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HomeMy WebLinkAbout113 - 10/19/1982 - PROVIDING FOR IMPOSITION OF AN ADDITIONAL SEVENTY-FIVE HUNDREDTHS PERCENT (.75%) RETAIL SALES AND US ORDINANCE NO 113 , 1982 OF THE COUNCIL OF THE CITY—OF FORT COLLINS PROVIDING FOR IMPOSITION OF AN ADDITIONAL SEVENTY-FIVE HUNDREDTHS PERCENT ( 75%) RETAIL SALES AND USE TAX TO BE EFFECTIVE DECEMBER 1, 1982 WHEREA heretofore, the City of Fort Collins did enact a two and twenty-five ndredths percent comprehensive retail sales and use tax, which enac en is codified in Chapter 104 of the Code of the City of Fort Collins, an WHEREAS, it a ears to the Council of the City of Fort Collins that an additional Seven -Five Hundredths Percent ( 75%) retail sales and use tax will be necessary to provide the financing for the City' s existing and projected capital requi ements, and WHEREAS, the Counci of the City of Fort Collins wishes to impose a retail sales and use tax n the amount of seventy-five hundredths percent ( 75%) , said seventy-five h dredths percent ( 75%) to be in addition to the two and twenty-five hun edths percent (2 25%) presently imposed by §104-23B of the Code of the Cit of Fort Collins NOW, THEREFORE, BE IT ORDAI D BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That Article I, Secti n 104-12 (M) of the Code of the City of Fort Collins be, and the same here is, amended to read as follows "M Every retailer or vendor ve ding items of tangible personal property through in operated vending machines shall be exempt fro the provisions of Section 104-13 (A) and (B) an Section 104-14 of this Article, but nevertheless, such retailer or vendor shall pay a retail sale or use tax of three percent (3%) of the tan ible personal property sold in excess of ten cent so vended in the coin operated machines unless th sales shall be otherwise exempt as provided in th Article " Section 2 That Article I, Section 104-13 (A) of t e Code of the City of Fort Collins be, and the same hereby is, amended to ead as follows "A Every retailer or vendor shall , irrespectiv of the provisions of Section 104-14 of this Artic e, be liable and responsible for the payment an amount equivalent to three percent (30) of all sales made by him of commodities or services , De4eated 3/ S/ 83 Elecfl on as 0- Re-Fe.r r e-J ()rcl 1'rA OLyxCe 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 three percent (3%) 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 ex- penses 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 three percent (3%) 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 (50 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 three percent (3%) rate to be paid by him under the provisions of Section 104-13, remitting any excess of collections over said three percent (3%) , 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 read as follows -2- 1104-20 Excess Collections, Failure to Pemit Col- lection If any vendor shall , during any reporting period, collect as a tax an amount in excess of three percent (3%) 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 three percent (3%) 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, amended to read as fol- lows "B The amount of the tax hereby levied is three percent (3%) 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 fol- lows "M Tangible personal property upon the sale of which a retail sales tax at a rate equal to or greater than three percent (3%) 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 cor- poration is less than three percent (3%) , the difference between the tax due under this Article, as computed in accordance with the formula 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 subsec- tion (C) of this section, be liable and respon- sible to the City for the payment, on a monthly basis, of an amount equivalent to three percent (3%) 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 three percent (3%) 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 three percent (3%) 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 three percent (3%) 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 December 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 5th day of October, A D 1982, and to be presented for final passage on the 19th day of October ,, A D 1982 Mayor ATTEST � naz City Cler 1982 Passed and adopted on final reading this lath day of October A D Mayor ATTEST %O�ML�� -N"" - City Clerk -5-