HomeMy WebLinkAboutOrdinance-1986-0650INTRODUCED BY COUNCILMEMBER
ORDINANCE NO. 650
Series of 1985
TITLE: AN ORDINANCE REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21, TAXATION, ARTICLE 1, RETAIL SALES, OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, THAT:
Section 1. Chapter 21, Taxation, Article 1, Retail Sales,
of the Code of Laws of the City of Wheat Ridge is hereby repealed
and reenacted, with amendments, as follows:
Section 21-1. Definitions.
As used herein, the following words and phrases shall have
the following meanings:
Access Service: "Access Service" means any charge by local
telephone exchange companies to providers of telecommunications
services for the latter's use in providing telecommunications
services.
Charitable Organization: "Charitable organization" means
those organizations which exclusively, freely, and
voluntarily minister to the physical, mental, or spiritual needs
of an indefinite number of persons and by so doing lessen the
burdens of government.
City: "City" means the City of Wheat Ridge, Colorado.
Computer Software: "Computer Software" means the
internalized instruction code which controls the basic operations
(i.e., arithmetic and logic) of the computer, causing it to
execute instructions contained in system programs, as an integral
part of the computer. It is not normally accessible or
modifiable by the user. A software program is one in which
instructions and routines (programs) are determined necessary to
program the customer's electronic data processing equipment to
enable the customer to accomplish specific functions with his EDP
system. The software may be in the form of:
1) Systems programs (except for the instruction codes which
are considered tangible property in this definition) programs
that control the hardware itself and allow it to compile,
assemble and process application programs.
2) Applications programs programs that are created tc
perform business functions, or control, or monitor processes.
3) Pre-written (canned) programs that are either systems
programs or application programs and are not written specifically
for the user.
4) Custom programs created specifically for the user.
Local Exchange Company: "Local Exchange Company" means any
person which provides public telephone or telecommunication
exchange access lines, mobile telecommunications or channels
necessary to effect the transfer of two-way voice or data grade
information between the final user and the local
telecommunications network.
Mobile Machinery: "Mobile Machinery" means those vehicles,
self-propelled or otherwise, which are not designed primarily for
the transportation of person 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.
Newspaper: "Newspaper" means (a) a publication printed on
newsprint, intended for general circulation, and published
regularly at short intervals, containing information and
editorials on current events and news of general interest; or (b)
publications which meet the requisites of a legal newspapers as
provided in Section 24-70-101 et seq., C.R.S.
Non-Resident Vendor: "Non-resident Vendor" shall mean any
retailer/vendor whose place of business is located outside the
city.
Person: "Person" shall mean any individual, firm,
co-partnership, joint venture, corporation, estate or trust,
receiver, trustee, assignee, lessee or any person acting in
fiduciary or representative capacity, whether appointed by a
court or otherwise, and any group 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. The phrases "retail sales," "to engage
in the business of sales at retail" and "on the purchase price
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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.
Retailer/vendor: "Retailer" and "vendor" shall mean a
person doing a retail business, 'mown 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.
Sales Tax Inspector: "Sales Tax Inspector" shall mean the
City Treasurer, or other person or person designated by him, and
shall likewise refer to the sales tax auditor or administrator.
Storage: "Storage" means the keeping or retention of, or
exercise of dominion or control over, or possession 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 Sales: "Taxable Sale" means the sale to the user or
consumer, exclusive of exempt sales 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.
Telecommunications Service: "Telecommunication Service"
means the transport of signs, signals, writing, images, sounds,
messages, data, or other information of any nature by wire,
radio, light waves, electromagnetic, digital, or electronic
means.
Treasurer: "Treasurer" shall mean the City Treasurer, or
his designee, including, not by way of limitation, the building
inspector and the sales tax inspector.
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Use: "Use" means the exercise, for any length of time, by
any person within the city, 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 merchants, jobbers, dealers, or other
wholesalers for resale and does not include a sale by 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 article.
Wholesaler: "Wholesaler" means a person doing a regular
organized wholesale or jobbing business, known to the trade as
such, selling to retailers.
Section 21-2. License - Required to engage in retail sales.
(a) It shall be unlawful for any person to engage in the
business of retail sales within the city, 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 treasurer upon the filing of an application in the
form prescribed by the sales tax auditor. Such license shall be
in force until revoked, suspended, 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.
(b) The Treasurer shall make available to any requesting
vendor a map/location guide showing the boundaries of the city.
For transactions consummated on or after January 1, 1986, the
requesting vendor may rely on such map/location guide and any
update thereof made available to such vendor in determining
whether to collect a sales or use tax. No penalty shall be
imposed or action for deficiency maintained against such a vendor
who in good faith complies with the most recent map/location
guide available to it.
Section 21-3 Same - Transfer; revocation.
A license issued hereunder designating the place of business
may be transferred to a new location by the filing with the
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 treasurer for the
location of the business upon the 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 of any of the regulations lawfully
prescribed hereunder, or for violation of any provisions of the
Code of the city or the Colorado state statutes, to suspend or
revoke any such license after ten days notice and a hearing
before the Treasurer. Any device or method employed by the
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holder of a license to evade the payment of the tax provided for
by this article shall be sufficient cause for revocation.
Section 21-4. Sales tax - Property and service subject to tax.
There is hereby levied and there shall be collected and paid
a tax in the amount stated in section 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,
section 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, 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.
(1) When a trade-in of tangible personal property is
received by a retailer upon the sale of tangible personal
property, the tax imposed shall be based upon the purchase price
of the tangible personal property sold, less trade-in allowance,
provided the property taken in trade is to be resold in the usual
course of the retailer's trade or business.
(b) There shall be levied a tax upon telecommunications
services, except access services as designated in section
21-5(i)(11), whether furnished by public or private corporations
or enterprises for all interstate and intrastate
telecommunications service originating from or received on
telecommunications equipment in this city and the charge for the
service is billed to a person in this city or billed to an
affiliate or division of such person in any state/city on behalf
of a person in this city.
(c) Upon the charge within the city 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 served in or by restaurants, cafes, lunch counters,
cafeterias, hotels, drugstores, social clubs, nightclubs,
cabarets, resorts, snack bars, caterers, carry-out shops, and
other like places of business at which prepared food or drink is
regularly sold, including sales from pushcarts, motor vehicles,
and other mobile facilities.
(1) Cover charges shall be included as part of
the amount paid for such food or drink. However, meals provided
to employees of the places mentioned in this paragraph (d) at no
charge or at a reduced charge and which are considered as part of
their salary, wages, or income shall be exempt from taxation
under the provisions of this article.
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(e) 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.
(f) Machinery, machine tools and specific processing
equipment and repair parts and replacements thereof, exclusively
and directly used in manufacturing or processing tangible
personal property.
(g) On the entire amount charged for clothing purchased at
retail.
(h) Upon "used merchandise" which has previously been
purchased and which has been remanufactured or rebuilt and, as so
remanufactured or rebuilt, been sold to a subsequent owner.
(i) Upon farm equipment not titled or registered as a motor
vehicle.
(j) On the design, development, writing, translation,
fabrication, maintenance, lease, or transfer of computer program
(software) services.
Section 21-5. Same 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 under the sales tax provisions of the Colorado
Revised Statutes 1973, section 39-26-114, including, but not
limited to, the following:
(a) All sales to the United States 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 eleemosynary functions and activities providing such
organization holds an exemption letter/certificate pursuant to
C.R.S. X39-26-114.
(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 accommodations (see Chapter
21-53; Lodger's tax).
(f) All sales of commodities which are taxed under the
provisions of the Colorado Motor Fuel Tax of 1933.
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(g) Newspapers as legally defined in Colorado Revised
Statutes 1973, section 24-70-102, as amended.
(h) Every vendor selling items otherwise taxable, but
exempted by Colorado Revised Statutes 1973, section 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 for a
price of more than thirty cents in the coin-operated vending
machines, unless otherwise exempt by this ordinance.
(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
manufacturer-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 assessments, 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 (i.e., garage sales, yard sales, etc.).
(6) All sales by churches, clubs, lodges, parent-teacher
organizations or other religious, charitable or
eleemosynary organizations chartered by the State of
Colorado as nonprofit corporations, provided that such
sales are conducted for a period not to exceed three
days during any calendar year and that all funds
derived from such sales are used for the activities of
the organization conducting the sale.
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(7) Tangible personal property purchased or leased from a
vendor by a person engaged within the city in the
business of manufacturing for wholesale sale or
compounding for wholesale sale, when such tangible
personal property is 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.
(8) The exemption stated herein shall not include natural
gas and/or electricity used in the processing
or manufacturing of goods or commodities or substances.
(9) All sales of drugs dispensed in accordance with a
prescription, all sales of insulin in all its forms
dispensed pursuant to the direction of a licensed
physician, and all sales of prosthetic devices.
(i) A "prescription" means any order in writing, dated
and signed by a practitioner, or given orally by a
practitioner, and immediately reduced to writing
by the pharmacist, assistant pharmacist, or
pharmacy intern, specifying the name and address
of the person for whom a medicine, drug, or poison
is ordered and directions, if any, to be placed on
the label.
(ii) A "prosthetic device" is an artificial part which
aids or replaces a bodily function and which is
designed, manufactured or adjusted to fit a
particular individual.
The foregoing definitions also apply to prescription
drugs and prosthetic devices for animals.
(10) The sale of construction and building materials, as the
term is used in section 29-2-109, C.R.S., if such
materials are picked up by the purchaser and if the
purchaser of such materials presents to the retailer a
building permit or other documentation acceptable to
the City evidencing that a local use tax has been paid
or is required to be paid in another city.
(11) "Access Services" by local telephone exchange companies
to providers of telecommunication service for use in
providing such service shall be deemed to be wholesale
sales and shall be exempt from taxation under this
section.
(12) All sales of electrical energy and natural or manufactured
gas sold for direct use in the commercial growth, for sale
whether wholesale or retail, of plants and flowers.
Section 21-6. Same - Disputes - Refunds - Limitation of Actions.
(a) Should a dispute arise between the seller and purchaser
as to whether or not any purchase, storage, use or consumption of
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a 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.
Refunds may be applied for by submittal to the treasurer on forms
prescribed and furnished by the sales tax auditor within sixty
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 auditor for
a determination of applicability. The treasurer shall disburse
to the applicant a refund when such has been approved by the
sales tax auditor, or notify the applicant in instances of
disapproval by the sales tax auditor.
(b) An application for refund of sales or use tax paid by a
person who establishes that a tax was paid by another on a
purchase, storage, use, or consumption made on behalf of a person
entitled to an exemption and that a refund has not been granted
to the person making the purchase, storage, use, or consumption,
or of tax monies paid in error or by mistake, shall be made
within three years after the date of purchase, storage, use, or
consumption of the goods for which the refund is claimed.
(c) All claims for refund shall be processed in the manner
provided in section 21-20.
Section 21-7. Same - Schedule.
There is hereby imposed a tax on all sales of commodities
and services specified in section 21-4 and not otherwise exempted
in section 21-5, in the amount of two percent 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
(b) On sales amounting to $0.85 to and including
$1.18, a tax of ........................$0.02
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.
Section 21-8. Same - Liability of retailer or vendor for
collection.
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
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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 the charge including the tax is not greater than
the total of the charge would be if the tax was not imposed.
Section 21-9. Same - Reports by vendor, payment of tax; monies
collected to be held in trust.
(a) 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 of the net 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 of such total of the two, to cover the taxpayer's cost of
collection and reporting. This two percent vendor's fee is
disallowed on any delinquent report. A reporting period shall be
monthly for vendors exceeding a $100 tax liability per month,
quarterly for a vendor with less than $300 in tax liability per
quarter, and annual only upon approval of the sales tax inspector.
A report shall be made and tax paid under the provisions of this
article on or before the twentieth 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.
(b) All monies paid by the purchaser to the retailer as
taxes imposed by this Chapter shall be and remain the property of
the city while in the hands of the retailer. Until paid to the
treasurer, the monies shall be held in trust by the retailer for
the sole use and benefit of the city. Failure by the retailer to
pay the monies to the treasurer shall be a violation of this
Code.
Section 21-10. Sales or use tax - Delinquencies - Penalties and
interest.
(a) The treasurer shall, as soon as practical after receipt
of a 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.
The taxpayer shall be notified of the deficiency as provided in
section 21-20. Willful disregard of the requirements for
reporting, and remittance of tax due, or failing to respond
within ten days to the treasurer's notice of deficiency, shall,
in addition to constituting a violation of this Code, subject the
taxpayer to penalties and interest provided in this section.
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(b) If a person neglects or refuses to make a return in
payment of the sales tax or to pay any tax as required, the sales
tax inspector shall make an estimate, based upon such information
as may be available, of the amount of taxes due for the period
for which the taxpayer is delinquent and may add thereto a
penalty equal to the greater of fifteen dollars or ten percent
of the amount of the delinquency and interest on such delinquent
taxes at the rate imposed under subsection (d) of this section
plus one-half percent per month from the date when due, not
exceeding eighteen percent in the aggregate per annum.
(c) If a person neglects or refuses to make a return in
payment of the use tax as required, the sales tax inspector shall
make an estimate, based upon such information as may be
available, of the amount of taxes due for the period for which
the taxpayer is delinquent and may add thereto a penalty equal to
ten percent thereof and interest on such delinquent taxes at the
rate imposed under subsection (d) of this section, plus one-half
of one percent per month from the date when due.
(d) The annual rate of interest on delinquent taxes under
subsections (b) and (c) above shall be that established by the
state commissioner of banking pursuant to section 39-21-110.5,
C.R.S.
Section 21-11. Use Tax - Property subject to tax.
(a) It is hereby declared to be the legislative intent of
the city council that for the purposes of this article every
person who, on and after the effective date of this article,
stores, uses, distributes or consumes within the city any article
of tangible personal property purchased at retail, and not stored
or distributed in the normal function of wholesaling, is
exercising a taxable privilege and shall be taxed therefor at the
rate specified in section 21-13 hereof. 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 an application,
file 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
within the city.
(b) For purposes of this article, the storage of any
article of tangible personal property, other than any
construction and building materials purchased at retail and any
motor and other vehicles purchased at retail on which
registration is required, is subject to the provision that any
article of tangible personal property located within the city for
a continuous period of longer than sixty days shall be presumed
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to be in use or consumption rather than in storage and shall be
subject to any applicable use tax the incidence of which tax
shall apply from the date of the property's acquisition, subject
to rebuttal as provided in subparagraph (1) of this subsection.
(1) The taxpayer may rebut such presumption by
satisfactory evidence that:
(i) Such property is in fact in storage for use
or consumption outside the jurisdiction of
the city; and
(ii) The taxpayer is doing business in another
local jurisdiction and the nature of the
taxpayer's business is such that storage
is likely to occur for future use in another
local jurisdiction.
(2) For purposes of this section, storage ends and a
taxable incident occurs when the property is taken
out of storage and placed into use or is
consumed. Such use or consumption includes
removal from storage and being made available for
immediate or subsequent use or consumption at
will, even if the use or consumption is not
completed within the city.
(c) Taxation of Leases.
(1) In the case of any payment under a lease of thirty
days or less, or in the case of any payment during
the first thirty days of a lease or longer than
thirty days, the sales tax on any lease payment
shall be paid by the lessee and shall be remitted
by the lessor to the city providing delivery of
the property to the lessee occurs in the city. In
the case of any payment after the first thirty
days, the sales tax on any lease payment shall be
paid by the lessee and shall be remitted by the
lessor to the city providing the property is
located in the city at the time the payment is
due.
(2) Payment and remittance of sales tax to the city
pursuant to subparagraph (1) above shall be made
on each payment made under the lease, including
but not limited to each payment under any option
to purchase contained in the lease, each payment
for termination of the lease, and each payment for
purchase of the leased property if the same is
sold to the lessee after termination of the lease,
regardless of the subsequent location of the
property.
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(3)
The city will collect use tax
only from the
lessee and only on any lease pa
yment which
is due
when the property is located wi
thin the
jurisdiction of the city. Such
collection
of use
tax on a lease payment shall be
subject to
the
credit provisions of section 21
-11(d).
(4)
Any applicable use tax shall be
imposed on
the
lessee and not on the lessor.
(5)
Any applicable use tax shall be
based upon
the
full purchase price of the prop
erty.
(6)
If a lease is renewed, it shall
be treated
in the
same manner as provided in this
section.
(d) Use Tax - Credit for Sales or Use Tax Previously Paid
to Another Municipality.
The City's use tax shall not apply to the storage, use,
or consumption of any article or tangible personal property
the sale or use of which has already been subjected to a sales
or use tax of another statutory or home rule municipality legally
imposed on the purchaser or user equal to or in excess of two
percent. A credit shall be granted against the city's use tax
with respect to the person's storage, use, or consumption in the
city of tangible personal property, the amount of the credit to
equal the tax paid by him by reason of the imposition of a sales
or use tax of the previous statutory or home rule municipality on
his purchase or use of the property. The amount of the credit
shall not exceed two percent.
(e) Use Tax - Nonapplicability to Use or Consumption
Occurring More Than Three Years After Most Recent Sale.
The City's use tax shall not be imposed with respect to
the use or consumption of tangible personal property within the
city which occurs more than three years after the most recent
sale of the property, if, within the three years following such
sale, the property has been significantly used within the state
for the principal purpose for which it was purchased.
"Significant use" shall be determined in the discretion of the
sales tax inspector on a case-by-case basis.
(f) Use Tax - Proration as Applied to Certain Construction
Equipment.
(1) Construction equipment located within the
boundaries of the city for a period of more than
thirty consecutive days shall be subjected to the
full applicable use tax of the city.
(2) Construction equipment which is located within the
boundaries of the city for a period of thirty
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consecutive days or less shall be subjected to
the city's use tax in an amount which does not
exceed the amount calculated as follows: the
purchase price of the equipment shall be
multiplied by a fraction, the numerator of which
is one and the denominator of which is twelve, and
the result shall be multiplied by two percent.
(3) where the provisions of subsection (f)(2) of this
section are utilized, the credit provisions of
this section shall apply at such time as the
aggregate sales and use taxes legally imposed by
and paid to other statutory or home rule
municipalities on any such equipment equal two
percent.
(4) In order to avail himself of the provisions of
this section, the taxpayer shall comply with the
following procedure:
(i) Prior to or on the date the equipment is
located within the boundaries of the city,
the taxpayer shall file with the city an
equipment declaration on a form provided by
the city. Such declaration shall state the
dates on which the taxpayer anticipates
the equipment will be located within and
removed from the boundaries of the city,
shall include a description of each such
anticipated piece of equipment, and shall
include such other information as reasonably
deemed necessary by the city.
(ii) The taxpayer shall file with the city an
amended equipment declaration reflecting any
changes in the information contained in any
previous equipment declaration no less than
once every ninety days after the equipment is
brought into the boundaries of the city or,
for equipment which is brought into the
boundaries of the city for a project of less
than ninety days duration, no later than ten
days after substantial completion of the
project.
(iii) The taxpayer need not report on any equipment
declaration any equipment for which the
purchase price was under $2,500.
(5) If the equipment declaration is given as
provided in subsection (f)(4) of this section,
then as to any item of construction equipment for
which the customary purchase price is under $2,500
which was brought into the boundaries of the city
14
temporarily for use on a construction project, it
shall be presumed that the item was purchased in a
jurisdiction having a local sales or use tax as
high as two percent and that such local sales or
use tax was previously paid. In such case the
burden of proof in any proceeding before the city,
the Executive Director for the Department of
Revenue, or the district court, shall be on the
city to prove such local sales or use tax was not
paid.
(5) If the taxpayer fails to comply with the
provisions of subsection (f)(4) of this section,
the taxpayer may not avail himself of the
provisions of subsection (2) of this section and
shall be subject to the provisions of subsection
(1) of this section (f). However, substantial
compliance with the provisions of subsection (4)
of this section shall allow the taxpayer to avail
himself of the provisions of subsection (2) of
this section (f).
Section 21-12. Same Exemptions.
There shall be exempt from the tax provided in section
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.
(b) Tangible, personal property, which if it were sold at
retail within the city, would be exempt from sales tax under the
provisions of section 21-5, with the exception of disposable
medical accessories, including, but not limited to, hypodermic
syringes and needles or related accessories.
(c) Tangible personal property brought into the city by a
nonresident for his own use, storage, or consumption while
temporarily within the city.
(d) Tangible personal property of a resident which was
acquired prior to his becoming a resident.
(e) Tangible personal property purchased or leased from a
vendor by a person engaged within the city in the business of
manufacturing for wholesale sale or compounding for wholesale
sale, when such tangible personal property is 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.
15
(f) Any right to the continuous possession or use for three
years or less of any article of tangible personal property under
a lease or contract, only if the lessor has sought and been
granted permission from the city to pay and has paid to the city
a sales or use tax on such tangible personal property upon its
acquisition. If such permission has not been sought or granted
pursuant to this section the provisions of section 21-11(c) shall
apply.
(1) With regard to the right to the continuous
possession or use for three years or less of any
article of tangible personal property under a
lease or contract, the lessor shall collect and
remit sales tax on each lease payment received on
such property, subject to the provisions of this
section.
(2) Where the lessor does not lease tangible personal
property in the ordinary course of business and
wishes to engage in a one-time transaction with
respect to an article of tangible personal
property, he may request permission from the city
to pay a sales or use tax on such article of
tangible personal property upon its acquisition,
and the city may grant such permission.
Section 21-13. Same - Rate of tax; date due, form of return;
periodic reporting and payment authorized; no
building permit or certificate of occupancy until
paid; deficiency, penalty.
(a) Every purchaser,
personal property, and eve
shall be taxed pursuant to
at the rate of two percent
personal property not made
Section 21-12 hereof which
consumed within the city.
consumer, user, owner or lessee of
ry owner or lessor of real property,
the provisions of section 21-11 hereof
of the purchase price of any item of
exempt from taxation pursuant to
is stored, used, distributed, or
(b) On or before the thirtieth day of the month following
the month of purchase of, or the month of commencement of use or
storage of, tangible personal property which is taxable under the
provisions of this article, every person or entity subject to,
and liable for payment of the taxes hereby imposed shall complete
and return to the treasurer, on a form prescribed by and
acceptable to the treasurer, a schedule of personal property
subject to said tax, and shall at the same time pay the tax
imposed hereby.
(c) Upon the prior written appro
shall be evidenced by said treasurer's
endorsed by the taxpayer, any taxpayer
and pay accrued taxes at intervals not
year, in lieu of reporting and payment
occurrence of each taxable event.
val of the treasurer, which
signature on an agreement
may file periodic reports
greater than once per
of taxes upon the
16
(d) No building permit shall be issued to any person who is
purchasing, using, storing or consuming materials or other items,
or who intends to purchase, use, store or consume materials or
other items, for the purpose of building, adding onto, or
otherwise making improvements to any real property within the
city unless and until provision is made pursuant to this
subsection for the payment to the city of the tax imposed hereby.
Any person applying for any such building permit shall elect to
comply with, and shall thereafter strictly comply with, either of
the following procedures:
(1) Upon submission by a person of an application for
a building permit to the building inspector, said
building inspector shall, using the valuation
tables codified in section 5-81 of this code,
estimate the costs to complete said building or
other improvements for which said building permit
is sought. Upon completion of said estimate, the
applicant for said building permit shall remit to
the building inspector, as the agent of the
treasurer, the tax imposed hereby, an amount equal
to two percent of fifty percent of the total
estimated cost derived by the building inspector.
Upon payment of this sum by applicant to the
building inspector, applicant shall be entitled to
present to the treasurer receipts evidencing the
retail value of the items or materials purchased,
used, consumed or stored, and subject to taxation
hereunder. In the event the total tax thereby
determined to be owed to the city is less than the
amount previously paid to the city to allow
issuance of the building permit, taxpayer shall be
entitled to a refund of the difference between the
amount previously paid and the amount subsequently
determined to be owed. In the event, however, the
tax so determined to be owed is greater than the
amount paid at the time of issuance of the
building permit, the taxpayer shall forthwith pay
the additional tax owed to the city.
(2) In the event an applicant desires not to pay the
estimated tax pursuant to the procedure provided
for in paragraph (1) above, the following
procedure shall be followed: Upon submission by a
person of an application for a building permit to
the building inspector, said building inspector
shall, as the agent of the treasurer, procure the
signature of applicant on a written agreement,
prepared by and on a form acceptable to the
treasurer, obligating applicant to comply with the
procedures of subsection (b) of this section
21-13, which agreement shall expressly provide for
the issuance of a stop-work order by the building
17
inspector upon failure of applicant/taxpayer to
return the forms and make the payments required
hereby.
Notwithstanding any provision of this Code to the contrary, no
certificate of occupancy shall be issued by the building
inspector unless and until all taxes imposed hereby have been
received by the city.
(e) Interest charges for deficiency and interest and
penalty charges for failure to report and pay the taxes as
orescribed in section 21-10 hereof shall be likewise applicable
to the tax due under this section 21-13.
Section 21-14. Non-Resident Vendor.
(a) It shall be unlawful for any nonresident vendor to
engage in business in the city without first having obtained a
license in accordance with section 21-2. Any nonresident vendor
engaged in business in the city shall have the same tax liability
and responsibility for reporting and collecting the city use tax
on sales to city residents as a resident vendor has with respect
to sales tax pursuant to this chapter.
(b) For purposes of this section, a nonresident vendor
engages in business in the city when selling, leasing, or
conducting any activity in connection therewith in the city for
the use, storage, consumption or distribution of taxable personal
property with the city. This term shall include, but not be
limited to:
(1) The maintaining, within the city, directly,
indirectly, or by a subsidiary, of an office,
salesroom, warehouse, or other place of business.
(2) The soliciting, by salesmen, representatives or
agent of business, from persons residing in the
city and, by reason thereof, receiving orders
therefrom.
(3) The purchasing or leasing 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.
(c) In the event that the sales tax inspector has
reasonable cause to believe that a nonresident vendor is engaged
in business in the city without first having obtained a license,
he may schedule a hearing before the treasurer or his designee,
upon not less then ten days' written notice to the nonresident
18
vendor, to determine whether or not such vendor is engaged in
business within the city, and 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.
(d) In the event that a nonresident 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 and
used in any manner in furtherance of or to facilitate the
transaction of the vendor's business in the city. 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. 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
pursuant to Rule 106(a)(4) of the Colorado Rules of Civil
Procedure.
(e) If the vendor fails to apply for a license within the
thirty days from the date of impoundment, the sales tax inspector
may estimate the taxes due in accordance with section 21-18 and
collect such taxes pursuant to this article from the proceeds of
the impounded property.
Section 21-15. Motor Vehicles.
(a) 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, which is purchased by a resident of the city or other
person for use within the city, shall be registered in Jefferson
County, nor shall title to a motor vehicle as defined herein be
transferred within Jefferson County by the county clerk of the
respective county, if the tax imposed by the provisions of this
article has not been paid.
(b) The determination of the address of registration for
the purpose of establishing liability under this article for
sales or use taxes on motor and other vehicles required to be
registered shall be made by considering the following factors:
(1) the address of the taxpayer's voter registration,
if any;
19
(2) the location of school registration of the
taxpayer's children, if any;
(3) the address where the vehicle is normally parked
or stored as shown on the vehicle registration,
insurance policy, application for vehicle
registration; and
(4) the location where the vehicle is customarily or
usually parked, stored, or garaged.
Section 21-16. Burden of proof as to exemption; keeping of
records.
(a) The burden of proving 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 section 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 sales tax inspector or his agents. Failure to
keep and preserve suitable records as required by this section
shall be a violation of this code.
(b) Required records need not be stored or kept within the
city, but it they are not, they must be, upon request of the sale
tax inspector, produced for inspection either at the taxpayer's
place of business within the city or at the Wheat Ridge City Hall
no later than fourteen days from the date of request.
(c) When the sales tax inspector has scheduled an audit or
examination 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 twenty-five dollars; 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.
20
Section 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 o.1 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 stated herein.
Section 21-18. Refusal to report; estimate of tax; emergency
collection procedures.
(a) In the event any taxpayer:
(1) Refuses to report in accordance with the
provisions of this article;
(2) Fails to comply with the provisions of section
21-13 of this article;
(3) Who, being the seller of a business, fails to file
the report and remit the taxes required in section
21-17 of this article;
(4) Intends to leave the city without paying any taxes
which are lawfully owed;
(5) Removes, or intends to remove, property subject to
tax hereunder from the city, or to sell any such
property with the intent to remove the proceeds
of sale from the city without paying tax thereon;
or
(6) Engages or intends to engage in any activity which
the treasurer reasonably believes to jeopardize
collection of taxes authorized hereunder
Thereby prohibiting the establishment by the treasurer of an
accurate and exact amount of tax due, the treasurer may, in any
reasonable manner possible, estimate the amount of tax due, to
which interest at the rate of one percent per month from the date
the tax was due and a penalty of ten percent of the amount of tax
and interest shall be added.
(b) When an estimate of taxes 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's business establishment or
last known address. Unless the taxpayer files a written demand
for administrative hearing and determination of tax liability, as
provided in section 21-20 hereof, within ten days from the date
of receipt of such notice, he shall conclusively be deemed to
have accepted the estimate as a fair and accurate determination
21
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 as provided in section 21-20 hereof.
(c) In any case wherein it appears that collection of
revenues from taxes lawfully imposed hereby is in jeopardy, the
treasurer may immediately issue demand for payment. Upon
issuance of said demand for payment, the tax required therein
shall be due and payable, and the treasurer may proceed forthwith
to collect said taxes by any lawful means, including, not by way
of limitation, filing of liens upon the property subject to tax,
issuance and execution of distraint warrants, or filing of
summons and complaint in any competent court; provided, however,
that collection under this section 21-18 may be stayed upon the
provision by taxpayer to the treasurer of such security as, in
the opinion of the treasurer, shall be satisfactory to insure
payment to the city of all taxes lawfully owed by taxpayer.
Section 21-19. Limitation of action.
(a) No sales or use tax, or interest thereon or penalties
with respect thereto, shall be assessed, nor shall any notice of
lien be filed, or distraint warrant issued, or suit for
collection be instituted, nor any other action to collect the
same be commenced, more than three years after the date on which
the tax was or is payable nor shall any lien continue after such
period, except for actual or estimated taxes assessed before the
expiration of such period, notice of lien with respect to which
has been filed prior to the expiration of such period, in which
case such lien shall continue only for one year after the filing
of notice of lien with respect to which has been filed prior to
the expiration of such period.
(b) In the case of a false or fraudulent return with intent
to evade tax, or in the case of a failure to file a return, the
tax together with interest and penalties thereon may be assessed,
or proceedings for the collection of such taxes may be begun at
any time.
(c) Before the expiration of such period of limitation, the
taxpayer and the treasurer may agree in writing to an extension
thereof and the period so agreed on may be extended by
susbsequent agreements in writing.
Section 21-20. Taxpayer's remedies.
(a) For transactions consummated on or after January 1,
1986, when the city asserts that sales or use taxes are due in an
amount greater than the amount paid by a taxpayer, the city shall
mail a deficiency notice to the taxpayer by certified mail. The
deficiency notice shall state the additional sales and use taxes
due. The deficiency notice shall contain notification, in clear
and conspicuous type, that the taxpayer has the right to elect a
22
state hearing of the deficiency pursuant to 29-2-106.1(3), C.R.S.
As used in this section, "state hearing" means a hearing before
the executive director of the department of revenue or delegate
thereof as provided in 29-2-106.1(3), C.R.S.
(b) In the event that the taxpayer disputes the tax
liability imposed by any deficiency notice, he shall file a
written demand for an administrative hearing and determination of
tax liability within ten (10) days of receipt of the notice,
which demand will stay the sale under any distraint warrant until
the conclusion of the hearing. This demand shall include the
name, business address and license number of the taxpayer, a copy
of the notice sent by the city, the taxable periods and the
amounts of tax which are being disputed, and a statement of the
grounds upon which the taxpayer bases his claim. Upon receipt of
the taxpayer's written demand, the city treasurer shall set the
time and place for the hearing, to be held as quickly as
possible, and shall appoint as the hearing officer any qualified
person who has education or experience in tax administration
matters and who can render a proper decision. 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 termination of tax liability
shall constitute a waiver of the right to contest such liability;
however, when such determination is requested or when a request
for a refund is timely made, the final decision rendered therein
shall be appealable as provided herein.
(c) The hearing provided in subsection (b) shall be
informal and no transcript, rules of evidence, or filing of
briefs shall be required, but the taxpayer may elect to submit a
brief, in which case the city may submit a brief. The city shall
hold such hearing and issue the final decision thereon within
ninety days after the receipt of the taxpayer's written request
therefor, except the city may extend such period if the delay in
holding the hearing or issuing the decision thereon was
occasioned by the taxpayer, but, in any such event, the city
shall hold such hearing and issue the decision thereon within one
hundred eighty days of the taxpayer's request in writing
therefor.
(d) If the dispute was not resolved by the informal
hearing, the taxpayer may elect one of the following avenues of
appeal within thirty days of the city's final decision:
(1) The taxpayer may request a formal hearing on the
record before a city hearing officer, which shall
be held within sixty days of the taxpayer's
request. Any appeal from the decision rendered
after such formal hearing shall be pursuant to
Rule 106(a)(4) of the Colorado Rules of Civil
Procedure.
23
(2) If the deficiency notice or claim for refund
involves only the city, the taxpayer may appeal
such deficiency or denial of a claim for refund to
the district court of the County of Jefferson as
provided in C.R.S. §29-2-106.1(8).
(3) The taxpayer may elect a state hearing on the
deficiency or denial of claim pursuant to C.R.S.
X29-2-106.1(3).
(e) The taxpayer shall have no right to any form of appeal
if he has not exhausted his administrative remedies or if he
fails to request a hearing within the time period provided in
this subsection. For purposes of this subsection, "exhaustion of
administrative remedies" means:
(1) The taxpayer has timely requested in writing a
hearing before the city and the city has held such
hearing and issued a final decision thereon or
(2) The taxpayer has timely requested in writing a
hearing before the city and the city has failed to
hold such hearing or has failed to issue a final
decision thereon within the time periods provided
in subparagraph (c) above.
(f) Except in the event that the taxpayer elects the avenue
of appeal specified in subsection (d)(1) above, the taxpayer
shall post a bond or other security as required by state law as a
condition precedent to exercising his right to appeal.
Section 21-21. Additional remedies of city.
(a) Any sales or use 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 prior lien upon: (1) the goods,
stock-in-trade, and business fixtures of or used by any retailer
under lease, title-retaining contract or other contractual
arrangement; and (2) the real and personal property owned or
leased by any person, 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 taxes dues. Anyone who takes title
to or possession of a business, fixtures, or stocks by purchase,
foreclosure, or otherwise, takes same subject to the 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.
Any person who takes title to or possession of any real property
upon which a use tax is owed takes said property subject to the
24
lien for said delinquent tax and shall be liable for payment
thereof to the extent of the tax, interest, penalties and
collection costs.
(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 on the payment of sales or
use tax, interest and penalty, and may be served and the goods or
property subject to such liens seized and sold by the treasurer
or any member of the city police department.
(c) Goods or property 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 within the city. Such goods or other property
whether real or personal may be redeemed by the taxpayer any time
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) A notice of lien shall be served on the taxpayer and a
copy of such notice shall be filed in the real estate records of
Jefferson County prior to the issuance of a distraint warrant.
(e) In lieu of seizure of property pursuant to a distraint
warrant, the treasurer may cause a civil action to be filed in
the district court of Jefferson County to enforce the city's lien
for such tax upon the real property situated in that county or in
any other county in the state which may be subject to such lien
or to subject any real property or any right, title, or interest
in real property to the payment of such tax. The court shall
adjudicate all matters involved in such action and may decree a
sale of the real property and distribute the proceeds of such
sale according to the findings of the court in respect to the
interest of the parties and of the city. The proceedings in such
action and the manner of sale, the period for and manner
of redemption from such sale, and the execution of a deed of
conveyance shall be in accordance with the law and practice
relating to foreclosures of mortgages upon real property. In any
such action, the court may appoint a receiver of the real
property involved in such action if equity so requires.
(f) Recovery of Unpaid Tax by Action of Law:
(1) The treasurer may also treat any such taxes,
penalties or interest due and unpaid as a debt due
the city from the taxpayer.
(2) In case of failure to pay the taxes, or any
portion thereof, or any penalty or interest
thereon, when due, the treasurer may recover at
law the amount of such taxes, penalties and
25
interest in any county or district court of the
county wherein the taxpayer resides or has his
principal place of business having jurisdiction of
the amounts sought to be collected.
(3) The return of the taxpayer or the assessment made
by the city, as herein provided, shall be prima
facie proof of the amount due.
(4) No such civil action may be filed by the city
until the time for the taxpayer to exercise his
administrative remedies or to file an appeal has
expired.
(5) This remedy shall be in addition to all other
existing remedies available to the city.
Section 21-22. Administration, duties of treasurer.
The administration of sections 21-1 through 21-21 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 21-23. Legislative intent.
The purpose of this Chapter is to provide the power
necessary to exercise effectively the right to raise revenue that
is essential to home rule and self-government. Any similarities
to state law herein are adopted for the purpose of promoting
efficiency in the collection of revenue. Regardless of any such
similarity, the provisions contained herein are matters of solely
local concern.
Section 2. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 3. 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 application to other persons or circumstances.
Section 4. This ordinance shall take effect 15 days
after final publication.
26
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
6 to 0 on this 9th day of December , 1985,
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 January 13 , 1986, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 13th day of January
, 1986.
SIGNED by the Mayor on this 14th day of January
1986.
ATTEST:
Wanda Sang, City C1 rk
1st Publication: 12/12/1985
2nd Publication: 1/23/1986
Wheat Ridge Sentinel:
Effective Date: January 1, 1986
Frank Stites; Mayor
APPROVED A T ;FOR BY
Y ORNE
CTT OFFICE 7
John Hayes
27
Y: