§ 196.12  Transfer or Termination
   (a)   Notice of Transfer Required.
      (1)   Any operator who transfers fifty percent (50%) or more ownership of its parking service, or any substantial part of the operations or assets of such parking service, must file a notice of transfer with the Commissioner at least forty-five (45) days prior to the date of such transfer, setting forth the legal name and address of the transferor-operator, legal name and address of the transferee, date of transfer, description of the parking service or assets being transferred, the amount of the transfer price, and any such other information as the Commissioner may require.
      (2)   Within thirty (30) days of receipt of the transfer notice required in division (a)(1), the Commissioner will issue a statement of account as provided in division (e) to both the transferor and transferee. The transferee shall withhold the amount due from the transfer price and remit the same to the Commissioner.
         A.   If the transferee fails to withhold and remit the amount shown on the statement of account, such transferee shall be jointly and severally liable for all amounts indicated on the statement of account up to the fair market value of the consideration transferred, or the transfer price, whichever is greater.
         B.   Any amount due pursuant to division (a)(2)A. of this section shall constitute a lien on the property being transferred.
         C.   The transferee shall be relieved of any duty to withhold from the transfer price and shall have no transfer-liability for taxes, interest, or penalties due hereunder from the transferor if the Commissioner fails to issue a statement of account within thirty (30) days of receipt of the notice of transfer.
         D.   Nothing in this section shall be construed to relieve the transferor of its liability for taxes, interest, and penalties except that any payments received from the transferee as provided herein shall reduce such liability payable to the Commissioner.
      (3)   Within twenty (20) days from the transfer date, the transferor shall file a remittance return and pay any tax due in accordance with division (f).
   (b)   Notice of Termination Required.
      (1)   Any operator who intends to cease operating a parking service within the City or dispose of a majority of the assets of such parking service, must file a notice of such termination with the Commissioner at least forty-five (45) days prior to the date of termination, setting forth the legal name and address of the operator, a description of the operations being terminated, the date of termination, and such other information as the Commissioner may require.
      (2)   Within twenty (20) days from the termination date, the operator shall file a remittance return and pay any tax due in accordance with division (f).
   (c)   Notice of Change of Facility Owner Required.
      (1)   Any transferee of property used as a parking facility shall file a notice of change with the Commissioner at least forty-five (45) days prior to the date of such transfer, setting forth the legal name and address of the transferor, legal name and address of the transferee, date of transfer, description of the real property, and any such other information as the Commissioner may require.
      (2)   Within thirty (30) days of receipt of the transfer notice required in division (c)(1) of this section, the Commissioner will issue a statement of account as provided in division (e) to both the transferor and transferee. The transferee shall be required to withhold the amount due from the transfer price and remit the same to the Commissioner.
         A.   If the transferee fails to withhold and remit the amount shown on the statement of account, such transferee shall be jointly and severally liable for all amounts indicated on the statement of account up to the fair market value of the property transferred, or the transfer price, whichever is greater.
         B.   Any amount due pursuant to division (c)(2)A. of this section shall constitute a lien on the property being transferred.
         C.   The transferee shall be relieved of any duty to withhold from the transfer price and shall have no transfer-liability for taxes, interest, or penalties due hereunder from the transferor if the Commissioner fails to issue a statement of account within thirty (30) days of receipt of the notice of change.
         D.   Nothing in this section shall be construed to relieve the transferor of its liability for taxes, interest, and penalties except that any payments received from the transferee as provided herein shall reduce such liability payable to the Commissioner.
   (d)   Notice of Change of Fiscal Officer. Any person serving as a fiscal officer of an operator may, upon termination of its services to such operator, file a notice of change with the Commissioner. Such notice shall serve to limit any personal liability that may be imposed under this chapter for reporting periods beginning after the effective date of the notice.
   (e)   Statement of Account. When required by this chapter or upon any other proper request, the Commissioner shall issue a statement of account for a requested operator which shall include all taxes, interest, and penalties due as of the close of the previous deadline for remittance as prescribed by division (a) of Section 196.14.
   (f)   Final Reporting Period. A final reporting period shall be any partial reporting period resulting from the transfer or termination of a parking service. Such period shall begin the day following the close of the last reporting period and shall close on the date of transfer or termination, inclusive. The remittance return for a final reporting period shall be due by the twentieth day following the close of such period and be in a form as any other remittance return to be filed, except that it shall indicate “Final Report Period” across the top of the first page.
(Ord. No. 878-09. Passed 7-1-09, eff. 7-8-09)