(A) The Code Enforcement Officer shall be notified quarterly of those businesses who have refused to make a return or to purchase a license, or to pay any fee or tax required by this chapter. Upon receipt of this information, the Code Enforcement Officer may proceed with any enforcement option set forth herein.
(B) (1) A business entity subject to tax on net receipts may be subject to a penalty equal to five percent (5%) of the tax due for each calendar month or fraction thereof if the business entity:
(a) Fails to file any return or report on or before the due date prescribed for filing or as extended by the city; or
(b) Fails to pay the tax computed on the return or report on or before the due date prescribed for payment.
(2) The total penalty levied pursuant to this section shall not exceed twenty-five percent (25%) of the total tax due; however, the penalty shall not be less than twenty-five dollars ($25).
(C) Every employer who fails to file a return or pay the tax on or before the time prescribed under § 112.05 of this chapter may be subject to a penalty in an amount equal to five percent (5%) of the tax due for each calendar month or fraction thereof. The total penalty levied pursuant to this section shall not exceed twenty-five percent (25%) of the total tax due; however, the penalty shall not be less than twenty-five dollars ($25).
(D) In addition to the penalties prescribed in this section, any business entity or employer shall pay as part of the tax an amount equal to twelve percent (12%) per annum simple interest on the tax shown due but unpaid, from the time the tax was due until the tax is paid to the city. A fraction of a month is counted as an entire month.
(E) Every tax imposed by this chapter, and all increases, interest, and penalties thereon, shall become, from the time the tax is due and payable, a personal debt of the taxpayer to the city.
(F) The city may enforce the collection of the occupational tax due under § 112.03
any fees, penalties, and interest as provided in divisions (A), (B), (C), and (D) of this section by civil action in a court of appropriate jurisdiction. To the extent authorized by law, the city shall be entitled to recover all court costs and reasonable attorney fees incurred by it in enforcing any provision of this chapter or through the Code Enforcement Board. Should the city choose to enforce said violation through its Code Enforcement Board, it shall do so according to the procedures set forth in the City of Morehead Code Enforcement Board Ordinance by the Code Enforcement Board, Code Enforcement Officers, and other person duly authorized to investigate and enforce violations through investigation, inspection and issuance of citations.
(G) In addition to the penalties prescribed in this section, any individual or employee, business entity or employer who willfully fails to make a return or willfully makes a false return, or who willfully fails to pay taxes owing or collected with the intent to evade payment of the tax or amount collected, or any part thereof, shall be guilty of a Class A misdemeanor.
(H) Any person who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under or in connection with any matter arising under this ordinance of a return, affidavit, claim, or other document which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document, shall be guilty of a Class A misdemeanor.
(I) A return for the purpose of this section shall mean and include any return, declaration or form prescribed by the city and required to be filed with the city by the provisions of this chapter or by the rules of the city or by written request for information to the business entity by the city.
(J) Any person violating the provisions of § 112.11 of this chapter by intentionally inspecting confidential taxpayer information without authorization, shall be fined not more than five-hundred dollars ($500) or imprisoned for not longer than six (6) months, or both.
(K) Any person violating the provisions of § 112.11 of this chapter by divulging confidential taxpayer information shall be fined not more than one-thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both.
(Ord. 38:2007, passed 12-10-07; Am. Ord. 10:2008, passed 4-14-08; Am. Ord. 11:2011, passed 4-11-11; Am. Ord. 11:2016, passed 6-13-16; Am. Ord. 03:2019, passed 2-11-19)