Title 9 PUBLIC PEACE, SAFETY AND MORALS
Chapter 9.20 GAMBLING
9.20.010 Provisions on gambling designated.
9.20.030 Tax--Levy.
9.20.040 Tax--Administration and collection.
9.20.050 Tax--Filing requirements of persons conducting gambling activities.
9.20.060 Tax--Payments due and payable when.
9.20.065 Failure to pay gambling taxes.
9.20.070 Tax--Failure to make returns or evasion of payment prohibited.
9.20.080 Financial records to be available for inspection.
9.20.090 Violation--Penalty.
9.20.010 Provisions on gambling designated.
The following chapters and the sections of RCW Title 9, are adopted as the
ordinance law of the city: 9.46.0201, 9.46.0205, 9.46.0209, 9.46.0213,
9.46.0217, 9.46.0221, 9.46.0225, 9.46.0229, 9.46.0233, 9.46.0237, 9.46.0241,
9.46.0245, 9.46.0249, 9.46.0253, 9.46.0257, 9.46.0261, 9.46.0265, 9.46.0269,
9.46.0273, 9.46.0277, 9.46.0281, 9.46.0285, 9.46.0289, 9.46.0305, 9.46.0311,
9.46.0315, 9.46.0321, 9.46.0325, 9.46.0331, 9.46.0335, 9.46.0341, 9.46.0345,
9.46.0351, 9.46.0355, 9.46.0361, 9.46.071, 9.46.110, 9.46.113, 9.46.120,
9.46.130, 9.46.140, 9.46.150, 9.46.153, 9.46.158, 9.46.170, 9.46.185, 9.46.190,
9.46.192, 9.46.193, 9.46.195, 9.46.196, 9.46.198, 9.46.200, 9.46.210(1) (2),
9.46.217, 9.46.222, 9.46.225, 9.46.231, 9.46.235, 9.46.240, 9.46.250, 9.46.260,
9.46.270, 9.46.285, 9.46.291, 9.46.293, 9.46.295, 9.46.300, 9.46.310, 9.46.350,
9.46.900, 9.46.901, 9.46.902, 9.46.903. (Ord. 908 § 6, 1995: Ord. 638
§ 9, 1979).
9.20.030 Tax--Levy.
In accordance with RCW Chapter 9.46, as now enacted and as hereafter
amended or otherwise modified, there is levied upon and there shall be collected
from, every person, association and organization which has been or who shall
hereafter by duly licensed by the Washington State Gambling Commission to
conduct or engage in the following activities within the city, a tax, as
hereinafter set forth:
A. As to any bingo games and raffles, a tax equal to
five percent of the gross revenue received therefrom, less the amount paid for
or as prizes;
B. As to any punchboards or pulltabs, a tax equal to five
percent of the gross receipts received therefrom;
C. As to all social and
public cardrooms, a tax equal to twenty percent of the gross revenue received
therefrom;
D. Exempted from this section are those certain charitable
activities and nonprofit organizations as defined in RCW Title 9, Sections
9.46.0209 and 9.46.110. (Ord. 1063 § 1, 2001; Ord. 908 §§ 8, 9,
1995; Ord. 638 § 2, 1979).
9.20.040 Tax--Administration and collection.
The administration and collection of the taxes imposed by this chapter
shall be by the city in accordance with the provisions of RCW Chapter 9.46, and
the rules and regulations promulgated thereunder by the Washington State
Gambling Commission, and in accordance with such rules and regulations hereafter
established by resolution of the city council. (Ord. 638 § 3,
1979).
9.20.050 Tax--Filing requirements of persons conducting gambling activities.
A. For the purpose of identifying who shall be subject to the taxes
imposed by this chapter, any person, association or organization, conducting or
intending to conduct or operate any gambling activity authorized by RCW Chapter
9.46, shall, prior to the commencement of any such activity, file with the
clerk-treasurer of the city a sworn declaration of intent to conduct or operate
such activity, together with a copy of the license issued in accordance with
said laws of Washington.
B. Thereafter, for any period covered by such state
license or any renewal thereof, a person, association or organization shall, on
or before the fifteenth day of the month, following the end of the calendar
quarterly period in which the tax accrued, file with the clerk-treasurer of the
city a sworn statement, on a form to be provided and prescribed by the
clerk-treasurer for the purposes of ascertaining the tax due for the preceding
calendar quarterly period. (Ord. 638 § 4, 1979).
9.20.060 Tax--Payments due and payable when.
A. The taxes imposed by this chapter shall be due and payable in calendar
quarterly installments, and remittance therefor shall accompany each return and
be made on or before the fifteenth day of the month next succeeding the calendar
quarterly period in which the tax accrued.
B. For any payment due, if such
payment is not made by the due date thereof, there shall be added a penalty as
follows:
1. If paid on or before the final day of the month text succeeding
the quarterly period in which the tax accrued, a sum equal to ten percent of the
tax due, but not less than five dollars;
2. If paid prior to the fifteenth
day of the second month next succeeding the quarterly period in which the tax
accrued, a sum equal to fifteen percent of the tax due, but not less than ten
dollars;
3. Failure to make payment by the fifteenth day of the second month
next succeeding the quarterly period in which the tax accrued shall be deemed to
be both a criminal and civil violation of this section. (Ord. 638 § 5,
1979).
9.20.065 Failure to pay gambling taxes.
A. Any person, association, or organization that becomes ninety days
delinquent in payment of gambling taxes shall be subject to the revocation of
their city business license by the city.
B. In the event that gambling taxes
are not paid within ninety days after the original due date together with
penalties and interest, the city clerk-treasurer or designee shall in accordance
with the provisions of WAC 230-04-400(3) report such nonpayment to the
Washington State gambling commission, together with a request that the gambling
license of such license be revoked in accordance with WAC 230-040-405. (Ord.
1063 § 2, 2001).
9.20.070 Tax--Failure to make returns or evasion of payment prohibited.
It is unlawful for any person, association or organization liable for the
tax under this chapter to fail or refuse to make the returns as and when
required or to pay the tax when due, or for a person to make any false or
fraudulent return or any false statement or representation in, or in connection
with, any such return, or to aid or abet another in any attempt to evade payment
of the tax or any portion thereof. (Ord. 683 § 6, 1979).
9.20.080 Financial records to be available for inspection.
It shall be the responsibility of all officers, directors and managers of
any association or organization conducting any gambling activities subject to
taxation under this chapter to make available at all reasonable times such
financial records as the clerk-treasurer of the city may require in order to
determine full compliance with this chapter. (Ord. 638 § 8,
1979).
9.20.090 Violation--Penalty.
Any person, association or organization violating or failing to comply
with any provisions of this chapter or any lawful rule or regulations adopted
pursuant to this chapter, unless otherwise provided for in Section 9.20.010,
shall be guilty of a gross misdemeanor, punishable by a fine and/or a jail
sentence in accordance with Chapter 1.12 of this code. (Ord. 908 § 10,
1995: Ord. 638 § 7, 1979).
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