189.04 COLLECTION OF TAX.

   Every person receiving any payment on which a tax is levied under the chapter shall collect the amount of the tax imposed from the person making the admission payment. The tax required to be collected under this chapter shall be deemed to be held in trust by the person required to collect the same until paid to the Director of Finance as herein provided. No person required to collect the tax imposed under this chapter shall fail to collect the same or, having collected the same, fail to remit the same to the Director in the manner prescribed by this chapter, whether such failure is the result of his own act or the result of acts or conditions beyond his control. In the case of such failure the person shall nevertheless be personally liable to the City for the amount of such tax, in addition to that of the penalty provided in Section 189.99. The tax imposed hereunder shall be collected at the time the admission charged is paid by the person seeking admission to any place and shall be reported and remitted by the person receiving the tax to the Director in monthly installments and remittances therefor on or before the last day of the month next succeeding the end of the monthly period in which the tax is collected or received. Payment or remittance of the tax collected may be made by check, unless payment or remittance is otherwise required by the Director, but payment by check shall not relieve the person collecting the tax from liability for payment and remittance of the tax to the Director unless the check is honored and is in the full and correct amount. The person receiving any payment for admission shall make out a return upon such forms and setting forth such information as the Director may require, showing the amount of the tax upon admissions for which he is liable for the preceding monthly periods, and shall sign and transmit the same to the Director with a remittance for such amount, provided that the Director has the discretion to require verified annual returns from any person receiving admission payments setting forth such additional information as is deemed necessary to determine correctly the amount of tax collected and payable. Wherever any theater, circus, show, exhibition, entertainment or amusement makes an admission charge which is subject to the tax herein levied, and the same is of a temporary or transitional nature, of which the Director shall be the judge, the Director may require the report and remittance of the admissions tax immediately upon its collection, at the conclusion of the performance or exhibition, at the conclusion of the series of performances or exhibitions or at such other times as the Director determines. No person shall fail to comply with any requirement of the Director as to report and remittance of the tax as required. The books, records, and accounts of any person collecting the tax herein levied shall, as to admission charges, and tax collections, be at all reasonable times subject to examination and audit by the Director. If the tax imposed by this chapter is not paid when it is due there shall be added, as part of the tax, interest at the rate of ten percent (10%) per month from the time the tax became due until paid.

(Ord. 66-1998. Passed 12-10-98.)