(a) Original delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty equal to ten percent (10%) of the amount of the tax, in addition to the tax.
(b) Continued delinquency. Any operator who fails, to remit any delinquent remittance on or before a period of thirty calendar days following the date on which the remittance first became delinquent shall pay a second delinquency penalty equal to ten per cent (10%) of the amount of the tax and previous penalty in addition to the tax and the ten percent (10%) penalty first imposed. An additional penalty equal to ten percent (10%) of the total tax and penalty of the previous thirty day period shall be added for each successive thirty day period that the operator remains delinquent.
(c) Fraud. If the Commissioner determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty equal to twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) hereof.
(d) Interest. In addition to the previous penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent (1/2%) per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
(e) Penalties during pendency of hearing or appeal. No penalty provided under the terms of this chapter shall be imposed during the pendency of any hearing provided for herein, nor during the pendency of any appeal to the Finance Director provided for herein.
(f) Date established. The earlier date of the postmark on the envelope used to mail the payments or the date actually received by the Commissioner shall be determinative as to the assessment of penalties and interest.
(Ord. 757-81. Passed 12-22-81.)