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HomeMy WebLinkAboutOrdinance 2025-05, amending Chapter 4.38 of the East Wenatchee Municipal Code to add a gambling tax on pull tabs City of East Wenatchee Ordinance 2025-05 Page 1 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2025-05 An Ordinance of the City of East Wenatchee, Washington, amending Chapter 4.38 of the East Wenatchee Municipal Code to add a gambling tax on pull tabs. Una Ordenanza de la Ciudad de East Wenatchee, Washington, que enmienda el Capítulo 4.38 del Código Municipal de East Wenatchee para agregar un impuesto al juego en las pestañas extraíbles. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to add a gambling tax on pull tabs with the City’s jurisdiction. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 3.2. Chapter 9.46 RCW authorizes a gambling tax within a City’s jurisdiction. 3.3. RCW 9.46.110(e) authorizes a 5% gambling tax on the gross revenue generated from pull tabs. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to amend Chapter 4.38 of the East Wenatchee Municipal Code to add a gambling tax on pull tabs. 5.Amendment. The City Council amends Chapter 4.38 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 6.Superseding Provisions. The provisions of this ordinance, once adopted, shall supersede any previous ordinance to the extent that said ordinance may conflict with the provisions of this ordinance. 7.Corrections. Upon approval by the City Attorney, the City Clerk and the code reviser may correct this Ordinance if it contains a clerical error; an incorrect reference to other local, state, or federal laws, codes, rules, or regulations; or an error in ordinance numbering, section number, or subsection numbering. 8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 9. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 10.Effective Date. This Ordinance becomes effective July 1, 2025. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 20th day of May, 2025. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor AUTHENTICATED: ___________________________ Laura Leon, City Clerk City of East Wenatchee Ordinance 2025-05 Page 2 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) Jerrilea Crawford (May 27, 2025 15:22 PDT) Jerrilea Crawford City of East Wenatchee Ordinance 2025-05 Page 3 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: 05-14-2025 05-20-2025 05-24-2025 07-01-2025 City of East Wenatchee Ordinance 2025-05 Page 4 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) Summary of the City of East Wenatchee, Washington Ordinance No. 2025-05 On the ____ day of ______________, 2025, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2025-05, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee, Washington, amending Chapter 4.38 of the East Wenatchee Municipal Code to add a gambling tax on pull tabs. The full text of this Ordinance is available at www.eastwenatcheewa.gov. Dated this _____ day of ______________, 2025. _______________________ Laura Leon, City Clerk 4/16/25, 9:27 AM Print Preview Chapter 4.38 GAMBLING TAX Sections: 4.38.010 Definitions. 4.38.020 Punch boards and pull-tabs. 4.38.030 Social card games. 4.38.040 Quarterly tax payments. 4.38.050 Administration and collection of tax. 4.38.060 Taxpayer to keep records. 4.38.070 Failure to timely pay tax. 4.38.080 Unpaid taxes – Lien. 4.38.090 Notice to engage in activity. 4.38.100 Failure to make return. 4.38.110 City treasurer Finance Director – Rule-making authority. 4.38.120 Tax constitutes debt. 4.38.130 Gambling tax – Additional to other fees. 4.38.140 Unlawful acts. 4.38.150 Violations – Penalty. 4.38.010 Definitions. For the purposes of this chapter, the words and terms used shall have the same meanings as each has in Chapter 9.46 RCW and WAC Title 230, the statutes and rules and regulations pertaining to gambling in the state of Washington and the Washington State Gambling Commission, as the same exist now or may hereafter be amended, unless otherwise specifically provided or the context in which the words or terms are used clearly indicates that the words or terms be given some other meaning. (Ord. 2000-22 § 1, 2000) 4.38.020 Punch boards and pull-tabs. ReservedA. Effective July 1, 2025, there is levied upon and shall be collected from and paid by every Formatted: Indent: Left: 0" 4/16/25, 9:27 AM Print Preview person, association, or organization conducting pull-tab gambling activities a tax equal to five percent. B. The tax percentage in subsection A of this section shall be levied upon the gross revenue received from conducting pull-tab gambling activities. (RCW 9.46.110(e) . (Ord. 2000-22 § 1, 2000) Formatted: Indent: Left: 0" 4/16/25, 9:27 AM Print Preview 4.38.030 Social card games. A. There is levied upon and shall be collected from and paid by every person, association, or organization conducting commercial stimulant social card games, a tax as follows: 1. Effective 2:01 a.m. January 1, 2001, the tax shall be in the amount of six percent; and 2. Effective 2:01 a.m. January 1, 2002, the tax shall increase to an amount of eight percent. B. The tax percentages in subsection A of this section shall be levied upon the gross revenue received from conducting commercial stimulant social card games. (Ord. 2000-22 § 1, 2000) 4.38.040 Quarterly tax payments. Taxes imposed pursuant to this chapter shall be due and payable in quarterly installments, and remittance therefortherefore shall be made on or before the last day of the month next succeeding the end of the quarterly period in which the tax accrued. The remittance shall be made by bond draft, certified check, cashier’s check, money order or in cash and shall be accompanied by a return on a form to be provided and prescribed by the city treasurerFinance Director. The taxpayer shall be required to swear or affirm that the information given on the tax return is full and truetrue, and that the taxpayer knows the same to be so. (Ord. 2000-22 § 1, 2000) 4.38.050 Administration and collection of tax. Administration and collection of the gambling taxes imposed pursuant to this chapter shall be the responsibility of the city treasurerFinance Director. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the city treasurerFinance Director. In addition to the return form, a copy of the taxpayer’s quarterly report to the Washington State Gambling Commission required by Chapter 230-08 WAC, as the same exists now or may hereafter be amended, for the period in which the tax accrued, shall accompany remittance of the tax amount due. (Ord. 2000-22 § 1, 2000) 4.38.060 Taxpayer to keep records. It shall be the duty of each taxpayer taxed pursuant to this chapter to keep and enter in a proper book or set of books or records an account which shall accurately reflect the amount of the gross receipts and gross revenue received from the gambling activity taxed pursuant to this chapter. These records shall be retained for a period of three years following the date the tax is incurred and shall be available for inspection by the city during regular business hours subject to five days’ prior written request by the city. (Ord. 2000-22 § 1, 2000) 4.38.070 Failure to timely pay tax. If full payment of any tax due pursuant to this chapter is not received by the city treasurer Finance Director on or before the date the tax is due, there shall be added to the amount due interest to accrue at the rate of one percent per month to be computed on the unpaid balance of the tax due. During a declared emergency covered under Chapter 38.52 RCW, however, the 4/16/25, 9:27 AM Print Preview city treasurer Finance Director may 4/16/25, 9:27 AM Print Preview administratively waive any interest due on an unpaid balance. This waiver may not exceed six months. (Ord. 20-07 § 4, 2020; Ord. 2000-22 § 1, 2000) 4.38.080 Unpaid taxes – Lien. Taxes imposed pursuant to this chapter shall become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010, as the same exists now or may hereafter be amended. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. (Ord. 2000-22 § 1, 2000) 4.38.090 Notice to engage in activity. In order that the city may identify those subject to taxation pursuant to this chapter, each person, association or organization subject to taxation shall file with the city treasurer Finance Director a sworn declaration of intent to conduct an activity taxable pursuant to this chapter, together with a copy of the license issued therefor by the Washington State Gambling Commission. All persons, associations and organizations conducting gambling activities as of the effective date of the ordinance codified in this chapter shall file such declaration of intent not less than 30 days after the effective date hereof, and thereafter said filing shall not be made later than five days prior to conducting or operating the taxable activity. No fees shall be charged for such filing, which is not for the purpose of regulation of this activity, but for the purpose of administration of the taxes levied pursuant to this chapter. Failure to timely file shall not excuse any person, association, or organization from any tax liability to the city. (Ord. 2000-22 § 1, 2000) 4.38.100 Failure to make return. If any taxpayer fails, neglects or refuses to make and file a return as and when required pursuant to this chapter, the city Finance Directortreasurer is authorized to determine the amount of tax payable, together with any interest owed pursuant to the provisions of this chapter, and by mail to notify such taxpayer of the amount so determined, which amount shall thereupon become immediately due and payable. (Ord. 2000-22 § 1, 2000) 4.38.110 City treasurerFinance Director – Rule-making authority. The city treasurer Finance Director shall have the power and authority to make whatever rules and regulations not inconsistent with this chapter or other laws as deemed necessary by the city treasurerFinance Director to carry out the provisions of this chapter. (Ord. 2000-22 § 1, 2000) 4.38.120 Tax constitutes debt. Any tax due and unpaid under this chapter and all interest thereon shall constitute a debt to the city of East Wenatchee and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 2000-22 § 1, 2000) 4.38.130 Gambling tax – Additional to other fees. 4/16/25, 9:27 AM Print Preview The gambling taxes levied pursuant to this chapter shall be additional to any license fee or tax imposed or levied under any law or any other ordinance of the city, except as otherwise provided in this chapter. (Ord. 2000-22 § 1, 2000) 4.38.140 Unlawful acts. It is unlawful for any taxpayer liable to tax hereunder to fail or refuse to make the returns as and when required or to pay the tax when due, or 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 part thereof, or in any manner to hinder or delay the city or any of its officers in carrying out the provisions of this chapter. (Ord. 2000-22 § 1, 2000) 4.38.150 Violations – Penalty. A. The city adopts by reference the matters declared to be misdemeanors and gross misdemeanors as set forth in Chapter 9.46 RCW, as the same exists now or may hereafter be amended, and adopts the penalties for those respective criminal acts as the same are set forth in Chapter 9.46 RCW, as the same exists now or may hereafter be amended. B. To the extent not addressed in subsection A of this section, any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor subject to the penalty provision set forth in EWMC 1.20.010, as the same exists now or may hereafter be amended. (Ord. 2000-22 § 1, 2000) RRS signed Ordinance 2025-05 Final Audit Report 2025-05-27 Created:2025-05-27 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAAXJWcy0TuZqp39WFfLPPwh6m_c43tXquw "RRS signed Ordinance 2025-05" History Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2025-05-27 - 9:04:46 PM GMT Document emailed to jcrawford@eastwenatcheewa.gov for signature 2025-05-27 - 9:05:07 PM GMT Email viewed by jcrawford@eastwenatcheewa.gov 2025-05-27 - 10:21:58 PM GMT Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford 2025-05-27 - 10:22:45 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2025-05-27 - 10:22:47 PM GMT - Time Source: server Agreement completed. 2025-05-27 - 10:22:47 PM GMT