ORDINANCE NO. 423

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AMENDING ORDINANCE NO. 345, SECTION 1, PARAGRAPH D TO AMEND TAX LEVIED ON ALL GAMBLING ACTIVITIES, EXCEPT SOCIAL GAMES, FROM 5% OF GROSS RECEIPTS OF SUCH ACTIVITIES TO 10% OF NET.

Whereas, Ordinance No. 345 was passed on December 2, 1997, and

Whereas, the Town has received requests from the only institution in Town which

the tax on other gambling activities, except social card games, is applied to, and Whereas, the owner of the establishment has been significantly renovating the

establishment to enhance the Town, and

Whereas, the owner has made specific requests to modify the taxation as set forth below, and

Whereas, the Town has been advised that in the methodology of determining the amount of net under the gambling taxation rules and regulations a different methodology than that utilized in the normal business sense.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: Ordinance No. 345, Section 1, Paragraph D, shall be amended to read as follows: There shall be a Town tax levied upon all other gambling activities, except social card games, of 10% of the net receipts of such activities.

Section 2: All other provisions, except specifically amended above of Ordinance No. 345 shall remain in force and affect.

Section 3: If any provision of this ordinance and/or Ordinance No. 345 is determined to be unenforceable or invalid for any reason, the remaining provisions of this ordinance and/or Ordinance No. 345 shall remain in force and effect but specifically if the methodology established in this ordinance is determined to be invalid then the methodology as set forth in Ordinance No. 345, Section 1, Paragraph D shall be in force and effect.

Section 4: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Layne Ross

INTRODUCED: 12/4/01

PASSED: 12/4/01

APPROVED: 12/4/01

PUBLISHED: 12/12/01

Attested:

Marla Nevill

Town Clerk

Approved as to Form:

Michael J. Reynolds

Town Attorney