(A) No person, including any officer of a corporation or employee of a corporation having control or supervision of or charged with the responsibility of filing returns, shall fail to file any return or report required to be filed by this subchapter or file or cause to be filed any incomplete, false, or fraudulent return, report, or statement.
(B) If any vendor required to file monthly returns under this subchapter fails, on two consecutive months or on three or more months within a 12-month period, to file the returns when due or to pay the tax thereon, or if any other vendor authorized by the Finance Director to file returns at less frequent intervals fails, on two or more occasions within a 24-month period, to file the returns when due or to pay the tax due thereon, the Finance Director may require the vendor to furnish security in an amount equal to the average tax liability of the vendor for a period of one year, as determined by the Finance Director from a review of returns or other information pertaining to the vendor, which amount shall in no event be less than $1,000. The security may be in the form of a payment to be applied to pay the tax due on subsequent returns, or a corporate surety bond, satisfactory to the Finance Director, conditioned upon payment of the tax due with the returns from the vendor. The security shall be filed within ten days following the vendor’s receipt of the notice from the Finance Director of its requirements.
(C) A corporate surety bond filed under this section shall be returned to the vendor if, for a period of 12 consecutive months following the date the bond was filed, the vendor has filed all returns and remitted payment therewith within the time prescribed in this subchapter.
(Ord. 21-95, passed 8-21-1995)