and fields, baseball and athletic parks, circuses, side shows, swimming pools, outdoor amusement parks, automobile race tracks and such attractions as merry-go-rounds, ferris wheels, dodge' ems, roller coasters and observation towers, etc., located within the limits of the Municipality.
(Ord. 106. Passed 5-14-57.)
There is hereby levied the following taxes:
(a) A tax of two and one-half percent (2-1/2%) on the amounts received for admission to any place, including admission by season ticket or subscription.
(b) A tax of two and one-half percent (2-1/2%) on the amount received for admission to any public performance for profit at any roof garden, cabaret or other similar entertainment in case the charge for admission is in the form of a service charge or cover charge or other similar charge.
(c) A tax of two and one-half percent (2-1/2%) on the amount received as annual membership dues by every club or organization maintaining a golf course and a tax of two and one-half percent (2-1/2%) on green fees collected by golf courses either under club or private ownership.
(d) In computing the tax levied by this chapter there shall be excluded from the total amount received from every person upon whom this tax is imposed the admissions and amusement tax separately paid to or collected by the Federal government.
(Ord. 39-82. Passed 7-12-82.)
No tax shall be levied under this chapter with respect to any admissions, all the proceeds of which inure:
(a) 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 the Municipality, 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.
(b) Exclusively to the benefit of persons in the military or naval forces of the United States, or national guard organizations, reserve officers' associations or organizations, 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 and if no part of their net earnings inure to the benefit of any private stockholder or individual.
(c) Exclusively to the benefit of members of the Police or Fire Departments, or the dependents or heirs of such members.
(d) Exclusively to the benefit of persons who have served in the military or naval forces of the United States and are in need.
(e) The exemption from taxes provided by this section shall, however, not be allowed in 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 college or university.
(f) Immediately after the event for which an exemption from the admissions 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 Finance Director setting forth the amount of money actually received by such treasurer together with the expense of promoting and conducting such event. The statement shall be used as a basis of subsequent requests for exemption from admissions tax for the benefit of such institution, society or organization and if such 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.
(g) The exemption from taxes 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, service or other items are compensated for on a percentage basis if such percentage results in a payment in excess of the flat rate ordinarily charged for the same talent, service or other items.
(Ord. 106. Passed 5-14-57.)
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