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HomeMy WebLinkAboutOrdinance-1986-0697TrTTROnUrrD T?v ('OTTNTCTT•MPMTTWR IBBISON. nrdinancP No. 697 Series of 1986 TTTT,F ; AN ORDINANrF' AMFNOTNG CHAPTER 21 OF TuF CODE OF T ATATS OF THE CTTv OF WHEAT RIDGE, BY RFPFALING AND RFFNACTTN(; SFCTTONG 21-54, 21-54.1(F) A*TD 21-54.1(,T) RELATTNC- TO ADMTGGIONS/AMT.TcFMFNT TAXES. BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 21-54. Legislative Intent of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section 21-54. Legislative Intent. It is hereby declared to be the legislative intent of the City Council that on and after the effective date of this Chapter, every person who pays to gain admission to any place or event in the City that is open to the public, or to gain access to a performance, or to a motion picture, or to the use of lanes and pinsetters for bowling balls in a bowling alley in the City shall pay the tax imposed by this Chapter, and every person, whether owner, lessee, or operator, who charges or causes to be charged admission to any such performance, or motion picture, or use of lanes and pinsetters for bowling balls in a bowling alley shall collect the tax imposed by this Chapter. Section 2. Definitions. Section 21-54.1(F) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section 21-54.1(F). "Open to the Public" shall mean any place or event to which admission or access is open to members of the public upon the payment of a charge or fee. This term includes without limitation, the following places or events when a charge or fee for admission to such places and events is imposed upon members of the public: (1) Any performance of a motion picture, stage show, play, concert or other manifestation of the performing arts; (2) Any sporting or athletic contest, exhibit, or event, either amateur or professional; (3) Any lecture, rally, speech, or dissertation; (4) Any showing, display, or exhibition of any type, including art exhibitions; and (5) Any restaurant, tavern, lounge, or club, whether the admission is called a "cover charge," "door charge," or any other such term. {6) Notwithstanding the foregoing, exempt from taxation under this Section 21-54 shall be non-profit museums, whether operated by public or private entities, and art exhibits or shows or other events sponsored by the City of Wheat Ridae and held at City owned facilities. Section 3. Section 21-54.1(j) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section 21-54.1(J). "Admission charge" shall mean any charge for the right or privilege of admission to an event which is open to the public as defined herein. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further_ determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to O on this 13th day of October , 1986, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 27 , 1986, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3 this 27th day of October 1986. SIGNED by the Mayor on this 28th day of October 1986. Cl Frank Stites, Mayor 2 ATTEST: t Wanda Sang, Ci_y CaPrk 1st Publication: 10/16/86 APPROVED TO ORM BY 2nd Publication: 10/30/86 OFFICE TO E Wheat Ridge Sentinel: / Effective Date: 10/31/86 John