(A) A business entity subject to the fee on gross receipts may be subject to a penalty equal to 5% of the fee due for each calendar month or fraction thereof if the business entity:
(1) Fails to file any return or report on or before the due date prescribed for filing or as extended by the city; or
(2) Fails to pay the fee computed on the return or report on or before the due date prescribed for payment.
(3) The total penalty levied pursuant to this division shall not exceed 25% of the total fee due; however, the penalty shall not be less than $25.
(B) Every employer who fails to file a return or pay the fee on or before the time prescribed under § 110.10 may be subject to a penalty in an amount equal to 5% of the fee due each calendar month or fraction thereof. The total penalty levied pursuant to this division shall not exceed 25% of the total fee due; however, the penalty shall not be less than $25.
(C) In addition to the penalties prescribed in this section, any business entity or employer shall pay, as part of the fee, an amount equal to 12% per annum simple interest on the fee shown due, but not previously paid, from the time the fee was due until the fee is paid to the city. A fraction of a month shall be counted as an entire month.
(D) Every fee imposed by this chapter, and all increases, interest and penalties thereon, shall become, from the time the fee is due and payable, a personal debt of the taxpayer to the city.
(E) The city may enforce the collection of the occupational fee due under § 110.06 and any fees, penalties and interest as provided in divisions (A) through (D) above by civil action in a court of appropriate jurisdiction. To the extent authorized by law, the city shall be entitled to recover all court costs and reasonable attorney fees incurred enforcing any provision of this chapter.
(F) In addition to the penalties prescribed in this section, any business entity or employer who willfully fails to make a return or willfully makes a false return, or who willfully fails to pay fees owing or collected, with the intent to evade payment of the fee or amount collected, or any part thereof, shall be guilty of a Class A misdemeanor.
(G) Any person who willfully aids or assists in, or procures, counsels or advises the preparation or presentation under, or in connection with, any matter arising under this chapter of a return, affidavit, claim or other document, which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document, shall be guilty of a Class A misdemeanor.
(H) A return for the purpose of this section shall mean and include any return, declaration, or form prescribed by the city and required to be filed with the city by the provisions of this chapter or by the rules of the city or by written request for information to the business entity by the city.
(Ord. 2007-12-01, passed 12-19-07)