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(a) Title to the rental taxes collected pursuant to the chapter shall vest in the City upon collection. Such taxes shall be safeguarded until transmitted to the City as hereinafter provided. On or before the last day of the month following the end of each quarter, all operators who are current in hotel/motel room tax filings and payments shall prepare and submit a return furnished by the City for the preceding quarter to the Finance Department of the City. Operators who have either failed to file a valid hotel/motel room tax return or pay the related tax by the above due date, and have failed to cure the delinquency within ten days after written notice is sent by regular mail by the City, shall be required to file returns monthly for six months. Monthly returns are due on or before the last day of the following month. In addition, the operator may be required to submit such books and records as necessary to substantiate the amounts shown on the return. (Ord. 1547-93)

(b) The operator shall sign the return and transmit it together with applicable taxes on or before the due date. If taxes have not been received by the City by the due date of the return, the operator shall incur a penalty equal to ten percent (10%) of the tax liability. In addition to the aforesaid penalty, interest at the rate of ten percent (10%) per year, computed monthly, on the delinquent tax from the date of delinquency until paid shall accrue and be collected in the same manner the delinquent tax is collected.

(c) Every operator engaged in business within the City shall keep and preserve suitable records of all rentals made by him and such other books or accounts to determine the amount of tax he is required to collect. All books and records shall be maintained for a period of three (3) years after any reporting period, and shall be available for examination at reasonable times by the City Finance Director to ascertain the correctness of a return or to determine the amount of tax collected or levied.

(d) In the event the City is unable to ascertain the amount of tax due from an operator because the operator has failed to keep accurate records, to allow inspection of records, failed to file a return or falsified records, then the City shall estimate the tax due based upon any information available to it. The estimate shall become final for the purpose of determining liability of the operator in thirty (30) days unless the operator earlier files an accurate auditable return supported by records indicating a lesser liability or unless a greater liability is shown upon audit. The City’s estimate will include an audit estimate fee of one hundred dollars ($100.00) that is payable regardless of whether or not the operator files his/her own returns.

(Ord. 1608-94)