(a) Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Superintendent of Taxation, make a return to the Superintendent of Taxation, on forms obtainable from him or her of the total rents charged and received and the amount of tax collected from transient guests. All claims for exemption from tax filed by transient guests with the operator during the reporting period shall be filed with the report. At the time the return is filed, the full amount of the tax collected shall be remitted to the Superintendent of Taxation. The Superintendent of Taxation may establish shorter reporting periods for any certificate holder if he or she deems it necessary in order to insure collection of the tax, and he or she may require further information in the return if such information is pertinent to the collection of the tax. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the Superintendent of Taxation. Such operator shall be liable for the payment of the tax required to be collected, whether or not such tax has in fact been collected.
(b) 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.
(c) If any operator required to file quarterly returns under this chapter fails, on two consecutive quarters within a 12-month period, to file such returns when due or to pay the tax thereon, or if any operator authorized by the Superintendent of Taxation to file returns at less frequent intervals fails, on two or more occasions within a 24 month period, to file such returns when due or to pay the tax due thereon, the Superintendent of Taxation may require such operator to furnish security in any amount equal to the average tax liability of the operator for a period of one year, as determined by the Superintendent of Taxation from a review of returns or other information pertaining to such operator, which amount shall in no event be less than one hundred dollars ($100.00). Such 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 Superintendent of Taxation conditioned upon payment of the tax due with the returns from the operator. Such security must be filed within ten days following the operator’s receipt of the notice from the Superintendent of Taxation of its requirements. A corporate surety bond filed under this section shall be returned to the operator if, for a period of 12 consecutive months following the date the bond was filed, the operator has filed all returns and remitted payment therewith within the time prescribed in this chapter.
(d) If any operator required to file returns and to remit tax due to the City under the provisions of this chapter fails for any reason to make such filing or payment, any of its officers or employees having control or supervision of or charged with the responsibility of filing returns and making payments, shall be personally liable for such failure. The dissolution of a corporation shall not discharge an officer’s or employee’s liability for a prior failure of the corporation to file returns or remit tax due. The sum due for such liability may be collected by assessment in the manner provided in this chapter.
(Ord. O91-63, passed 7-16-1991)