(A) (1) Every seller shall, on or before the fifteenth day of the month following the end of each calendar quarter (in the months of April, July, October and January) make a return to the City Manager on forms provided by the city, specifying the total sales subject to this subchapter and the amount of tax collected under this subchapter. The seller may request or the City Manager may establish shorter reporting periods for any seller if the seller or the City Manager deems it necessary in order to ensure collection of the tax and the City Manager may require further information in the return relevant to payment of the tax. A return shall not be considered filed until it is actually received by the City Manager.
(2) The quarters are:
(a) First quarter: January, February, March;
(b) Second quarter: April, May, June;
(c) Third quarter: July, August, September; and
(d) Fourth quarter: October, November, December.
(B) At the time the return is filed, the full amount of the tax collected shall be remitted to the City Manager. Payments received by the City Manager for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions that are not prejudicial to the interest of the city. A condition considered prejudicial is the imminent expiration of the statute of limitations for a period or periods.
(C) Non-designated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. If the City Manager, in her or his sole discretion, determines that an alternative order of payment application would be in the best interest of the city in a particular tax or factual situation, the City Manager may order such a change. The City Manager may establish shorter reporting periods for any seller if the City Manager deems it necessary in order to ensure collection of the tax. The City Manager also may require additional information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by sellers pursuant to this subchapter shall be held in trust for the account of the city until payment is made to the City Manager. A separate trust bank account is not required in order to comply with this provision.
(D) For good cause, the City Manager may extend the time for filing a return or paying the tax for not more than one month. Further extension may be granted only by the City Council. A seller to whom an extension is granted shall pay interest at the rate of 1% per month on the amount of tax due, without proration for a fraction of a month. If a return is not filed and if the tax and interest due are not paid by the end of the extension granted, the interest shall become a part of the tax for computation of penalties prescribed in § 34.176.
(E) Every seller required to remit the tax imposed in this subchapter shall be entitled to retain 5% of all taxes due to defray the costs of bookkeeping and remittance.
(F) Every seller must keep and preserve in an accounting format established by the City Manager records of all sales made by the dispensary and such other books or accounts as may be required by the City Manager. Every seller must keep and preserve for a period of three years all such books, invoices and other records. The City Manager shall have the right to inspect all such records at all reasonable times.
(Ord. 1310, passed 8-1-2006)