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Each and every seller shall keep and maintain complete records showing all purchases of public utility service within the corporate limits of the Municipality, which records shall show the charge made against each purchaser, the dates such public utility service was furnished, the date of payment therefor and the amount of tax imposed hereunder, and such records shall be kept open for inspection by the duly authorized agents of the Municipality at reasonable times, and the duly authorized agents of the Municipality shall have the right, power and authority to make at the expense of the Municipality such transcripts thereof during such times as they may desire.
(1968 Code §24-35)
The tax hereby imposed and levied shall not apply to the following transactions, which transactions are hereby exempted from such tax:
(a) Purchases of public utility service by a public utility for resale.
(b) Purchases of public utility service by the United States of America, the State and the political subdivisions, municipalities, boards, commissions, authorities and public corporations thereof.
(c) Purchases of tangible personal property such as appliances or the like, as distinguished from the public service supplies.
(d) Charges for telephone services which are paid by the insertion of coins into coin-operated telephones, and specific charges or tolls for telephone calls to points outside the corporate limits of the Municipality
(e) Nonrecurring or one-time charges incidental to the furnishing of public utility services.
(1968 Code §24-36)
There shall be no liability upon the seller for erroneously collecting the tax hereby imposed and levied or for erroneously failing to bill for such tax as a result of a good faith mistake on the part of the seller. When any purchaser contends that such tax is not owed by such purchaser on the ground that the public utility service was not purchased, used or consumed within the corporate limits of the Municipality, the seller shall refer the question to the official of the Municipality charged with the responsibility of collecting taxes due to the Municipality and such seller shall thereafter collect or refrain from collecting such tax from such purchaser for such public utility service as instructed in writing to do by such officials of the Municipality, Any and all claims for refunds of any such tax shall be presented to the Municipality and not to the seller.
The official of the Municipality charged with the responsibility of collecting taxes due the Municipality shall have the authority to promulgate and enforce reasonable rules and regulations necessary for the administration and enforcement of this article.
(1968 Code §24-37)
(a) Any amount of tax due and unpaid under this article shall be a debt due the Municipality. It shall be a personal obligation of the purchaser and shall be a lien upon all of the property of the purchaser. The lien shall have priority over all other liens and obligations except those due the State and the United States of America. Any such lien shall attach when the obligation to pay such tax accrues. The lien shall be enforceable by the Municipality as any other lien against the property of a debtor.
(b) Whoever willfully fails or refuses to pay the tax hereby imposed and levied and whoever violates any provision hereof or any lawful rule and regulation promulgated hereunder shall be fined not more than one hundred dollars ($100.00). The failure or refusal to pay the tax for public utility service purchased, used or consumed during different periodic statement periods shall constitute a separate and distinct offense.
(1968 Code §24-38)
The tax hereby imposed and levied shall not be effective until the Municipality gives sixty days written notice by certified mail of the effective date of this article to any public utility doing business within the Municipality which is required to collect the tax imposed and levied hereby.
(1968 Code §24-39)