A. Renewal Licenses; Financial Statements Required: In all cases where the amount of license tax to be paid is based upon gross receipts or is graduated according to some other sliding scale, the applicant for a renewal of a license shall submit to the Collector, for his guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement upon a form to be provided by the Collector, sworn to before the Collector, his deputy or by any person authorized to administer oaths, or certified under the penalties of perjury to be true and correct, setting forth such information concerning the applicant's business during the preceding period of license as may be required by the Collector to enable him to ascertain the amount of license tax to be paid by said applicant pursuant to the provisions of this Chapter, and such statement shall be used as the basis for determining the amount of license tax to be paid by the applicant for the renewal period.
Where the license to be paid under any section hereof is based upon gross receipts, only one such statement need be filed during any fiscal year (unless the Collector requires a corrected statement to be filed); which statement shall be filed at the time the first license is procured, as provided in Section 3-1-12B of this Chapter, and thereafter on or before January 31 of each year.
Any person who prefers to make no disclosure of his gross receipts may, at his option, pay the maximum license fee of one hundred dollars ($100.00), and thereafter, the Collector shall have no right to audit the records of such person and no statement shall be required. (1975 Code §5-1.12)
B. Audit of Statements: No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement, and each of the several items therein contained, shall be subject to audit and verification by the Collector, his deputy or authorized employees of the City, who are hereby authorized to examine and inspect among other records, sales tax reports and copies of State and Federal income tax records for such purpose.
All licensees, applicants for licenses and persons engaged in business in the City are hereby required to permit an examination of such records for the purposes aforesaid. (1975 Code §5-1.13)
C. Failure to File Statement: If any person fails to file any required statement within the time prescribed, or if after demand therefor is made by the Collector, he fails to file a corrected statement, the Collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain.
In case such a determination is made, the Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office in Lemoore, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within ten (10) days after the mailing or serving of such notice, make application in writing to the Collector for hearing on the amount of license tax. If such application is made, or if application is not made within the time prescribed, the Collector must cause the matter to be set for hearing within fifteen (15) days before the City Council. The Collector shall give at least ten (10) days' notice to such person of the time and place of hearing in the manner prescribed above for service of notice of assessment. The Council shall consider all evidence produced, and shall make a written record of its findings thereon, which findings shall be final and a copy thereof shall be served upon the applicant in the manner prescribed above for the service of notice of assessment. (1975 Code §5-5.14)