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HomeMy WebLinkAbout126 - 09/19/1989 - AMENDING THE CITY CODE RELATING TO THE COLLECTION OF THE ALCOHOLIC BEVERAGES OCCUPATION TAX ORDINANCE NO. 126, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 3, SECTION 76 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE COLLECTION OF THE ALCOHOLIC BEVERAGES OCCUPATION TAX WHEREAS, §3-76 of the Code of the City of Fort Collins, hereinafter the "Code, " establishes an annual occupation tax upon persons involved in the business of selling at retail any fermented malt beverage, malt, special malt, vinous or spirituous liquor; and WHEREAS, §3-77 of the Code authorizes collection of any delinquent occupation tax through the prosecution of a misdemeanor violation of the code and any other civil remedy available at law; and WHEREAS, the Code has established additional collection methods for other municipal taxes, namely sales tax and use tax, which methods include first and prior liens upon the goods, stock in-trade and business fixtures in which the taxpayer has an ownership interest with certain exceptions for creditors who have prior liens; and WHEREAS, it is in the best interest of the City to apply those additional methods of collection to the collection of unpaid occupation taxes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3-76 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph to read as follows: (F) The occupation tax imposed by this section, together with all penalties and interest pertaining thereto, shall constitute a first and prior lien upon the personal properties defined in Section 25-189 of the Code and shall be established and enforceable in the same manner as sales and use taxes as provided in Chapter 25, Sections 189, 191, 192, 194, 195, 196, 197, 198, 199 and 225 of the Code. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 1989, and to be presented for final passage on the 19th day of September, A.D. 1989. Mayor TEST: }" City Clerk \ Passed and adopted on final reading this 19th day of September, A.D. 1989. Mayor ATTEST: City Clerk