(a) In addition to the penalties provided in Section 197.99, any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty equal to ten percent ( 10%) of the amount of the tax, in addition to the tax. For each additional thirty-day period or portion thereof during which either the tax or penalty remains unpaid, the operator shall be assessed interest on the unpaid balance at the greater of:
(1) One and one-half percent (1.5% ), or
(2) One-twelfth (1/12th) of the then-prevailing Federal Reserve inter-bank rate.
(b) If any operator shall fail to collect said tax, or to make any report and remittance of said tax or any portion thereof, the Finance Director shall proceed to obtain information on which to base an estimate of the tax due. As soon as the Finance Director procures such information, the Finance Director shall determine and assess against such operator the tax and penalties provided for in this chapter. The Finance Director shall give written notice of the amount to the operator at his or her last known place of business. Such operator may make an application for a hearing on the amount assessed within fourteen business days after the notice was sent.
(c) If application by the operator for a hearing is not made within the time prescribed, the tax and penalties determined by the Finance Director shall become final and conclusive and immediately due. If such application is made, the Finance Director shall respond within fifteen (15) days with a hearing date before the Finance Director, which hearing shall be scheduled not more than forty-five (45) days after the application for hearing is received by the Finance Director. At the hearing the operator shall offer evidence as to why said assessed amount is incorrect or should not be charged or collected. After such hearing the Finance Director shall determine the proper tax to be remitted, and shall give written notice to the operator within thirty (30) days of the conclusion of the hearing of the amount of such tax and penalties, if any. The amount determined shall be due within fifteen (15) days of the written notice.
(Ord. 2017-18. Passed 3-20-17.)