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HomeMy WebLinkAbout058 - 11/16/1967 - IMPOSING OR LEVYING A CITY RETAIL SALES TAX AND A USE TAX IN THE CITY AT THE RATE OF ONE PER CENT (1 \ c � * � At t • ORDINANCE NO _5 1967 BEING AN ORDINANCE IMPOSING OR LEVYING A CITY RETAIL SALES TAX AND A USE TAX IN THE CITY OF FORT COLLINS AT THE RATE OF ONE PER CENT (1/) AND AT AN EQUIVALENT OF ONE PER CENT (1/) BRACKET SYSTEM RATE OPERATIVE AND EFFECTIVE ON AND AFTER 11 59 0 CLOCK P M ON DECEMBER 31 1967 PROVIDING FOR LICENS ING OF RETAILERS PROVIDING FOR EXEMPTIONS FROM SAID TAX PROVIDING FOR THE ADMINISTRATION PAYMENT COLLECTION AND ENFORCEMENT OF SAID TAX EMPOWERING THE CITY COUNCIL TO REPEAL THE WITHIN ORDINANCE UNDER CERTAIN CIRCUMSTANCES AND TO SUB MIT A SALES TAX MEASURE TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL CITY ELECTION IN 1969 PRESCRIBING PENALTIES IN CASE OF NONCOMPLIANCE OR VIOLATION AND PROVIDING DETAILS IN RELATION TO ALL OF THE FOREGOING TITLE This ordinance consisting of three parts may be known and cited as the CITY OF FORT COLLINS RETAIL SALES AND USE TAX ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS PART ONE TAX ON RETAIL SALES Section 1 Words and Phrases Defined When not clearly otherwise indicated by the context the following words and phrases as used in this part shall have the following meanings 1 1 The term Person includes any individual firm co partnership joint venture corporation estate or trust receiver trustee assignee lessee or any person acting in a fiduciary or representative capacity whether appointed by court or otherwise or any group or combination acting as a unit and the plural as well as the singular number 1 2 The term Director of Finance shall mean the Director of Finance of the City of Fort Collins the term City Manager shall mean the City Manager of the City of Fort Collins 1 3 The term Sale or sale and purchase includes installment and credit sales the exchange of property as well as the sale thereof for money the sale or furnishing of steam or other heat electrical energy gas telephone or telegraph services and the transaction of furnishing rooms or accommodations to any person who for a consideration uses possesses or has the right to use or possess any room or rooms in any hotel apartment hotel guest house guest ranch mobile home auto camp trailer court or parks under any concession permit right of access license to use or other agreement or otherwise 1 4 The term wholesaler means a person doing a regularly recognized wholesale or jobbing business and known to the trade as such in selling to retail merchants jobbers dealers or other wholesalers for the purpose of resale 1 5 The term wholesale sale means a sale by wholesalers to retail merchants jobbers dealers or other wholesalers for resale The term does not include the sale by wholesalers to users or customers not for resale which sales shall be deemed retail sales and subject to the provisions of this ordinance 1 6 The term retailer or vendor means a person doing a retail business known to the trade and public as such and selling to the user or con sumer and not for resale 1 7 A retail sale includes all sales made within the City except wholesale sales 1 8 The term City means the City of Fort Collins 1 9 The term taxpayer means any person obligated to account to the Director of Finance for taxes collected or to be collected under the terms of this ordinance 1 10 The term tax means either the tax payable by the purchaser of a commodity or service subject to the tax or the aggregate amount of taxes due from the vendor of such commodities or services during the period for which he is required to report his collections as the context may require 1 11 The term tangible personal property means corporeal personal property which may be seen weighted measured felt or touched or is in any manner perceptible to the senses This shall not be construed to mean news papers as legally defined by the Colorado Revised Statutes 1963 Section 109 1 2 1 12 The term purchase price means the price to the consumer exclusive of any direct tax imposed by the federal government or by the State of Colorado or by this ordinance and in the case of all retail sales involy ing the exchange of property also exclusive of the fair market value of the 2 L r r property exchanged at the time and place of the exchange provided such ex changed property is to be sold thereafter in the usual course of the retailer s business 1 13 The term gross taxable sales means the total amount received in money credits property (excluding the fair market value of exchanged property which is to be sold thereafter in the usual course of the retailer s business) or other consideration value in money for the sales and purchases at retail within the city and embraced within the provisions of this ordinance provided however that the taxpayer may take credit in his report of gross sales for an amount equal to the sale price of property returned by the purchaser when the full sale price thereof is refunded either in cash or by credit and provided further that the fair market value of any exchanged property which is to be sold thereafter in the usual course of the retailer s business if included in the full price of a new article shall be excluded from the gross sales and provided further that taxes paid on the amount of gross sales which are represented by accounts not secured by conditional sale contract or chattel mortgage or financing statement and which are found to be worthless and are actually and properly charged off as bad debt for the purpose of the income tax imposed by the laws of the State of Colorado may be credited upon a sub- sequent payment of the tax herein provided but if any such amounts are there after collected by the taxpayer a tax shall be paid upon the amount so collected Such credit shall not be allowed with respect to any account or item therein arising from the sale of any article under a conditional sale contract whereby the seller retains title as security for all or part of the purchase price or from the sale of any article when the seller takes a chattel mortgage or financing statement on the article to secure all or part of the purchase price 1 14 Sales to and purchases of tangible personal property by a person engaged in the business of manufacturing compounding for sale profit or use any article substance or commodity which tangible personal property enters into the processing of or becomes an ingredient or component part of the product which is manufactured compounded or furnished and the container label 3 t r or the furnished shipping case thereof shall be deemed to be wholesale sales and shall be exempt from taxation under this ordinance 1 15 Sales and purchases of electricity gas coal fuel oil or coke for use in processing manufacturing, mining refining irrigation building construction telegraph telephone and radio communication street and railroad transportation services and industrial uses and newsprint and printers ink for use by publishers of newspapers and commercial printers shall be deemed to be wholesale sales and shall be exempt from taxation under the provisions of this ordinance 1 16 Should a dispute arise between the purchaser and seller as to whether or not any such sale is exempt from taxation hereunder nevertheless the seller shall collect and the purchaser shall pay such tax and the seller shall thereupon issue to the purchaserga) receipt or certificate on forms prescribed by the Director of Finance showing the names of the seller and purchaser the item purchased the date price amount of tax paid and brief statement of the claim of exemption The purchaser thereafter may apply to the Director of Finance for a refund of such taxes and it shall then be the duty of the Director of Finance to determine the question of exemption subject to review by the courts as may hereinafter be provided It shall be a violation of this ordinance for any seller to fail to collect or any purchaser to fail to pay a tax levied by this ordinance and on sales on which exemption is disputed 1 17 When right to continuous possession or use of any article of tangible personal property is granted under a lease or contract and such transfer or possession would be taxable under this ordinance if an outright sale were made such lease or contract shall be considered the sale of such article and the tax shall be computed and paid as in the case of an outright sale taxable hereunder 1 18 A farm closeout sale means a sale by auction or private treaty of all tangible personal property of a farmer or rancher previously used by him in carrying on his farming or ranching operations Unless said farmer 4 or rancher is making or attempting to make full and final disposition of all property used in his farming or ranching operations and is abandoning the said operations on the premises whereon they were previously conducted such sale shall not be deemed a farm closeout sale within the meaning of this ordinance 1 19 The sales tax is imposed on the full purchase price of articles sold after manufacture or after having been made to order and includes the full purchase price of materials used and service performed in connection therewith excluding however such articles as are otherwise exempted in this ordinance 1 20 The sale price is the gross value of all the materials labor service and the profit thereon included in the price charged to the user or consumer 1 21 The term business shall include all activities or under takingsof any nature engaged in or caused to be engaged in by any person with the object of gain benefit or advantage direct or indirect 1 22 Auction sale means any sale conducted or transacted at a permanent place of business operated by an auctioneer or a sale conducted or transacted at any location where tangible personal property is sold by an auctioneer when such auctioneer is acting either as agent for the owner of such tangible personal property or is in fact the owner thereof For any pur pose of this ordinance the auctioneer at any sale as defined herein except when acting as an agent for a duly licensed retailer or vendor or when selling only tangible personal property which is exempt from retail sales or use tax as provided in Sections 10 and 11 of this ordinance is a retailer or vendor as defined in Section 1 6 of this ordinance and the sale made by him is a retail sale as defined in Section 1 7 of this ordinance and the business con ducted by him in accomplishing such sale is the transaction of a business as defined in Section 1 21 of this ordinance Section 2 Licenses for Retail Sellers , 2 1 It shall be unlawful for any person to engage in the business of selling at retail as the same is defined in this ordinance on and after 11 59 o clock P M December 31 1967 without first having obtained a license 4 therefor which license shall be granted and issued without fee by the Director 5 of Finance and shall be in force and effect until revoked 2 2 Application content Such license shall be granted only upon application stating the name and address of the person desiring such license the name of such business and the character thereof the location including the street number of such business and such other facts as may be reasonably required by the Director of Finance Section 3 Each Retail Establishment to be Licensed In case business is transacted at two or more separate places by one person a separate license for each place of business shall be required Section 4 Form of License License Non transferable Each License shall be numbered and shall show the name mailing address and place and character of business of the licensee and shall be posted in a conspicuous place in the place of business for which it is issued No license shall be transferable Section 5 Sale at Retail Without License Any person engaged in the business of selling at retail in the City without having secured a License therefor except as specifically provided herein shall be guilty of a violation of this ordinance and shall be punished accordingly Section 6 Revocation of License by Director of Finance The Director of Finance may after giving reasonable notice and after full hearing revoke the license of any person found by the Director of Finance to have violated any provision of this ordinance Section 7 Appeal from the Director of Finance s Order Any finding and order of the Director of Finance revoking the license of any person shall be subject to review by the District Court of the district where the business of the licensee is conducted upon application of the aggrieved party The pro cedure of the review shall be in accordance with Rule 106 (a) (4) of the Colo rado Rules of Civil Procedure Section 8 When License not Required No license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under this ordinance 6 Section 9 Taxable Transactions and Items On and after 11 59 o clock P M December 31 1967 there is hereby levied and there shall be collected and paid a tax in the amount stated in Section 12 hereof as follows 9 1 On the purchase price paid or charged upon all sales and purchases of tangible personal property at retail provided however that the Director of Finance may authorize a retailer doing business wholly or partly on a credit basis to make returns and to remit sales tax on the basis of cash actually received 9 2 In the case of retail sales involving the exchange of property on the purchase price paid or charged including the fair market value of the property exchanged at the time and place of the exchange excluding however from the consideration or purchase price the fair market value of the exchanged property provided such exchanged property is to be sold thereafter in the usual course of the retailer s business 9 3 Upon telephone and telegraph services whether furnished by public or private corporations or enterprises for all City local telephone or telegraph service receipts including zone calls and intrastate telephone or telegraph service receipts originating within the City 9 4 For gas and electric service whether furnished by municipal public or private corporations or enterprises for gas and electricity furnished and sold for domestic and commercial consumption and not for resale upon steam when consumed or used by the purchaser and not resold in original form whether furnished or sold by municipal public or private corporations or enterprises 9 5 Upon the entire amount charged to any person or persons for rooms or accommodations as defined in Section 1 3 hereof 9 6 Upon the amount paid for all meals and cover charges if any furnished in any restaurant eating house hotel drug store club resort hospital nursing home or other such place at which meals or food are regularly sold to the public Section 10 Transactions and Items Exempt from Taxation The sale of the following classes of tangible personal property are exempt from taxation under this ordinance 10 1 Motor vehicles trailers and semi trailers registered outside the City of Fort Collins provided however that the purchase of any motor 7 vehicle trailer or semi trailer outside the City by a resident of the City for use in the City shall be subject to tax hereunder which tax shall be payable to the Director of Finance prior to or at the time the registration license is issued by the County Clerk of Larimer County If any resident of the City shall register his motor vehicle trailer or semi trailer in any other county of the State of Colorado he shall be guilty of a violation of this ordinance 10 2 Sales of tangible personal property shall be exempted from the operation of this ordinance if both the following conditions exist (1) the sales are to those who reside or do business outside the City and (2) the articles purchased are to be delivered to the purchaser outside the City by common carrier or by the conveyance of the seller or by mail provided however that the articles so purchased and so delivered are used outside the City 10 3 All commodities which are taxed under the provisions of Colo rado Motor Fuel Tax of 1933 shall be exempt from taxation hereunder 10 4 The sale of goods manufactured within the City and sold by the manufacturer thereof directly to the ultimate consumer when delivery of such goods is made by common contract or commercial carrier or by conveyance of the seller or the buyer to a point outside the boundaries of the City for use outside the City 10 5 All sales to the United States Government to the State of Colorado its departments or institutions and the political subdivisions thereof in their governmental capacities only and all sales to the City and any department thereof 10 6 All sales to religious charitable and eleemosynary corpora tions in the conduct of their religious charitable and eleemosynary functions and activities only 10 7 All sales which the City is prohibited from taxing under the Constitution or laws of the United States or the State of Colorado shall be exempt hereunder 8 c 10 8 All sales and purchases of neat cattle sheep lambs swine and goats all sales and purchases of mares and stallions for breeding purposes and all farm auction closeout sales shall be exempt from taxation hereunder 10 9 All sales of drugs for human consumption dispersed in accordance with a prescription and all sales of prosthetic devices 10 10 All sales of cigarettes 10 11 All sales and purchases of commodities and services under the provisions of Section 1 3 hereof to any occupant who is a permanent resident of any hotel apartment hotel Lodging house motor hotel guest house guest ranch mobile home auto camp trailer court or park and who enters into or has entered into a written agreement for occupancy of a room or rooms or accommo dations for a period of at least thirty (30) consecutive days during the calendar year or preceding year This exemption shall not apply to the sale or sales of any goods services or commodities other than the furnishing of rooms and accommodations unless such goods services or commodities are other wise exempt from the tax herein 10 12 Sales of tangible personal property to a public utility doing business both within and without the City for use in its said business opera tions outside the City even though delivery thereof is made within the City 10 13 Return for Vending Machine Sales Every retailer or vendor vending items of tangible personal property through coin operated vending machines shall be exempt from the provisions of Section 11 (a) and (b) and Section 12 of this ordinance but nevertheless such retailer or vendor shall pay a retail sales or use tax of one per cent (1/) 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 ordinance Section 11 Retailer Responsible for Payment of Tax (a) Every retailer or vendor shall irrespective of the provisions of Section 12 of this ordinance be liable and responsible for the payment of an amount equivalent to one per cent (1/) of all sales made by him of commodities or services as specified in Section 9 of this ordinance and shall file a return 9 each month with the Director of Finance on or before the 20e day of each month for the preceding month and remit an amount equivalent to said one per cent (1/) of such sales to the Director of Finance Every retailer or vendor may deduct three per cent (3/) of the amount of the tax to be paid by him under this ordinance to cover his expenses of collection and remittance of the tax (b) Every retailer or vendor conducting a business in which the transaction between the vendor and the consumer consists of the supplying of tangible personal property and services in connection with the maintenance or servicing of same shall be required to pay the tax levied under this ordinance upon the full contract price unless application is made to the Director of Finance for permission to use a percentage basis of reporting the tangible personal property sold and the services supplied under such contract The Director of Finance is hereby authorized to determine the percentage based upon the ratio of the tangible personal property included in the consideration as it bears to the total of the consideration paid under said combination con tract or sale which shall be subject to the tax levied pursuant to the provisions of this ordinance This paragraph (b) shall not be construed to include items upon which the tax is imposed on the full purchase price as defined in Section 1 19 of this ordinance 11 1 Return Content Form Etc The returns to be filed by the taxpayer or his duly authorized agent as set forth in the immediately pre ceding paragraph shall contain such information and be made in such manner and upon such forms as the Director of Finance may prescribe The said Director of Finance may extend the time for making returns and paying the taxes due under such reasonable rules and regulations as he may prescribe but no such extension shall be for a greater period than is provided in Section 15 11 2 Exemption Burden of Proof The burden of proving that any retailer is exempt from collecting the tax upon any goods sold and paying same to the Director of Finance or from making such returns shall be on the retailer or vendor under such reasonable requirements of proof as the Director of Finance may prescribe 10 Section 12 Bracket Schedule of Tax Retailers to Collect Tax There is hereby imposed a tax upon all sales of commodities and services specified in Section 9 and not exempt therefrom as specified in Section 10 in accordance with the following schedule (a) on sales amounting to 19 cents to and including $1 18 a tax of one cent (b) on all higher sales one cent shall be added in each bracket of $1 00 or any part thereof of additional sale price (c) except as provided in paragraph (d) of this Section 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 recoverable 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 one per cent (1/) rate to be paid by him under the pro visions of Section 11 remitting any excess of collections over said one per cent (1/) less the three per cent (3/) collection expense allowance to the Director of Finance in the retailer s next monthly sales tax return (d) nothing herein contained shall be deemed to prohibit any retailer selling malt vinous or spirituous liquors by the drink from including in his sale price any tax levied under this article The following brackets shall be used by such retailers in determining amounts to be included in sales prices as provided in this paragraph Total Sales Price Tax Included $0 19 $1 18 1 cent On each further addition of one dollar or any part thereof to the sale price one additional cent shall be included therein No person other than the City may enrich himself or gain any benefit from the collection or payment of such tax nor shall the use of the above brackets relieve the retailer from liability for payment of the full amount of the tax levied by Section 11 of this ordinance 11 No retailer selling malt vinous or spirituous liquors by the drink shall advertise or hold out to the public in any manner directly or indirectly that the tax levied by this article is not considered as an element in the sale price to the consumer Section 13 Director of Finance Formulates Rules To provide uniform methods of adding the tax or the average equivalent thereof to the selling price it shall be the duty of the Director of Finance with the approval of the City Manager to formulate and promulgate after hearing appropriate rules and regulations to effectuate the purpose of this ordinance Section 14 Unlawful to Advertise Assumption or Absorption of Tax It shall be unlawful for any retailer to advertise or hold out or state to the public or to any customer directly or indirectly that the tax or any part thereof imposed by this ordinance will be assumed or absorbed by the retailer or that it will not be added to the selling price of the property sold or if added that it or any part thereof will be refunded Section 15 Special Accounting Basis for Remittance of Tax If the accounting method regularly employed by the retailer in the transaction of his business or other conditions are such that reports of sales made on a calendar month basis will impose unnecessary hardship the Director of Finance may upon written request of the retailer accept reports at such intervals as will in his opinion better suit the convenience of the taxpayer and will not jeopardize the collection of the tax provided however the Director of Finance may by rule permit a taxpayer whose monthly tax collected is less than Twenty and No/100 Dollars ($20 00) to make returns and pay taxes at intervals greater than one month Section 16 Consolidation of Returns A retailer doing business in two or more places or locations taxable hereunder may file one return covering all such business activities in the City Section 17 Tax on Credit Sales etc In case of a sale on credit 12 or a conditional sale contract whereby the seller retains title as security for all or part of the purchase price or whenever the seller takes a chattel mortgage on the goods or commodities to secure all or part of the purchase price the total tax based on the total selling price shall become immediately due and payable This tax shall be charged or collected by the seller No refund or credit shall be allowed to either party to the transaction in case of repossession Section 18 Excess Collections Failure to Remit Collections If any vendor shall during any reporting period collect as a tax an amount in excess of one per cent (1/) 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 one per cent (1/) 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 ordinance is hereby declared to be a violation of this ordinance PART TWO TAX ON STORAGE DISTRIBUTION CONSUMPTION OR USE Section 19 Words and Phrases Defined As used in Part Two of this ordinance the following words and phrases shall mean or include 19 1 Person means an individual firm co partnership joint venture association corporation estate or trust receiver trustee assignee or any other person acting in a fiduciary or representative capacity whether appointed by a court or otherwise or any other group or combination acting as a unit and the plural as well as the singular 19 2 Vendor means a person making sales to a purchaser or leasing to a person at retail and not for resale in theCity or elsewhere of tangible personal property or services subject to the tax imposed by this ordinance for use storage distribution or consumption within the City To prevent evasion and to provide for more efficient administration the term vendor shall be extended to include any salesman representative peddler or canvasser who as agent indirectly or directly of the dealer distributor supervisor or employer under whom he operates or from whom he obtains the tangible personal property 13 sold by him makes sales of tangible personal property or services subject to the tax imposed herein and in such event such agent shall be responsible for the collection and payment of the tax imposed by this ordinance whenever the principal of such agent refuses to become licensed as a vendor hereunder 19 3 Purchaser means any person to whom a taxable service has been rendered or who shall have leased or purchased at retail tangible personal property which is used stored distributed or consumed in the City upon which a tax is imposed by this ordinance 19 4 Use means the exercise for any length of time by any person within the City of any right power or dominion over tangible personal property under a lease or when purchased at retail either within or without the City from a vendor or any other person 19 5 Storage means any keeping or retention of, or exercise of dominion or control over or possession for any length of time of tangible personal property under a lease or when purchased at retail within or without the City from a vendor or anyone else 19 6 Purchase or sale means the acquisition for a price by any person of taxable services or tangible personal property which is used stored distributed or consumed within the City A transaction shall be deemed to be a purchase or sale if the acquisition of tangible personal property was effected by (1) The transfer either conditionally or absolutely of title or possession or both of the tangible personal property or (2) A lease rental or grant of a license to use (including royalty agreements) store distribute or consume the tangible personal property 19 7 Purchase price means the aggregate value in money of any thing or things paid or delivered by a lessee or purchaser to a retailer or vendor in the consummation of a lease or of a retail sale as defined in Section 19 15 hereof without any deduction therefrom on account of the cost of the property sold cost of material used labor or service cost or any other expense whatsoever and provided that when articles of tangible personal property are 14 sold after manufacture or after having been made to order the gross value of all materials labor service and profit thereon shall be included in the said purchase price However the purchase price shall not include any direct tax imposed by the federal government or by the State of Colorado or by this ordinance 19 8 Tangible personal property means corporeal personal property including but not Limited to automotive vehicles as herein defined which may be seen weighed measured felt or touched or is in any manner perceptible to the senses The term tangible personal property shall not include newspapers as legally defined by Article 2 Chapter 109 Colorado Revised Statutes 1963 as amended 19 9 City means the City of Fort Collins or its territorial limits as the case may be 19 10 Director of Finance means the Director of Finance of the City of Fort Collins 19 11 City Manager means the City Manager of the City of Fort Collins 19 12 Code means the Code of the City of Fort Collins 19 13 Wholesaler means a person doing a regularly recognized wholesale or jobbing business and known to the trade as such and selling to retail merchants jobbers dealers or other wholesalers for the purpose of resale 19 14 Wholesale sale or wholesale purchase means a sale by wholesalers to retail merchants jobbers dealers vendors or other wholesalers for resale It does not include a sale by a wholesaler to users purchasers or customers not for resale which sales shall be deemed retail sales and subject to the provisions of this ordinance 19 15 Retail sale or purchased at retail means any sale purchase lease rental or grant of license to use tangible personal property except a wholesale sale or purchase 19 16 Taxpayer means any person obligated to account to the Director of Finance for taxes collected or from whom a tax is due under the terms of this article 15 19 17 Tax means either the tax payable by the purchaser or the aggregate amount of taxes due from a vendor during the period for which he is required to report his collections as herein required 19 18 Gross taxable sales means the total amount received in money credits property or other consideration valued in money from sales leases and purchases at retail as defined in subsection 19 15 hereof subject to the tax herein imposed provided that the vendor taxpayer may take credit in his report of gross taxable sales for an amount equal to the sale or purchase price of tangible personal property returned by the purchaser when the full sale or purchase price thereof is refunded `either in cash or by credit 19 19 Business shall include all activities or undertakings of any nature engaged in or caused to be engaged in by any person with the object of gain benefit or advantage direct or indirect 19 20 Engaged in business in the City means the selling leasing or delivering in the City or any activity in the City in connection with the selling leasing or delivering in the City of tangible personal property by a retail sale as defined in subsection 19 15 hereof for use storage distribu tion or consumption within the City This term shall include but shall not be limited to the following acts or methods of transacting business (1) The maintaining within the City directly or indirectly or by a subsidiary of an office distributing house sales room or house warehouse or other place of business (2) The soliciting either by direct representatives indirect representatives, manufacturer s agents, or by distribution of catalogues or other advertising or by use of the newspaper radio television or any other advertising media or by any other means whatsoever of business from persons residing in the City and by reason thereof receiving orders for or purchasing or renting tangible personal property from such persons residing in the City for use, consumption distribution and storage for use or consumption in the City and the tangible personal property so ordered purchased or leased actually has come to rest for any length of time in the City and has become a part of the mass of property of the City as a result thereof 16- 19 21 Automotive vehicle means any vehicle including every device in upon or by which any person or property is or may be transported or drawn upon a public highway or any device used or designed for aviation or for flight in the air and upon which a specific ownership tax is imposed by the State of Colorado including but not limited to motor vehicles trailers or semi trailers and aircraft but excepting devices moved by human power or used exclusively upon stationary rails or tracks and excepting any such vehicles as herein defined used or engaged in interstate commerce Section 20 Legislative Intent 20 1 It is hereby declared to be the legislative intent of the City Council that for the purposes of this ordinance every person who stores uses distributes or consumes in the City any article of tangible personal property purchased at retail as herein defined is exercising a taxable privilege 20 2 It is hereby declared to be the legislative intent of the City Council that for the purposes of this ordinance, every vendor who is engaged in business in the City as herein defined and who shall deliver or cause to be delivered to the purchaser in theCity any property taxable herein shall collect the tax imposed by this ordinance upon the basis of an addition price of of the tax imposed by this ordinance to the total/articles of tangible personal property that are purchased sold or leased at any one time by or to every customer or buyer in the manner hereinafter set forth Section 21 Imposition of the Tax 21 1 On and after 11 59 o clock P M December 31 1967 there is hereby levied and there shall be collected and paid, a tax by every person exercising the taxable privilege defined in Section 20 hereof for the privilege of storing using distributing or consuming in the City any article of tangible personal property as herein defined purchased or acquired at retail 21 2 The amount of the tax hereby levied is one per cent (1/) of the purchase price as herein defined of such tangible personal property, subject only to Section 23 3 hereof 21 3 In allcases the purchase price or acquisition cost or charge 17 r i of such tangible personal property so acquired or used shall exclude the fair market value of any property exchanged as a part of the consideration paid Section 22 Items Exempt From Taxation of Use Storage Distribution etc The use storage distribution or consumption in the City of the following tangible personal property is hereby specifically exempted from the tax imposed by Section 21 (1) Tangible personal property the sale of which is subject to the City retail sales tax as provided herein (2) Tangible personal property purchased for retail in this City either in its original form or as an ingredient of a manufactured or com pounded product in the regular course of business (3) Motor fuel upon which has accrued or has been paid the motor fuel tax prescribed by the Colorado Motor Fuel Tax law of 1933 (4) Tangible personal property brought into the City by a non resident thereof for his own use storage distribution or consumption while temporarily within this City and the personal property of a resident if such personal property was purchased prior to becoming a resident of this City (5) All sales to the United States Government or the State of Colorado or its institutions or its political subdivisions in their govern mental capacities only (6) Tangible personal property purchased from a non resident vendor by a resident common carrier resident public utility or resident construction company which tangible personal property is stored in this City but not used or consumed in this City (7) Tangible personal property of a person engaged in the business of manufacturing compounding for sale profit or use any article substance or commodity which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded or furnished and the container label or furnished shipping case thereof -18 (8) Sales and purchases of electricity gas coal fuel oil or coke for use in processing manufacturing mining refining irrigation building construction telegraph telephone radio and television communication street and railroad transportation services and all industrial uses and newsprint and printers ink for use by publishers of newspapers and commercial printers (9) All sales to the City and any department thereof (10) All sales to religious charitable and eleemosynary corpora tions in the conduct of their religious charitable and eleemosynary functions and activities (11) All sales and purchases of neat cattle sheep lambs swine and goats all sales and purchases of mares and stallions for breeding purposes and all farm auction closeout sales shall be exempt from taxation hereunder (12) Automotive vehicles and parts and accessories therefor when used or engaged in interstate commerce (13) Tangible personal property upon the sale of which a retail sales tax at a rate equal to or greater than one per cent (1/) 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 one per cent (1/) the difference between the tax due under this ordinance and the tax computed at the rate of such other retail sales tax in accordance with the formula set forth in Section 23 of this ordinance shall be paid to the Director of Finance (14) All sales uses and other transactions which the City is pro hibited from taxing under the Constitution and laws of the United States of America or under the Constitution of the State of Colorado (15) Sales or purchases of drugs for ) human consumption dispersed in accordance with a prescription and all sales of prosthetic devices Section 23 Collection of Tax 23 1 Every vendor engaging in business in the City as herein defined and making sales or Leases of tangible personal property for use 19 storage distribution or consumption in the City which are taxable under the provisions of this ordinance at the time of making such sales and leases is required to collect the tax imposed by Section 21 of this ordinance from the purchaser 23 2 The tax to be collected as provided by Section 23 1 hereof shall be stated and charged separately from the sale price and shown separately from the sale price on any record thereof at the time when the sale is made or at the time when evidence of the sale is issued or employed by the vendor provided that when added such tax shall constitute a part of such purchase price or charge and shall be a,_debt from the purchaser to the vendor until paid and shall be recoverable at law in the same manner as other debts The tax shall be paid by the purchaser to the vendor as trustee for and on account of the City and the vendor shall be liable for the collection thereof for and on account of the City Section 23 3 Notwithstanding the rate of tax imposed by Section 21 of this ordinance and in order to avoid fractions of pennies the following brackets shall be applicable to all taxable transactions (1) On sales as herein defined from 19 cents to and including $1 18 tax of one cent (2) On all higher sales one cent shall be added in each bracket of $1 00 or any part thereof of additional sales price 23 4 (a) Every retailer or vendor shall add the tax imposed by Section 21 of this ordinance or the average equivalent thereof as set forth in Section 23 3 of this ordinance provided however that every retailer or vendor shall irrespective of Section 23 3 of this ordinance be liable and responsible to the City for the payment on a monthly basis of an-amount equiva lent to one per cent (1/) 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 Section 21 of this ordinance and also any excessive collections over said one per cent (1/) arising by the use of the bracket system provided in Section 23 3 of this ordinance less three per cent (3/) of 20 such amount to cover the retailer s or vendor s cost in the collection and remit tance of said tax 23 4 (b) Every retailer or vendor conducting a business in which the transaction between the vendor and the purchaser consists of the supplying of tangible personal property and services in connection with the maintenance or servicing of the same shall be required to pay the tax levied pursuant to this ordinance upon the full contract price unless application is made to the Director of Finance for permission to use a percentage basis of reporting the tangible personal property sold and the services supplied under such contract the Director of Finance is hereby authorized to determine the percentage based upon the ratio of the tangible personal property included in the consideration as it bears to the total of the consideration paid under the said combination contract or sale which shall be subject to the sales and use tax levied pursuant to the provisions of this ordinance This section shall not be construed to include items upon which the sales and use tax is imposed on the full purchase price as defined in Section 19 7 of this ordinance 23 5 Every vendor shall before the twentieth (20 °) day of February 1968 and before the twentieth (20 ") day of each month thereafter make a return to the Director of Finance for the preceding calendar month commencing with the month of January 1968 and remit to said Director of Finance simultaneously therewith the total amount due the City as provided by Section 23 4 23 6 The monthly returns of the vendor as required hereunder shall be made in such manner and upon such forms as the Director of Finance may prescribe Section 24 Director of Finance to Formulate Rules Special Accounting etc To provide uniform methods of adding the tax or the average equivalent thereof to the purchase price it shall be the duty of the Director of Finance to formulate and promulgate with the approval of the City Manager after hearing appropriate rules and regulations to effectuate the purpose of this ordinance provided that if the accounting method regularly employed by 21 the vendor in the transaction of his business or other conditions are such that the returns aforesaid made on a calendar month basis will impose unnecessary hardship the Director of Finance may upon request of the vendor accept returns at such intervals as will in his opinion better suit the convenience of the vendor and will not jeopardize the collection of the tax provided, however the Director of Finance may by rule permit a vendor whose monthly tax collected is less than Twenty and No/100 Dollars ($20 00) to make returns and pay taxes at intervals greater than one (1) month Section 25 Consolidation of Returns A vendor doing business in two or more places or locations whether in or without the City and collecting taxes hereunder may file one return covering all such places or Locations when accompanied by a supplemental report showing the gross and net taxable sales and taxes collected thereon for each such place or location Section 26 Tax on Credit Sales etc 26 1 Whenever tangible personal property is sold which is taxable hereunder under a conditional sales contract or rental purchase contract whereby the vendor retains title as security for all or part of the purchase price or whenever the vendor takes a chattel mortgage or financing statement on such tangible personal property to secure all or part of the purchase price the total tax based on the total selling price shall become immediately due and payable This tax shall be charged or collected by the vendor No refund or credit shall be allowed to either party to the transaction in case of repossession 26 2 Provided further that taxes paid on the amount of gross taxable sales, which are represented by accounts not secured by conditional sale contract rental purchase contract or chattel mortgage or financing state ment and which are found to be worthless and are actually and properly charged off as bad debts for the purpose of the income tax imposed by the laws of the State of Colorado may be credited upon a subsequent payment of the tax herein provided but if any such accounts are thereafter collected by the vendor a tax shall be paid upon the amounts so collected Such credit shall not be allowed with respect to any account or item therein arising from the sale of any article 22 under a conditional sale contract whereby the vendor retains the title as security for all or part of the purchase price or from the sale of any articles when the vendor takes a chattel mortgage or financing statement on the article to secure all or part of the purchase price Section 27 Automobiles Purchased Outside the City No automotive vehicle as defined in Section 19 21 of this ordinance purchased or acquired by a resident of the City for use in the City at retail outside the City shall be registered in Larimer County nor shall title thereto be transferred within Larimer County nor shall a license or registration for the use thereof in the State of Colorado be issued by the County Clerk of Larimer County if the tax imposed by this ordinance upon the privilege of using storing distributing or consuming the same has not been paid to the Director of Finance Section 28 Returns When Tax Not Paid to Vendor By Whom Every person who operates or maintains in theCity a business as defined in Section 19 19 hereof and who purchases or leases tangible personal property for use storage or consumption in the City in connection with his said business as above defined from sources without the City and taxable hereunder and who has not paid the tax imposed by this ordinance thereon to a vendor required or authorized to collect the same shall monthly make a return and pay the tax due to the Director of Finance on or before the twentieth (20 °) day of February 1968 and before the twentieth (20 °) day of each calendar month thereafter for the preceding calendar month commencing with January 1968 Such returns shall show the value of the tangible personal property purchased by such person the use storage distribution or consumption of which became subject to the tax imposed by this ordinance during the period of time covered by the return 28 1 Every resident of theCity who purchases or leases tangible personal property for use storage or consumption in the City from sources without the City and taxable hereunder and who has not paid the tax imposed by this ordinance thereon to a vendor required or authorized to collect the same or to any vendor shall make a return and pay the tax due to the Director of Finance within thirty (30) days from the purchase or lease of such tangible 23 personal property Such return shall show the value of the tangible personal property purchased by such person the use storage distribution or consumption of which is subject to the tax imposed by this ordinance Section 29 Returns by Owners or Lessees When Every owner or lessee of realty situate in the City and of improvements and structures located upon realty situate in the City upon which any article or articles of tangible personal property taxable hereunder acquired from sources outside the City are attached or affixed who has not paid the tax imposed by this article thereon to a vendor required or authorized to collect the same shall monthly make a return and pay the tax due to the Director of Finance on or before the twentieth (20 ") day of February, 1968 and before the twentieth (20h) day of each calendar month thereafter for the preceding calendar month commencing with January 1968 Section 30 Tax Must Be Collected Notwithstanding Sale Made Outside City Every vendor required or permitted to collect the tax shall collect the tax imposed by the provisions of this ordinance notwithstanding the following (1) That the purchaser s order or the contract of sale is delivered mailed or otherwise transmitted by the purchaser to the vendor at a point out side of the City as a result of solicitation by the vendor through the medium of catalog or other written advertisement or (2) That the purchaser s order or contract of sale is made or closed by acceptance or approval outside of the City or before said tangible personal property enters the City or (3) That the purchaser s order or contract of sale provides that said property shall be or it is in fact procured or manufactured at a point outside of the City and shipped directly to the purchaser from the point of origin or (4) That said property is mailed to the purchaser in the City from a point outside the City or delivered to a carrier at a point outside theCity F 0 B or otherwise and directed to the vendor in the City regardless of whether the cost of transportation is paid by the vendor or by the purchaser or (5) That said property is delivered directly to the purchaser at a point outside the City provided however that in paragraphs (1) through (5) 24 above the property is intended to be brought into the City for use storage or consumption in the City Section 31 Licenses for Vendors It shall be unlawful for any person to engage in the business of selling at retail as the same is defined in Part Two of this ordinance tangible personal property and services subject to the tax imposed by this ordinance without first having obtained a license therefor which license shall be granted and issued by the Director of Finance and shall be in force and effect until revoked Section 32 Application Content Such license shall be granted only upon application stating the name and address of the person desiring such license the name of such business and the character thereof the location including the street number of such business and such other facts as may be required Section 33 Each Retail Establishment to be Licensed In case business is transacted at two or more separate places by one person a separate license for each place of business shall be required Section 34 Form of License License Non transferable Each license shall be numbered and shall show the name residence and place and character of business of the licensee and shall be posted in a conspicuous place in the place of business for which it is issued No license shall be transferable Section 35 Doing Business Without a License Any person engaged in business in the City as defined in Part Two of this ordinance without having secured a license therefor except as specifically provided herein shall be guilty of a violation of this ordinance Section 36 Revocation of License by Director of Finance The Director of Finance may on reasonable notice and after full hearing revoke the license of any person found by the Director of Finance to have violated any provision of this ordinance Section 37 Appeal from Director s Order Any finding and order of the Director of Finance revoking the license of any person shall be subject to review by the District Court of the district where the business of the licensee 25 11 is conducted upon application of the aggrieved party The procedure for review shall be in accordance with Rule 106a (4) of the Colorado Rules of Civil Procedure Section 38 Unlawful to Advertise Assumption or Absorption of Tax It shall be unlawful for any vendor to advertise or hold out or state to the public or to any customer directly or indirectly that the tax or any part thereof imposed by this ordinance will be assumed or absorbed by the vendor or that it will not be added to the selling price of the property sold or if added that it or any part thereof will be refunded Section 39 Excess Collections Failure to Remit Collections If any vendor shall during any reporting period collect as a tax an amount in excess of one per cent (1/) 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 one per cent (1/) 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 ordinance is hereby declared to be a violation of this ordinance Section 40 Disputed Tax and Refunds Should a dispute arise between the purchaser and vendor as to whether or not any sale or commodity or service is exempt from taxation hereunder nevertheless the vendor shall collect and the purchaser shall pay such tax and the vendor shall thereupon issue to the purchaser a receipt or certificate on forms prescribed by the Director of Finance showing the names of the purchaser and vendor the items purchased the date, price, amount of tax paid and a brief statement of the claim of exemption The purchaser thereafter may apply to the Director of Finance for a refund of such taxes and it shall be the duty of the Director of Finance to determine the question of exemption subject to review by the courts as herein provided It shall be a violation of this ordinance for any vendor to fail to collect or any purchaserto fail to pay a tax levied by this ordinance and on sales commodities or services on which exemption is disputed 26 r Section 41 Burden of Proof The burden of proof that sales of commodities and services on which tax refunds are claimed are exempt from taxation hereunder or were not at retail shall be on the one making such claim under such reasonable requirements of proof as the Director of Finance may prescribe PART THREE ADMINISTRATION PAYMENT REFUNDS COLLECTION AND ENFORCEMENT OF THE RETAIL SALES AND USE TAX VIOLATIONS AND PENALTIES PROVIDING FOR REPEAL OF ORDINANCE UNDER CERTAIN CIRCUMSTANCES AND FOR SUBMITTING A SALES TAX MEASURE TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL CITY ELECTION IN 1969 Section 42 Refunds Procedure A refund shall be made or credit allowed for the tax so paid under dispute by any person who claims one or more exemptions as provided by the City of Fort Collins Retail Sales and Use Tax Ordinance Such refund shall be made by the Director of Finance after com- pliance with the following conditions precedent 42 1 Application Applications for refund must be made within sixty (60) days after the purchase or acquisition of the goods on which the exemption is claimed and must be supported by the affidavit of the person accompanied by the original paid invoice or sales receipt and a certificate issued by the seller and be made upon such forms as shall be prescribed and furnished by the Director of Finance which forms shall contain such information as said Director of Finance shall prescribe 42 2 Burden of Proof The burden of proving that any person is exempt from paying the tax upon any personal property purchased acquired used stored or consumed within the City shall be upon the person asserting such claim for exemption under such reasonable requirements or proof as the Director of Finance may prescribe 42 3 Decisions Upon receipt of such application the Director of Finance shall examine the same with all due speed and shall give notice to the applicant by an order in writing of his decision thereon 42 4 Hearing An aggrieved applicant may within ten (10) days after such decision is mailed to him petition the Director of Finance for a hearing on the claim in the manner provided hereinafter 27 Section 43 Refunds not Assignable The right of any person to refund under this ordinance shall not be assignable and application for refund must be made by the same person who purchased the goods and paid the tax thereon as shown in the invoice of the sale thereof Section 44 Penalty for Violating Refund Provisions Any applicant for refund under the provisions hereinabove or any other person who shall make any false statement in connection with an application for a refund of any tax shall be deemed guilty of a violation of this ordinance and punished as herein after provided Section 45 Violations of Refund Provisions to be Used as Evidence of Fraudulent Intent If any person be convicted under the provisions of Section 44 such conviction shall be prima facie evidence that all refunds received by such person during the current year were obtained unlawfully and the Director of Finance is hereby empowered and directed to bring appropriate action for recovery of such refund A brief summary of the above mentioned penalties shall be printed on each form application for refund Section 46 Sales Tax Information to be Confidential 46 1 Except in accordance with judicial order or as otherwise herein provided the Director of Finance his agents, clerks and employees shall not divulge any information gained from any return filed under the provisions of this ordinance 46 2 The persons charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained therein in any action or proceeding in any court except on behalf of the Director of Finance in an action under the provisions of this ordinance to which he is a party or on behalf of any party to an action or proceeding under the provisions of this ordinance or to punish a violator thereof when the report of facts shown by such report is directly involved in such action or proceeding, in either of which events the court may require the production of, and may admit in evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more 28 46 3 Nothing construed in this section shall be construed to prohibit the delivery to a person or his duly authorized representative of a copy of any return or report filed in connection with his tax nor to prohibit the publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof nor to prohibit the inspection by the City Attorney of the City or any other legal representative of the City of the report or return of any person who shall bring action to set aside or review the tax based thereon or against whom an action or pro ceeding is contemplated or has been instituted under this ordinance 46 4 Reports and returns shall be preserved for three (3) years and thereafter until the Director of Finance, with approval of the City Manager orders them destroyed Section 47 Duty to Keep Books and Records It shall be the duty of every person engaged or continuing in business in the City for the transaction of which a license is required hereunder to keep and preserve suitable records of all sales made by him and such other books or accounts as may be necessary to determine the amount of tax for the collection of which he is liable hereunder It shall be the duty of every such person to keep and preserve for a period of three (3) years all invoices of goods and merchandise purchased for resale and all such books invoices and other records shall be open for examination at any time by the Director of Finance or his duly authorized agents Section 48 Penalty for Wrongfully Divulging Sales Tax Information Any City officer or employee or any member of the office of or officer or employee of the Director of Finance who shall divulge any information classified herein as confidential in any manner except in accordance with proper judicial order or as otherwise provided by law shall be guilty of a violation hereof Section 49 Examination of Returns Refunds Credits and Deficiencies As soon as practicable after the return is filed the Director of Finance shall examine it 49 1 If it then appears that the correct amount of tax to be remitted is greater or less than that shown in the return, the tax shall be recomputed by the Director of Finance 29 49 2 If the amount paid exceeds that which is due the excess shall be refunded or credited against any subsequent remittance from the same person 49-3 If the amount paid is less than the amount due the difference together with interest thereon at the rate of one-half of one per cent (�/) per month from the time the return was due shall be paid by the taxpayer within ten (10) days after written notice and demand to him from the Director of Finance Section 50 Penalty for Deficiencies Caused by Disregard of Rules If any part of the deficiency is due to negligence but without the intent to defraud there shall be added ten per cent (10/) of the total amount of the deficiency and interest in such case shall be collected at the rate of one per cent (1/) per month on the amount of such deficiency from the time the return was due from the person required to file the return which interest and addition shall become due and payable within ten (10) days after written notice and demand by the Director of Finance Section 51 Penalties for Deficiency Caused by Fraud If any part of the deficiency is due to the intent by the taxpayer to evade the tax then there shall be added fifty per cent (50/) of the total amount of the deficiency and in such case the whole amount of the tax unpaid including the additions shall become due and payable ten (10) days after written notice and demand by the Director of Finance and an additional one per cent (1/) per month on said amounts shall be added from date the return was due until paid Section 52 Investigation of Retailer s Books For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any person the Director of Finance or his duly authorized deputies or appointed agents may hold investigations and hearings concerning any matters covered by this ordinance and may examine any relevant books papers records or memoranda of any such person and may require the attendance of such person or any officer or employee of such person or of any person having knowledge of such sales and may take testimony and proof for his information The Director of Finance and his duly authorized deputies shall have power to administer oaths to such persons 30 Section 53 Hearings Subpoenas and Witness Fees All subpoenas issued under the terms of this ordinance may be served by any person over the age of 18 years The fees of witnesses for attendance and trial shall be the same as the fees of witnesses before the District Court such fees to be paid when the witness is excused from further attendance When the witness is sub poenaed at the instance of the Director of Finance such fees shall be paid in the same manner as other expenses under the terms of this ordinance and when a witness is subpoenaed at the instance of any party to any such proceeding of the Director/Finance may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned In such case the Director of Finance in his discretion may require a deposit to cover the cost of such service and witness fees A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record Section 54 Judge Compels Attendance Any district judge of the District Court upon the application of the Director of Finance may compel the attendance of witnesses the production of books papers records or memoranda and the giving of testimonyrbefore the Director of Finance or any of his duly authorized deputies or appointed agents by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before said Court Section 55 Depositions The Director of Finance or any party in an investigation or hearing before the Director of Finance may cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books papers records or memoranda Section 56 Unpaid Tax a Prior Lien, Satisfaction of Lien by Levy Sale etc 56 1 The tax imposed by the City of Fort Collins Retail Sales and Use Tax Ordinance together with the interest and penalties herein provided and 31 the cost of collection which may be incurred by the City shall be and until paid remain a first and prior lien superior to any other liens on all the tangible personal property of taxpayer purchaser or vendor which is located within the City and may be foreclosed by seizing under distraint warrant and selling so much thereof as may be necessary to discharge said lien Such distraint warrant may be issued by the Director of Finance or his authorized agent whenever the taxpayer purchaser or vendor is in default in the payment of said tax interest and penalty Said warrant may be served and the goods subject to such lien seized by the Director of Finance or his authorized agent and may be sold by him at a public auction to be held ten (10) days after notice thereof has been published in a newspaper published in the City 56 2 The Director of Finance or his authorized agent shall forth with levy upon sufficient of the tangible personal property of the taxpayer purchaser or vendor, and the said property so levied upon shall be sold in all respects with like effect and in the same manner as is prescribed by law in respect to executions against property upon judgment of a court of record and the remedies of garnishment shall apply Section 57 Sale of business Any retailer who shall sell out his business or stock of goods or shall quit his business shall be required to make out a return as provided in this ordinance within ten (10) days after the date he sold out his business or stock of goods or quit business and his successor in business shall be required to withhold sufficient of the purchase money to cover the amount of the sales and use tax due and unpaid until such time as the former owner shall produce a receipt from the Director Of Finance showing that the taxes have been paid or a certificate that no taxes are due Section 58 Purchases Subject to Tax Lien If the purchaser of a business or stock of goods shall fail to withhold the amount of purchase money as above provided and the tax shall be due and unpaid after they ten (10) day period allowed he as well as the vendor shall be personally liable for the payment of the taxes unpaid by the former owner Likewise, anyone who takes any stock of goods or business fixtures of or used by any retailer under lease 32 title retaining contract or other contract arrangement by purchase foreclosure sales, or otherwise takes same subject to the lien for any delinquent sales and use taxes owed by such retailer and shall be liable for the payment of all delinquent sales taxes of such prior owner, not, however exceeding the value of the property so taken or acquired Section 59 Status of Unpaid Tarn Bankruptcy and Receivership Whenever the business or property of any taxpayer subject to the City of Fort Collins Retail Sales and Use Tax Ordinance shall be placed in a receivership bankruptcy or assignment for the benefit of creditors or seized under dis traint for property taxes all taxes penalties and interest imposed by this ordinance and for which said retailer is in any way liable under the terms of i this ordinance shall constitute a prior and preferred Lien against all the property of said taxpayer except as to pre existing claims or liens of a bona fide mortgagee pledgee judgment creditor or purchaser whose rights shall have attached prior to the filing of the notice as hereinafter provided on the property of the taxpayer other than the goods stock in trade and business fixtures of such taxpayer and no sheriff, receiver assignee or other officer shall sell the property of any person subject to this ordinance under process or order of any court without first ascertaining from the Director of Finance the amount of any taxes due and payable under the City of Fort Collins Retail Sales and Use Tax Ordinance and if there be any such taxes due owing and unpaid, it shall be the duty of such officer to first pay the amount of said taxes out of the proceeds of such sale before making payment of any moneys to any judgment creditor or other claimants of whatsoever kind or nature except the costs of the proceedings and other pre existing claims or liens as above provided Section 60 Trust Status of Tax in Possession of Retailer All sums of money paid by the purchaser to the retailer as taxes imposed by this ordinance shall be and remain public money and the property of the City in the hands of such retailer and he shall hold the same in trust for the sole use and benefit of the City untilpaid to the Director of Finance as herein provided and for failure so to pay to the Director of Finance such retailer shall be punished for a violation hereof 33 r Section 61 Refusal to Make Return Estimate of Taxes Penalty Notice Assessment 61 1 If any person neglects or refuses to make a return in payment of the taxes as required by this ordinance the Director of Finance shall make an estimate based upon such information as may be available of the amount of the taxes due for the period or periods for which the taxpayer is delinquent and upon the basis of such estimated amount compute and assess in addition thereto a penalty equal to ten per cent (10/) thereof together with interest on such delinquent taxes at the rate of one per cent (1/) per month from the date when due 61 2 Promptly thereafter the Director of Finance shall give to the delinquent taxpayer written notice of such estimated taxes penalty and interest which notice must be served either personally or by registered or certified mail 61 3 Such estimate shall thereupon become an assessment and such assessment shall be final and due and payable from the taxpayer to the Director of Finance ten (10) days from the date of service of the notice or the date of mailing by registered or certified mail., provided however that within said ten day period such delinquent taxpayer may petition the Director of Finance for a revision or modification of such assessment and shall within such ten day period furnish the Director of Finance the facts and correct figures showing the correct amount of such taxes 61 4 Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally and shall be given under oath of said taxpayer 61 5 Thereupon the Director of Finance may modify such assessment in accordance with the facts submitted Such assessment shall be considered the final order of the Director of Finance and may be reviewed under Rule 106 (a) (4) of the Colorado Rules of Civil Procedure as provided in this ordinance provided that the taxpayer gives written notice to the Director of Finance of his intent to seek review within five (5) days after receipt of the final order of assessment 34 Section 62 Notice of Tax Lien 62 1 If any taxes penalty or interest imposed by this ordinance and shown by returns filed by a taxpayer or as shown by assessments duly made as provided herein are not paid within five (5) days after the same are due the Director of Finance shall issue a notice setting forth the name of the taxpayer the amount of the tax penalties and interest the date of the accrual thereof and that the City claims a first and prior lien therefor on the real and tangible personal property of the taxpayer except as to pre existing claims or liens of a bona fide mortgagee pledgee judgment creditor or purchaser whose right shall have attached prior to the filing of the notice as hereinafter provided on property of the taxpayer 62 2 Such notice shall be on forms prepared by the Director of Finance and shall be verified by him or his agent and may be filed in the office of the Clerk and Recorder of any county in this state in which the tax payer owns real or tangible personal property and the filing of such notice shall create such lien on such property in that county and constitute a notice thereof Section 63 Release of Lien Any lien for taxes as shown on the records of the county clerks and recorders as herein provided shall upon the payment of all taxes penalties and interest covered thereby be released by the Director of Finance in the same manner as mortgage or judgments are released Section 64 Recovery of Unpaid Tax by Action at Law 64 1 The Director of Finance may also treat any such taxes, penalties or interest due and unpaid as a debt due the City from the vendor retailer 64 2 In case of failureto pay the taxes or any portion thereof or any penalty or interest thereon when due the Director of Finance may recover at law the amount of such taxes penalties and interest in any county or district court of the county wherein the taxpayer resides or has his place of business 64 3 The return of the taxpayer or the assessment made by the Director of Finance as herein provided shall be prima facie proof of the amount due 35 r • 64 4 ° The City Attorney is hereby authorized upon request by the Director of Finance to commence any legal action or suit for the recovery of the tax due under the City of Fort Collins Retail Sales and Use Tax Ordinance Section 65 City a Party to Title Actions for Determination of Liens In any action affecting the title to real estate or the ownership or right to possession of persona property the City may be made a party for the purpose of obtaining a judgment or determination of its lien upon the property involved therein Section 66 Director of Finance May Waive Penalty The Director of Finance is hereby authorized to waive for good cause shown according to such policies as may from time to time be established by the City Council any penalty assessed as in this ordinance provided For this purpose any interest imposed in excess of six per cent (6/) per annum shall be deemed a penalty Section 67 Petitions by Aggrieved Taxpayers to Set Hearings If any taxpayer having made a return and paid the tax provided for in theCity of Fort Collins Retail Sales and Use Tax Ordinance, deems himself aggrieved by the assessment made upon him by the Director of Finance he may apply to the Director of Finance by petition in writing within ten (10) days after the notice is mailed to him for a hearing and a correction of the amount of the tax so assessed in which petition he shall set forth the reasons why such hearing should be granted and the amount by which such tax should be reduced The Director of Finance shall notify the petitioner in writing of the time and place fixed by him for such hearing After such hearing the Director of Finance shall make such order in the matter as is just and proper and shall furnish a copy of such order to the petitioner Section 68 Decisions of Director of Finance Notice When Final Every decision of the Director of Finance shall be in writing and notice thereof shall be mailed to the taxpayer within ten (10) days and all such decisions shall become final upon the expiration of thirty (30) days However for purposes of review the decision shall be final immediately Section 69 Review of Director of Finance s Decision The taxpayer 36 ti may apply for review of the decision by the Director of Finance in the District Court in and for Larimer County and in accordance with Rule 106 (a) (4) of the Colorado Rules of Civil Procedure Section 70 Review Bond Filed with Director of Finance Before making application to the District Court the party making such application shall file with the Director of Finance a bond in twice the amount of the taxes interest and other charges audited and stated in the determination and decision of the Director of Finance with good and sufficient surety or at his option may deposit lawful money of the United States in the same manner as herein provided Section 71 Review in District Court 71 1 The District Court shall determine denovo or review all questions of law and fact determined by the Director of Finance in administering the provisions of this ordinance by writ under Rule 106 (a) (4) of the Colorado Rules of Civil Procedure 71 2 Every writ for a determination denovo or for review shall be issued by the Clerk of the District Court upon a verified petition of the tax payer filed within twenty (20) days after mailing of notice of the decision of the Director of Finance and upon proof of compliance with Section 71 hereof 71 3 The writ shall be served within five (5) days after its issuance and shall be returnable at such time as the District Court may deter mine not less than ten (10) days nor more than twenty (20) days after the date when the writ was issued The Director of Finance shall forthwith certify the record of his proceedings to said Court 71 4 The procedure thereunder shall be in conformity with the Rules of Civil Procedure of the State of Colorado Section 72 Review of District Court Decisions by Supreme Court The decision of the District Court may be reviewed in the Supreme Court upon writ of error by any party Section 73 Notices to be Sent Registered or Certified Mail All notices required to be given to any taxpayer under the provisions of this 37- 1 � ordinance shall be in writing and if mailed �prepaid by certified or registered mail return receipt requested to him at his last known address shall be sufficient for the purpose of this ordinance Section 74 License and Tax in Addition to all Other Taxes The license and tax imposed by this ordinance shall be in addition to all other licenses and taxes imposed by law except as herein otherwise provided Section 75 Hearings to be Held in City Every hearing before the Director of Finance shall be held in the City of Fort Collins Section 76 Administration of Ordinance by Director of Finance The administration of the licensing provisions of this ordinance is hereby vested in the Director of Finance and the administration of all other provisions of this ordinance is hereby vested in and shall be exercised by the Director of Finance who shall prescribe forms and reasonable rules and regulations, in conformity with this ordinance for the making of returns for the ascertainment assessment and collection of taxes imposed and for the proper administration and enforcement thereof Section 77 Purpose of Tax Distribution of Proceeds The City Council hereby declares that the purpose of the levy of the taxes imposed by this ordinance is for the raising of funds for the payment of the expenses of operating the City and for capital improvements and in accordance with these purposes all of the proceeds of said tax shall be placed in and become a part of the General Fund of the City Section 78 Statute of Limitations The taxes for any period together with interest thereon and penalties with respect thereof imposed by this ordinance shall not be assessed nor shall any notice of Lien be filed or distraint warrant be issued or suit for collection be instituted or any other action to collect the same be commenced more than three (3) years after the date on which the tax was or is payable Nor shall any lien continue after such period except for taxes assessed before the expiration of such period notice of lien with respect to which has been filed prior to the expiration of such period in which cases such lien shall continue only for one (1) year after the filing of notice thereof 38 78 1 In case of a false or fraudulent return with intent to evade tax the tax together with interest and penalties thereon may be assessed or proceedings for the collection of such taxes may be begun at any time 78 2 Before the expiration of such period of limitation the tax payer and the Director of Finance may agree in writing to an extension thereof and the period so agreed on may be extended by subsequent agreement in writing Section 79 Motor Vehicles and Trailers Any resident of the City who shall purchase any automotive vehicle as defined in Section 19 21 hereof, whether new or used outside the corporate limits of the City for use within the City shall immediately and prior to registering and obtaining a license therefor make a return showing such transaction to the Director of Finance and thereupon pay to him the tax applicable thereto as provided for herein and failure to do so shall constitute a violation of this ordinance Section 80 Failure to Register Automotive Vehicles in Larimer County Any resident of the City who registers his automotive vehicle as defined herein whether new or used, outside the corporate limits of the City for use within the City shall immediately and prior to registering and obtaining a license therfor make a return showing such transaction to the Director of Finance and thereupon payto him the tax applicable thereto as provided for herein and failure to do so shall constitute a violation of this ordinance Section 81 Building Materials and Supplies Any person who shall build construct reconstruct alter expand modify or improve any building dwelling or other structure or improvement to real property within the City of Fort Collins and who shall purchase the lumber fixtures or any other building materials and supplies used therefor from any source outside the corporate limits of the City shall keep and preserve all invoices and statements showing such purchases and shall on or before the twentieth (20th) 1ay of each succeeding month following the commencement of such construction file a return with the Director of Finance and shall thereupon pay to said Director of Finance the full amount of the tax due thereon as provided herein for the preceding 39 tit month or months Any failure to preserve such statements and invoices and to make such return and payment of this tax shall be deemed a violation of this ordinance and any person so offending shall be subject to the penalties and punishment provided herein It shall be the duty of the City Building Inspector and the contractors and subcontractors who are hired to do the above stated work or any portion thereof to furnish the Director of Finance such infor matron as he may require as to any purchases of lumber, fixtures or any other building materials and supplies for such work which were obtained from sources outside the corporate limits of the City The full amount of any tax due and not paid for lumber fixtures or any other building materials and supplies purchased from such outside sources together with penalties and interest thereon as herein provided shall be and constitute a lien upon the real property benefited by such work and the Director of Finance is hereby authorized to file a notice of such lien with the County Clerk and Recorder of Larimer County Section 82 Lien for Unpaid Taxes on Personal Property Affixed to Real Property The full amount of unpaid taxes arising from and required to be reported pursuant to the provisions of Section 29 together with interest and penalties as herein provided shall be and constitute a first and prior lien which lien shall have precedence over all other liens of whatsoever kind and nature except as to liens for general taxes created by state law and except as to pre existing claims or liens of a bona fide mortgagee pledgee judgment creditor or purchaser whose rights shall have attached prior to the filing of the notice of tax lien on the property of the taxpayer Section 83 No Final Inspection or Certificate of Occupancy Unless Tax Paid No final inspection shall be made by the City Building Inspector or no certificate of occupancy shall be issued unless all taxes due as provided herein on all lumber fixtures and any other building materials and supplies used in or connected with the construction reconstruction alteration expan sion modification or improvement of any budding dwelling or other structure or improvement to real property within the City have been paid or arrangements therefor made with the Director of Finance 40 y� Section 84 Severability If any part section subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid such decision shall not affect the remaining portions of this ordinance the City Council hereby declares that it would have passed this ordinance and each part section subsection sentence clause and phrase thereof irrespective of the fact that any one or more parts sections, subsections sentences clauses or phrases be declared invalid Section 85 Violations Evasion of Collection or Payment of Tax It shall be a violation of this ordinance for any retailer vendor or any other person subject to the tax levied herein to refuse to make any return provided to be made in this ordinance or to make any false or fraudulent return or any false statements in any return, or to fail or refuse to make paygient to the Director of Finance of any taxes collected or due the City or in any manner to evade the collection and payment of the tax, or any part thereof imposed by this ordinance or for any person or purchaser to fail or refuse to pay such tax or evade the payment thereof, or to aid or abet another in any attempt to evade the payment of the tax imposed by this ordinance Any corporation making a false return or a return containing a false statement shall be guilty of a violation of this ordinance Section 86 Penalty 86 1 Any person who shall violate any of the provisions of this ordinance shall be guilty of a violation thereof and shall be punished by a fine not to exceed Three Hundred and No/100 Dollars ($300 00) or imprisonment not to exceed ninety (90) days 86 2 Each and every twenty four (24) hours continuation of any violation shall constitute a distinct and separate offense Section 87 Repeal of Ordinance Under Certain Circumstances In the event a county wide sales tax becomes effective in Larimer County and provision is made for the distribution of revenue collections to the City of Fort Collins in an amount at least equal to the revenue collections which would be received under the within ordinance the within ordinance shall become inoperative and 41 l shall be forthwith repealed by the City Council of the City of Fort Collins as of the effective date of such county wide sales tax Section 88 Submission of Sales Tax Measure at General City Election In the event no county wide sales tax as provided for in the section immediately preceding becomes effective prior to the date of the general election to be held in the year 1969 a measure shall be submitted to the qualified voters at such election for approval of the within ordinance and if a majority of the qualified voters voting thereon fail to approve the within ordinance the same shall be repealed with such repeal to be effective January 1 1970 Section 89 Section Headings The section headings contained herein are intended for convenience only and shall have no substantive effect Introduced considered favorably on first reading and ordered published this 26 ° day of October, A D 1967 and to be presented for final passage on the 16 h day of November, A D 1967 W Mayor ATTEST C` cy�--- City Clqrk Passed and adopted on final reading this 16 " day of November A D 1967 Mayor ATTEST City C1e k 42 0