1. (a) Except as provided in subsection (b), after June 30 of a year but before January 1 of the following year, the fiscal body of a city may adopt an ordinance to impose an excise tax, known as the entertainment facility admissions tax, for the privilege of attending any event:

   1. (1) held in a privately owned outdoor entertainment facility that:

      1. (A) has a minimum capacity of at least ten thousand (10,000) patrons; and
      2. (B) is located in a geographic area that has been annexed by the city before the adoption of the ordinance; and

   2. (2) to which tickets are offered for sale to the public by:

      1. (A) the box office of the facility; or
      2. (B) an authorized agent of the facility.

2. (b) The excise tax imposed under subsection (a) does not apply to the following:

   1. (1) An event sponsored by an educational institution or an association representing an educational institution.
   2. (2) An event sponsored by a religious organization.
   3. (3) An event sponsored by an organization that is considered a charitable organization by the Internal Revenue Service for federal tax purposes.
   4. (4) An event sponsored by a political organization.
   5. (5) An event for which tickets are sold on a per-vehicle or similar basis and not on a per-person basis.

3. (c) If the fiscal body adopts an ordinance under subsection (a), the tax applies to an event ticket purchased after:

   1. (1) December 31 of the calendar year in which the ordinance is adopted; or

   2. (2) a later date that is set forth in the ordinance.

      The tax terminates and may not be collected for events that occur after the city has satisfied any outstanding obligations described in section 5(c)(2) of this chapter.

As added by P.L.254-2003, SEC.13.