(A) Purpose. The purpose of this section is to provide additional needed 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 Chapter 10-52, entitled “Uniform Municipal Non-Ad Valorem Tax Law”; and acts amendatory thereto.
(B) Effective date and enactment of tax. From and after the first day of January 1, 2004, there is hereby imposed as a municipal retail occupational sales and service 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 South Dakota Retail Occupational Sales and Service Tax, SDCL Chapter 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 within the jurisdiction of the municipality of tangible personal property or services purchased from and after the first of January 2004, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption, which are subject to the South Dakota Use Tax Act, SDCL Chapter 10-46 and acts amendatory thereto.
(D) Collection. Such tax is levied pursuant to authorization granted by SDCL Chapter 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 State Secretary of Revenue and Regulation 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 South Dakota Retail Occupational Sales and Service Act, SDCL Chapter 10-45 and acts amendatory thereto and the state use tax.
(Ord. 209, passed 6-23-2003; Ord. 224, passed 8-8-2005) Penalty, see § 33.99