432.213 Municipal services fee.

Sec. 13. (1) In addition to payment of the state or city wagering tax and other fees as set forth in this act, and to any payment required pursuant to the development agreement, a city may impose a municipal services fee upon each licensee located in the city equal to the greater of 1.25% of adjusted gross receipts or $4,000,000.00 in order to assist the city in defraying the cost of hosting casinos. The city may require a municipal services fee of $4,000,000.00 to be paid annually, in advance, commencing on the date the casino opened for operations and on the anniversary of that date thereafter. Within 20 days after each anniversary of the date the licensed casino opened for operations, the licensee shall pay any additional municipal services fee owning for the operating year just ended above the advance previously paid for that operating year. The municipal services fee shall be deposited by the city in its general fund for disbursement in accordance with the restrictions of this section and applicable municipal ordinances. The city may submit the question of whether to impose the fee authorized by this subsection to the electors of the city for approval.

Editor's note - In the paragraph above, the clause "...owning for the operating year just ended..." should read "...owing for the operating year just ended..."

(2) If a city does not impose a municipal services fee under subsection (1), in addition to payment of the state or city wagering tax and other fees as set forth in this act, there is imposed by the state a municipal services tax upon each licensee located in the city. The rate of the tax imposed by this subsection shall be established to limit the aggregate annual amount of the tax imposed by the state under this subsection upon each licensee and by the city pursuant to subsection (1) upon each licensee to the greater of 1.25% of adjusted gross receipts or $4,000,000.00. The tax imposed by this subsection shall be paid in the same manner and at the same times as the fee imposed by the city under subsection (1). The revenues received from the imposition of the tax imposed by this subsection shall be remitted to the city and deposited by the city in its general fund for disbursement for the purposes permitted for a fee under subsection (1).