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1959 Ordinances
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1959 Ordinances
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7/17/2001 6:20:42 PM
Creation date
6/28/2001 6:00:26 PM
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Ord/Resolutions
Year
1959
Ord/Resolutions - Type
Ordinances
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advisable provide for the issuance and exclusive use of stamps of a new design and <br />forbid the use of stamps of any other design, and he is hereby empowered to n~ke <br />and carry into effect all such reasonable rules and regulations relating to the <br />preparation, furnishing and sale of stamps as he may deem necessary, including the <br />granting of refunds when deemed appropriate. He is hereby further authorized and <br />empowered to prescribe the method to be employed and ~qe conditions to be observed <br />in the use of meter machines for printing upon packages of any such tobacco products <br />insignia to represent the payment of the tax. <br /> <br /> Section 8-82. Duties of dealers and of sellers with respect to tax on <br />sale of tobacco products. <br /> <br /> Every dealer in tobacco products is hereby required and it shall be his <br />duty to purchase such s~amps at the office of the city treasurer as shall be necessary <br />to pay the tax imposed under the previsions of sections 8-?9 and 8-80 of this Code, <br />and to affix a s~amp of the monetary value prescribed by said sections, or cause such <br />stamp to be affixed, to each package of tobacco products prior to delivering or fur- <br />nishing such tobacco products to any seller; provided, however, that nothing herein <br />contained shall preclude any dealer from authorizing and employing any other agent to <br />purchase ~n_d affix such stamps in his behalf or to have a stamp meter machine used <br />in lieu of gummed stamps to effectuate the provisions of said sections° Stamps or <br />the printed markings of a meter machine shall be placed upon each package of any to- <br />bacco product in such manner as to be readily visible to the purchaser. Every seller <br />is hereby required ~o examine every package of tobacco products prior To exposing it <br />for sale for the purpose of ascertaining whether such package has the proper stamp <br />affixed thereto in compliance with the provisions of this article~ If, upon such <br />examination, unstamped or improperly stamped packages of tobacco products are dis- <br />covered, the seller shall immediately notify the dealer from whom such packages were <br />obtained, and upon such notification the dealer shall forthwith either affix to such <br />uns~amped or improperly stamped packages the proper amount of stamps or shall replace <br />such packages with others to which stamps have been properly affixed. If a seller <br />shall obtain or acquire possession of unstamped or improperly stamped tobacco pro- <br />ducts from any person other than a dealer, the seller shall forthwith notify the <br />director of finance o~ such fact and the director of finance shall thereupon desig- <br />nate an agent to affix the proper stamps to such tobacco products, the funds required <br />to purchase such stamps to be advanced to such agent by such seller. In the event <br />that any packages of tobacco products are found in the possession of a seller with- <br />out the proper szamps being affixed thereto, or without authorized printed m~rkings <br />of a meter machine thereon, and the seller shall he unable to submit evidence estab- <br />lishing that he received such packages within the immediately preceding forty-eight <br />hours, the presumption shall be that such packages are being kept by the seller in <br />violation of the provisions of this article and shall subject him ~o all the penal- <br />ties hereinafter provided° In the event that the director of fins~uce shall promul- <br />gate rules and regulations so requirzng, every dealer~ agent or seller is hereby <br />further required and it shall be his duty to cancel all stamps upon packages of to- <br />bacco products in accordance with such rules and regulations. It shall also be the <br />duty of every dealer ~ud seller, and he is hereby required, to maintain and ~o keep <br />for $ period of two years such records of tobacco products received and sold by him <br />as m~y be required by the director of finance, to make all of such records available <br />for ~mination by the director of finance upen demand, and to make available to the <br />director of finance the meanS, facilities ~d opportunity for m~king any such exami- <br />nation at all reasonable times~ <br /> <br />Section 8-83. Powers of director of finance relative to t~o <br /> <br />-3- <br /> <br /> <br />
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