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HomeMy WebLinkAboutOrdinance-2007-1401 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER AnAl'~ Council Bill No. 22-2007 Ordinance No. 1401 Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED WHEREAS, pursuant to the Wheat Ridge Code of Laws ("Code") Section 22-49, the treasurer is directed to and has cooperated with and participated with the statewide sales and use tax committee convened by the Colorado Municipal League, composed of state and municipal sales and use tax officials and business officials; and WHEREAS, such committee was formed to meet for the purpose of discussing and implementing a plan to simplify the sales tax matters, such as collection of taxes, among Colorado home rule municipalities; and WHEREAS, it is recognized that retailers collecting sales tax in Colorado have historically faced problems when sales tax is remitted to the incorrect municipality and such errors have had the effect of many retailers paying twice the amount of sales tax owed and municipalities spending time and resources to collect the correct taxes owed; and WHEREAS, the City Council ("Council") of the City of Wheat Ridge ("City") recognizes the benefit that the presence of retailers and the collection of sales tax brings to the City; and WHEREAS, the Council recognizes that seeking resolution to sales and use tax collection problems which routinely plague Colorado home rule municipalities in general, and specifically the' City will benefit both retailers and the City; and WHEREAS, the Colorado Municipal League has recommended the adoption of the following ordinance in an effort to simplify the sales tax collection process, the substance of which being that retailers shall be held harmless if they fail to remit tax to the correct municipality, based solely on an error in a state- certified address locator database; and WHEREAS, the Council believes it to be in the best interest of the City to adopt the recommended ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following Section 22-59 is hereby enacted and inserted as a new section to Chapter 22, Division 2 of the Wheat Ridge Code of Laws: Sec. 22-59. Remittance of tax; electronic database; retailer held harmless. (a) Any retailer that collects and remits sales tax to the city as provided in this Division may use an electronic database of state addresses that is certified by the state department of revenue pursuant to 9 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed. (b) Any retailer that uses the data contained in an electronic database certified by the state department of revenue pursuant to 9 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed shall be held harmless for any tax, penalty, or interest owed the city that otherwise would be due solely as a result of an error in the electronic database, provided that the retailer demonstrate that the retailer used the most current information available in such electronic database on the date that the sale occurred. Each retailer shall keep and preserve such records as prescribed by the manager of revenue to demonstrate that the retailer used the most current information available in the electronic database on the date that the sale occurred. Notwithstanding the above, if the error in collecting and remitting is a result of a deceptive representation, a false representation, or fraud, the provisions of this section shall not apply. Section 2. Severability: Conflictina Ordinances Reoealed., If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5;11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 27thdayof August ,2007, 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 September 10 ,2007, at 7:00 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 10th day of September ,2007. SIGNED by the Mayor on this ATTEST: ~ Michael Snow, City Clerk First Publication: August 30, 2007 Second Publication: September 13, 2007 Wheat Ridge Transcript Effective Date: September 28, 2007 11th day of Sentemner i1 /}lff)-;:r p;vU0 Jerr1Xf}#ro, Mayor ,2007. ~..;;~ 6Jdk1 Gerald E. Dahl, City Attorney