(A) For the purpose of funding the operation of the city Tourism and Convention Commission so as to finance the cost of acquisition, construction operation and maintenance of facilities useful in the attraction and promotion of tourist and convention business, there is hereby imposed and levied a special tax of 3% of the gross retail sales of restaurants doing business within the city.
(B) On and after July 1, 2011, every person, company, corporation or other like or similar persons, groups or organizations doing business as restaurants which dispenses prepared food products located in the city shall pay monthly to the City Treasurer a tax of 3% of the gross retail sales, which is defined to mean gross sales excluding state sales tax, collected by them during the preceding month. Such tax shall be due and payable to the city 30 days after the last day of each month, together with a completed return on a form furnished or obtained from the City Clerk, setting forth an aggregate amount of gross sales charged, and collected during the period to which the tax applies, together with such other pertinent information as the city may require. Restaurants will begin collecting the tax on July 1, 2011 and make the first payment before August 31, 2011.
(C) As used in this section, RESTAURANT means any fixed or mobile commercial establishment that engages in the preparation and serving or dispensing of ready-to-eat foods in portions to the customer, including, but not Limited to: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, grilles, tea rooms, sandwich shops, soda fountains, roadside stands, street vendors, catering kitchens, delicatessens or similar places in which food is prepared for sale for consumption on the premises or elsewhere. It does not include schools, food vending machines, establishments serving beverages only in single service or original containers.
(D) Temporary food stands, booths, street concessions and similar type operations, whether operated by non-profit corporations or not, when food is prepared and sold for immediate consumption, are not exempt from this tax.
(E) The tax imposed herein shall be in addition to all other general taxes including the net profits tax and business permit fees payable to the city.
(F) It shall be the responsibility of the taxpayer to maintain books, records, and papers in support of all amounts reported on the quarterly tax return herein mandated. The city will be permitted to examine the books, records and papers of the taxpayer upon notification in writing to the taxpayer.
(G) The funds collected from the tax herein imposed shall be turned over to the city Tourism and Convention Commission and used solely for the purpose of promoting convention and tourist activity in the city as set out in KRS 91A.390 and shall be maintained in an account separate and unique from all other funds and revenues collected, and shall be considered tax revenue for the purposes of KRS 68.100 and KRS 92.330. The management of the funds shall be subject to the requirements of the Ordinance establishing the city Tourism and Convention Commission.
(H) There shall be no issuance of revenue bonds or the borrowing of money beyond the fiscal year without the express approval of the City Council.
(Ord. 2011-04, passed 6-6-11; Am. Ord. 2012-01, passed 2-20-12; Am. Ord. 2017-02, passed 2-6-17; Am. Ord. 2017-08, passed 6-27-17) Penalty, see § 40.99