There is hereby imposed an excise tax on the purchase,
rental or licensing of space on any building, parcel or sign support
structure located in the Borough for the purpose of installing, placing
or maintaining an outdoor advertising sign.
The excise tax shall be collected by the owner or
operator of a structure used to display an outdoor advertising sign
at the time of the sales transaction between the owner and the entity
desiring to install, place, maintain or license to place a sign on
any building, parcel or sign support. Such tax shall be remitted by
the owner to the Borough in accordance with rules and regulations
as set by the Borough by resolution from time to time.
The rate of the tax shall be 5% of the price paid
to the owner by the entity desiring to install, place, maintain or
license to place a sign on any building, parcel or sign support.
All taxes collected by any owner in accordance with
this article shall constitute a trust fund for the Borough, and such
trust shall be enforceable against such person and any person receiving
any part of such fund without consideration or knowing that the owner
is committing a breach of trust; provided, however, that any person
receiving payment of a lawful obligation of the owner from such fund
shall be presumed to have received the same in good faith and without
any knowledge of the breach of trust.
Every owner shall collect the tax imposed by this
article from the renter or purchaser of advertising space at the time
the space is rented or purchased and shall pay it over to the Borough
as provided hereafter. An owner, if it fails to collect the tax or
pay it to the Borough when due, shall be liable to the Borough for
the payment of the tax, including penalties of $25 per month and 3%
interest.
Every owner shall transmit to the Borough, on or before
the 15th day of each month, a return for the month preceding the month
in which the return is made, which return shall report the amount
of consideration received for the transactions during the month for
which the return is made, the amount of tax due from the owner for
that month and such other information as the Borough shall require.
Every owner, at the time of filing every return required
by this section, shall compute and pay to the Borough the taxes shown
as due on the return for the period for which the return is made.
Every owner shall maintain records, which shall be
made available to the Borough upon its request, which shall include
but not be limited to the number of advertising transactions on a
daily or weekly basis, the rates charged for each transaction, the
consideration received from all transactions during the month for
which each return is made, as well as such other information as the
Borough may require.
The Borough is entitled to utilize any and all remedies
available to it under Pennsylvania law to collect any unpaid taxes,
including the utilization of liens and fines.