§ 37.23 TAX RETURN; PAYMENT OF TAX.
   (A)   Except as provided hereinafter in this chapter, on or before the last day of each calendar month, every person engaged in the business of renting, leasing or letting rooms in a hotel during the preceding calendar month, shall file a return with the city, stating:
      (1)   The name of the operator.
      (2)   His or her residence address and the address of his or her principal place of business and the address of the principal place of business (if that is a different address) from which he or she engages in the business of renting, leasing or letting rooms in a hotel in this city·
      (3)   Total amount of rental receipts received by him or her during the preceding calendar month from renting, leasing or letting rooms during such preceding calendar month.
      (4)   Total amount of rental receipts received by him or her during the preceding calendar month from renting, leasing or letting rooms to permanent residents during such preceding calendar month.
      (5)   Total amount of other exclusions from gross rental receipts allowed by this chapter.
      (6)   Gross rental receipts which were received by him or her during the preceding calendar month and upon the basis of which the tax is imposed.
      (7)   The amount of tax due.
      (8)   The amount of penalty due, if any.
      (9)   Such other reasonable information as the city may require.
   (B)   If the operator's average monthly tax liability to the city does not exceed $500, the city may authorize its returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year; and with the return for October, November and December of a given year being due by January 31 of the following year.
   (C)   If the operator’s average monthly tax-liability to the city does not exceed $20, the city may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this chapter concerning the time within which an operator may file his or her return, in the case of any operator who ceases to engage in a kind of business which makes him responsible for filing returns under this chapter, such operator shall file a final return under this chapter with the city not more than one month after discontinuing such business. Where the same person has more than one business registered with the city under separate registrations under this chapter, such person shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In his return, the operator shall determine the value of any consideration other than money received by him in connection with the renting, leasing or letting of rooms in the course of his business and he shall include such value in his return. Such determination shall be subject to review and revision by the city in the manner hereinafter provided for the correction of returns. Where the operator is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer, or by the properly accredited agent of such corporation. The person filing the return herein provided for shall, at the time of filing such return, pay to the city the amount of tax herein imposed. The city may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the city on a form prescribed by the city, within not less than 60 days after receipt of the notice, an annual information return for the tax year specified in the notice. Such annual return to the city shall include a statement of gross receipts as shown by the operator's last state income tax return. If the total receipts of the business as reported in the state income tax return do not agree with the gross receipts reported to the city for the same period, the operator shall attach to his annual information return a schedule showing a reconciliation of the two amounts and the reason for the difference. The operator's annual information return to the city shall also disclose payroll information of the operator's business during the year covered by such return, and any additional reasonable information which the city deems would be helpful in determining the accuracy of the monthly, quarterly, or annual tax return by such operator as hereinabove provided for in this section.
   (D)   If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this chapter during the period to be covered by the annual return for each month, or fraction of a month, until such return is filed as required; the penalty to be assessed and collected in the same manner as any other penalty provided for in this chapter.
   (E)   The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the city shall include a warning that the person signing the return may be liable for perjury.
(Ord. 478, passed 4-16-90; Am. Ord. 883, passed 1-13-20)