(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 chapter, or file or cause to be filed any incomplete, false or fraudulent return, report or statement, or aid or abet another in the filing of any false or fraudulent return, report or statement.
(b) If any vendor required to file monthly returns under this chapter fails, on two months within a twelve-month period, to file such returns when due or to pay the tax thereon, the Tax Administrator may require such 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 Tax Administrator from a review of returns or other information pertaining to such vendor, which amount shall in no event be less than one thousand dollars ($1,000). The security may be in the form of an advance tax payment to be applied to pay the tax due on subsequent returns, or a corporate surety bond, satisfactory to the Tax Administrator conditioned upon payment of the tax due with the returns from the vendor. The security must be filed within ten days following the vendor's receipt of the notice from the Tax Administrator of its requirements.
A corporate surety bond filed under this section shall be returned to the vendor if, for a period of twenty-four (24) 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 chapter.
(Ord. 2002-25. Passed 4-2-02.)