[Prior code ch. 7; amended by Ord. 561, 6-30-1975]
This chapter shall be known and may be cited as "City of Tahlequah
Sales Tax Ordinance."
[Prior code ch. 7; amended by Ord. 561, 6-30-1975]
The definitions of words, terms and phrases contained in the
Oklahoma sales tax code, 68 Oklahoma Statutes Section 1352, are hereby
adopted by reference and made a part of this chapter.
[Prior code ch. 7; amended by Ord. 561, 6-30-1975]
The term "tax collector" as used in this chapter means the department
of the City or the official agency of the state duly designated according
to law or contract, and authorized by law to administer the collection
of the tax levied in this chapter.
[Prior code ch. 7; amended by Ord. 561, 6-30-1975]
For the purpose of this chapter the classification of taxpayers
hereunder shall be as prescribed by state law for purposes of the
Oklahoma sales tax code.
[Prior code ch. 7; amended by Ord. 561, 6-30-1975]
All valid and subsisting permits to do business issued by the
Oklahoma tax commission pursuant to the Oklahoma sales tax code are,
for the purpose of this chapter, hereby ratified, confirmed and adopted
in lieu of any requirement for an additional City permit for the same
purpose.
[Prior code ch. 7; Ord. 561, 6-30-1975; Ord. 1023-2003, 2-24-2004; Ord. 1143-2009, 2-2-2009; Ord. 1198-2012, 11-5-2012]
In accordance with 11 Oklahoma Statutes Section 16-112, the
following rates are in effect:
A. As to the first $0.01 tax, this chapter became effective July 1,
1967.
B. As to the second cent tax, this chapter became effective on August
1, 1974.
C. As to the first half cent tax, this chapter became effective June
1, 2004.
D. The next half cent tax is effective on October 1, 2009, and shall
end on or before September 30, 2019, or at such time as the indebtedness
issued pursuant to the tax is paid, whichever occurs earlier.
E. As the 3/4% tax to replace the 3/4% tax which has expired, is effective
on and after April 1, 2013, and remain in effect until April 1, 2028,
or at such time as the indebtedness issued pursuant to the tax is
paid, whichever occurs first, or until lawfully repealed.
[Prior code ch. 7; amended by Ord. 561, 6-30-1975; Ord. 1023-2003, 2-24-2004; Ord. 1143-2009, 2-2-2009; Ord. 1198-2012, 11-5-2012]
A. It is hereby declared to be the purpose of the first $0.01 tax levied
pursuant to this chapter to provide revenues for the support of the
functions of the municipal government of the City.
B. The revenues derived from the second cent sales tax levied pursuant
to this chapter are hereby irrevocably pledged each month as received
to prevent any default or deficit occurring in the debt service requirement
of the Tahlequah hospital authority in its obligation to the farmers
home administration of the United States department of agriculture
in that month, in an amount up to $3,000,000 for the purpose of constructing
a new hospital for the City. This chapter hereby authorizes the Mayor
and council of the City to execute all necessary documents to carry
out this pledge and to lease the existing hospital of the City, including
the land on which it is presently located, to the Tahlequah hospital
authority and authorizes the authority to issue up to $3,000,000 in
revenue bonds to construct a new hospital and give a first mortgage
as security for the $3,000,000 in bonds on all the real property and
other assets owned or to be acquired by the authority and the first
pledge of the revenues of the authority.
C. The proceeds of 1/2% of the tax shall be used solely for the purposes
of the acquisition, construction, furnishing, equipping, and financing
of education facilities attended by students residing within the corporate
limits of the City of Tahlequah, Oklahoma.
D. The proceeds of 1/2% of the tax shall be used to provide revenues
for the Tahlequah public schools, including Grand View School and
Briggs School, to make improvements and additions to their facilities
and to provide revenues to the City of Tahlequah to make capital improvements
to the streets and other facilities of the City, either by providing
for payment directly or by pledging said additional tax and paying
debt service and costs of issuance of obligations issued by a public
trust with the City as beneficiary to finance the costs of such facilities.
Proceeds of the tax shall be administered by a public trust with the
City as beneficiary.
E. The proceeds of 3/4% of the tax shall be used to make capital improvements
to the streets and other facilities of the City, either by providing
for payment directly or by pledging said additional tax and paying
debt service and costs of issuance on obligations issued by a public
trust with the City as beneficiary to finance the costs of such facilities.
Proceeds of the City excise (sales and use) tax shall be administered
by a public trust with the City as beneficiary.
[Prior code ch. 7; amended by Ord. 561, 6-30-1975; Ord. 1023-2003, 2-24-2004; Ord. 1143-2009, 2-2-2009]
A. There is hereby levied an excise tax of 3% upon the gross proceeds
or gross receipts derived from all sales taxable under the Oklahoma
sales tax code including, but not exclusive of, the following:
1. Tangible personal property;
2. Natural or artificial gas, electricity, ice, steam, or any other
utility or public service except water and those specifically exempt
by this part;
3. Transportation for hire of persons by common carriers, including
railroads, both steam and electric, motor transportation companies,
taxicab companies, pullman car companies, airlines and all other means
of transportation for hire;
4. Service by telephone and telegraph companies to subscribers or users,
including transmission of messages, whether local or long distance.
This shall include all services and rental charges having any connection
with transmission of any message;
5. Printing or printed matter of all types, kinds, and characters and
the service of printing or overprinting, including the copying of
information by mimeograph or multigraph or by otherwise duplicating
written or printed matter in any manner, or the production of microfiche
containing information on magnetic tapes furnished by customers;
6. Service of furnishing rooms by hotel, apartment hotel, public rooming
house, motel, public lodging house or tourist camps;
7. Service of furnishing storage or parking privileges by auto hotels
and parking lots;
8. Selling, renting or otherwise furnishing computer hardware or software
or coding sheets, cards or magnetic tapes on which prewritten programs
have been coded, punched or otherwise recorded;
9. Food, confections and all drinks sold or dispensed by hotels, restaurants,
or other dispensers, and sold for immediate consumption upon the premises
or delivered or carried away from the premises for consumption elsewhere;
10. Advertising of all kinds, types and character, including any and
all devices used for advertising purposes and the servicing of any
advertising devices, except those specifically exempt by this chapter;
11. Dues or fees to clubs including free or complimentary dues or fees
which shall have the value equivalent to the charge that would have
otherwise been made, including any fees paid for the use of facilities
or services rendered at a health spa or club or any similar facility
or business;
12. Sales of tickets, fees or other charges made for admission to or
voluntary contributions made to places of amusement, sports, entertainment,
exhibition, display or other recreational events or activities, including
free or complimentary admissions which shall have the value equivalent
to the charge that would have otherwise been made;
13. Charges made for the privilege of entering or engaging in any kind
of activity, when no admission is charged spectators, such as tennis,
racquetball or handball courts;
14. Charges made for the privilege of using items for amusement, sports,
entertainment or recreational activity such as trampolines or golf
carts;
15. The rental of equipment for amusement, sports, entertainment or other
recreational activities, such as bowling shoes, skates, golf carts,
or other sports and athletic equipment;
16. The gross receipts from sales through any vending machine, without
any deduction for rental to locate the vending machine on the premises
of a person who is not the owner or any other deductions therefrom;
17. Gross receipts or gross proceeds from the rental or lease of tangible
personal property, including rental or lease of personal property
when the rental or lease agreement requires the vendor to launder,
clean, repair or otherwise service the rented or leased property on
a regular basis, without any deduction for the cost of the service
rendered. Provided, if the rental or lease charge is based on the
retail value of the property at the time of making the rental or lease
agreement and the expected life of the property, and the rental or
lease charge is separately stated from the service cost in the statement,
bill or invoice delivered to the consumer, the cost of services rendered
shall be deducted from the gross receipts or gross proceeds;
18. Any licensing agreement, rental, lease or other device or instrument
whereby rights to possess or exhibit motion pictures or filmed performances
or rights to receive images, pictures or performances for telecast
by any method are transferred. Provided, persons regularly engaged
in the business of exhibiting motion pictures for which the sale of
tickets or admissions is taxed under this chapter shall not be deemed
to be consumers or users in respect to the licensing or exhibiting
of copyrighted motion picture features, shorts, cartoons and scenes
from copyrighted features and the sale or licensing of such films
shall not be considered a sale within the purview of this chapter;
19. Flowers, plants, shrubs, trees and other floral items, whether or
not same was produced by the vendor, sold by persons engaged in florist
or nursery business in this State, including all orders taken by an
Oklahoma business for delivery in another state. Provided, all orders
taken outside this State for delivery within this State shall not
be subject to the tax levied by this chapter;
20. Tangible personal property sold to persons, peddlers, solicitors
or other salesmen, for resale where there is likelihood that this
State will lose tax revenue due to the difficulty of enforcing this
chapter because of:
a. The operation of the business;
b. The nature of the business;
c. The turnover of independent contractors;
d. The lack of place of business in which to display a permit or keep
records;
e. Lack of adequate records;
f. The persons are minors or transients;
g. The persons are engaged in service businesses; or
h. Any other reasonable reason;
21. Any taxable services and tangible personal property including materials,
supplies and equipment sold to contractors for the purpose of developing
and improving real estate even though such real estate is intended
for resale as real property are hereby declared to be sales to consumers
or users and taxable; and
22. Any taxable services and tangible personal property sold to persons
who are primarily engaged in selling their services, such as repairmen,
are hereby declared to be sales to consumers or users and taxable.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. There is hereby specifically exempted from the tax levied by this
chapter the gross receipts or gross proceeds exempted from the Oklahoma
Sales Tax Code inclusive, but not exclusive of, and derived from the:
1. Sale of nonintoxicating beverages on which the tax levied by State
law has been paid;
2. Sale of cigarettes and such tobacco products on which the tax levied
by State law has been paid;
3. Sale of gasoline or motor fuel on which the motor fuel tax, gasoline
excise tax or special fuels tax levied by State law has been paid;
4. Sale of motor vehicles or any optional equipment or accessories attached
to motor vehicles on which the Oklahoma Motor Vehicle Excise Tax levied
by State law has been paid; and
5. Sale of crude petroleum or natural or casinghead gas and other products
subject to gross production tax under State law. This exemption shall
not apply when such products are sold to consumer or user for consumption
or use, except when used for injection into the earth for the purpose
of promoting or facilitating the production of oil or gas. This subsection
shall not operate to increase or repeal the gross production tax levied
by the laws of this State.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. There are hereby specifically exempted from the tax levied by this
chapter:
1. Sale of tangible personal property or services to the United States
Government or to the State of Oklahoma, any political subdivision
of this State or any agency of a political subdivision of the State;
provided, all sales to contractors in connection with the performance
of any contract with the United States Government, State of Oklahoma
or any of its political subdivisions shall not be exempted from the
tax levied by this chapter, except as hereinafter provided;
2. Sales made directly by county, district or State fair authorities
of this State, upon the premises of the fair authority, for the sole
benefit of the fair authority;
3. Sale of food in cafeterias or lunchrooms of elementary schools, high
schools, colleges or universities which are operated primarily for
teachers and pupils and are not operated primarily for the public
or for profit;
4. Dues paid to fraternal, religious, civic, charitable or educational
societies or organizations by regular members thereof, provided, such
societies or organizations operate under what is commonly termed the
lodge plan or system, and provided such societies or organizations
do not operate for a profit which inures to the benefit of any individual
member or members thereof to the exclusion of other members;
5. Sale of tangible personal property or services to or by churches,
except sales made in the course of business for profit or savings,
competing with other persons engaged in the same or similar business;
6. The amount of proceeds received from the sale of admission tickets
which is separately stated on the ticket of admission for the repayment
of money borrowed by any accredited State-supported college or university
for the purpose of constructing or enlarging any facility to be used
for the staging of an athletic event, a theatrical production, or
any other form of entertainment, edification or cultural cultivation
to which entry is gained with a paid admission ticket. Such facilities
include, but are not limited to, athletic fields, athletic stadiums,
field houses, amphitheaters and theaters. To be eligible for this
sales tax exemption, the amount separately stated on the admission
ticket shall be a surcharge which is imposed, collected and used for
the sole purpose of servicing or aiding in the servicing of debt incurred
by the college or university to effect the capital improvements hereinbefore
described;
7. Sales of tangible personal property or services to the council organizations
or similar State supervisory organizations of the Boy Scouts of America,
Girl Scouts of U.S.A. and the Campfire Girls shall be exempt from
sales tax; or
8. Sale of tangible personal property or services to any county, municipality,
public school district, the institutions of the Oklahoma system of
higher education and the Grand River Dam Authority, or to any person
with whom any of the above named subdivisions or agencies of this
State has duly entered into a public contract pursuant to law, necessary
for carrying out such public contract. Any person making purchases
on behalf of such subdivision or agency of this State shall certify,
in writing, on the copy of the invoice or sales ticket to be retained
by the vendor that the purchases are made for and on behalf of such
subdivision or agency of this State and set out the name of such public
subdivision or agency. Any person who wrongfully or erroneously certifies
that purchases are for any of the above- named subdivisions or agencies
of this State or who otherwise violates this Section shall be guilty
of a misdemeanor and upon conviction thereof shall be fined an amount
equal to double the amount of the sales tax involved or incarcerated
for not more than 60 days or both.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. There are hereby specifically exempted from the tax levied by this
chapter:
1. Transportation of school pupils to and from elementary schools or
high schools in motor or other vehicles;
2. Transportation of persons where the fare of each person does not
exceed $1, or local transportation of persons within the corporate
limits of a Municipality except by taxicab;
3. Carrier sales of newspapers and periodicals made directly to consumers.
Other sales of newspapers and periodicals where any individual transaction
does not exceed $0.75. A carrier is a person who regularly delivers
newspapers or periodicals to subscribers on an assigned route;
4. Sales for resale to persons engaged in the business of reselling
the articles purchased, whether within or without the State, provided
that such sales to residents of this State are made to persons to
whom sales tax permits have been issued as provided in this chapter.
This exemption shall not apply to the sales of articles made to persons
holding permits when such persons purchase items for their use and
which they are not regularly engaged in the business of reselling;
neither shall this exemption apply to sales of tangible personal property
to peddlers, solicitors and other salesmen who do not have an established
place of business and a sales tax permit;
5. Sales of advertising space in newspapers and periodicals and billboard
advertising service, and any advertising through the electronic media,
including radio, television and cable television;
6. Eggs, feed, supplies, machinery and equipment purchased by persons
regularly engaged in the business of raising worms, fish, any insect
or any other form of terrestrial or aquatic animal life and used for
the purpose of raising same for marketing. This exemption shall only
be granted and extended to the purchaser when the items are to be
used and in fact are used in the raising of animal life as set out
above. Each purchaser shall certify, in writing, on the invoice or
sales ticket retained by the vendor that he is regularly engaged in
the business of raising such animal life and that the items purchased
will be used only in such business. The vendor shall certify to the
Oklahoma Tax Commission that the price of the items has been reduced
to grant the full benefit of the exemption. Violation hereof by the
purchaser or vendor shall be a misdemeanor;
7. Sales of medicine or drugs prescribed for the treatment of human
beings by a person licensed to prescribe the medicine or drugs. This
exemption shall not apply to proprietary or patent medicines as defined
by Section 353.1 of Title 59 of the Oklahoma Statutes; and
8. Nothing herein shall be construed as limiting or prohibiting the
levy and collection of taxes on the sale of natural or artificial
gas and electricity, whether sold for residential or other use after
December 31, 1980. Any sales tax levied by the City on natural or
artificial gas and electricity shall be in effect regardless of ordinance
or contractual provisions referring to previously imposed State sales
tax on such items.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. There are hereby specifically exempted from the tax levied by this
chapter:
1. Sales of agricultural products produced in this State by the producer
thereof directly to the consumer or user when such articles are sold
at or from a farm and not from some other place of business, as follows:
a. Farm, orchard or garden products;
b. Dairy products sold by a dairyman or farmer who owns all the cows
from which the dairy products offered for sale are produced;
c. Livestock sold by the producer at a special livestock sale;
d. The provisions of this Subsection A1 shall not be construed as exempting
sales by florists, nurserymen or chicken hatcheries, or sales of dairy
products by any other business except as set out herein;
2. Sale of baby chicks; turkey poults and starter pullets used in the
commercial production of chickens, turkeys and eggs, provided that
the purchaser certifies, in writing, on the copy of the invoice or
sales ticket to be retained by the vendor that the pullets will be
used primarily for egg production;
3. Sale of salt, grains, tankage, oyster shells, mineral supplements,
limestone and other generally recognized animal feeds for the following
purposes and subject to the following limitations:
a. Feed which is fed to poultry and livestock, including breeding stock
and wool-bearing stock, for the purpose of producing eggs, poultry,
milk or meet for human consumption;
b. Feed purchased in Oklahoma for the purpose of being fed to and which
is fed by the purchaser to horses, mules or other domestic or draft
animals used directly in the producing and marketing of agricultural
products;
c. Any stock tonics, water purifying products, stock sprays, disinfectants
or other such agricultural supplies;
d. Poultry shall not be construed to include any fowl other than domestic
fowl kept and raised for the market or production of eggs;
e. Livestock shall not be construed to include any pet animals Such
as dogs, cats, birds or such other fur-bearing animals;
f. This exemption shall only be granted and extended where the purchaser
of feed that is to be used and in fact is used for a purpose that
would bring about an exemption hereunder executes an invoice or sales
ticket in duplicate on a form to be prescribed by the Tax Commission.
The purchaser may demand and receive a copy of the invoice or sales
ticket and the vendor shall retain a copy;
4. Sales of items to be and in fact used in the production of agricultural
products. Sale of the following items shall be subject to the following
limitations:
a. Sales of agricultural fertilizer to any person regularly engaged,
for profit, in the business of farming and/or ranching. Each such
purchaser shall certify, in writing, on the copy of the invoice or
sales ticket to be retained by the vendor, that he is so engaged in
farming and/or ranching and that the material purchased will be used
only in such business;
b. Sales of agricultural fertilizer to any person engaged in the business
of applying such materials on a contract or custom basis to land owned
or leased and operated by persons regularly engaged, for profit, in
the business of farming and/or ranching. Each such purchaser shall
certify, in writing, on the copy of the invoice or sales ticket to
be retained by the vendor that he is engaged in the business of applying
such materials to lands owned or leased and operated by persons regularly
engaged, for profit, in the business of farming and/or ranching, and
shall show in said certificate the name or names of such owner or
lessee and operator, the location of the lands on which said materials
are to be applied to each such land, and he shall further certify
that his contract price has been reduced so as to give the farmer
or rancher the full benefit of this exemption;
c. Sales of agricultural fertilizer to persons engaged in the business
of applying such materials on a contract or custom basis shall not
be considered to be sales to contractors under this chapter, and said
sales shall not be considered to be taxable sales within the meaning
of the Oklahoma Sales Tax Code. As used in this Section, "agricultural
fertilizer" means any substance sold and used for soil enrichment
or soil corrective purposes or for promoting the growth and productivity
of plants;
d. Sales of agricultural seed or plants to any person regularly engaged,
for profit, in the business of farming and/or ranching. This Subsection
A4d shall not be construed as exempting from sales tax seed which
is packaged and sold for use in noncommercial flower and vegetable
gardens;
e. Sales of agricultural chemical pesticides to any person regularly
engaged, for profit, in the business of farming and/or ranching. For
the purposes of this chapter, agricultural chemical pesticides shall
include any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insect, snail, slug, rodent,
bird, nematode, fungus, weed or any other form of terrestrial or aquatic
plant or animal life or virus, bacteria or other microorganism, except
viruses, bacterial or other microorganisms on or in living man, or
any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant;
f. This exemption shall only be granted and extended to the purchaser
where the items are to be used and in fact are used in the production
of agricultural products. Each purchaser shall certify, in writing,
on the copy of the invoice or sales ticket to be retained by the vendor,
that the material purchased will only be used in his farming occupation.
The vendor shall certify to the Oklahoma Tax Commission that the contract
price of the items has been reduced to grant the full benefit of the
exemption. Violation hereof by the purchaser or vendor shall be a
misdemeanor, and, upon violation and conviction for a second offense
the Oklahoma Tax Commission shall revoke the vendor's sales tax
permit; or
5. Sale of farm machinery, repair parts thereto or fuel, oil, lubricants
and other substances used for operation and maintenance of the farm
machinery to be used directly on a farm or ranch in the production,
cultivation, planting, sowing, harvesting, processing, spraying, preservation
or irrigation of any livestock, poultry, agricultural or dairy products
produced from such lands. Each purchaser of farm machinery, repair
parts thereto or fuel must certify, in writing, on the copy of the
invoice or sales ticket to be retained by the vendor, that he is engaged
in farming or ranching and that the farm machinery, repair parts thereto
or fuel will be used only in farming and/or ranching. The exemption
provided for herein shall not apply to motor vehicles. Each purchaser
shall certify, in writing, on the copy of the invoice or sales ticket
to be retained by the vendor, that the material purchased will only
be used in his farming occupation. The vendor shall certify to the
Oklahoma Tax Commission that the price of the items has been reduced
to grant the full benefit of the exemption. Violation hereof by the
purchaser or vendor shall be a misdemeanor, and, upon violation and
conviction for a second offense the Oklahoma Tax Commission shall
revoke the vendor's sales tax permit.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. There are hereby specifically exempted from the tax levied by this
chapter:
1. Goods, wares, merchandise and property purchased for the purpose
of being used or consumed in the process of manufacturing, compounding,
processing, assembling or preparing for sale a finished article and
such goods, wares, merchandise or property become integral parts of
the manufactured, compounded, processed, assembled or prepared products
or are consumed in the process of manufacturing, compounding, processing,
assembling or preparing products for resale. The term "manufacturing
plants" shall mean those establishments primarily engaged in manufacturing
or processing operations, and generally recognized as such;
2. Ethyl alcohol when said and used for the purpose of blending same
with motor fuel on which motor fuel tax is levied by State law;
3. Sale of machinery and equipment purchased and used by persons establishing
new manufacturing plants in Oklahoma, and machinery and equipment
purchased and used by persons in the operation of manufacturing plants
already established in Oklahoma. This exemption shall not apply unless
such machinery and equipment is incorporated into, and is directly
used in, the process of manufacturing property subject to taxation
under this chapter. The term "manufacturing plants" shall mean those
establishments primarily engaged in manufacturing or processing operations,
and generally recognized as such;
4. Sales of containers when said to a person regularly engaged in the
business of reselling empty or filled containers or When purchased
for the purpose of packaging raw products of farm, garden or orchard
for resale to the consumer or processor. This exemption shall not
apply to the sale of any containers used more than once and which
are ordinarily known as returnable containers, except returnable soft
drink bottles. Each and every transfer of title or possession of such
returnable containers in this State to any person who is not regularly
engaged in the business of selling, reselling or otherwise transferring
empty or filled containers shall be taxable under this Code. And,
this exemption shall not apply to the sale of labels or other materials
delivered along with items sold but which are not necessary or absolutely
essential to the sale of the sold merchandise; or
5. Sale of tangible personal property manufactured in Oklahoma when
sold by the manufacturer to a person who transports it to another
state for immediate and exclusive use in some other state.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. There are hereby specifically exempted from the tax levied in this
chapter:
1. The transfer of tangible personal property, as follows:
a. From one corporation to another corporation pursuant to a reorganization.
As used in this subsection the term "reorganization" means a statutory
merger or consolidation or the acquisition by a corporation of substantially
all of the properties of another corporation when the consideration
is solely all or a part of the voting stock of the acquiring corporation,
or of its parent or subsidiary corporation;
b. In connection with the winding up, dissolution or liquidation of
a corporation only when there is a distribution in kind to the shareholders
of the property of such corporation;
c. To a corporation for the purpose of organization of such corporation
where the former owners of the property transferred are immediately
after the transfer in control of the corporation, and the stock or
securities received by each are substantially in proportion to his
interest in the property prior to the transfer;
d. To a partnership in the organization of such partnership if the former
owners of the property transferred are immediately after the transfer,
members of such partnership and the interest in the partnership, received
by each, is substantially in proportion to his interest in the property
prior to the transfer; or
e. From a partnership to the members thereof when made in kind in the
dissolution of such partnership; or
2. Sale of an interest in tangible personal property to a partner or
other person who after such sale owns a joint interest in such tangible
personal property where the State sales or use tax has previously
been paid on such tangible personal property.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
The tax levied hereunder shall be due and payable at the time
and in the manner and form prescribed for payment of the State sales
tax under the Oklahoma Sales Tax Code.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
A. The tax herein levied shall be paid to the tax collector at the time
and in the form and manner provided for payment of State sales tax.
B. The bracket system for the collection of the City sales tax by the
tax collector shall be the same as is hereafter adopted by the agreement
of the City and the tax collector, in the collection of the City sales
tax and the State sales tax.
[Prior code, Chapter 7; amended by Ord. 651, 6-30-1975]
The taxes, penalty and interest due under this chapter shall
at all times constitute a prior, superior and paramount claim as against
the claims of unsecured creditors, and may be collected by suit as
any other debt.
[Prior code, Chapter 7; amended by Ord. 651, 6-30-1975]
A. The tax levied hereunder shall be paid by the consumer or user to
the vendor. It shall be the duty of each and every vendor in this
City to collect from the consumer or user the full amount of the tax
levied by this chapter, or an amount equal as nearly as possible or
practicable to the average equivalent thereof.
B. Vendors shall add the tax imposed hereunder, or the average equivalent
thereof, to the sales price or charge, and when added such tax shall
constitute a part of such price or charge, shall be a debt from the
consumer or user to vendor until paid, and shall be recoverable at
law in the same manner as other debts.
C. A vendor, as defined hereunder, who wilfully or intentionally fails, neglects or refuses to collect the full amount of the tax levied by this chapter, or wilfully or intentionally fails, neglects or refuses to comply with the provisions or remits or rebates to a consumer or user, either directly or indirectly, and by whatsoever means, all or any part of the tax herein levied, or makes in any form of advertising, verbally or otherwise, any statement which infers that he is absorbing the tax, or paying the tax for the consumer or user by an adjustment of prices or at a price including the tax, or in any manner whatsoever, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as provided in Section
1-108 of this Code.
D. Any sum or sums collected or required to be collected in accordance with this chapter shall be deemed to be held in trust for the City. Any person, firm, corporation, joint venture or association that wilfully or intentionally fails, neglects or refuses to collect the sums required to be collected or paid shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as provided in Section
1-108 of this Code.
[Prior code, Chapter 7; amended by Ord. 651, 6-30-1975]
Returns and remittances of the tax herein levied and collected
shall be made to the tax collector at the time and in the manner,
form and amount as prescribed for returns and remittances of tax collected
hereunder and shall be subject to the same discount as may be allowed
by the Oklahoma Sales Tax Code for collection of State sales taxes.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
Section 217 of Title 68 of the Oklahoma Statutes is hereby adopted
and made a part of this chapter, and interest and penalties at the
rates and in amounts as therein specified are hereby levied and shall
be applicable in cases of delinquency in reporting and paying the
tax levied by this chapter. The failure or refusal of any taxpayer
to make and transmit the reports and remittances of tax in the time
and manner required by this chapter shall cause such tax to be delinquent.
In addition, if the delinquency continues for a period of five days,
the taxpayer shall forfeit his claim to any discount allowed under
this chapter.
[Prior code, Chapter 7; amended by Ord. 651, 6-30-1975]
The interest or penalty or any portion thereof accruing by reason
of a taxpayer's failure to pay the City tax herein levied may
be waived or remitted in the same manner as provided for the waiver
or as applied in administration of the State sales tax provided in
Section 220 of Title 68 of the Oklahoma Statutes. To accomplish the
purposes of this Section, the applicable provisions of Section 220
of Title 68 of the Oklahoma Statutes are hereby adopted by reference
and made a part of this chapter.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
Refund of erroneous payment of the City sales tax herein levied
may be made to any taxpayer making the erroneous payment in the same
manner and procedure, and under the same limitations of time, as provided
for administration of the State sales tax as set forth in Section
227 of Title 68 of the Oklahoma Statutes. To accomplish the purpose
of this Section, the applicable provisions of Section 227 of Title
68 of the Oklahoma Statutes are hereby adopted by reference and made
a part of this chapter.
[Prior code, Chapter 7; amended by Ord. 651, 6-30-1975]
In addition to all civil penalties provided by this chapter, the wilful failure or refusal of any taxpayer to make reports and remittances herein required, or the making of any false and fraudulent report for the purpose of avoiding or escaping payment of any tax or portion thereof rightfully due under this chapter shall be an offense, and upon conviction thereof the offending taxpayer shall be subject to a fine and imprisonment as provided in Section
1-108 of this Code.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
The confidential and privileged nature of the records and files
concerning the administration of the City sales tax is legislatively
recognized and declared, and to protect the same the provisions of
the State Sales Tax Code, Section 205 of Title 68 of the Oklahoma
Statutes, and each subsection thereof, are hereby adopted by reference
and made fully effective and applicable to administration of the City
sales tax as if here set forth in full.
[Prior code, Chapter 7; amended by Ord. 651, 6-30-1975]
The people of the City, by their approval of the sales tax ordinance
hereby authorize the Mayor and City Council, by ordinance duly enacted,
to make such administrative and technical changes or additions in
the method and manner of administering and enforcing this chapter
as may be necessary or proper for efficiency and fairness. Neither
the rate of the tax herein provided nor the use to which the revenue
is put shall be changed without approval of the qualified electors
of the City as provided by law.
[Prior code, Chapter 7; amended by Ord. 561, 6-30-1975]
The provisions of this chapter shall be cumulative and in addition
to any or all other taxing provisions of City ordinances.