HomeMy WebLinkAbout2024/02/27 - Regular Board of Mason County Commissioners
p Proceedings
Commission Chambers
� sf 411 N 5t' St, Shelton, WA 98584
February 27, 2024
1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m.
2. Pledge of Allegiance—Tim Baskbrook led the flag salute.
3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner
District 2—Kevin Shutty;Commissioner District 3 —Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 United States Congressmen Derek Kilmer sent a letter supporting the expansion of sewer
line to the Puget Sound Industrial Center(PSIC)in Bremerton.
4.1.2 Jamison Harris,Manager of Government and Regulatory Affairs for Comcast,announced
the Federal Communication Commission(FCC)will end federal funding for the
Affordable Connectivity Program(ACP)as early as April.
4.1.3 Greg Bartol sent in a letter requesting marijuana grow operations be only allowed in
industrial areas of Mason County.
4.1.4 Correspondence was received regarding short-term rentals being considered as businesses.
4.1.5 Homes First sent in their Annual Report for 2024.
4.1.6 Raleigh Watts,Kate Evans,Joseph and Patricia Sinnitt,Meri Sinnit,Lisa and Bill
Hurney,and Brent and Jaimie Sinnitt sent in letters requesting the Washington State
Department of Natural Resource's Harstine Flats timber sale be cancelled.
4.1.7 Washington State Liquor and Cannabis Board sent in the following: liquor license
renewal applications,notice of liquor license application, liquor license approval for
Bucks Prairie Mercantile, and special occasion liquor license.
5. Open Forum for Citizen Input
Dean Jewett,Mason County,shared Mason County's mission statement and discussed the"street
people"population and the unclean encampments around the County where garbage overflows
and creates unclean conditions. One five-gallon bucket of feces can make 13 acres of tideland
inactive. Air B&B rules and regulations need to be discussed as well.
Ken VanBuskirk,Belfair,attended the Planning Advisory Commission(PAC)meeting for the
Comprehensive Plan update. Public engagement will be a key success for the update. Other
topics included Zoom chat being used during the PAC meeting and the Port of Allyn safety
deposit box.
6. Adoption of Agenda
Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried
unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr. Shutty/Trask moved and seconded to adopt the February 5,2024 Briefing Minutes as
presented. Motion carried unanimously. N-aye; S-aye; T-aye.
8. Approval of Action Agenda
8.1 Approval of Warrants and Treasurer Electronic Remittances
Claims Clearing Fund Warrant#8102789-8103112 $2,687,499.80
8.2 Approval to appoint Jens-Dieter Stahmer and Karen Rice to the Solid Waste Advisory
Committee(SWAC)for three-year terms expiring February 27,2027.
8.3 Approval to add budget amendments for Treatment Sales Tax(TST)transfers from 2023 into
the 2024 budget: $20,104 from Mental Health fund no. 164 to the Clerk's Office and$157,259
from Mental Health fund no. 164 to the Office of Public Defense(OPD).
8.4 Approval for the Chair to sign the amendment to the Blake Reimbursement Agreement with the
Washington State Administrative Office of the Courts(AOC)for a maximum amount of
$591,739.
8.5 Approval for the County Administrator to sign the service contract with Mendoza's Texas Style
Food for concessions at the Mason County Recreational Area(MCRA)park for an additional
three years to expire at the end of the 2026 season.
8.6 Approval to appoint Heather Kennedy to the Mason County Housing and Behavioral Health
Advisory Board for a four-year term expiring February 27,2028.
8.7 Approval of the Resolution amending the Mason County Personnel Policy removing Section
5.13 Career Incentive Policy. (Attachment A,Resolution No.2024-012)
8.8 Approval to post and advertise the Public Works Wastewater Manager position and approval of
the Resolution instituting a$5,000 recruitment bonus to be distributed as$2,500 upon hire and
$2,500 upon successful completion of the first year of employment. (Attachment B,
Resolution No.2024-013)
8.9 Approval of the Resolution imposing the 2110 of 1%Sales and Use Tax for 911 Emergency
Communications Systems and Facilities. (Attachment C,Resolution No.2024-014)
Cmmr.Trask/Shutty moved and seconded to approve action items 8.1 through 8.9. Motion
carried unanimously. N-aye; S-aye;T-aye.
9. Other Business(Department Heads and Elected Officials)
Mark Neary,County Administrator,received comments regarding short-term rental regulations.
An additional workshop will be done in early April. The PAC meeting for the Comprehensive
Plan was very detail oriented and was a great opportunity for the public to get involved.
Kelly Frazier,Facilities Manager,shared Building 10 will be dedicated as the"Gary Paul
Burleson Law and Office"building on March 11,2024 at 1:00 p.m.
10. 9:15 a.m.Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
10.1 Public Hearing to consider updating Mason County Code Chapter 3.17 for gambling tax and to
consider lowering the gambling tax rate from 5%to 3%. Staff.Lisa Frazier(Attachment D,
Ordinance No.2024-015)
Lisa Frazier,Treasurer,shared the question was brought before her on if the Gambling Tax
Rate should be decreased from 5%to 3%to match Kitsap County. In reviewing the current
Ordinance,it was apparent that several updates were needed.
QUESTIONS
Cmmr. Shutty asked what the rate is for Thurston County? Lisa answered 5%.
Cmmr.Trask asked what the rate is for the City of Shelton? Mark answered 5%.
21 February 27 , 2024 Commission Minutes
Cmmr. Shutty asked what the State's application process is. Lisa shared this is one of the
hardest billing and collections for small businesses. There is very little communication with
the state about who is doing business and when they are doing business. Part of the Ordinance
change is to have new businesses provide a copy of their Gambling License for tracking.
Currently there are six businesses in Mason County that have pull tab revenue. This revenue
goes to the Sheriff s Office Current Expense. The decrease in tax rate would lower that annual
revenue by an estimated$35,000 annually. The Ordinance also adds better tracking and
collection for the Treasurer's Office.
TESTIMONY
Guinevere Casey,Casey's Bar and Grill,shared that although the rate for Thurston County is
5%,the rate for Grays Harbor is 2.5%,Pierce is 2%,and Kitsap is 3%. Since buying the Bar
and Grill 11 years ago,minimum wage has more than doubled along with unemployment and
Labor and Industries(L&I)costs. The Commercial Stimulant License for pull tabs is used to
stimulate the economy. It is difficult to sustain because of all of the taxes. The County should
be more comparable to the surrounding counties. This could encourage other business owners
to participate.
Tim Masbruch,Bent Bine Brewing Company,has been looking into getting pull tabs and has
talked with other bar owners and listened to their concerns and benefits. It was a surprise that
Mason County has one of the highest tax rates. It is a nice boost and stimulant for businesses
and would be nice to offer to the community. If counties such as Pierce can offer a lower tax
rate,Mason County should too. Bent Bine Brewery is a popular location for charities,
community events,and works with the local library,the elderly,and the Hub to help with
various demographics in the community.
Stephanie Bronson,Taylor Station Restaurant and Lounge,shared her thanks for the research
that has been done and shared her support of the lower tax rate. It would mean a lot to small
businesses to have a 2%decrease in taxes. This decrease could help pay for another cook,or
dishwasher,or server,to better serve customers.
DELIBERATION
Cmmr. Shutty expressed concerns about the decrease in revenue for the Sheriffs Office and
law enforcement. This is a community that supports and values law enforcement and public
safety. Roughly$100,000 a year is generated from this tax which could pay for one Sheriff s
Deputy position. Funds must be used from elsewhere to fund those positions. The past four
years,the County has not taken its constitutional 1%to increase property taxes which would
also generate an estimated$100,000 to the General Fund. That has accumulated to about
$400,000 in the past four years that would go into the General Fund to support other functions
like law enforcement. The Commissioners must balance where taxes are and are not received.
A bigger conversation about what the Commission can do to help support those functions in
the General Fund is needed.
Cmmr.Trask looked at the State's website to see where gambling tax monies go. $200 million
goes to school and an additional$52 million goes to the General Fund. There is concern for
funding for the Sheriff s Office and helping small business owners. What if the gambling tax
rate is lowered to 4%? There are upcoming discussions that need be had around the Jail and
other mandates from the State.
Cmmr.Neatherlin shared the County has not had to implement the 1%increase and needs to
3 February 27 , 2024 Commission Minutes
give back or provide more services. Lowering the tax rate could generate more revenue in the
long run from other businesses investing in pull tabs. The County can handle the revenue
shortfall. 3%would be the most realistic.
Cmmr.Trask/Neatherlin moved and seconded to approve the changes to County Code
Chapter 3.17 establishing gambling tax rate for punch boards and pull-tabs and lower
the tax rate to 3%. Motion carried unanimously. N-aye; S-nay;T-aye.
11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:53 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
me 5�. .
McKenzie Sm th,CYerk of the Board Ra y Neatherlin,Chair
Kevin Shu ,V' -Chair
Sharon Trask, Commissioner
41 February 27 , 2024 Commission Minutes
e.xh%b%k A
Resolution No. 202 r- ME
AMEND RESOLUTION 2024-009 MASON COUNTY PERSONNEL POLICY UPDATES
WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the
coordination of county administrative programs, which is accomplished through the adoption of
the Personnel Policy; and
WHEREAS, it is necessary and appropriate to remove Section 5.10 Career Incentive Pay Policy;
NOW, THEREFORE, BE IT RESOLVED,that the Board of County Commissioners of Mason
County hereby amends Resolution 2024-009 Mason County Personnel Policy to include the
updates above. This resolution shall become effective immediately upon its passage.
DATED this day of F tbrua y:SA , 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smi ,CIA of the Board R1 Neatherlin,Chair
APPROVED AS TO FORM:
Sharon Trask,Commissioner
a
�TimWhitehe eputy Prosecuting
Attorney Kevin Shutty,Cot
o missioner
Resolution No. 2b24-013
RECRUITMENT BONUS FOR PUBLIC WORKS WASTEWATER MANAGER
POSITION
WHEREAS,RCW 36.16.070 states ...The Board shall fix the compensation of all employees;
WHEREAS,the recruitment of Public Works Wastewater Manager is a priority and has a
significant impact on the County;
WHEREAS,the position has been vacant for over one(1)year;
NOW,THEREFORE,BE IT RESOLVED,that the Board of County Commissioners of Mason
County hereby institute a recruitment bonus to be paid out for the Public Works Wastewater
Manager position upon signing through December 31,2025.The recruitment bonus maximum is
$5,000 and will be distributed with$2,500 upon hire and$2,500 upon successful completion of
the first year of employment.If an employee separates from employment in the position prior to
the second installment or fails probation,they will not be eligible for the second installment.
DATED this I-J*` day of Febru►aru ,2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,W HINGTON
McKenzie Smit ,Cle f the Board Randy Nl therlin,Chair
APPROVED AS TO FORM: Sharon Trask,Commissioner
Tun Whitehead, ecutin Kevin Shu ,Co 'ssioner
RESOLUTION NO. 2024 0�+
A resolution imposing the 2/10 of 1% sales and use tax for emergency
communications system and facilities
A RESOLUTION relating to the imposition of two-tenths of one percent sales and use tax for the
purpose of providing funds for the costs associated with financing, design acquisition,
construction, equipping, operating, maintaining, remodeling, repairing, reequipping, and
improvement of emergency communications system and facilities.
WHEREAS, pursuant to RCW 82.14.420, the Board of Mason County Commissioners submitted
an authorizing proposition to the voters on February 13, 2024 to fix and impose a sales and use
tax for the purpose of providing ongoing funds for cost associated with financing, design,
acquisition, construction, equipping, operating, maintaining, remodeling, repairing, reequipping,
and improvement of emergency communication systems and facilities; and
WHEREAS, this proposition was approved by a majority of the voters; and
WHEREAS, it appears to be in best public interest to impose this sales and use tax in accordance
with the vote of the people of Mason County;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS of
Mason County, that we hereby authorize the imposition of a two-tenths of one percent sales and
use tax consistent with the results of the February 13, 2024 election results and 82.14 RCW, to
be collected from those persons who are taxable by the state under chapters 82.08 and 82.12
RCW upon the occurrence of any taxable event within the county.
ADOPTED: February 27, 2024.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST: 4A
RarAy Nea erlin, Chair
McKenzie Smit , Clbfk of the Board S
APPROVED AS TO FORM: Kevin Shutty, 6ort
issioner
Tim Whitehe Sharon Trask, Commissioner
Chief Civil Deputy Prosecuting Attorney
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Communications Tax Imposed Feb 27.doc
exh�b�� D
ORDINANCE NO. 202A-015
REVISING ORDINANCE NO. 18-12 and
UPDATING COUNTY CODE CHAPTER 3.17
GAMBLING TAX RATE FOR PUNCH BOARDS AND PULL-TABS
WHEREAS, RCW 9.46.110 states "(1) The legislative authority of any county,
city-county, city or town, by local law and ordinance and in accordance with the
provisions of this chapter and rules adopted under this chapter within in its jurisdiction,
the tax receipts to go to the county, city-county, city or town so taxing the activity. Any
such tax imposed by a county alone shall not apply to any gambling activity within a city
or town located in the county, but the tax rate established by a county, if any, shall
constitute the tax rate throughout the unincorporated areas of such county."
WHEREAS, it is the intent of the Board of Mason County Commissioner's to
levy a tax in an amount provided by State Law on persons operating gambling activities
pursuant to RCW 9.46.0217 within the unincorporated areas of Mason County; but not to
levy a tax on"bona fide charitable or nonprofit organizations" as defined below;
NOW THEREFORE, there is hereby levied upon and shall be collected from
and paid by every person receiving money or value from punch boards and pull-tabs as
authorized by state laws, a tax in the amount of three percent(3%) of the gross receipts
from the operation of the games (punch boards and pull tabs).
1. DEFINITIONS.
Person(s)
Means any individual, firm, partnership, association, corporation, company, or group of
individuals working for a common purpose or an organization of any kind.
Bona fide charitable or nonprofit organizations
Means any nonprofit organization duly existing under the provisions of state law, or any
other nonprofit corporation duly existing under the provisions of Chapter 24.03 RCW for
charitable, benevolent, eleemosynary, educational, civil, patriotic,political, social,
fraternal, athletic, or agricultural purposes only.
Gross receipts
Means the total sum of money or value received from punchboards or pull tabs activity
before the deduction is taken for operational and maintenance expenses, capital outlay,
cost of prizes, or any other expense of any kind or nature.
2. ACTION ON OPERATION CESSATION
Whenever any person, Association or organization taxable under this chapter conducting
or operating a taxable activity on a regular basis discontinues operation of that taxable
activity for a period of more than four consecutive weeks, or quits business, sells out or
otherwise disposes of its business, or terminates the business, any tax due under this
chapter shall become due and payable, and such taxpayer shall, within ten days thereafter,
notify the county treasurer and make a return and pay the tax due.
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3. SHORTER PAYMENT INTERVALS WHEN
Whenever it appears to the Mason County Treasurer that the collection of taxes from any
person, association or organization may be in jeopardy,the Mason County Treasurer,
after not less than five days' notice to the taxpayer, is authorized to require the taxpayer
to remit taxes and return at such shorter intervals than quarterly or annually, as the Mason
County Treasurer deems appropriate under the circumstances.
4. PAYMENT OF TAX
Payment of the tax imposed by this ordinance shall be due and payable quarterly in each
calendar year, and payment shall be remitted to the Mason County Treasurer, on the form
provided by the county treasurer on or before the due date by bank draft, certified check,
cashier's check,personal check,business check,money order, or cash. If payment is
made by bank draft or check,the tax shall not be deemed paid until the draft or check has
cleared by the bank, nor shall any acceptance of any sum by the Mason County Treasurer
be an acquittance or discharge of the tax unless the amount paid is the full amount due.
The gambling tax return and copy of the quarterly report to the Washington State
Gambling Commission, shall be remitted with payment to the Mason County Treasurer
within 30 days from the end of the quarter or on or before the last business day of that
month.-The taxpayer shall swear or affirm that the information given on the tax return is
full an true and correct.
Whenever the total tax due does not exceed the sum of Twenty-five Dollars ($25.00)for
any quarterly period, an annual return may be made if approved by the Mason County
Treasurer.
When a taxpayer begins business during any quarterly period,his/her first return or tax
shall be based upon and cover the portion of the quarterly period during which he/she
conducted business.
5. PENALTY FOR DELINQUENT PAYMENTS AND LATE RETURNS
If full payment of any tax or fee due under this chapter is not received by the Mason
County Treasurer on or before the date due,there shall be added to the amount due a
penalty fee as follows:
(1) One (1)through ten(10) days late, five percent(5%) of the tax due
(2) Eleven(11)through twenty(20) days late, seven and one-half percent(7.5%)of
the tax due
(3) Twenty-one (21)through thirty-one(3 1)days late,ten percent(10%) of the tax
due
(4) Thirty-two (32)through sixty(60) days late, fifteen percent(15%)of the tax due
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In no event shall the penalty amount be less than ten dollars. In addition to this penalty
the Mason County Treasurer shall charge the taxpayer interest of twelve percent(12%)
per year on all taxes and fees delinquent for more than thirty(30) days.
6. NOTICE OF INTENT TO ENGAGE IN GAMBLING ACTIVITY
In order that Mason County may identify those persons who are subject to taxation under
this chapter, each person, association or organization shall file with the Mason County
Treasurer a sworn declaration of intent to conduct an activity taxable under this chapter
upon a form prescribed by the Mason County Treasurer, together with a copy of the
license issued therefor by the Washington State Gambling Commission. The filing shall
be made no later than ten(10) days prior to conducting or operating the taxable activity.
Failure to file shall not excuse any person, association or organization from any tax
liability.
7. TAX RECORDS TO BE KEPT
Each person, association or organization engaging in an activity taxable under this
chapter shall maintain records respecting that activity which truly, completely and
accurately disclose all information necessary to determine the taxpayer's tax liability
under this chapter during each based tax period. Such records shall be kept and
maintained for a period of not less than three (3)years. In addition, all information and
items required by the Washington State Gambling Commission under WAC Chapter 230-
08, and the United States Internal Revenue Service respecting taxation, shall be kept and
maintained for the periods required by those agencies.
All books,records or other items required to be kept and maintained under this section
shall be subject to, and immediately made available or produced for inspection and audit
at any time,with or without notice, at the place where such records are kept upon demand
by any Mason County law enforcement officer or agency for the purpose of enforcing the
provisions of this chapter. The person, association or organization will bear the actual
cost of inspections by any Mason County law enforcement officer or agency. The
estimated costs shall be paid in advance to the Mason County law enforcement agency
and include,but are not limited to,round trip fare, lodging,meals and incidental
expenses. The actual amount due, or to be refunded,for expenses shall be determined
following examination of the records.
8. OVER AND UNDER PAYMENT OF TAX
If within three(3)years from the date of payment,the Mason County Treasurer fords that
the tax paid on any tax return exceeds the amount required,the Treasurer shall refund the
amount overpaid. If the Mason County Treasurer finds the tax paid is less than required,
the Treasurer shall mail a statement to the person showing the balance due, and such
person shall within,ten(10) calendar days to pay the amount shown due. Failure to pay
additional taxes due in a timely manner will result in additional penalties and interest as
assessed under the provisions of this chapter.
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9.FAILURE TO FILE A RETURN
If any person fails,neglects, or refuses to file a return as required,the Mason County
Treasurer is authorized to determine the amount of tax due,together with any penalty
and/or interest assessed under the provisions of this chapter, and by mail to notify the
taxpayer of the amount so determined to be due. The determined amount due shall, upon
notification by mail,become immediately payable.
10.APPEAL TO THE BOARD OF COUNTY COMMISSIONERS
Any taxpayer aggrieved by the amount of tax found by the Mason County Treasurer to be
due may appeal the amount of the tax to the Board of Mason County Commissioners by
filing a written notice of appeal with the Clerk of the Board of the Mason County
Commissioners within five (5)business days from the date such person received notice of
the amount of tax due.
The Board of Mason County Commissioner's shall fix a time and place for a hearing of
such appeal,which shall not be more than three (3)weeks after the filing of the notice of
appeal. The Board of Mason County Commissioners shall mail a notice of the hearing to
appellant.
At such hearing,the appellant shall be entitled to be heard and to introduce evidence in
his/her own behalf. The Board of Mason County Commissioners shall determine the
correct amount of the tax by order. The appellant must pay the tax amount due within
five (5)business days after receipt of the Board of County Commissioners order.
The Chair of the Board of Mason County Commissioners may require the attendance of
any person(s) at the hearing and may require any such person(s)to produce any pertinent
records. It shall be unlawful for any such person(s)to fail to appear in response to a
subpoena; and unlawful for any such person to fail or refuse to produce the required
records or to fail to testify truthfully under oath.
11. COUNTY TREASURER TO MAKE RULES
The Mason County Treasurer shall have the power to adopt,publish, and enforce rules
and regulations consistent with this Ordinance and State Law for the purpose of carrying
out the provisions of this Ordinance; and it shall be unlawful to violate or fail to comply
with any such rule or regulation.
12. FALSE RETURNS UNLAWFUL
It shall be unlawful for any person liable for the tax to fail to or refuse to file the required
returns, or to fail to or refuse to pay the tax due; or for any person to make a false or
fraudulent return or any false statement or representation in,or in connection with any
such return, or to aid or abet another in any attempt to evade payment of the tax, or any
part of the tax.
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13. CRIMINAL PENALTIES
Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this Ordinance shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under this Ordinance shall be punished by a fine of not more
than Five Hundred Dollars ($500.00) or by imprisonment not to exceed ninety days, or by
both, consistent with state laws. Each such person shall be guilty of a separate offense
for each and every day during any portion of which any violation of any provision of the
Ordinance is committed, continued, or permitted by any such person, and he/she shall be
punished accordingly.
14. LIEN OF TAXES IMPOSED
Taxes imposed by the Ordinance as stated in Chapter 9.46.110 (4)become a lien upon the
personal and real property used in the gambling activity in the same manner as provided
for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and
shall relate back and have priority against the real and personal property to the same
extent as ad valorem taxes.
15. CIVIL ACTION TO COLLECT TAXES,INTEREST,PENALTIES
AND FEES
Where the tax is one imposed by a county, city or town under RCW 9.46.110, any such
action shall be brought by that county, city or town on its own behalf. An action may be
brought whether the person owing the amount is at such time a licensee pursuant to the
provisions of Chapter 9.46.350 RCW. If such an action is brought in the courts of this
state, a writ of attachment may be issued and no bond or affidavit prior to the issuance
thereof shall be required. In all actions in this state, the records of the county, city or
town, shall be prima facie evidence of the determination of the tax due or the amount of
the delinquency.
16. INTERPRETATION
This Ordinance shall be subject to the laws of the State of Washington,particularly
Chapter 9.46 RCW, and the rules and regulations of the Gambling Commission of the
State of Washington. In the event any section or portion of this Ordinance should be held
by a court of competent jurisdiction to be invalid, the remaining portions not so held to be
invalid shall remain in full force and effect.
17. EFFECTIVE DATE
This ordinance shall be effective April 1, 2024.
Approved this 27' day of February 27, 2024.
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Gambling Tax Ordinance
MASON OUNTY COMMISSIONERS
R II y Neatherlin, Chair
1
Kevin Shutty, Vi Chair
Attest:
Sharon Trask, Commissioner
D �a�
McKenzie Smi , Cle of the Board
Approved as to
evil Deputy Prosecuting Attorney
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