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Ordinance No. 20278
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2003 No. 20274-20306
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Ordinance No. 20278
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Last modified
6/10/2010 4:44:26 PM
Creation date
7/26/2005 4:31:24 PM
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Template:
City Recorder
CMO_Document_Type
Ordinances
Document_Date
1/27/2003
Document_Number
20278
CMO_Effective_Date
2/26/2003
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(5) If any person fails 'to pay the license tax or any penalty provided for by this <br />section, the tax and/or penalty shall be collected from that person for the use of the cky. The tax <br />administrator shall commence and prosecute m final determination in any co'tm of competent <br />jurisdiction an action at law to collect the same. <br /> (6) In the event any suit or action is instituted to collect the business license tax <br />or any penalty provided t~ior by this section~ if the City is the prevailing party, the Cky shall be <br />entitled to recover from the person sued reasonable attorney' s fees at trial or upon appeal of such suit <br />or action, in addition to all other sums provided by law~ <br /> <br />3.475 Monthly Statement of Dealer. Every dealer in motor vehicle fuel shall provide <br /> to the tax administrator on or before the 25th da5' of each month, on t'orms prescribed, <br />prepared and furnished by the tax administrator, a statement of the number of gallons of motor <br />;:et{icle fi~tel sold, distrib~tted or used by the dealer during the preceding calendar month. The <br />statement shall be signed by the dealer or the dealer's agent. <br /> <br />3.476 File Monthl ~nt. Ifa dealer fhils to file any statement required by <br /> section 3.475, the tax-administrator shall proceed ibrthwith to determine t?om as <br />many available sources as the tax administrator determines reasonable the amount, of motor vehicle <br />fuel sold distributed or used by such dealer ibr the period unreported, and such determination shall <br />in any proceeding be prima facie evidence of the amount of fuel sold, distribmed or used. The tax <br />administrator sh~ll irnmediately assess the dealer for the license tax -UPon the amount determined, <br />adding thereto a penalty of 10 percent of the tax The penalty shall be cumulative to other penalties <br />provided in this code. <br /> <br />3 ~477 Bill . Dealers in motor vehicle fuel shall render bills to all purchasers <br /> of motor vehicle fuel. The bills shall separately state and describe th~ different <br />products sold or shipped thereunder and shall be serially numbered except where other sales invoice <br />controls acceptable to the tax administrator are maintained. <br /> <br />3.478 Failure to Provide Invoice or Deliveo' Tag. No person shall receive and accept motor <br /> vehicle filel from any' dealer, or pay for the same, or sell or of~kr the motor vehicle <br />fuel for sale, unless the motor vehicle fuel is accompanied by an invoice or delivery tag showing the <br />date upon which motor vehicle fuel was delivered, purchased or sold and the name of the dealer in <br />motor vehicle fuel. <br /> <br />3.479 Transporting Motor Vehicle Fu_el in Bulk. Every' person operating any conveyance <br /> for the purpose of hauling, transporting or delivering motor vehicle ~el in bulk shall, <br />before entering upon the public highways of the city with such conveyance, have and possess during <br />the entire tim~ o~ the hauling or transporting of such motor vehicle t~el, an invoice, bill of sale or <br />other written statement showing the number of gallons, the true name and address of the seller or <br />consignor, and the true handle and address of the buyer or consignee, if any, of the same. The person <br />hauling such motor vehicle fuel shall, at the request of any officer authorized by taw to inquire into <br />or investigate such marl:ers, produce and offer for inspection the invoice, bill of sale or other <br />statement. <br /> <br />3 ~480 <br />vehicle fuel: <br /> <br />Exemption of Export Fuel. <br />(1) The licenke tax imposed by section 3.466 shall not be imposed on motor <br /> <br /> (a) Exported fi:om the city by a dealer; or <br /> (b) Sold by a dealer in individual quantities of 500 gallons or less for <br />export by the purchaser to an area or areas outside the city' in comainers other than <br />the fuel tm~ of a motor vehicle, but every dealer shall be required to report such <br /> <br />Ordinance - 4 <br /> <br /> <br />
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