For the purposes of this Division, the following words, terms
and phrases are defined as follows:
CITY COLLECTOR
Shall be construed as the City Administrator or his/her duly
authorized representative.
MANUFACTURER
Includes every person who shall purchase, hold or manufacture personal property for the purpose of adding to the value thereof by any process of manufacturing or refining, or by the combination of different materials, or who shall purchase and sell manufactured articles such as he/she manufactures or uses in manufacturing, except as is or may be otherwise provided in this Article, but shall not include any person lawfully engaged in a home occupation within the City in compliance with the provisions of Section
405.450(A) of the City Code of Ordinances.
WAREHOUSE
Includes every person who is primarily engaged in the storage
or sales of materials, equipment or products to wholesalers or retailers.
It shall be the duty of the City Collector, after the first
(1st) day of January of each calendar year, to communicate with each
and every person engaged in a business, trade or occupation in the
City, including, but not limited to, manufacturers, and to notify
such person to file, and it shall be the duty of every such person
(whether so notified or not) to furnish to the City Collector, on
or before the fifteenth (15th) day of March of each calendar year,
a sworn statement in writing, on forms to be provided by the City
Collector, truly and correctly showing the amount of gross square
footage attributable to such occupation or business as of January
first (1st) of the applicable calendar year. Said statement shall
serve as the basis for calculation of the applicable license tax.
No license issued pursuant to the provisions of this Article
shall be assignable or transferable, nor shall any license issued
pursuant to the provisions of this Article be construed to permit
the person to whom it is issued to carry on the business or occupation
for which the license is obtained at more than one (1) store, stand
or place at the same time within the City, but a separate license
must be obtained, and a similar tax or fee shall be paid, for each
store, stand or place within the City.
[Ord. No. 5273 §1, 9-24-2012]
A. The
City Collector shall add the following penalties for all license fees
paid after the annual due date for license fees of March fifteenth
(15th):
1. For failure to timely apply for license and/or submit the required statement pursuant to Section
605.040, unless it is shown that the failure was due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent:
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One (1) month or less delinquent
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5% of fee
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Between one (1) month and one (1) day and two (2) months delinquent
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10% of fee
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Between two (2) months and one (1) day and three (3) months
delinquent
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15% of fee
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Between three (3) months and one (1) day and four (4) months
delinquent
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20% of fee
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More than four (4) months delinquent
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25% of fee
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2. For failure to timely pay the license fee in full pursuant to Section
605.060, unless it is shown that the failure was due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, negligence or intentional disregard of law:
5% of the deficiency
The City Collector shall, upon request by a taxpayer, apprise
the taxpayer of the factual basis for the finding of negligence, or
the specific rules or regulations disregarded if the City Collector
assesses a penalty on such basis under this Subsection.
Provided however, the City Collector shall add the maximum penalties
allowed by law if less than the penalties stated above.
B. Any person who shall exercise or attempt to exercise, engage in or carry on in the City any of the businesses, trades or occupations, including, but not limited to, manufacturers, for which a license is required under this Article, without first having delivered to the City Collector the statement required by Section
605.050, paid the license tax and obtained the license required under this Article, and any person who shall otherwise violate or fail to comply with any of the provisions of this Article shall upon conviction be subject to punishment as provided in Section
100.090 of this Code.
C. Any person who shall make or file with the City Collector any statement, under oath, required by this Chapter, which is false, shall on conviction thereof forfeit any license based upon such false statement and shall be punished as provided in Section
100.090 of this Code.
The City Collector, his/her deputies and agents, and such inspectors as may be designated from time to time by the City Collector, is and are hereby authorized to investigate the accuracy of any statement filed with the City Collector under the provisions of Section
605.050 of this Chapter and for that purpose shall have access to all reasonable times to the premises and records of any person filing any such statement.
[Ord. No. 5273 §1, 9-24-2012]
It shall be the duty of the City Collector to carefully examine
all statements filed with him/her, and to notify the City Attorney
of, and to prosecute, all violations of this Division. Before instituting
any prosecution based upon a false or incorrect statement filed with
him/her, the City Collector shall give the person making such statement
an opportunity to explain and correct the statement, if inadvertently
made. It shall also be the duty of the City Collector to enforce collection
of any and all amounts past due for license taxes or fees under this
Division by suit in any court of competent jurisdiction, together
with the applicable statutory interest (at a rate equal to the adjusted
prime rate charged by banks, rounded to the nearest percent, which
shall become effective January first (1st) of each succeeding year),
penalty and reasonable attorney's fees for prosecuting such suit.