HomeMy WebLinkAboutOrdinance-1978-0299INTRODUCED BY COUNCILMEMBER LEWMAN
ORDINANCE NO. 299
Series of 1978
TITLE: AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENT,
SECTIONS OF THE CODE OF THE CITY OF WHEAT RIDGE PERTAINING
TO SALES TAX, USE TAX AND UTILITIES TAX.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Chapter 19 of the Code of the City of Wheat Ridge,
Colorado, is hereby repealed in its entirety and reenacted as
part of Chapter 21.
Section 2. Sections 21-1 through 21-5 of the Code of the City of
Wheat Ridge, Colorado, are hereby repealed and reenacted as part of
Sections 21-1 through 21-20 of the Code of the City of Wheat Ridge,
Colorado, as follows:
Sec. 21-1. Definitions. As used herein, the following words
and phrases shall have the following meanings:
City. "City" means the City of Wheat Ridge, Colorado.
Sales Tax Inspector. "Sales Tax Inspector" shall mean the
City Treasurer or other person or persons designated by him.
Mobile Machinery. "Mobile Machinery" means those vehicles,
self-propelled or otherwise, which are not designed primarily
for the transportation of persons or cargo over the public
highways, and those motor vehicles which may have originally
been designed for the transportation of persons or cargo over
the public highways, and those motor vehicles which may have
originally been designed for transportation of persons or cargo,
but which have been redesigned or modified by the mounting
thereon of special equipment or machinery, and which may be
only incidentally operated or moved over the public highways.
This definition includes, but is not limited to wheeled vehicles
commonly used in the construction, maintenance and repair of
roadways, the drilling of wells, and the digging of ditches.
Non-Resident Vendor. "Non-resident Vendor" shall mean any
retailer/vendor whose place of business is located outside
the City of Wheat Ridge.
Person. "Person" shall mean any individual, firm, co-partnership,
~oznt venture, corporation, estate or trust, receiver, trustee,
assignee, lessee or any person acting in fiduciary or representa-
tive capacity, whether appointed by court or otherwise, and any
o,?-oup or combination acting as a group and the plural as well
as singular number.
Purchase Price. "Purchase Price" means the price or cost to the
user or consumer exclusive of any direct tax imposed by the
federal and state governments and those imposed by this Article,
inclusive of sales by exchange for property, less the fair
market value of property exchanged.
Retail Sale. "Retail Sale" means any sale, except sale for
resale, within the City and sales resulting in delivery to user
or consumer within the City by retailers and vendors outside
the City. The phrases "retail sales", "to engage in the business
of sales at retail" and "on the purchase price paid or charged
upon all sales and purchases of tangible personal property at
retail within the City of Wheat Ridge" as used in the sentence
and paragraph structure in this Article shall relate to Retail
Sales as defined hereby.
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ORDINANCE NO. 299
PAGE TWO
Retailer-Vendor. "Retailer" and "Vendor" shall mean a person doing
a retail business, known to the trade and public as such, and selling
to the user or consumer, and not for resale.
Sale. "Sale" shall mean the exchange of property for property as
well as for money, including installment and credit sales, conditional
or otherwise, leases of personal property, and also including the
sale of electrical energy, natural and manufactured gas, telephone
and telegraph communication service, and carriage of televised visual
and audio messages by wire or cable.
Storage. "Storage" means the keeping or retention of, or exercise
of dominion or control over, or possession, for any length of time,
of tangible personal property under lease or purchase at retail
within or without the City from a vendor.
Tangible Personal Property. "Tangible Personal Property" shall mean
any corporeal personal property which is in any manner perceptible to
the senses.
Tax. "Tax" means the tax payable as provided in this Article by
the purchaser of a commodity or service subject to tax, or the
aggregate amount of taxes due from the retailer or vendor for taxable
sales during a collection and reporting period applicable as required
herein.
Taxable Sale. "Taxable Sale" means the sale to the user or consumer,
exclusive of sales exempt as provided in this Article.
Taxpayer. "Taxpayer" means any person obligated to account to the
Treasurer for taxes collected or to be collected under the terms of
this Article.
Treasurer. "Treasurer" shall mean the City Treasurer.
Use. "Use" means the exercise, for any length of time, by any person
within Wheat Ridge, of any right, power, or dominion over tangible
personal property by lease or purchase.
Wholesale Sale. "Wholesale Sale" means a sale by wholesalers to retail
merc ants, jobbers, dealers, or other wholesalers for resale and does
not include a sale by wholesalers to users or consumers not for resale;
and the latter sales shall be deemed retail sales, and subject to the
provisions of this ordinance.
Wholesaler. "Wholesaler" means a person doing a regular organized
w FO-1 e -or jobbing business, known to the trade as such, selling
to retailers.
Sec. 21-2. License required. It shall be unlawful for any person to
engage in the business of sales at retail within the City of Wheat
Ridge, Colorado, on and after the effective date of this Article,
without first having obtained a license therefor, which license
shall be granted at no charge and issued by the City Treasurer upon
the filing of an application in the form prescribed by the Sales Tax
Inspector. Such license shall be in force until revoked or
transferred as hereinafter provided. A license shall be applied
for and issued for each location if more than one location is used
by the applicant in the conduct of business of sales at retail.
Sec. 21-3. Transfer of License; revocation. A license issued
hereunder designating the place of business may be transferred to
a new location by the filing with the City Treasurer of a notice of
location change. In case a licensee shall sell his business, the
then-existing license shall become void and a new license shall be
issued by the City Treasurer for the location of the business upon the
ORDINANCE NO. 299 PAGE THREE
filing of an application for license by the new owner. The Sales Tax
Inspector shall have the power, at any time, upon violation by any
holder of a license as provided for in this Article or any of the
regulations, lawfully prescribed hereunder, by the Sales Tax
Inspector, or for violation of any provisions of the Code of the City
or Colorado state statute, to suspend or revoke any such license
after a hearing before the Sales Tax Inspector. Any device or
method employed by the holder of a license to evade the payment
of the tax provided for by this Article Shall be sufficient cause
for suspension or revocation.
Sec. 21-4. Property and service taxed. There is hereby levied and
there shall be collected and paid a tax in the amount stated in
Sec. 21-7 as follows:
On all sales and services taxable by the State of Colorado under the
sales tax provisions of the Colorado Revised Statutes 1973, 39-26-104,
as amended, including, but not limited to the following:
a. On the purchase price paid or charged upon all sales and
purchases of tangible personal property at retail within the
City of wheat Ridge, except as the purchase price is reduced
by an allowance for an exchange of tangible personal property,
at fair market value, and which is intended to be offered for
resale.
b. Upon the charge for service within the City of Wheat Ridge for
telephone and telegraph service and televised audio and video
messages carried by wire or cable.
C. Upon the charge within the City of Wheat Ridge for electrical
energy and natural or manufactured gas sold for domestic or
commercial consumption and not for resale.
d. Upon the amount paid for all meals, foods, beverages, liquors
and cover charges, if any furnished in any restaurant, eating
house, hotel, drug store, club, resort or at any such place at
which meals, foods or drinks are sold to the public.
e. On the entire amount charged for rooms and accomodations by
any person for use by another person who uses or possesses,
or has the right to use or possess any room or rooms in a
hotel, motel, apartment hotel, lodging house, motor hotel,
guest house, guest ranch, mobile homes, auto camps, trailer
courts and parks, under any concession, permit, right of access,
license or other agreement, within the City of Wheat Ridge.
f. On the purchase price paid for sales of tangible personal property
at retail to national banking associations and banks organized
and chartered under the laws of the State of Colorado, for use
within the City of Wheat Ridge.
Sec. 21-5. Exempt sales. There shall be exempt from taxation under
the provisions of this Article the items of sales and services exempt
from taxation by the State of Colorado under the sales tax provisions
of the Colorado Revised Statutes, 1973, 39-26-114, including, but
not limited to the following:
a. All sales to the U. S. Government, to the State of Colorado, its
departments and institutions, and the political subdivisions
thereof in their governmental capacities only.
b. All sales to religious, charitable and eleemosynary corporations,
in the conduct of the regular religious, charitable and eleemo-
synary functions and activities.
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ORDINANCE NO. 299
PAGE FOUR
C. All sales which the City is prohibited from taxing under the
constitution or laws of the United States or the State of
Colorado.
d. All sales of cigarettes.
e. All charges for rooms and accomodations as provided for in
Section 21-4(e) hereof to any occupant who is a permanent
resident and who enters into a written agreement for occupancy
or use for a period of at least 30 consecutive days during
the calendar year.
f. All sales of commodities which are taxed under the provisions
of the Colorado Motor Fuel Tax of 1933.
g. Newspapers as legally defined in Colorado Revised Statutes,
1973, 24-70-102, as amended.
h. Every vendor selling items otherwise taxable, but exempted by
Colorado Revised Statutes, 1973, 39-26-114(7), as amended, for
sales through vending machines shall nonetheless register all
vending machines with the Treasurer and pay the sales tax
provided in Section 21-4 on all property sold in excess of
fifteen cents (15~) so vended in the coin operated vending
machines unless otherwise exempt by law.
i. Additional provisions of exemption from the tax under this
Article:
(1) All sales of tangible personal property if both the
following conditions exist: the sales are to those
who reside or do business outside the City for their
use outside the City and the article or commodity is
delivered to the purchaser by common carrier, by mail
or conveyed by the seller.
(2) All sales of tangible personal property to a public
utility doing business both within and outside the City,
for use in its business outside the City, even though
sale and/or delivery thereof is made within the City.
(3) All sales of farm machinery, machinery parts, livestock,
poultry, and livestock and poultry feeds and drugs,
seeds and fertilizers to purchasers for use outside
the City even though sale and/or delivery is made
within the City, except that trucks of one ton manufactured
rated capacity or less and lawn and garden tillers, mowers
and renovators are not to be considered as farm machinery.
(4) All permits, licenses, service charges, fines and assess-
ments, for benefit or penalty, charged by and in accordance
with the Code of the City of Wheat Ridge.
(5) All sales of personal property provided that such sales
are infrequently conducted, that the sale occurs at the
residence of the owner, that the property to be sold was
originally purchased for use by members of the household.
(6) All sales by churches, clubs, lodges, parent-teacher
organizations and organizations chartered by the State
of Colorado as non-profit corporations, provided that
such sales are infrequently conducted, that no regular
place of sale is maintained and that all proceeds from
such sales are used for the activities of the organization
conducting the sale.
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ORDINANCE NO. 299 PAGE FIVE
(7) Tangible personal property purchased or leased from a
resident vendor by a person engaged within the City of
Wheat Ridge in the business of manufacturing for
wholesale sale or compounding for wholesale sale, when
such tangible personal property is:
(a) An article, substance or commodity which becomes
an ingredient or component part of the product
manufactured, which product is itself tangible
personal property, and the container, label, and
shipping case thereof.
(b) Machinery and specific processing equipment and
repair parts and replacements thereof, exclusively
and directly used in manufacturing tangible personal
property.
Sec. 21-6. Disputes; refunds. Should a dispute arise between the
seller and purchaser as to whether or not any sale, service or
commodity is exempt under this Article, nevertheless the seller
shall collect and the purchaser shall pay such tax, and the seller
shall thereupon issue to the purchaser an appropriate receipt showing
the details of the transaction. The purchaser thereafter may
apply to the Treasurer for a refund in the manner hereafter prescribed
for refunds. Refunds may be applied for by submittal to the Treasurer
on forms prescribed and furnished by the Sales Tax Inspector
within 60 days of the date of purchase in instances of
dispute, unintentional payment of tax on exempt purchases,
or an overpayment of taxes reported and paid by any taxpayer
to the Treasurer. The Treasurer shall forthwith, after
receipt of the application for refund, submit same to the
Sales Tax Inspector for a determination of applicability.
The Treasurer shall disburse to the applicant a refund when
such has been approved by the Sales Tax Inspector, or notify
the applicant in instances of disapproval by the Sales Tax
Inspector.
Sec. 21-7. Schedule of sales tax. There is hereby imposed a tax on
all sales of commodities and services specified in Sec. 21-4 and not
otherwise exempt in Sec. 21-5, in the amount of 20 of the purchase
price. In order to avoid fractions of pennies, the following
brackets shall be applicable to all taxable transactions:
a. On sales amounting to $0.19 to and including $0.84, a tax
of $0.01 (one cent);
b. On sales amounting to $0.85 to and including $1.18, a tax
of $0.02 (two cents);
C. On sales in excess of one dollar, the tax shall be two cents
on each full dollar of the sales price, plus the tax shown on
the above schedule for the applicable fractional part of a
dollar of each such sale price.
Sec. 21-8. Retailer or vendor liable for tax. Every Retailer,
Vendor and Wholesaler shall be liable for the collection of the tax
as provided for in this Article for sales at retail to the user or
consumer, by adding the tax imposed hereby or the average equivalent
to the sale price or charge as a separate and distinct item, and
when added such tax shall constitute a part of such total price
or charge and shall be a debt from the consumer or user to the
vendor until paid and shall be recoverable at law in the same
manner as other debts. It shall be unlawful for any vendor to
absorb or advertise the intent to absorb the tax imposed by the
provisions of this Article, or to directly or indirectly reflect
in any manner that the total of charge including the tax is not
greater than the total of charge would be if the tax was not
imposed.
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ORDINANCE NO. 299 PAGE SIX
Sec. 21-9. Reports by vendor; payment of tax. Every Vendor shall
be liable as a taxpayer and responsible for the reporting to the
Treasurer and paying the tax at the rate of two percent (20) of the
gross total of taxable sales or charges for service during the
reporting period, plus any overage of collections of tax on sales
or charges for service resulting from the use of the bracket
system herein prescribed, less two percent (2%) of such total
of the two, to cover the taxpayer's cost of collection and reporting.
A reporting period shall be the same period permitted by the state
to a taxpayer for reporting to the state and paying the Colorado
State Sales Tax, and such report shall be made and tax paid under the
provisions of this Article on or before the 20th day of the month
following the reporting period. A report shall be made for each
place of business if more than one location is used in the business
of sales at retail within the City.
Sec. 21-10. Interest on deficiency; penalty. The Treasurer shall,
as soon as practical after receipt of taxpayer's report recompute
the tax by the use of known and visible factors; and if the resulting
recomputed tax is less than that shown and paid by the taxpayer,
the difference shall be credited toward the taxpayer's obligation
for the next reporting period. If the recomputed tax is more than
that shown and paid by the taxpayer, the difference shall be recorded
as a deficiency together with interest at the rate of one-half of
one percent (1/2%) of the amount of the tax which is deficient.
The taxpayer shall be notified of the deficiency, the amount thereof
and the interest thereon. Willful disregard of the requirements
for reporting, and remittance of tax due, or failing to respond
within ten days to Treasurer's notice of deficiency, shall subject
the taxpayer to a penalty of ten percent (10%) of the amount of
the tax plus interest at the rate of one-half of one percent
(1/20) per month or fractional part thereof, or a deficiency and
interest as notified.
Sec. 21-11. Tax on use, storage, distribution, consumption. It
is hereby declared to be the legislative intent of the City Council
that for the pur-_:)oses of this Article every person who stores, uses,
distributes or consumes on and after the effective date of this
Article within the City any article of tangible personal property
purchased at retail, and not stored or distributed in normal
function of wholesaling, is exercising a taxable privilege. It is
hereby declared that every resident of the City or any person doing
business within the City who purchases or leases tangible personal
property for use, storage or consumption within the City from sources
outside the City and taxable hereunder, and who has not paid the
tax imposed by this Article, shall make a return and pay the tax
to the Treasurer. The use, storage or consumption of tangible
personal property includes for the purpose of this Article
materials, commodities and items of tangible personal property
affixed to or made a part of facilities and structures on real
property owned or leased situated within the City.
Sec. 21-12. Exemptions. There shall be exempt from the tax
provided in Sec. 21-11, the storage, use, distribution and
consumption of the following:
a. Any personal property on which a sales tax has been paid
to the City of Wheat Ridge.
b. Tangible personal property which, if it were sold at retail
within the City of Wheat Ridge would be exempt from sales
tax under the provisions of Sec. 21-5.
C. Tangible personal property brought into the City by a non-
resident for his own use, storage, or consumption while
temporarily within this city.
ORDINANCE NO. 299 PACE SEVEN
d. Tangible personal property of a resident which was acquired
prior to his becoming a resident.
e. Where mobile machinery is acquired exclusively for business
or commercial use and where such machinery is stored in the
City of Wheat Ridge, but solely and exclusively used outside
the City, the use tax may be prorated. When a taxpayer is
able to establish to the satisfaction of the Sales Tax
Inspector that a taxable item meets the above requirements,
the tax may be prorated by determining the number of days
within a calendar year that the machinery is stored within
the City of Wheat Ridge, and apply that fraction of a year into
the normal applicable use tax.
f. Tangible personal property purchased or leased from a resident
vendor by a person engaged within the City of Wheat Ridge in
the business of manufacturing for wholesale sale or compounding
for wholesale sale, when such tangible personal property is:
(1) An article, substance or commodity which becomes an
ingredient or component part of the product manufactured,
which product is itself tangible personal property, and
the container, label, and shipping case thereof.
(2) Machinery and specific processing equipment and repair
parts and replacements thereof, exclusively and directly
used in manufacturing tangible personal property.
Sec. 21-13. Form of return; date due; rate of tax. Every purchaser,
consumer, user, owner, or lessee of personal property and owner
or lessee of real estate shall, in compliance with Sec. 21-11 hereof,
file with the Treasurer on or before the 30th day of the month
following the month of purchase or month of commencement of use or
storage of tangible personal property which is taxable under the
provisions of this Article, a return on a form prescribed by the
Sales Tax Inspector, and pay to the Treasurer the tax on the
purchase price or monthly lease value at the rate of two percent
(20). Interest charges for deficiency and interest and penalty
charges for failure to report and pay the tax as prescribed in
Sec. 21-10 hereof shall be applicable to the tax due under this
section. Upon the prior approval of the Treasurer, any taxpayer
may file periodic reports and pay accrued tax at intervals not
greater than once per year, in lieu of reporting and payment
of tax on each taxable event.
Sec. 21-14. Non-resident vendors.
a. It shall be unlawful for any non-resident vendor to engage
in business in the City of Wheat Ridge without first having
obtained a license in accordance with Section 21-2. Any
non-resident vendor engaged in business in the City of Wheat
Ridge shall have the same tax liability and responsibility
for reporting and collecting Wheat Ridge use tax on sales
to Wheat Ridge residents as a resident vendor has with
respect to sales tax pursuant to this Chapter.
b. For purposes of this section, a non-resident vendor engages
in business in the City of. Wheat Ridge when selling, leasing,
delivering or conducting any activity in connection therewith
in the City of Wheat Ridge for the use, storage, consumption
or distribution within the City of Wheat Ridge. This term
shall include, but not be limited to:
(1) The maintaining, within the City, directly, indirectly,
or by a subsidiary, an office, sales room, warehouse,
or other place of business.
(2) The soliciting, by representatives, agents, catalogs,
or advertisement by radio, television, newspaper, or
f~
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ORDINANCE NO. 299
PAGE EIGHT
any other means whatsoever, of business from persons
residing in the City of Wheat Ridge and by reason thereof,
receiving orders from, or the purchasing or renting of
tangible personal property, by such persons residing in
the City, for use, storage or consumption in the City,
and the tangible personal property so ordered, purchased,
or leased actually coming to rest for any length of time
in the City and becoming a part of the mass of property
of the City as a result thereof.
(3) Delivery in the City of Wheat Ridge by a non-resident
vendor or his agent, of goods purchased outside the
City by a resident of the City of Wheat Ridge.
C. Impoundment. In the event that the Sales Tax Inspector has
reasonable cause to believe that a non-resident vendor is engaged
in business in the City of Wheat Ridge without first having
obtained a license, he may schedule a hearing before the Treasurer
or his designee, upon not less than ten days written notice to
the non-resident vendor, to determine whether or not such vendor
is engaged in business in the City of Wheat Ridge. In the event
that the hearing officer determines after a hearing that the
vendor is engaged in business within the City of Wheat Ridge, an
order shall issue, directing the vendor to obtain a license
or cease doing business in the City, which order shall be
appealable to the District Court in accordance with law.
In the event that a non-resident vendor fails to comply with
such order and continues to engage in business in the City,
the Sales Tax Inspector may seize and impound any personal
property of the vendor or his agent, located in the City of
Wheat Ridge used in any manner in furtherance of or to
facilitate the transaction of the vendor's business in the
City of Wheat Ridge. The vendor shall be notified of the
impoundment and shall have the right to demand an administrative
hearing to be held not later than five working days from the
date of seizure, unless the vendor requests a later date. The
hearing officer at such hearing shall determine only whether
or not the impounded property was used in furtherance of or to
facilitate the transaction of business by the vendor in the
City of Wheat Ridge. If no hearing is demanded or if a hearing
is held and it is determined that the property was so used,
it shall be held until the vendor has obtained a license. If
it is determined at the hearing that the property was not
so used, it shall be released forthwith. The determination of
the hearing officer shall be appealable to the District Court
as provided by law.
If the vendor fails to apply for a license within thirty days
from the date of impoundment, the Sales Tax Inspector may
estimate the taxes due in accordance with Sec. 21-19 and
collect such taxes pursuant to Sec. 21-18 from the proceeds
of the impounded property.
Sec. 21-15. Motor vehicles. No motor vehicle defined as any vehicle,
including any device in, or upon which any person or property is or
may be transported or drawn upon a public highway, road or street;
or any device used or designed for aviation or for flight in the air
and upon which a specific ownership tax is imposed by the State of
Colorado, which is purchased by a resident of the City or other person
for use within the City, shall be registered in Adams or Jefferson
County, nor shall title to a motor vehicle as defined herein be
transferred within Adams or Jefferson Counties by the County Clerks
of the respective counties, if the tax imposed by the provisions
of this Article has not been paid.
ORDINANCE NO. 299 PAGE NINE
Sec. 21-16. Burden of proof; keeping of records.
a. The burden of providing that any person is exempt from taxation
or any article or commodity is exempt under the provisions of
this Article, shall be upon the person asserting the claim
for exemption. It shall be the duty of every person engaging
or continuing in business within the City or otherwise subject
to the tax under the provisions of this Article or a person
requiring a license under Sec. 21-2 or 21-14 hereof to keep
and preserve suitable records of all sales and transactions as
may be necessary from time to time to determine the applicability
of the provisions of this Article thereto, and to keep such
invoices, sales memoranda, books and records for a period of
three years; and they shall be open at any time for examination
by the Enforcement officer or his agents.
b. Required records need not be stored or kept within the City of
Wheat Ridge, but if they are not they must be, upon request of
the Sales Tax Inspector, produced for inspection either at
the taxpayer's place of business within the City of Wheat Ridge,
or at the Wheat Ridge City Hall no later than fourteen (14)
days from the date of request.
C. When the Sales Tax Inspector has scheduled an audit or examina-
tion of the records required herein, not less than fourteen days
in advance, and has so notified the vendor or taxpayer, and the
taxpayer fails to make available the records required hereunder
at the appointed time, he shall pay to the City costs of $25.
Provided, however, that costs shall not be assessed if:
(1) A postponement is approved by the Sales Tax Inspector,
for good cause shown, not less than seven days before
the scheduled audit; or
(2) Sufficient notice is given within seven days that the
Sales Tax Inspector is able to schedule and conduct an
audit of another taxpayer at the appointed time in lieu
thereof.
Sec. 21-17. Sale of business. Any vendor who shall sell out his
business or stock of goods or shall quit his business shall be
required to file a report or return and remit the tax due thereon
from all retail sales within ten days after the date of the sale
of the business or stock of goods or quitting of the business. Action
by the City against the former owner shall not prohibit the exercise
by the City of the tax lien provisions hereafter stated herein.
Sec. 21-18. Unpaid tax; a prior lien.
a. The tax imposed by this Article, together with the interest and
penalties herein provided and the cost of collection which may
be incurred by the City, shall be and, until paid, remain a
first and priorlien upon the goods, stock in trade and business
fixtures of or used by any retailer under lease, title-retaining
contract or other contract arrangement, and shall take precedence
on all such property over other claims and mortgages. Any new
owner or successor of a business or stock in trade shall be
required to withhold sufficient of the purchase money, if any,
to cover the amount of tax due until such time as the former
owner shall produce a receipt from the Treasurer showing the
tax paid in full or a certificate showing no tax is due. Anyone
who takes title or possession of a business, fixtures or stocks
by purchase, foreclosure or otherwise, takes same subject to the
ORDINANCE NO. 299
PAGE TEN
lien for delinquent tax and shall be liable for the payment
thereof to the extent of the tax, interest, penalties and
collection costs, but not to exceed the value of the property
so taken or acquired.
b. The lien provided herein may be foreclosed by seizing under
distraint warrant and selling so much of the property covered
by the lien as may be necessary to discharge said lien. Such
distraint warrant may be issued by the Treasurer whenever the
taxpayer or vendor is in default in the payment of sales or
use tax, interest and penalty, and may be served and the
goods subject to such lien seized and sold by any employee
of the Finance Department or any police officer.
C. Goods seized pursuant to distraint warrant shall be sold at
public auction after ten days public notice by publication
not less than two times in a newspaper of general circulation
in the City of Wheat Ridge. Such goods may be redeemed by
the taxpayer anytime prior to sale by paying such tax, penalty,
and interest as is due, together with such costs as have
accrued from the seizure and preparation for sale.
d. In the event that the taxpayer disputes the tax liability
giving rise to a lien or lien and distraint warrant, he shall
file a written demand for an administrative hearing and
determination of tax liability, which demand will stay the
sale under distraint warrant (until the conclusion of the
hearing). In the event that it is determined at the
hearing that the taxpayer's liability is less than the
amount in the possession of the Treasurer, such excess shall
be paid to the taxpayer forthwith. Failure to demand an
administrative hearing and determination of tax liability
shall constitute a waiver of the right to contest such
liability; however, when such determination is requested,
the final decision rendered therein shall be appealable
to the District Court as provided by law.
Sec. 21-19. Refusal to report; estimate of tax.
a. In the event any taxpayer refused to report in accordance
with the provisions of this Article, thereby prohibiting
the establishment by the Treasurer of an accurate and
exact amount of tax due, the Sales Tax Inspector may, in any
reasonable manner possible, estimate the amount of tax due,
to which interest at the rate of one percent (1%) per month
from the date the tax was due and a penalty of ten percent
of the amount of tax and interest is added.
b. When an estimate of tax is made, the Sales Tax Inspector
shall serve notice thereof on the taxpayer by personal service,
certified or registered mail, or by leaving a copy with the
person in charge at the taxpayer business establishment. Unless
the taxpayer files a written demand for administrative hearing
and determination of tax liability, as provided in Sec. 21-18,
within ten days from the date of service, he shall be deemed
to have accepted the estimate as a fair and accurate determina-
tion of his tax obligation and shall thereby waive the right
to contest that determination. In the event that such a
hearing is held, the determination of the hearing officer
shall be reviewable in the District Court in accordance with
law.
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ORDINANCE NO. 299
PAGE ELEVEN
Sec. 21-20. Administration. The administration of Sec. 21-1
through 21-20 is vested in and shall be exercised by the
Treasurer, who shall prescribe forms and reasonable rules
and regulations in conformity with said sections for the
making of returns and reports, ascertainment and collection
of the tax imposed hereunder, and for the proper administration
and enforcement of said sections.
Section 3. Section 21-6 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-21 of
the Code of the City of Wheat Ridge, Colorado.
Section 4. Section 21-7 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-22 of
the Code of the City of Wheat Ridge, Colorado.
Section 5. Section 21-8 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-23 of
the Code of the City of Wheat Ridge, Colorado.
Section 6. Section 21-8 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-24 of
the Code of the City of Wheat Ridge, Colorado.
Section 7. Section 21-9 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-25 of
the Code of the City of Wheat Ridge, Colorado.
Section 8. Section 21-10 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-26 of
the Code of the City of Wheat Ridge, Colorado.
Section 9. Section 21-11 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-27 of
the Code of the City of Wheat Ridge, Colorado.
Section 10. Section 21-12 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-28 of
the Code of the City of Wheat Ridge, Colorado.
Section 11. Section 21-13 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-29 of
the Code of the City of Wheat Ridge, Colorado.
Section 12. Section 21-14 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-30 of
the Code of the City of Wheat Ridge, Colorado.
Section 13. Section 21-15 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-31 of
the Code of the City of Wheat Ridge, Colorado.
Section 14. Section 21-16 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-32 of
the Code of the City of Wheat Ridge, Colorado.
Section 15. Section 21-17 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-33 of
the Code of the City of Wheat Ridge, Colorado.
Section 16. Section 21-18 of the Code of the City of Wheat Ridge,
Co ora o, is hereby amended to be designated as Section 21-34 of
the Code of the City of Wheat Ridge, Colorado.
A
ORDINANCE NO. 299 PAGE TWELVE
Section 17. Section 21-20 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-35 of the
Code of the City of Wheat Ridge, Colorado.
Section 18. Section 21-21 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-36 of the
Code of the City of Wheat Ridge, Colorado.
Section 19. Section 21-22 of the Code of the City of Wheat Ridge,
Colorado, is hereby amended to be designated as Section 21-37 of the
Code of the City of Wheat Ridge, Colorado.
Section 20. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its applica-
tion to other persons or circumstances.
Section 21. This ordinance shall take effect January 1, 1979,
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 0 on this 9th day of October , 1978;
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for October 23 , 1978, at
7:30 o'clock P.m., at Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 0 this 23rd day of
October , 1978.
SIGNED by the Mayor on this yr" day of
October , 1978.
4!a:yor zver Phillips,
ATTEST:
i
City Cler Cgto F. mpf
1st Publication October 12, 1978
2nd Publication November 2, 1978
Effective Date January 1, 1979
Presented to Mayor October 24, 1978
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