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"c';liiJi'lli'( UO 2005-55 \h\IIIIWl't1. n . - . AN ORDINANCE TO AMEND CHAPTER 35 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 35-381, 35-413, AND 35-447 THEREOF PERTAINING TO PENAL TIES FOR DELINQUENT AMUSEMENT, RESTAURANT FOOD, AND GUEST LODGING TAXES. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: I. That Sections 35-381, 35-413, and 35-447 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Sec. 35-381. Penalty and interest for late remittance; fraudulent returns. . (a) If any person, whose duty it is to do so, shall fail or refuse to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax a penalty not to exceed ten (10) percent of the amount of the tax for the first month the taxes are past due, and five (5) per cent for each month thereafter, not to exceed twenty-five (25) per cent ofthe amount ofthe taxes not remitted, or ten dollars ($10.00), whichever is greater. The penalty for failure to pay the tax shall be assessed on the day after any payment is due. Any penalty so assessed shall become part of the tax. (b) Interest shall be added thereon at the rate of ten (10) percent per annum which shall be computed upon the taxes and penalty from the first day following the day on which such taxes are due and payable. (c) In the case ofa false or fraudulent return with intent to defraud the city of any tax due under this article, a penalty of fifty (50) percent of the tax shall be assessed against the person required to collect such tax. Sec. 35-413. Interest penalty charges for delinquent taxes; fraudulent returns. (a) If any person, whose duty it is to do so, shall fail or refuse to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax a penalty not to exceed ten (10) percent of the amount of the tax for the first month the taxes are past due, and five (5) per cent for each month thereafter, not to exceed twenty-five (25) percent of the amount of the taxes not remitted, or ten dollars ($10.00), whichever is greater. The penalty for failure to pay the tax shall be assessed on the day after any payment is due. Any penalty so assessed shall become part of the tax. (b) Interest shall be added thereon at the rate often (10) percent per annum,which shall be computed upon the taxes and penalty from the first day -following the day on which such taxes are due and payable. (c) In the case ofa false or fraudulent return with intent to defraud the city of any tax due under this article, a penalty of fifty (50) percent of the tax shall be assessed against the person required to collect such tax. .