(a) Secrecy of Returns. Except when required in an official investigation into the amount of tax due the City or in any proceeding before a court of competent jurisdiction to collect or ascertain the amount of such tax, and except as provided in subsections (b) and (c) hereof no officer or employee of the City shall divulge or make known in any manner the tax return, or any part thereof, of any individual, firm or corporation, or disclose information concerning the personal affairs of any individual or the business of any single firm or corporation, or disclose the amount of income or any particulars set forth or disclosed in any report, declaration or return required to be filed with the City.
Any officer, employee or agent of the City or any former officer, employee or agent of the City who makes unauthorized disclosure of information received from the State Tax Commissioner pursuant to a reciprocal exchange agreement between this City and the State Tax Commissioner, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than thirty days, or both fined and imprisoned.
For the purposes of this section, "unauthorized disclosure" means the release to any person of any tax information obtained by the City from the State Tax Commissioner, unless:
(1) The person receiving the information is the authorized counsel of the State or the City and shall be using the information only for the purpose of administering Business or Occupation Tax, Liquor Sales Tax or Sales Tax or both from a single location business, or
(2) The person who filed the return has authorized, in writing, its release, thereby waiving his or her right to secrecy.
Any officer or employee of the City or former officer or former employee who violates this subsection, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than thirty days, or both fined and imprisoned.
Any person protected by the provisions of this article may, in writing, waive the secrecy provisions of this subsection for such purpose and such period as he shall therein state, and the City Treasurer, if he so determines, may thereupon release to designated recipients such taxpayer's return or other particulars filed under the provisions of the City's taxing regulations.
This subsection shall not be construed to prohibit the publication or release of statistics so classified as to prevent the identification of particular reports and the items thereof.
(b) Reciprocal Exchange. The City Treasurer may permit the proper officer of the United States, the State, the District of Columbia or any other state, or any political subdivision of the State, or his or her authorized representative, to inspect reports, declarations or returns filed with the City Treasurer or may furnish to such officer or representative a copy of any such document, provided such other jurisdiction grants substantially similar privileges to the City.
(c) Inspection of Business and Occupation Tax Returns by State Tax Commissioner. The City Treasurer shall, upon the written request of the State Tax Commissioner or his designated agent, allow such Commissioner or his duly authorized agent to inspect and make copies of the City Business and Occupation Tax returns filed by taxpayers of the City, for the purpose of securing information for State tax purposes, provided the State allows the City Treasurer the right to inspect or make copies of the State Business and Occupation Tax returns of such taxpayer.
(Ord. 1797. Passed 11-19-92.)