The URL can be used to link to this page

Home My WebLink About1775 ~ . , , ~V-~ EFfECTlV ~ 1- ~ - ~3 ORDINANCE NO. 1775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING VARIOUS SECTIONS OF CHAPTER 6, PART 2 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE CONCERNING THE ADMISSIONS TAX WHEREAS, the City has an existing ordinance which applied an admissions tax to various events as defined in 2622.2 of the Arcadia Municipal Code, and WHEREAS, the proceeds of this tax are for the general fund, and WHEREAS, there are periodic revisions to update the Arcadia Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by amending Section 2621.5 to read as follows: "2621.5. CONDUCT. "Conduct" includes operate, carryon, maintain, keep, render, perform, hold, give, put on, organize, sponsor and exhibit." SECTION 2. The Arcadia Municipal Code is hereby amended by amending Section 2621.6 to read as follows: "2621.6. EVENT. "Event" includes any meeting, performance, race, dance, demonstration, competition, exhibition, transaction, show, feature and attraction for which a separate or additional charge or admission price is paid for the right or privilege of attending the same." SECTION 3. The Arcadia Municipal Code is hereby amended by amending Section 2621.7 to read as follows: "2621.7. OPERATOR. "Operator" includes any person owning, o~erating, conducting, directing, sponsoring, managing or controlling, alone or in conjunction with others, in whole or in part, as principal, agent, officer, employee or independent contractor, any business admission to any event or portion of which is subject to any tax imposed by any provision of this Part." -1- 1775 , , SECTION 4. The Arcadia Municipal Code is hereby amended by amending Section 2621.12 to read as follows: "2621.12. SEASON PASS. "Season Pass" shall mean and include every season ticket, season pass, pass book, club member- ship, membership card, association membership or insignia, mail order ticket, or other device or token (other than a service pass) the ownership or possession of which entitles the owner or holder thereof to admission more than one time to any premises for an event." SECTION 5. The Arcadia Municipal Code is hereby amended by amending Section 2622.2 to read as follows: "2622.2. OTHER EVENTS. When a charge or admission price for a single admission is paid for the right or privilege of being admitted to any premises having a capacity of one thousand (1,000) or more (other than tennis courts while used solely for tennis playing and tennis matches, golf courses and golf driving ranges while used solely for golf matches, golf playing, golf practice or instruction, and any premises while used solely for amateur athletic contests in conjunction with which neither animals nor mechanical devices of any kind are used as part of the contest), at, in or upon which premises any form of enter- tainment, amusement, or competition whatsoever (other than horse racing meetings or harness horse racing meetings which are subject to the provi- sions of the preceding section) is conducted, there is hereby levied and assessed and there shall be paid and collected a tax of thirty-five cents (35i) [20i] upon each payment for admission of less than two dollars ($2.00): a tax of fifty cents (50i) [25i] upon each payment for admission of two dollars ($2.00) or more but less than three dollars ($3.00): a tax of sixty-five cents (65i) [35i] upon each payment for admission of three dollars ($3.00) or more but less than four dollars ($4.00): a tax of eighty cents (80i) [35i] upon each payment for admission of four dollars ($4.00) but less than seven dollars ($7.00): a tax of one dollar and twenty cents ($1.20) [40,e!] upon each payment of admission of seven dollars or more. When admittance is allowed by free pass -2- 1775 , , , , to any premises for the purpose of attending any event thereat, there is hereby levied and assessed and there shall be paid and collected a tax of twenty-five cents (2St) for each admittance by free pass." SECTION 6. The Arcadia Municipal Code is hereby amended by amending Sections 2622.3 and 2622.3.1 to read as follows: "2622.3. SEASON PASSES. If admission to any premises or event is under or by virtue of a season pass for which any charge or admission price has been paid, the tax due thereon shall be paid and collected at the time and place that such season pass is purchased unless the City Council approves an alter- native. 2622.3.1. SAME. RATE AND AMOUNT. The rate of the tax on each such season pass shall be that rate which is made applicable by either Section 2622.1 or Section 2622.2 to the quotient of the total amount paid for such season pass divided by the total num- ber of events to which such season pass entitles the holder or owner thereof to be admitted. The amount of the tax on such season pass shall be the product of such rate multiplied by the total numer of events to which such season pass entitled the holder or owner thereof to be admitted, ~~d shall be due and payable and paid and collected at the time iuch season pass is purchased unless an alternative procedure is apl-Jl~lOVed by the City Council." SECTION 7. The Arcadia Municipal Code is hereby amended by amending Section 2623.6 to read as follows: "2623.6. ALTERNATE PROCEDURE. Upon the filing by an operator with the Council of a written application setting forth good cause for a modification of the time and manner of accounting for and payment of taxes due under this Part, the Council may, by the approval of at least three of its members entered upon the Council minutes, authorize such operator to account for and to pay over to the City all taxes due, payable or paid under the provisions of this Part at a time or times and in a manner other than those specified in this Part. The City Council may, on its own motion ;initiate and authorize such modifications." -3- 1775 '-. ~_:.,.; --=:-: - ,:......:__ ..::it~-::"1"- ".:. ::-..:::"_:-:"~"P'-'. 7" ';:;".w -~, .-~~~ ..:...~~ i'l _~ On",,' .'n~"~ .',-"..-. "~.J"":""~ .' , , , SECTION 8. The Arcadia Municipal Code is hereby amended by amending Section 2624.1 to read as follows: "2624.1. POSTING OF BONDS. Every operator shall, before engaging in any business, admission to any premises, portion or event of which is subject to the tax imposed by this Part, post with the Treasurer a cash bond equal to the amount of the maximum tax payable by patrons thereof multiplied by the total capacity of the premises, multiplied by the number of events scheduled thereat. Subject to approval of the city Council, the cash bond may be based on the maximum tax payable by patrons thereof, multiplied by the number of events scheduled, multiplied by the City approved estimate of total attendance. The requirements set forth in this section reqardinq bonds, may be waived by the Citv Council." -4- 1775 SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 10. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 11. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia with- in fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 7th day of June, 1983. SIGNED AND APPROVED this 7th day of June, 1983. ATTEST: . ~ J; ~ ' ~~~ C~ty C er 0 the City of Arcad~a ty of Arcad~a I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City o!~ ~rcadia,.,,/. California, held on the 7th da~ of June, .1983;:; /by _the~~f~f:~rma- tive vote of at least three Counc~lmen, to w~t: ' -~ AYES: NOES: ABSENT: Councilmen Haltom, Pellegrino & None Councilmen Dring, Hannah Lojeski:~ :---:::- - .- .-' ~~ - -" -,.::, ~ ~,,,-,, ~ ~-~ City Clerk of the City of Arcadia , ::--., -5- 1775