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76-099 Ordinance
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76-099 Ordinance
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1/15/2014 2:59:51 PM
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North Olmsted Legislation
Legislation Number
76-099
Legislation Date
9/7/1976
Year
1976
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C ITY OF NORTH OLMST~E 4 <br />ORDINANCE N0. 76 ~ <br />Page 3 <br />The Director of Finance may authorize vendors whose tax <br />liability is not such as to merit monthly returns, as determined by the <br />Director of Finance upon the basis of administrative costs to the City, <br />to make and file returns at less frequent intervals. Such authorization <br />shall be in writing and shall indicate the intervals at which returns <br />are to be filed. <br />The Director of Finance shall stamp or otherwise mark on <br />each return the date it is received by him and shall also show thereon <br />by stamp or otherwise the amount of payment received with the return. <br />Any vendor who fails to file a return under this chapter shall, for each <br />day he so fails, forfeit and pay into the City Treasury the sum of <br />one dollar ($1.00). <br />The Director of Finance, if he deems it necessary in order <br />to insure the payment of the tax imposed by this chapter, may require <br />returns and payments to be made for other than monthly periods. The returns <br />shall be signed by the vendor or his authorized agent. <br />745.07 Liability of Guest; Assessment; Petition for Reassessment; <br />Penalties <br />If any vendor collects the tax imposed by or pursuant to <br />this chapter and fails to remit the tax to the City as prescribed, he <br />shall be personally liable for any amount collected which he failed to remit. <br />The Director of Finance may make an assessment against the vendor <br />based upon any information in the Director of Finance's possession. <br />If any vendor fails to collect the tax or any transient <br />guest fails to pay the tax imposed by or pursuant to this chapter on any <br />transaction subject to the tax, such vendor or transient guest shall be <br />personally liable for the amount of the tax applicable to the transaction. <br />The Director of Finance may make an assessment against either the vendor <br />or transient guest, as the facts may require, based upon any information <br />in his possession. <br />An assessment against a vendor in cases where the tax imposed <br />or pursuant to this chapter has not been collected or paid, shall not <br />discharge the transient guest's liability to reimburse the vendor for the <br />tax applicable to such transaction. <br />In each case the Director of_ Finance shall give to the <br />vendor or transient guest an assessed written notice of the assessment. <br />The notice may be served upon the vendor or transient guest assessed <br />personally or by registered or certified mail. An assessment issued <br />against either, pursuant to the provisions of this chapter shall not <br />be considered an election of remedies, nor a bar to an assessment against <br />the other .for the tax applicable to the same transaction, provided that <br />no assessment shall be issued against any vendor or transient guest <br />for the tax due on a particular transaction if the tax has actually <br />been paid by another. <br />The Director of Finance may make an assessment against any <br />vendox who fails to file a return required by this chapter or fails to <br />remit the proper amount of tax in accordance with this chapter. When <br />information in the possession of the Director of Finance indicates that <br />the amount required to be collected is, or should be, greater than the <br />amount remitted by the vendor, the Director of Finance may upon the <br />basis of test checks of a vendor's business ~ r a representative period <br />which are hereby authorized, determine the ratio which the tax required <br />to be collected under this chapter bears to the hotel's lodgings which <br />determination shall be the basis of an assessment as herein provided <br />in this chapter. Notice of_ such assessment shall be made in the manner <br />prescribed in this chapter. <br />t , .. ..;~~~ , ~.,.,. __ <br />
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