(a) Each operator shall, on or before the last day of the month following the close of each prior month, or at the close of any longer reporting period which may be established by the Director of Finance, make a return to the Director of Finance, on forms obtainable from him, of the total admissions charged and received and the amount of tax collected for the same. Claims for exemption from the tax shall be filed with the report. At the time the return is filed, the full amount of the tax collected shall be remitted to the Director of Finance. The Director of Finance may establish shorter reporting periods for any operator if he deems it necessary in order to insure collection of the tax, and he may require further information in the return if such information is pertinent to the collection of the tax. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the Director of Finance. All returns and payments submitted by each operator shall be treated as confidential by the Director of Finance, and shall not be released by him except on order of a court of competent jurisdiction or to an officer or agent of the United States, the State of Ohio, the County of Mahoning, or the City for official use only. The nonavailability or failure to obtain forms shall not relieve an operator from timely paying such tax.
(b) No person, including any officer of a corporation or employee of a corporation having control or supervision of or charged with the responsibility of filing returns, shall fail to file any return or report required to be filed by this chapter, or file or cause to be filed any incomplete, false, or fraudulent return, report, or statement, or aid or abet another in the filing of any false or fraudulent return, report, or statement.
(c) If any operator required to file monthly returns under this chapter fails, on two consecutive months within a twelve month period, to file such returns when due or to pay the tax
thereon, or if any operator authorized by the Director of Finance to file returns at less frequent intervals fails, on two or more occasions within a twenty-four month period, to file such returns when due or to pay the tax due thereon, the Director of Finance may require such operator to furnish security in an amount equal to the average tax liability of the operator for a period of one year, as determined by the Director of Finance from a review of returns or other information pertaining to such operator, which amount shall in no event be less than one hundred dollars ($100.00). Such security may be in the form of an advance tax payment to be applied to pay the tax due on subsequent returns or a corporate surety bond, satisfactory to the Director of Finance, conditioned on payment of the tax due with the returns from the operator. Such security must be filed within ten days following the operator's receipt of the notice from the Director of Finance of its requirements. A corporate surety bond filed under this section shall be returned to the operator if, for a period of twelve consecutive months following the date the bond was filed, the operator has filed all returns and remitted payment therewith within the time prescribed in this chapter.
(d) If any operator required to file returns and to remit tax due to the City under the provisions of this chapter fails for any reason to make such filing or payment, any of its members, officers or employees having control or supervision of or charged with the responsibility of filing returns and making payments shall be personally liable for such failure. The dissolution of a corporation shall not discharge an officer's or employee's liability for a prior failure of the corporation to file returns or remit tax due. The sum due for such liability may be collected by assessment in the manner provided in this chapter.
(Ord. 07-161. Passed 6-20-07.)