This chapter shall be known as the "Glendale Cigarette Tax Ordinance."
(Prior code 5-164.20)
For the purposes of this chapter, the following words shall
have the meanings ascribed to them unless otherwise noted:
"Cigarette"
means any roll for smoking, made wholly or in part of tobacco,
irrespective of size or shape and irrespective of whether the tobacco
is flavored, adulterated or mixed with any other ingredient, where
such roll has a wrapper or cover made of paper or any other material,
except where such wrapper is wholly or if the greater part made of
tobacco and such roll weighs over three pounds per thousand.
"Retailer"
means any domestic or foreign corporation, association, syndicate,
joint venture, joint stock company, partnership of any kind, club,
Massachusetts business or common law trust, society or individual
who seals cigarettes for any purpose other than for resale. Where
cigarettes are offered for sale through the means of a vending machine,
the person holding title to the cigarettes in the machine shall be
deemed the retailer.
"Use or consumption"
means and includes the exercise of any right or power over
cigarettes incident to the ownership thereof other than the sale of
the cigarettes or the keeping or retention thereof for the purpose
of sale.
(Prior code § 5-164.21)
An excise tax is imposed upon the use or consumption in the
city of cigarettes purchased from a retailer for use or consumption
within the city at the rate of one mill per cigarette.
(Prior code § 5-164.22)
The tax constitutes a debt owed by the purchaser to the city
which is extinguished only by payment of the tax to the city clerk
or to the retailer. When a purchase from a retailer is made within
the city, the tax shall be paid to the retailer at the time the purchase
price is paid. The tax collected or required to be collected by the
retailer constitutes a debt owed by the retailer to the city. Should
any remittance of tax be made by a retailer prior to sale of cigarettes
to a consumer, such remittance shall be considered as an advance payment
to be reimbursed by adding the amount of the tax to the price of the
cigarettes at the time of sale to the user or consumer.
(Prior code § 5-164.23)
Each retailer selling cigarettes within the city shall collect
the tax imposed under this chapter, and on or before the last day
of the month following the close of a calendar quarter remit the total
amount so collected to the city clerk, together with a statement on
a form provided by the city clerk showing the number of cigarettes
sold to purchasers, the amount of tax collected and such other information
as the city clerk shall require. Where the city clerk determines that
efficiency in the administration of the tax would be promoted, the
city clerk may establish reporting periods greater than quarterly,
but not to exceed one year. The city clerk may establish shorter reporting
periods for any retailer if the city clerk deems it necessary to ensure
collection of the tax. Statements and payments are due immediately
upon cessation of the business of selling cigarettes for any reason.
All taxes collected by retailers pursuant to this chapter shall be
held in trust for the account of the city until payment thereof is
made to the city clerk.
(Prior code § 5-164.24)
If any retailer shall fail or refuse to collect such tax and to make within the time provided by this chapter, any report or remittance of such tax or any portion thereof required by this chapter, the city clerk shall proceed in such manner as the city clerk may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the city clerk shall procure such facts and information as the city clerk is able to obtain on which to base the assessment of any tax imposed by this chapter and payable by any retailer who has failed or refused to collect the same and to make the required report and remittance, the city clerk shall proceed to determine and assess against such retailer the tax, interest and penalties provided for by this chapter. In case such determination is made, the city clerk shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the retailer so assessed at his or her last known address. Such retailer may within ten days after the serving or mailing of such notice make application in writing to the city clerk for a hearing on the amount assessed. If application by the retailer for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the city clerk shall become final and conclusive and immediately due and payable. If such application is made, the city clerk shall give not less than five days' written notice in the manner prescribed in this chapter to the retailer to show cause at a time and place fixed in such notice why such amount specified therein shall not be fixed for such tax, interest and penalties. At the hearing the retailer may appear and offer evidence why the specified tax, interest and penalties should not be so fixed. After such hearing the city clerk shall determine the proper tax to be remitted and shall thereafter give written notice to the retailer in the manner prescribed in this section of the determination and the amount of the tax, interest and penalties. The amount determined to be due shall in that event be payable after fifteen days, unless an appeal is taken as provided by Section
4.20.090.
(Prior code § 5-164.27)
Any retailer aggrieved by the determination of the city clerk after the hearing provided by this chapter, may appeal to the council within the time and in the manner provided in Chapter
2.88. Any amount found to be due upon the hearing of such appeal by the council shall be immediately due and payable upon the determination thereof.
(Prior code § 5-164.28)
It shall be the duty of every retailer liable for the collection
and payment to the city of any tax imposed by this chapter to keep
and preserve, for a period of four years, all records as may be necessary
to determine the amount of such tax as the city clerk may have been
liable for the collection of any payment to the city, which records
the clerk shall have the right to inspect at all reasonable times.
(Prior code § 5-164.29)
Any person using or consuming cigarettes within the city who
has not paid the tax required by the provisions of this chapter, and
any retailer who has failed to collect or who has collected but not
remitted any tax required to be paid by the provisions of this chapter,
shall be liable to an action brought in the name of the city for the
recovery of such amount.
(Prior code § 5-164.31)
In order to comply with the requirements of those provisions
of Chapter 963 of the Statutes of 1967 which provide that state cigarette
tax revenues may not be allocated to any city imposing a selective
local tax on, or with respect to the sale, distribution, use, consumption
or holding of cigarettes or any other tobacco product, after October
1, 1967, the provisions of this chapter relating to the imposition,
collection and enforcement of a cigarette tax shall be suspended on
and after October 1, 1967, and shall remain suspended and thereafter
be of no force and effect so long as the provisions of the Revenue
and Taxation Code of the state of California, as modified by such
Chapter 963 and pursuant to which the city is entitled to receive
the allocation specified therein of the state cigarette tax revenues,
are effective; provided, however, that in the event such Revenue and
Taxation Code shall be further amended so that the city is not entitled
to receive the allocation of the state cigarette tax revenues specified
in Chapter 963, or otherwise preempts city from receiving such allocations,
then the provisions of this chapter shall upon the effective date
of such amendment become operative and effective; and further provided
that in the event the provisions of such
Revenue and Taxation Code,
as added by such Chapter 963 and pursuant to which the city is entitled
to receive the allocation specified therein of the state cigarette
tax revenues, are for any reason declared invalid, then and in that
event the such provisions of this chapter shall not be deemed to have
been suspended but shall be deemed to have been in full force and
effect continuously from and after October 1, 1967. Nothing in this
section shall be construed as relieving any person of the obligation
to pay the city any cigarette tax accrued and owing by reason of such
provisions of this chapter in force and effect prior to and including
September 30, 1967.
(Prior code § 5-164.32)