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, of societies or organizations for the prevention of cruelty to children or animals, or of societies or organizations conducted for the sole purpose of maintaining symphony orchestras and receiving substantial support from voluntary contributions, of improving any municipal corporation or of maintaining a cooperative or community center place, if no part of the net earnings 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 of National Guard organizations, reserve officer organizations or posts, associations 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 inures to the benefit of any private stockholder or individual;
(c) Exclusively to the benefit of members of the Police or Fire Departments of any municipal corporation or the dependents or heirs of such members; or
(d) 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-one cents (41¢) or more.
The exemptions from the tax provided by this section shall not, however, 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 partly to the benefit of any high school, academy, preparatory or other school, wherein the admission price is forty-one cents (41¢) or more, or the proceeds of which inure wholly or partly to the benefit of any college or university.
Immediately after the event for which an exemption from 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 Village Treasurer 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 admissions tax for the benefit of such institution, society or organization, and if such statement shows a disproportionate expenditure for the 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 exemptions from the tax provided by 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 if such percentage results in a payment in excess of the flat rate ordinarily charged for the same talent, services or other items.
(Ord. 50-6-1. Passed 6-6-50.)