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HomeMy WebLinkAbout054 - 05/18/2010 - AMENDING CHAPTER 25, ARTICLE III OF THE CITY CODE CONCERNING SALES AND USE TAX ORDINANCE NO. 054, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 25, ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING SALES AND USE TAX WHEREAS, under Article V, Section 22 of the City Charter, the Financial .Officer is responsible for collecting, receiving and disbursing all money belonging to the City; and WHEREAS, in the past three years initiatives have been undertaken at the state level to simplify tax collection in the State; and WHEREAS, in the past several years City staff has identified several areas of confusion in the Code regarding definitions, waivers, and notice; and WHEREAS, the Financial Officer and the City Manager recommend that the City Code be amended to allow for more simplified tax collection; and WHEREAS,the City Council wishes to accept the recommendations of the Financial Officer and the City Manager and adopt an ordinance to that effect. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows Section 1. That the definition "Drugs dispensed in accordance with a prescription" contained in Section 25-71 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-71. Definitions. Drugs dispensed in accordance with a prescription shall mean drugs dispensed in accordance with any order in writing, dated and signed by a licensed practitioner of medicine, dentistry, optometry, or podiatry, or given orally by such practitioner, and immediately reduced to writing, specifying the name and address of the person for whom the medicine, drug or poison is offered and directions, if any,to be placed on the label. Section 2. That Section 25-123 of the Code of the City of Fort Collins is hereby amended by the addition of new subparagraphs (f) and (g) which read in their entirety as follows: Sec. 25-123. Remittance of sales tax collected by retailer. (f) Any retailer that collects and remits sales tax to the Financial Officer as provided in this Article may use an electronic database of state addresses that is certified by the State Department of Revenue pursuant to § 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed. (g) Any retailer that uses the data contained in an electronic database certified by the State Department of Revenue pursuant to § 39-26-105.3,C.R.S.;to determine the jurisdictions to which tax is owed shall be held harmless for any tax,penalty, or interest owed the City that otherwise would be due solely as a result of an error in the electronic database, provided that the retailer demonstrates that it used the most current information available in such electronic database on the date that the sale occurred. Each retailer shall keep and preserve such records as prescribed by the Financial Officer to demonstrate that it used the most current information available in the electronic database on the date that the sale occurred. Notwithstanding the above, if the error in collecting and remitting is a result of a deceptive or false representation or fraud, the provisions of this Section shall not apply. Section 3. That Section 25-186(b)of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-186. Failure to make return; estimate of taxes; notices; appeal; audit. (b)The Financial Officer shall serve upon the delinquent taxpayer personally or by first class mail,or certified mail,directed to the last address of the taxpayer on file with the City written notice of such estimated taxes,penalty and interest. Such notice shall constitute a notice of determination, assessment and demand for payment and shall be due and payable within twenty(20) days from the date the notice is mailed. Section 4. That Section 25-225(d) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-225. Limitations on actions to collect. -2- (d) The ability to complete an audit will not lapse, once the taxpayer has been not of the audit period, until thirty (30) days after the date of the notice of determination, assessment and demand for payment issued as a result of such audit. Introduced,considered favorably on first reading,and ordered published this 4th day of May, A.D. 2010, and to be presented for final passage on th418tho May, A.D. 2010. ,,, ' ATTEST:- tea. City Clerk Passed and adopted on final reading on the 18th day of,"a , A.D. 2010. May r ATTEST: City Clerk -3-