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1998 Ordinances
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1998 Ordinances
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Last modified
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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Sec. 35-407.1. Exemptions; limits on application. <br /> <br /> (a) The tax imposed under this article shall not be levied on candy, gum, nuts <br />and other items of essentially the same nature served for on- or off-premises <br />consumption. <br /> <br /> (b) The tax imposed under this article shall not be levied on the following <br />items when served exclusively for off-premises consumption: <br /> <br /> (1) Prepackaged donuts, crackers, nabs, chips, cookies and items of essentially <br /> the same nature; <br /> <br /> (2) Food sold in bulk. For the purposes of this provision, a bulk sale shall <br /> mean the sale of any item that would exceed the normal, customary and <br /> usual portion sold for on-premises consumption (e.g., a whole cake, a <br /> gallon of ice cream, or seven or more pastry items); a bulk sale shall not <br /> include any food or beverage that is catered or delivered or prepared for <br /> carry-out by a food establishment for off-premises consumption. <br /> <br /> (3) Beverages sold in factory-sealed containers. <br /> <br /> (c) A grocery store, supermarket or convenience store shall not be subject to <br />the tax except for any portion or section therein designated as a delicatessen or designated <br />for the sale of prepared food and beverages. <br /> <br /> (d) The tax imposed under this article shall not be levied on the following <br />purchases of food or beverages: <br /> <br /> (1) Food and beverages furnished by restaurants to employees as part of their <br /> compensation when no charge is made to the employee. <br /> <br /> (2) Food and beverages sold by day care centers, public and private <br /> elementary schools or food sold by any college or university to its students <br /> or employees. <br /> <br /> (3) Food and beverages for use or consumption by and which is paid for <br /> directly by the Commonwealth, any political subdivision of the <br /> Commonwealth or the United States. <br /> <br /> (4) Food and beverages furnished by a hospital, medical clinic, convalescent <br /> home, nursing home, home for the aged, infirm or handicapped or other <br /> extended care facility to patients or residents thereof. <br /> <br /> <br />
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