All sums of money paid by any person purchasing a lift ticket from any vendor shall be and remain public money, the property of the town in the hands of such vendor, and such vendor shall hold the same in trust for the sole use and benefit of the town until paid to the Finance Director, and for failure to so pay to the Finance Director, such vendor shall be punished as provided herein:
(A) Make estimate on tax due and owing. If a vendor neglects or refuses to make a return in payment of the tax required by this chapter, the Finance Director shall estimate the amount of taxes due, based upon such information as may be available, for the period or periods which the vendor is delinquent; and upon the basis of such estimated amount compute and assess in addition thereto a penalty equal to 10% thereof, together with interest on such delinquent taxes at the rate of 1% per month from the date when due.
(B) Notice of tax due to vendor. Promptly thereafter the Finance Director shall give to the delinquent vendor notice of such estimated taxes, penalty, and interest.
(C) Estimate becomes assessment; petition for hearing. Such estimates shall thereupon become an assessment, and such assessment shall be final and due and payable from the vendor to the town 30 days from the date of the mailing of the notice by first class mail directed to the last known address of such person on file with the Finance Department. Within 30 days after the notice of deficiency is mailed, the vendor may petition the Finance Director for a hearing on a revision or modification of such assessment. The filing of a petition shall not toll the accrual of interest on the amount of taxes due.
(D) Petition form. Such petition shall be in writing, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the Director of Finance. The hearing shall take place in the office of the Director of Finance, and notice thereof, and the proceedings shall be in substantial conformity with C.R.S. § 24-4-105 except as modified by regulations issued by the Director of Finance.
(E) Final determination; possible review. Thereupon, the Director of Finance shall make a final determination and, if appropriate, modify such assessment in accordance with the facts submitted, which facts the Director of Finance deems correct. Such assessment, as modified, shall be considered a final order of assessment of the Director of Finance and may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure; provided, that the taxpayer has given written notice to the Town Manager of such intention to petition for review under Rule 106(a)(4) within ten calendar days after notice of the final order of assessment.
(Ord. 14(1992) § 1)