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HomeMy WebLinkAboutORD 5414Amends ORD 3773 CITY OF RENTON,WASHINGTON ORDINANCE NO.5414 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 8,GAMBLING TAX,OF TITLE V (FINANCE AND BUSINESS REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON,"BY REPEALING THE DEFINITION OF "CITY OF RENTON,"ADOPTING CHAPTER 9.45 RCW,AMENDING GAMBLING TAX REGULATIONS,REPEALING SUBSECTION E OF 5-8-5,TAX LEVIED,AND CHANGING REFERENCES OF "FINANCE DIRECTOR" TO "FINANCE ADMINISTRATOR." THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.Section 5-8-1,City of Renton Defined,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby repealed. SECTION II.Section 5-8-2,Laws Incorporated by Reference,of Chapter 8, Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: The provisions of Chapter 9.46 RCW,one copy of which is on file with the City Clerk for inspection,are hereby incorporated by reference as if fully set forth. SECTION III.Subsection C of 5-8-5,Tax Levied,of Chapter 8,Gambling Tax, of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: C.For the conduct or operation of any licensed premises or facility used to play card games,as permitted by the above referenced State law,a tax rate of five 1 ORDINANCE NO.5414 hundred dollars ($500.00)annually or ten percent (10%)of the gross receipts or revenue received from such activity,per establishment,whichever is greater,for the privilege of playing in card games.The minimum fee may be paid on a quarterly basis at the rate of one hundred twenty five dollars ($125.00)per quarter.Any balance due shall be paid as set forth in Section 5-8-8.Each such licensee shall promptly furnish unto the Finance Administrator,City of Renton,a true and correct copy of all semiannual reports filed with the State of Washington Gambling Commission and such report shall be due the City within five (5)days after same has been filed with the aforementioned State agency. SECTION IV.Subsection E of 5-8-5,Tax Levied,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby repealed. SECTION V.Section 5-8-6,Administration,Collection of Tax,of Chapter 8, Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: The administration and collection of the tax imposed by this Chapter shall be by the Finance Administrator and in strict pursuance of the rules and regulations as may be adopted by the Washington State Gambling Commission from time to time.The Finance Administrator shall adopt and publish such rules and regulations as may be reasonably necessary to enable the collection of the tax imposed hereby. 2 ORDINANCE NO.5414 SECTION VI.Section 5-8-7,Declaration of Intent Required,of Chapter 8, Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: 5-8-7 DECLARATION OF INTENT REQUIRED: A.For the purpose of properly identifying the person,association and organization subject to any tax imposed by this Chapter,any such person, association or organization intending to conduct or operate any gambling activity authorized by the above specified laws,or as same may be amended hereafter, shall,prior to commencement of any such activity file with the Finance Administrator,City of Renton,a sworn declaration of intent to conduct or operate such activity,together with a true and correct copy of the license issued by the Washington State Gambling Commission or any renewal or extension of such license or temporary license. B.Thereafter,for any period covered by such State license,or any renewal or extension thereof,any person,association or organization shall on or before the 15th day of the month following the end of the month in which the tax accrued, file with the Finance Administrator a sworn statement,under the penalty of perjury,on a form to be provided and prescribed by the Finance Administrator, for the purpose of ascertaining the tax due for the preceding month period. SECTION VII.Subsection 5-8-8A,of Tax Payment;When Due,Penalty,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 3 ORDINANCE NO.5414 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: A.The tax imposed by this Chapter shall be due and payable in monthly installments and remittance therefor shall accompany each return made on or before the 15th day of the month next succeeding the month in.which the tax accrued.Except,for a person,association or organization that had taxes due in the amount $10,000 or less in the previous calendar year,the tax imposed by this Chapter shall be due and payable in quarterly installments and remittance therefor shall accompany each return made on or before the 30th day of the month next succeeding the quarterly period in which the tax accrued. SECTION VIII.Section 5-8-9,Copy of Application Submitted,of Chapter 8, Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: Each person,association or organization licensed by the Washington State Gambling Commission shall likewise submit to the Finance Administrator a true and correct copy of any application made to such Commission for a license, together with any and all amendments thereof.Such copy shall be submitted at or prior to the filing ofthe first tax return due hereunder. SECTION IX.Section 5-8-10,Refusal to Pay Tax;Penalty,of Chapter 8, Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: 4 ORDINANCE NO.5414 Any person,association or organization that shall fail,neglect or refuse to pay the tax herein required or that shall wilfully disobey any rule or regulation promulgated by the Finance Administrator hereunder,shall be guilty of a misdemeanor,and upon conviction thereof,shall be punished by imprisonment in the City jail for not more than ninety (90)days,or by a fine of not more than five hundred dollars ($500.00),or both.Any such fine shall be in addition to any tax and penalties required.All officers,directors and managers of any organization or association conducting gambling activities shall be jointly and severally liable for the payment of said tax and penalties,and for the payment of any fine imposed hereunder. SECTION X.Section 5-8-11,Rules and Regulations;Collection of Tax,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: The Finance Administrator or his authorized representative,shall adopt,publish and enforce such rules and regulations not inconsistent with this Chapter as may be necessary to enable the prompt collection of the tax and penalties imposed by this Chapter;prescribe and issue the appropriate forms for determination and declaration of the amount of tax to be paid,and have the power to enter into contracts with other municipalities and/or State agencies for the collection of the tax imposed on gambling activities conducted within the City of Renton. SECTION XI.Section 5-8-12,Mayor and Chief of Police;Power to Enter Into Contracts,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of 5 ORDINANCE NO.5414 Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington," is hereby amended by changing the title to "Mayor and Finance Administrator;Power to Enter into Contracts,"and to read as follows: 5-8-12 MAYOR AND FINANCE ADMINISTRATOR;POWER TO ENTER INTO CONTRACTS: The Mayor and Finance Administrator shall have the power to enter into contracts with other municipalities and/or State agencies for the enforcement of applicable State laws,rules and regulations,and City ordinances relating to all gambling activities. SECTION XII.Section 5-8-13,Records,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: 5-8-13 RECORDS: A.It shall be the responsibility of any person,officer,director and manager of any organization conducting any gambling activity as licensed by the Washington State Gambling Commission and taxed under the provisions of this Chapter to provide access at all reasonable times to all financial records,including bank deposits,invoices,accounts payable,records of all fees charged,together with dates thereof,and related financial statements as the Finance Administrator or his authorized representative,or any bona fide law enforcement representative of the City of Renton may require in order to determine full compliance with this Chapter and all rules and regulations adopted or hereafter adopted by the State of Washington Gambling Commission. 6 ORDINANCE NO._5_41_4_ B.Each person,association or organization engaging in any activity taxable under this Chapter,or as same may be amended from time to time,shall maintain records respecting that activity which truly,completely and accurately disclose all information and data necessary to determine the taxpayer's tax liability hereunder during each tax period.Such records shall be kept and maintained for a period of not less than three (3)years.In addition,all information and items required by the Washington State Gambling Commission under WAC 230-08,and the United States Internal Revenue Service respecting taxation,shall be kept and maintained for the periods required by those governmental agencies.All books,records and other items required to be kept and maintained under this section shall be subject to,and immediately made available for,inspection and audit,at any time,with or without notice,at the place where such records are usually kept,upon demand by the Finance Administrator or his designee,for the purpose of enforcing the provisions of this Chapter. SECTION XIII.Section 5-8-14,Revocation,Suspension of License,of Chapter 8, Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: In the event any license issued by the Washington State Gambling Commission is suspended or revoked,then the person,association or organization affected by such suspension or revocation,shall immediately notify,in writing,the Finance Administrator of such action,together with a true copy of such notice of suspension or revocation. 7 ORDINANCE NO.5414 SECTION XIV.Section 5-8-15,List of Licenses Required,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: It shall further be the responsibility of the Finance Administrator to keep on file a complete and up to date list of the licenses issued by the Washington State Gambling Commission as same is made available at said office,which information shall include the name,address,type of license and license number of each such licensee. SECTION XV.Section 5-8-16,Overpayment or Underpayment of Tax,of Chapter 8,Gambling Tax,of Title V (Finance and Business Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: If,upon application by a taxpayer for a refund,or upon any examination of the returns or records of any taxpayer,it is determined by the Finance Administrator, or his designee,that within three (3)years immediately preceding receipt by the Finance Administrator of the application by the taxpayer for a refund,or,in the absence of such an application,within the three (3)years immediately preceding the commencement by the Finance Administrator of such examination: A.A tax or other fee has been paid in excess of that properly due,the total excess paid over all amounts due the City of Renton within such period of three (3)years shall be credited to the taxpayer's account or shall be credited to taxpayer at the taxpayer's option. 8 ORDINANCE NO.5414 B.A tax or other fee has been paid which is less than that properly due,or no tax or other fee has been paid,the Finance Administrator shall mail a statement to the taxpayer showing the balance due,including the tax amount or penalty assessment and fees,and it shall be a separate,additional violation of this Chapter,both civil and criminal,if the taxpayer fails to make payment in full within ten (10)calendar days after such mailed notice. SECTION XVI. 30 days after publication. This ordinance shall be effective upon its passage,approval,and PASSED BY THE CITY COUNCIL this 20th day of_-=oc:..=..=t..::;.,;ob::::...;e::..:r'--__,2008. Bonnie Walton,City Clerk APPROVED BY THE MAYOR this 20th day of __o_c_t_o_b_er ,2008. ~~ Denis Law,Mayor Approved as to form: Lawrence 1.Warren,City Attorney Date of Publication:10/25/2008 (summary) ORD.1502:9/5/08:scr 9