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1998 Ordinances
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1998 Ordinances
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2/6/2009 3:39:43 PM
Creation date
6/8/2001 5:14:46 PM
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Ord/Resolutions
Year
1998
Ord/Resolutions - Type
Ordinances
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(b) Except as provided in subsection (a) above, any corporate or partnership <br />officer, as defined in section 58.1-3906 of the Code of Virginia, or any other person <br />required to collect, account for, or pay over such tax, or who willfully evades or attempts <br />to evade such tax or payment thereof, shall, in addition to any other penalties imposed by <br />law, be guilty of a Class 1 misdemeanor. <br /> <br /> (c) Each such violation of or failure to comply with this article shall <br />constitute a separate offense. Conviction of any such violation shall not relieve any <br />person from the reporting, payment, collection or remittance of the tax as provided in this <br />article. <br /> <br />Sec. 35.417. Requirement of bond or letter of credit; authority of the commissioner <br />of the revenue. <br /> <br /> (a) The commissioner of the revenue shall require all new food <br />establishments, as defined in this article, to post annually a bond with corporate surety to <br />ensure faithful performance of the establishment's duties to the city as to meal taxes <br />collected and held by the establishment. The bond, including the corporate surety thereon, <br />shall be in a form deemed satisfactory by the city attorney. For such new food <br />establishment, the amount of the bond shall be equal to the sum total of the meal taxes to <br />be collected on estimated gross receipts for the first quarter of operation as shown on the <br />application for business license. Notwithstanding the foregoing provisions, no such bond <br />shall be issued or accepted in an amount less than one thousand dollars ($1,000.00). <br /> <br /> (b) The commissioner of the revenue shall require all existing food <br />establishments, as defined in this article, with unsatisfactory reporting or remittance <br />records to post annually a bond with corporate surety to ensure faithful performance of <br />the establishment's duties to the city as to meal taxes collected and held by the <br />establishment. The bond, including corporate surety thereon, shall be in a form deemed <br />satisfactory by the city attorney. The bond shall be in an amount not less than the sum <br />total of the meal taxes collected by the establishment during the highest quarter of the <br />previous tax year. Notwithstanding the foregoing provisions, no such bonds shall be <br />issued or accepted in an amount less than one thousand dollars ($1,000,00). <br /> <br /> (c) The commissioner of the revenue is authorized to develop, implement and <br />utilize such forms, regulations and procedures as may be useful and expedient in <br />implementing this section: The commissioner may accept an irrevocable letter of credit in <br />lieu of the required bond; provided, that the letter of credit is reviewed and approved by <br />the city attorney. <br /> <br /> 2. That Chapter 35 of the Code of the City of Portsmonth, Virginia (1988) be <br />amended by adding thereto new Sections 35-407.1 and 35-407.2 to read as follows: <br /> <br /> <br />
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