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SALES AND SERVICE TAX
§ 33.15 PURPOSE; EFFECTIVE DATE.
   (A)   Purpose. The purpose of this subchapter is to provide additional needed revenue for the city imposing a tax upon sales of leases or rentals of hotel, motel, campsites, or other lodging accommodations with the municipality for periods of 28 consecutive days or less (see SDCL § 10-52A-2); sales of alcoholic beverages, as defined in SDCL § 35-1-1; establishments where the public is invited to eat, dine, or purchase and carry-out prepared food for immediate consumption; and ticket sales or admissions to places of amusement, athletic, or cultural events.
(Prior Code, § 3.16.010)
   (B)   Effective date and enactment of tax. From and after May 1, 1988, there is imposed a Municipal Retail Occupational Sales and Service Tax upon the sales of leases or rental of hotels, motels, campsites, or other lodging accommodations within the municipality for periods of 28 consecutive days or less, SDCL § 10-52A-2; sales of alcoholic beverages, as defined in SDCL § 35-1-1; establishments where the public is invited to eat, dine, or purchase and carry-out prepared food for immediate consumption; and the ticket sales or admissions to places of amusement, athletic, or cultural events.
(Prior Code, § 3.16.020)
(Ord. 88-1, passed - -; Ord. 01-15, passed - -)
Statutory reference:
   Related provisions, see SDCL §§ 10-52A-2 and 35-1-1
§ 33.16 COLLECTION.
   Such tax is levied pursuant to authorization granted by SDCL § 10-52A and shall be collected by the State Department of Revenue.
(Prior Code, § 3.16.030) (Ord. 88-1, passed - -; Ord. 02-3, passed - -)
Statutory reference:
   Related provisions, see SDCL § 10-52A
§ 33.17 RATES.
   The rate of tax upon the sales of leases or rentals of hotels, motels, campsites, or other lodging accommodations within the municipality for periods of 28 consecutive days or less, SDCL § 10-52A-2; sales of alcoholic beverages, as defined in SDCL § 35-1-1; establishments where the public is invited to eat, dine, or purchase and carry-out prepared food for immediate consumption; and ticket sales or admissions to places of amusement, athletic, or cultural events is 3%.
(Prior Code, § 3.16.040) (Ord. 88-1, passed - -; Ord. 01-15, passed - -)
Statutory reference:
   Related provisions, see SDCL §§ 10-52A-2 and 35-1-1
§ 33.18 REVENUE; ALLOCATION.
   Any revenue received under this subchapter in excess of 2% may be used only for the purpose of land acquisition, architectural fees, construction costs, and payment for civic center, auditoriums, or athletic facility buildings including the maintenance, staffing, and operations of such facilities and the promotion and advertising of the city, its facilities, attractions, and activities.
(Prior Code, § 3.16.050) (Ord. 88-1, passed - -)
§ 33.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person failing or refusing to make reports on payments prescribed by §§ 33.01 through 33.04 and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and, upon conviction, shall be a fine not to exceed $200, or imprisonment not to exceed 30 days or both (SDCL § 9-19-3). In addition, all collection remedies authorized by SDCL Chapters 10-45 and 10-46, as amended are authorized for collection of these excise taxes by the Department of Revenue.
(Prior Code, § 3.14.080)
   (C)   Any person failing or refusing to make reports or payments prescribed by §§ 33.15 through 33.18 and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed $200, imprisonment not to exceed 30 days, or both (SDCL § 9-19-3). In addition, all such collection remedies authorized by SDCL Chapter 10-45 (and acts amendatory thereto) and SDCL Chapter 10-46 (and acts amendatory thereto) are authorized for collection of these taxes by the Department of Revenue.
(Prior Code, § 3.16.070)
(Ord. 88-1, passed - -; Ord. 01-15, passed - -; Ord. 05-14, passed - -)
Statutory references:
   Related provisions, see SDCL § 9-19-3 and Chapter 10-45 and 10-46