3-1-309: DETERMINATION OF TAX UPON NONCOMPLIANCE:
If any operator fails or refuses to collect the tax imposed by this article, or to make within the time provided herein, any report or remittance of such tax, or any portion thereof, the director of finance administration shall proceed to obtain facts and information on which to base an estimate of the tax due. The director of finance administration shall then proceed to determine and assess against such operator the tax, interest, and penalties provided for by the provisions of this article. The director of finance administration shall then notify the operator of the amount so assessed in writing by personal service or in accordance with title 1, chapter 5, article 1 of this code. Within ten (10) days after the service or mailing of such notice, the operator may file an application with the director of finance administration for a hearing and reconsideration of the amount assessed. If an application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, as determined by the director of finance administration shall become final and conclusive and immediately be due and payable. When a hearing is requested, the director of finance administration shall hold a hearing upon at least five (5) days' written notice of such hearing to the operator. The notice shall direct the operator to show cause, at the time and place fixed for the hearing, why the amount as determined by the director of finance administration should not be imposed. The operator shall be afforded the opportunity to testify and present evidence at the hearing relative to any tax, penalty, or interest imposed by the director of finance administration. Upon conclusion of the hearing, the director of finance administration shall reconsider the imposition of any tax, penalty, or interest based on the evidence presented at the hearing, and shall then impose the appropriate tax, penalty, and interest, and shall notify the operator of the amount due and reasons therefore in accordance with title 1, chapter 5, article 1 of this code. The amount determined by the director of finance administration shall be due and payable on the fifteenth day after mailing of notice to the operator, unless the decision of the director of finance administration is appealed to the city council pursuant to section 3-1-310 of this article. (1962 Code § 8-3)