(A) Any person convicted of a violation of this chapter shall be punished as provided in § 10.99 of this code.
(B) It is a violation of §§ 33.01 through 33.14 for any person subject to the tax levied by §§ 33.01 through 33.14 to refuse to make any return provided to be made; to make any false or fraudulent return or any false statements in any return; to fail or refuse to make payment to the Town Manager of any taxes due the town; or in any manner to evade the payment of the tax, or any part thereof imposed by §§ 33.01 through 33.14; or for any person to aid or abet another in any attempt to evade the payment of the tax imposed by §§ 33.01 through 33.14. Any person convicted of a violation of §§ 33.01 through 33.14 shall be punished by a fine of not more than $2,650 (as adjusted for inflation from time to time, pursuant to C.R.S. § 13-10-113). Each day a violation exists shall be considered a separate punishable violation.
(C) (1) Any person convicted of a violation of §§ 33.25 through 33.40 shall be punished by a fine of not more than $2,650 (as adjusted for inflation from time to time, pursuant to C.R.S. § 13-10-113). Each day, or portion thereof, that any violation of §§ 33.25 through 33.40 continues shall constitute a separate offense.
(2) A penalty in the amount of 10% of the tax due or the sum of $10, whichever is greater, shall be imposed upon the vendor and become due in the event the tax is not remitted by the tenth day of the month as required by §§ 33.25 through 33.40, or such other date as prescribed in writing by the Town Clerk, and 1.5% interest shall accrue each month on the unpaid balance. The Town Clerk is hereby authorized to waive for good cause shown any penalty assessed.
(3) Any part of a deficiency is due to negligence or intentional disregard of the provisions of §§ 33.25 through 33.40 or rules and regulations concerning the same, but without intent to defraud, then there shall be added 10% of the total amount of the deficiency. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added 50% of total amount of the deficiency. The penalty under this division (C)(3) shall be in addition to the penalty under division (C)(2) above, and, in all cases, the whole amount of the unpaid tax, together with all penalties and interest, shall become due and payable ten days after written notice and demand by the Town Clerk.
(4) If any vendor fails to make a return and pay the tax imposed by §§ 33.25 through 33.40, the town may make an estimate, based upon available information of the amount of tax due and add the penalties and interest provided above. The town shall mail notice of such estimate, by certified mail, to the vendor at his or her address as indicated in the town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within the ten-day period such delinquent taxpayer may petition the Town Clerk for a modification of such assessment and shall, within such ten-day period, furnish the Town Clerk the documents, facts and figures showing the correct amount of the taxes due and owing.
(5) Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally, and shall be given by the taxpayer under penalty or perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of §§ 33.25 through 33.40. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed under the Rule 106(a)(4) of the Colorado Rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk of its intention to seek review within ten days after receipt of the final order of assessment.
(Ord. 09-2017, passed 7-26-2017; Ord. 10-2017, passed 7-26-2017; Ord. 02-2019, passed 3-27-2019)