Ventura Municipal Code Ch. 4.160 Cardroom Tax

For the privilege of holding a cardroom license issued in the manner provided by this code, a quarterly tax is hereby imposed on the license holder in an amount equal to 15 percent of the license holder’s gross revenues, which shall include revenue received by the license holder from per hand money collected, seat rental fees, tournament fees and any and all other revenues generated from or as a result of card play, except fees charged to players that are returned to the players as tournament or jackpot bonuses. Such tax shall be in addition to any business license tax imposed pursuant to Chapter 4.155. (Ord. No. 2005-010, 11-8-05)

The tax imposed on cardrooms pursuant to this chapter shall be remitted by the license holder to the city treasurer within 15 days following the end of each quarter within every calendar year commencing with January 15, 2006. Such tax remittance shall be accompanied by (A) a tax statement in a form required by the city treasurer setting forth the true and correct amount of gross revenues generated from or as a result of cardroom operations during the preceding quarter, and (B) a declaration signed under penalty of perjury by the license holder or the licensee’s management declaring that the information in the tax statement is true and correct. (Ord. No. 2005-010, 11-8-05)

Payment of the tax shall be accepted by the city treasurer subject to the right of the city to audit the tax statement accompanying the remittance to determine whether the information set forth therein accurately reflects the actual amount of gross revenues received by the license holder from or as a result of cardroom operations during the preceding quarter.

To facilitate such audits, each license holder shall keep complete records of all transactions related to the receipt or disbursement of funds arising out of or related to cardroom operations during the preceding three-year period. All such records shall be made available to the city treasurer or to the authorized agent of the treasurer for audit at the license holder’s place of doing business after reasonable prior notice.

If, subsequent to an audit, it is determined that a license holder has not reported or underreported gross receipts generated from or as a result of cardroom operations, thereby underpaying the tax imposed by this chapter on the basis of such receipts, the license holder shall pay to the city treasurer the amount of the unpaid tax due, the cost of the audit and the penalty assessed pursuant to Section 4.160.040. (Ord. No. 2005-010, 11-8-05)

Any cardroom license holder that fails to pay the tax imposed pursuant to this chapter when due shall pay a penalty of 10 percent of the month due for each month or portion thereof that the tax remains due and unpaid. Such penalty shall be added by the city treasurer to the tax due on the first day immediately following the due date and the first day of each month thereafter that the tax remains due and unpaid. However, the total amount of such penalty shall not exceed 100 percent of the tax that was due but not paid in a timely manner.

If the tax due date falls on a Saturday, a Sunday, or a state or national holiday, payment of the tax may be made without penalty on the first day thereafter.

For purposes of this section, postmarks shall be accepted as the date of payment provided the transmitting envelope contains the postmark of United States Postal Service indicating a date not later than the due date. (Ord. No. 2005-010, 11-8-05)

This chapter may be amended or repealed by ordinance approved by the electors of the city of San Buenaventura. Except for the tax imposed pursuant to Section 4.160.010, this chapter may also be amended from time to time, by ordinance adopted by five affirmative votes of the members of the city council upon finding by the council that such amendment is necessary to carry out the purposes of this chapter. (Ord. No. 2005-010, 11-8-05)