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HomeMy WebLinkAbout149 - 10/20/1981 - PROVIDING FOR IMPOSITION OF AN ADDITIONAL TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) RETAIL SALES AND US ORDINANCE NO 149, 1981 OF THE COUNCIL OF THE CITY OF FORT COLLINS PROVIDING FOR IMPOSITION OF AN ADDITIONAL TWENTY-FIVE HUNDREDTHS PERCENT ( 25%) RETAIL SALES AND USE TAX TO BE EFFECTIVE JANUAPY 1, 1982 WHEREAS, heretofore, the City of Fort Collins did enact a two percent comprehensive retail sales and use tax, which enactment is codified in Chapter 104 of the Code of the City of Fort Collins, and WHEREAS, it appears to the Council of the City of Fort Collins that an additional 25 percent retail sales and use tax will be necessary to provide the financing for the City's existing and projected capital re- quirenents, and WHEREAS, the Council of the City of Fort Collins wishes to impose a retail sales and use tax in the amount of twenty-five hundredths percent ( 25%) , said twenty-five hundredths percent ( 251) to be in addition to the two percent (2%) presently imposed by §104-23B of the Code of the City of Fort Collins NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That Article I, Section 104-12 (M) of the Code of the City of Fort Collins be, and the same hereby is,amended to read as follows "M Every retailer or vendor vending iteiis of tangible personal property through coin operated vending machines shall be exempt from the provisions of Section 104-13 (A) and (B) and Section 104-14 of this Article, but nevertheless, such retailer or vendor shall pay a retail sales or use tax of two and twenty-five hundredths percent (2 25%) of the tangible personal property sold in excess of ten cents so vended in the coin operated machines unless the sale shall be otherwise exempt as provided in this Article " Section 2 That Article I , Section 104-13 (A) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "A Every retailer or vendor shall , irrespective of the provisions of Section 104-14 of this Article, be liable and responsible for the payment of an amount equivalent to two and twenty-five hun- dredths percent (2 251) of all sales made by him of commodities of services, as specified in Section 104-11 of this Article and shall file a return each month with the Director of Finance on or before the 20th day of each month for the preceding month and remit an amount equivalent to said two and twenty-five hundredths percent (2 25%) of such sales to the Director of Finance Every retailer or vendor may deduct three percent of the amount of the tax to be paid by him under this Article to cover his expenses of collection and remittance of the tax " Section 3 That Article I, Section 104-14 (A) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "A There is hereby imposed a tax upon all sales of commodities and services specified in Section 104-11 and not exempt therefrom, as specified in Section 104-12, at the rate of two and twenty- five hundredths percent (2 25%) of the amount of the sale to be computed in accordance with schedules or systems approved by the Director of Finance Said schedules or systems shall be designed so that no such tax shall be charged on any sale of seventeen cents ( $0 17) or less " Section 4 That Article I, Section 104-14 (B) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "B Except as provided in subsection (C) below, retailers shall add the tax imposed hereby, or the average equivalent thereof, to the sale price or charge showing such tax as a separate and distinct item and , when added , such tax shall constitute a part of such price or charge and shall be a debt from the consumer or user to the retailer until paid and shall be recov- erable at law in the same manner as other debts The retailer shall be entitled , as collecting agent of the City, to apply and credit the amount of his collection against the two and twenty-five hundredths percent (2 25%) rate to be paid by him under the provisions of Section 104-13, remitting any excess of collections over said two and twenty-five hundredths percent (2 25%) , less the three percent (3%) collection expense allowance, to the Director of Finance in the retailer's next monthly sales tax return " Section 5 That Article I, Section 104-20 of the Code of the City of Fort Collins be, and the same hereby IS , amended to lead as follows -2- "§104-20 Excess Collections, Failure to Remit Col- lection T-f any vendor shall , during any reporting period , collect as a tax an amount in excess of two and twenty-five hundredths percent (2 25%) of his total taxable sales , he shall remit to the City of Fort Collins the full net amount of the tax herein imposed and also such excess The retention by the retailer or vendor of any excess tax collections over two and twenty-five hundredths percent (2 25%) of the total taxable sales of such retailer or vendor, or the intentional failure to remit punctually to the Director of Finance the full amount required to be remitted by the provisions of this Article, is hereby declared to be a violation of this Article " Section 6 That Article II, Section 104-23 (B) of the Code of the City of Fort Collins be, and the same hereby is, anended to read as fol- lows "B The amount of the tax hereby levied is two and twenty-five hundredths percent (2 25%) of the purchase price as herein defined of such tangible personal property, such subject only to Section 104-25 (C) hereof " Section 7 That Article II, Section 104-24 (M) of the Code of the City of Fort Collins be,and the same hereby is, amended to read as follows "M Tangible personal property upon the sale of which a retail sales tax at a rate equal to or greater than two and twenty-five hundredths percent ( 2 25%) has been imposed and collected by a municipal corporation organized and existing under the authority of Article XX of the Constitution of the State of Colorado If the rate of retail sales tax paid to such municipal corporation is less than two and twenty-five hundredths percent (2 25%) , the difference between the tax due under this Article, as computed in accordance with the forumula set forth in Section 104-25 of this Article, and the tax computed at the rate of such other retail sales tax shall be paid to the Director of Finance " Section 8 That Article II, Section 104-25 (D) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as fol- lows -3- "D Every retailer or vendor shall add the tax imposed by Section 104-23 of this Article or the average equivalent thereof, as set forth in subsection (C) of this section, provided , however, that every retailer or vendor shall , irrespective of subsection (C) of this section, be liable and responsible to the City for the pay- ment, on a monthly basis, of an amount equivalent to two and twenty-five hundredths percent (2 25%) of all of his gross taxable sales, as herein defined, of the tangible personal property used, stored, distributed or consumed in the City, as specified in said Section 104-23 of this Article, and also any excessive collections over said two and twenty-five hundredths percent (2 25%) arising by the use of the bracket system provided in subsection (C) of this section, less three percent (3%) of such amount to cover the retailer 's or vendor's costs in the collection and remittance of said tax " Section 9 That Article II, Section 104-41 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "Section 104-41 Excess Collections, Failure to Remit Collections If any vendor shall , during any reporting period , collect as a tax an amount in excess of two and twenty-five hundredths percent (2 250/10) of his total taxable sales , he shall remit to the Director of Finance the full net amount of the tax herein imposed and also such excess The retention by the vendor of any excess of tax collections over two and twenty-five hundredths percent (2 25%) of the total taxable sales of such vendor, or the intentional failure to remit punctually to the Director of Finance the full amount required to be remitted by the provisions of this Article, is hereby declared to be a violation of this Article " Section 10 That the amendments made to Sections 1 through 9 above shall take effect at 12 01 A M on January 1 , 1982, and shall remain in effect until otherwise rescinded or modified by action of the City Council of the City of Fort Collins -4- Introduced, considered favorably on first reading, and ordered pub- lished this 6th day of October_, A D 1981 , and to be presented for final passage on the 20th day of October , A D 1981 / N+ Ray-or ATTEST ity Lierk Passed and adopted on final reading this 20th day of October A D 1981 6;1'�40�k ayor ATTEST iC'ty C er c -5-