§19-603. Imposition of Tax.
(1) (a) A tax is hereby imposed upon the admission fee or
privilege to attend or engage in any amusement, for the fiscal year of the City
beginning July 1, 1988 and ending June 30, 1989, at the rate of .00733 for each
$.10, or major fraction thereof, of the established price charged the general
public or limited or selected group thereof, by any producer for such privilege,
which shall be paid by the person acquiring such privilege. Provided that, in
the event that a court of competent jurisdiction enters a final order from which
all appeals have been exhausted, determining that City Council lacked the
authority to impose this rate effective July 1, 1988, through June 30, 1989 the
rate shall revert to $.005 for each $.10, or major fraction thereof, for the
fiscal year commencing July 1, 1988 and ending June 30,
1989.
[101] (b) A tax is
hereby imposed upon the admission fee or privilege to attend or engage in any
amusement, for the fiscal year of the City beginning July 1, 1989 and ending
June 30, 1990, and for each fiscal year thereafter, at the rate of .005 for each
$.10 or major fraction thereof, of the established price charged the general
public or limited or selected group thereof, by any producer for such privilege,
which shall be paid by the person acquiring such
privilege.
[102] (c) Nothing
herein contained shall operate to bar the right of the City to demand, sue for,
or collect any tax due on admission fees or privileges to attend or engage in
any amusement under any prior tax
therein.
[103] (2) In the
case of persons, except bona fide employees of a producer, municipal or state
officers on official business, or totally blind persons admitted free or at
reduced rates to any place of amusement, at a time when and under circumstances
where an established price is charged to other persons, the tax imposed by this
Section shall be computed on the established price charged to such other persons
of the same class for the same or similar accommodations, to be paid by the
person so admitted.
(3) In the case of persons having the permanent use
of boxes or seats in any place of amusement, or a lease for the use of such box
or seat in such place of amusement, the tax imposed by this Section shall be
computed on the established price for which a similar box or seat is sold for
each performance or exhibition at which the box or seat is used or reserved by
or for the lessee or holder, such tax to be paid by the lessee or
holder.
(4) When any tax collected by a producer for the privilege of
attending or engaging in any amusement is less than the amount of the tax
imposed by this Section, the producer shall, at or before the time of holding or
conducting said amusement, collect such additional sum as is required to reach
the full amount of tax imposed by this Section.