(A) Purpose. The purpose of this section is to provide additional needed revenue for the municipality, by imposing a municipal gross receipts tax pursuant to the powers granted to the municipality by the state, by SDCL Chapter 10-52A and acts amendatory thereto.
(B) Effective date and enactment of tax. From and after the first day of January 2004, there is hereby imposed a municipal gross receipts tax of 1% upon the gross receipts from the sale of leases or rentals of hotel, motel, campsites or other lodging accommodations within the municipality for periods of less than 28 consecutive days; the sale 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 and cultural events. The tax applies to 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) Collection. Such tax is levied pursuant to authorization granted by SDCL Chapter 10-52A 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 shall lawfully prescribe.
(D) 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 that this shall be considered a similar tax except for the rate thereof to that tax.
(E) Use of revenue. Any revenues received under this section may be used only for the purpose of land acquisition; architectural fees; construction costs; payment for civic center, auditoriums or athletic facility buildings; eluding the maintenance, staffing and operations of such facilities; and the promotion and advertising of the municipality, its facilities, attractions and activities.
(Ord. 210, passed 6-23-2003) Penalty, see § 33.99