(A) Purpose. The purpose of this section is to provide additional revenue for the municipality, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality, by the state, by SDCL § 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.
(B) Effective date and enactment of tax. From and after January 1, 2006, there is hereby imposed as a municipal retail occupational sales and services tax upon the privilege of engaging in business a tax measured by 2% on the gross receipts of all persons engaged in business within the jurisdiction of the municipality, who are subject to the State Retail Occupation Sales and Service Tax, SDCL § 10-45, and acts amendatory thereto.
(C) Use tax. In addition, there is hereby imposed an excise tax on the privilege of use, storage, and consumption with the jurisdiction of the municipality of tangible personal property or service purchased from and after January 1, 2006, at the same rate as the municipal sales and service tax upon all transactions or use, storage, and consumption which are subject to the State Use Tax Act, SDCL § 10-46, and acts amendatory thereto.
(D) Collection. Such tax is levied pursuant to authorization granted by SDCL § 10-52, and acts amendatory thereto, and shall be collected by the State Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax, and under such additional rules and regulations as the Secretary of Revenue and Regulation of the state shall lawfully prescribe.
(E) Interpretation. It is declared to be the intention of this section and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the State Retail Occupational Sales and Service Act, SDCL § 10-45, and acts amendatory thereto, and the State Use Tax, SDCL § 10-46, and acts amendatory thereto, and that this shall be considered to be a similar tax except for the rate thereof to that tax.
(F) Violation. Any person failing or refusing to make reports or payments prescribed by this section and the rules and regulations relating to the ascertainment and collection of the tax levied, shall be guilty of a violation of this section. In addition, all such collections remedies authorized by SDCL § 10-45, and acts amendatory thereto, and SDCL § 10-46, and acts amendatory thereto, are hereby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.
(Prior Code, § 35.15)