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In this Chapter, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise:
(1) Dealer. Any person engaged in the business of selling sugar-sweetened beverage for retail sale within the City, including but not limited to restaurants; retail stores; street vendors; owners and operators of vending machines; and distributors who engage in retail sales.
(2) Distributor. Any person who supplies sugar-sweetened beverage to a dealer.
(3) Sugar-sweetened beverage.
(a) Any non-alcoholic beverage that lists as an ingredient:
(.1) any form of caloric sugar-based sweetener, including, but not limited to, sucrose, glucose or high fructose corn syrup; or
(.2) any form of artificial sugar substitute, including stevia, aspartame, sucralose, neotame, acesulfame potassium (Ace-K), saccharin, and advantame.
(b) Any non-alcoholic syrup or other concentrate that is intended to be used in the preparation of a beverage and that lists as an ingredient:
(.1) any form of caloric sugar-based sweetener, including, but not limited to, sucrose, glucose or high fructose corn syrup; or
(.2) any form of artificial sugar substitute, including stevia, aspartame, sucralose, neotame, acesulfame potassium (Ace-K), saccharin, and advantame.
(c) Notwithstanding subsections (a), (b), and (c), sugar-sweetened beverages shall not include:
(.1) Baby formula.
(.2) Any beverage that meets the statutory definition of "medical food" under the Orphan Drug Act, 21 U.S.C. § 360ee(b)(3), as amended.
(.3) Any product, more than fifty percent (50%) of which, by volume, is milk.
(.4) Any product more than fifty percent (50%) of which, by volume, is fresh fruit, vegetables or a combination of the two, added by someone other than the customer.
(.5) Unsweetened drinks to which a purchaser can add, or can request that a seller add, sugar, at the point of sale.
(.6) Any syrup or other concentrate that the customer himself or herself combines with other ingredients to create a beverage.
(d) Examples of sugar-sweetened beverages include, but are not limited to, soda; non- one hundred percent (100%) fruit drinks; sports drinks; flavored water; energy drinks; pre-sweetened coffee or tea; and non- alcoholic beverages intended to be mixed into an alcoholic drink.
(e) The Department is authorized to promulgate regulations to clarify the inclusion or exclusion of particular products; and to exclude particular products with respect to which, because of their ingredients or other administrative or health-related reasons, exclusion would be consistent with sound public policy and the purposes of this Ordinance.
(4) Supply. Sell, distribute, transfer, deliver or supply.
(1) No dealer may sell at retail, or hold out or display for sale at retail, any sugar-sweetened beverage acquired by the dealer on or after January 1, 2017, unless:
(a) The sugar-sweetened beverage was acquired by the dealer from a registered distributor; and
(b) The dealer has complied with the notification requirements of Section 19-4104; and received confirmation from the registered distributor of such notification, as well as confirmation that the distributor is a registered distributor, all in form prescribed by the Department.
(2) Upon application by any distributor in form prescribed by the Department, the Department shall issue a certificate of registration to a distributor, regardless whether the distributor does or does not do business in the City. Registration by a distributor shall not subject a distributor otherwise not liable for payment of business income and receipts tax to the payment of business income and receipts tax.
(1) Effective January 1, 2017, and thereafter, a tax is imposed upon each of the following: the supply of any sugar-sweetened beverage to a dealer; the acquisition of any sugar-sweetened beverage by a dealer; the delivery to a dealer in the City of any sugar-sweetened beverage; and the transport of any sugar-sweetened beverage into the City by a dealer. The tax is imposed only when the supply, acquisition, delivery or transport is for the purpose of the dealer's holding out for retail sale within the City the sugar-sweetened beverage or any beverage produced therefrom. The tax is to be paid as provided in Section 19-4105 (liability for payment of tax) and Section 19-4107 (waivers).
(2) The tax authorized by this Section shall be assessed at the following rates:
(a) For sugar-sweetened beverages under subsection 19-4101(3)(a), one and one-half cents ($0.015) per fluid ounce.
(b) For syrups and other concentrates under subsection 19-4101(3)(b), the rate per ounce of syrup or other concentrate that yields one and one-half cents ($0.015) per fluid ounce on the resulting beverage, prepared to the manufacturer's specifications. Upon a determination that the application of these rates to any particular product is unfair or unreasonable, the Department is authorized to issue regulations imposing the tax at an alternate rate on that particular product, to approximate as closely as possible the rate set forth in subsection (a).
(3) All bills or invoices created by or for a registered distributor in connection with the acquisition of sugar- sweetened beverages by a dealer from that registered distributor, shall separately indicate the total volume of beverages under subsection 19-4101(3)(a); and, with respect to syrups or other concentrates under subsection 19-4101(3)(b), the total volume of beverages that may be prepared from such syrups or other concentrates when prepared to manufacturer specifications.
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