[Ord. No. 06-03-03 § 3, 3-9-2006]
When used in this Chapter, the following words
shall have the meanings respectively ascribed to them:
An item manufactured of tobacco or any substitute therefor,
wrapped in paper or any substitute therefor, weighing not to exceed
three (3) pounds per one thousand (1,000) cigarettes, and which is
commonly classified, labeled or advertised as a "cigarette."
A person who comes into possession of tobacco for the purpose
of consuming it, giving it away or disposing of it in any way.
Any person dealing directly with the manufacturer of cigarettes
in their purchase and in the business of selling cigarettes as a first
seller.
The first sale of a tobacco product by a manufacturer, wholesaler
or other person to a person who intends to sell such tobacco products
at retail or to a person at retail within the State of Missouri.
A container of any type composition in which is normally
contained twenty (20) individual cigarettes, except as in special
instances when the number may be more or less than twenty (20).
Any individual, corporation, firm, partnership, incorporated
or unincorporated association, or any other legal or commercial entity.
Any person who sells to a consumer or to any person for any
purpose other than resale.
Includes sales, barters, exchanges and every other manner,
method and form of transferring the ownership of personal property
from one (1) person to another. "Sale" also means the possession of
cigarettes or tobacco products by any person other than a manufacturer,
wholesaler or retailer and shall be prima facie evidence of possession
for consumption.
Includes all persons engaged in the distribution or sale
of cigarettes by means of coin-operated vending machines.
Any person, firm or corporation organized and existing, or
doing business primarily to sell cigarettes or tobacco products to,
and render service to retailers in the territory the person, firm
or corporation chooses to serve; that purchases cigarettes or tobacco
products directly from the manufacturer; that carries at all times
at his/her or its principal place of business a representative stock
of cigarettes or tobacco products for sale; and that comes into the
possession of cigarettes or tobacco products for the purpose of selling
them to retailers or to persons outside or within the State who might
resell or retail the cigarettes or tobacco products to consumers.
This shall include any manufacturer, jobber, broker, agent or other
person, whether or not enumerated in this Chapter, who so sells or
so distributes cigarettes or tobacco products.
[Ord. No. 06-03-03 § 3, 3-9-2006]
It is not intended that the tax set forth herein
constitute the only tax paid by cigarette dealers or wholesalers to
the City of Salisbury, Missouri, for the sale of cigarettes. Nothing
herein contained shall eliminate said dealers' or wholesalers' obligation
to the City for other taxes, licenses, fees or assessments not directly
related to the sale of cigarettes.
[Ord. No. 06-03-03 § 3, 3-9-2006]
The tax herein set forth shall be paid by the dealer or wholesaler, as defined in Section 615.010, selling cigarettes or offering cigarettes for sale.
[Ord. No. 06-03-03 § 3, 3-9-2006]
Every dealer or wholesaler engaged in the business of selling cigarettes or offering or displaying the same for sale within the City shall pay an occupation tax at the rate of one dollar ($1.00) per thousand (1,000) for all cigarettes sold or offered or displayed for sale. This tax shall be paid but once, as provided for in Section 615.030, and only by the dealer selling cigarettes or displaying or offering them for sale.
[Ord. No. 06-03-03 § 3, 3-9-2006]
It shall be the duty of every dealer or wholesaler, as defined in Section 615.010, selling, offering or displaying for sale any package of cigarettes to remit the monthly cigarette tax reporting form and full payment by the 15th day of each following month. The canceled check, accompanied by the monthly cigarette tax reporting form, shall be proof of payment.
[Ord. No. 06-03-03 § 3, 3-9-2006]
A.
For the purpose of enabling the City Collector to
enforce the terms of this Section, the following provisions are enacted:
1.
Each dealer in the City and those wholesalers and retailers, as defined in Section 615.010, shall procure and retain invoices showing the amount and value of the shipment of cigarettes received by him/her, the date thereof, and the name of the shipper, and shall retain this invoice for a period of three (3) years subject to the use and inspection of the City of Salisbury.
2.
All dealers, wholesalers and retailers, as defined in Section 615.010, within the City of Salisbury shall maintain and keep for a period of three (3) years such other records of cigarettes received, sold or delivered within the City as may be required by the City Collector.
3.
The City Collector or his/her duly authorized
representatives are authorized to examine the books, papers, invoices
and other records, stock of cigarettes in and upon any premises where
they are placed, stored or sold, and equipment of any said dealer,
wholesaler or retailer pertaining to the sale and delivery of cigarettes
taxable under this Section.
4.
To verify the accuracy of the occupation tax imposed and assessed by this Section, each person, as defined in Section 615.010, is directed and required to give the City Collector or his/her duly authorized representatives the means, facilities and opportunity for such examination as are herein provided for and required.
5.
In addition to the powers herein granted to
the City Collector, he/she is authorized and empowered to prescribe,
adopt, promulgate and enforce rules and regulations relating to the
delegation of his/her powers to a deputy or other employee of his/her
office and any other matter or thing pertaining to the administration
and enforcement of the provisions of this Section.
6.
The City shall have authority to verify reports of cigarettes sold with information provided by dealers, wholesalers and retailers, as defined in Section 615.010, to the Missouri Department of Revenue. Cigarette tax reporting information received from the State of Missouri shall be held in confidence and used solely for verifying cigarette tax payments.
[Ord. No. 06-03-03 § 3, 3-9-2006]
The City Collector shall have power to subpoena
and require the attendance of witnesses and the production of books,
papers and documents to secure information pertinent to the enforcement
of this Section and to examine them in relation thereto.
[Ord. No. 06-03-03 § 3, 3-9-2006]
Any person violating this Section by failing to file a report and make the payment provided for in Section 615.030 hereof shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or be punished by both such fine and imprisonment. Failure to file each monthly report and make each monthly payment shall be deemed a separate offense.
[Ord. No. 06-03-03 § 3, 3-9-2006]
The revenue accruing to the City from the permits
and occupation licenses provided for in this Section shall go to the
General Fund of the City.
