Loading...
TC Ord. No. 1983-14TOWN OF AVON ORDINANCE NO. #83-14 Series of 1983 AN ORDINANCE AMENDING THE PROVISIONS FOR REPORTING SALES AND PROVIDING FOR ENFORCEMENT UNDER THE SALES TAX ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Subsection 3.08.120.A, of the Municipal code of the Town of Avon shall be amended to read as follows: 3.08.120 Sales tax return. A. Every person, partnership or corporation required to obtain a sales tax license pursuant to the provisions of Section 3.08.030 shall file a sales tax return, upon forms approved by the director of finance, on or before the 20th day of each calendar month for the sales activities of the preceding calendar month; providing, however, that, if the accounting methods regularly employed by the licensed retailer in the transaction of his business, or other conditions, are such that reports of sales made on a calendar-monthly basis will impose unnecessary hardship, the director may, upon request of such retailer, accept reports at such intervals as will, in his opinion, better suit the convenience of the taxpayer, and will not jeopardize the collection of the tax; and provided further, that a retailer doing business in two or more places or locations may file one return covering all such business activities in the Town. Section 2. Section 3.08.210 of the Municipal Code of the Town of Avon shall be amended to read as follows: 3.08.210 Estimated taxes and assessment thereof. A. If any person neglects or refuses to make a return for, or payment of any of the taxes levied by this chapter when the same become due, the director of finance shall, at some date subsequent to five days after the date for the making of such return or the payment of such taxes, give written notice to the person responsible for making the return or paying the taxes or the lack of the filing of such return or payment of said taxes, which notice shall notify the taxpayer, or other person responsible for the return of the tax, that the same must be paid within five days from the date of the receipt of said notice. B. If the return is not filed, or the taxes are not paid within five days after receipt of such notice, the director may make an estimate, based upon such information as may be available to him or the amount of taxes due for the period or periods for which taxpayer is delinquent and shall add thereto a penalty in an amount ISGRIFF, DUNN FRENCH, P. C. fORNEYS AT LAW 12 COMMERCIAL WINO FRONTAGE RD. WEST P. O. BOX 340 . COLORADO 81650 303) 476-7382 r • equal torten per cent of the estimated tax, together with interest on the estimated tax at the rate of one and one-half per cent per month from the due date thereof and may assess said amount against the delinquent taxpayer by giving the taxpayer written notice thereof, which notice shall require the taxpayer either to pay-the amount assessed by the--director of finance or to petition him for a correction of the estimate within a period of ten days thereafter. Any such petition-for correction shall be in writing and'any facts or figures in support thereof shall be submitted upon the oath of'the taxpayer. The director shall consider the matters submitted by the taxpayer and shall make a decision as to the proper amount of taxes, penalty and interest due, which decision shall be final and binding. Section 3. Violation and Penalty A. It is unlawful for any person to fail to perform any affirmative duty required by this chapter or to wilfully make; prepare or submit a tax.return or other document containing any false statement or to wilfully make a -false statement in any investigation or hearing which may affect the tax liability of any person. B. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a violation of this chapter and any such-person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is,committed, continued or permitted; and upon conviction of any such violation, such person, firm'or corporation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not-more than ninety days or by both such fine and imprisonment. C.. Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 8 day of March , 1983 and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of'Avon, Colorado, on the 22 day of March , 1983 at 7:30 P.M. in the Municipal Building of'the Town of Avon, Colorado. nmmtrc►r. Sheil'a'` R: '`Dads-': Mayor Pro-Tern Patricia J. -(,Doyle - Town Clerk'' INTRODUCED,.PASSED ON SECOND READING,.APPROVED AND ORDERED POSTED this day of 1983. - Allan-R, ttingham ayor ratri.cia j. eoyie Town_ Clerk 0.3 3/2/83 2 - a ~ STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE,THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7.:30 P.M. ON THE 22nd DAY OF MARCH, 1983 AT THE MUNICIPAL-BUILDING; 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#83-14: AN ORDINANCE AMENDING THE PROVISIONS FOR REPORTING SALES AND PROVIDING FOR EXFORCEMENT UNDER THE SALES TAX ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF A copy of said Ordinance is attached hereto and is also on file at the office of the town clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of the-ordinance. This notice given arid.passed by order of the Town Council of the Town of Avon,-Colorado. Dated this 10th day of March, 1983. TOWN _02--,AVON, COLO BY ,\_J - Patricia J. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 10, 1983:- THE MAIN ENTRANCE OF THE'POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE'MUNICIPAL BUILDING