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2000 Ordinances
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2000 Ordinances
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2/6/2009 3:39:29 PM
Creation date
6/6/2001 5:22:28 PM
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Ord/Resolutions
Year
2000
Ord/Resolutions - Type
Ordinances
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Sec. 35-407.2. Exemptions; gratuities and service charges. <br /> <br /> Where a purchaser provides a gratuity for an employee of a seller, and the amount <br />of the gratuity is wholly in the discretion of the purchaser, the gratuity is not subject ro <br />the tax imposed by this article, whether paid in cash to the employee or added to the bill <br />and charged to the purchaser's account; provided, in the latter case, the full amount of the <br />gratuity is turned over to the employee by the seller. <br /> <br /> An amount or percent, whether designated as a gratuity, tip or service charge, that <br />is added to the price of the food and beverages by the seller, and required to be paid by <br />the purchaser, is a part of the selling price of the food and beverages and is subject to the <br />tax imposed by this article. <br /> <br />Sec. 35-409. Collection. <br /> <br /> (a) Every person receiving any payment for food with respect to which a tax <br />is levied under this article shall collect and remit the amount of tax imposed under this <br />article firm the person on whom the same is levied or from the person paying for such <br />food at the time payment for such food is made; provided, however, no blind person <br />operating a vending stand or other business enterprise under the jurisdiction of the <br />Department for the Visually Handicapped and located on property acquired and used by <br />the United States for any military or naval purpose shall be required to collect or remit <br />such taxes. <br /> <br />(b) The taxes to be collected under this article shall be deemed to be held in <br />the person required to collect such taxes until remitted as provided in this article. <br /> <br />Sec. 35-410. Reports and remittances generally. <br /> <br /> It shall be the duty of every person required by this article to pay to the city the <br />taxes imposed by this article to make a report thereof upon such forms and setting forth <br />such information as the commissioner may prescribe and require, including all purchases <br />taxable under this article, the amount charged the purchaser for each such purchase, the <br />date thereof, the taxes collected thereon and the amount of tax required to be collected, <br />and shall sign and deliver such report to the city treasurer with a remittance of such tax. <br />Such reports and remittances shall be made on or before the twentieth day of each month, <br />covering the amount of tax collected during the preceding month. <br /> <br />Sec. 35-411. Collector's records; preservation thereof. <br /> <br /> It shall be the duty of every person liable for the collection and payment to the <br />city of any tax imposed by this article to keep and preserve for a period of five (5) years <br />the records required by Section 35-410. The commissioner or his duly authorized agents <br />shall have the power to examine such records at reasonable times and without <br /> <br /> <br />
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