§19-601. Definitions.
(1) In this Chapter the following definitions
apply:
(a)
Amusement. Any theatrical or operatic performance,
concerts, motion picture shows, vaudeville, circuses, carnivals, side shows,
exhibitions, shows, displays, dancing, all forms of entertainment at fair
grounds, amusement parks and athletic contests, including wrestling matches,
boxing and sparring exhibitions, baseball, football and basketball games,
golfing, tennis, hockey, archery and shooting, where a charge, donation,
contribution or monetary charge of any character is made for admission. The term
amusement shall not apply to persons participating in any athletic game or
contest or to the exceptions specified in Section
19-601(2).
[95] (b)
Established
Price.[96] The regular monetary
charge of any character whatever, including donations, contributions, and dues,
or membership fees (periodical or otherwise), fixed and exacted, or in any
manner received by producers, as herein defined, from the public, or a limited
selected number thereof, directly or indirectly, for the privilege to attend or
engage in any amusement, except if:
(.1) such amusement is conducted
at a social club or fraternal organization which also furnishes entertainment
for which a separate charge is made, the "established price" shall be 50% of the
gross receipts or 10% of the dues, whichever is higher.
(c)
Place of
Amusement. Any place, indoors or outdoors, within the City, where the
general public, or a limited or selected number thereof, may, upon payment of an
established price, attend any of the amusements set forth in subsection (a)
above.
[97] (d)
Producer.
Any person conducting any place of amusement where the general public, or a
limited or selected number thereof, may, upon the payment of an established
price, attend or engage in any amusement.
(2) The term "amusement" shall
not include:
(a) the reception and exhibition of television broadcasts
where no charge, direct or indirect, is made for admission
thereto;
(b) any form of entertainment, regardless of the nature
thereof, where the proceeds thereof, after payment of reasonable expenses,
inure:
(.1) exclusively to the benefit of religious, educational, and
charitable institutions, societies, or organizations, societies, or
organizations for the prevention of cruelty to children or animals, or societies
or organizations conducted for the sole purpose of maintaining symphony
orchestras, opera performances, and artistic presentations, including, but not
limited to, musical presentations, and receiving substantial support from
voluntary contributions, societies or organizations conducted and maintained for
the purpose of improving any municipal corporation, for the purpose of
maintaining a cooperative or community center, moving picture theater, or
swimming pool; provided that no part of the net earnings of the institutions,
societies, or organizations inures to the benefit of any private shareholder or
person; provided that these exemptions shall not apply to athletic games or
contests between universities or colleges, or to wrestling matches, boxing,
sparring or other pugilistic matches or exhibitions, except where the net
proceeds shall inure to the benefit of a nonprofit organization other than and
in no way connected with the universities or colleges participating in such
athletic
contest;
[98] (.2) exclusively
to the benefit of organizations or persons in the military or naval forces of
the United States, or of National Guard organizations, reserve officers’
associations, or organizations, posts or associations of war veterans, or
auxiliary units or societies of such posts or organizations, if such posts,
organizations, units or societies are organized in the Commonwealth and if no
part of their earnings inures to the benefit of any private shareholder or
person;
(.3) exclusively to the benefit of organizations or
associations created and maintained for the purpose of benefiting the members,
or the dependents of, or the heirs of, members of the police, or any paid or
volunteer fire department of any political subdivision of the
Commonwealth.
(c) Legitimate theater shows. Legitimate theater shows
are presentations of traditional forms of drama, comedy, musical comedy,
tragedy, repertoire works, dramatic recitation of recognized works of literary
art of the kind and in the nature normally associated with traditional and
contemporary American
theater.
[99]