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HomeMy WebLinkAboutOrd1949-190 ~ CITY 0]' SEW/.ED Seward, Alaska Tax Ordinance No. 1~~2% Sales Tax AIr ORDINJ~CE LEVYING A CONSUMERS OR RETAIL SALE TAX IN THE CITY OF SEWARD, ALASU, J~ND PROVIDING FOR ADMINISTRATION, METHODS OF COLLECTION AND ~ENALTIES. WHEhEJ.S, an unprecedented increase in enrollment in the city school is being experienced without a corresponding in- crease in General Revenue funds, and, WHEilEAS, 'the City of Seward does not have sufficient funds to operate its school system thru the current year, end, iiHEhEA.S, Subsection 17 of Section 2383, Compiled Laws of Alaska 1933, and Subsection Nine of Section 16-1-35 ACLA 1949, authorizes the City Council "To take such other action by ordinance, resolui.ion or otherwise as may be necessary to pro- tect and preserve the lives, the health, the safety and the well-being of the people of the City," and, WHEREAS, the Council of the City of Seward hereby declares that an emergency exists and that action is neoessary by the Ordinance to protect the health and well-being of the people of Seward by providing additional funds for the operation of present facilities and for the construction and operation of more adequate educational and public health facilities, and to provide for betterment of the schools and to pay for such school operations, publiC health and sanitation. NOW T:HEliEF'OnE BE IT ORDAINED BY THE COMMON COUNCIL Oli THE CITY OF SEdARD, AUSA.A: SECTION l--Tax rate--Sales subject to tax--~ertain sales deolared sales to consumers or users--Deolaring a two per cent (2%) tax upon alcoholio beverages and a two per cent (2~) tax upon all other sales as herein designated, for said school pur- poses and for retiring school indebtedness, public health. the City sanitation, and public welfare. Tax Ordinance No. 190--2~ Sales Tax 2 (A) Two per cent (2%) of the gross revenue derived from retail sales of all alcoholic beverages sold or dispensed for consumption on or off the premises. I (!) Two per cent (2%) of the gross revenue derived from all other retail sales made in the City, said revenue being computed in dolars and the tax payable by the retailer, and/or two per cent (27bl of the gross revenue computed in dOllars, derived from services performed, payable by the person receiving such remuneration; providing said sales and/or revenue for ser- vices exceeds one hundred dollars ($100.00) in any calendar year; save and excepting Ifremuneration for services" shall not be con- strued to include salaries and wages received by an employee from an employer but shall include the gross remuneration received for furnishing labor and materials for accomplisbing a speCified result. (C) Lll tangible personal property. (D) Natural or artificial gas, electricity, ice, steam or any public service or public utility including water. (EI Transportation for hire of persons by common carriers, including motor transportation, taxicab companies and all other means of transportation for hire. (F) Services by telephone companies to subscribers or users, including transmission of messages, whether local or long distance. This shall include all services and rental charges hav- ing any connection witb transmission of messages. (G) Printed matter or printing of all types, kinds, and characters and the service of printing or over printing. (H) The service of renting rooms or living quarters by hotels,a".:rL__Le, rooming houses, public lodging bouses or by firms or individuals renting multiple units of more than three rooms. .~ me~&-4h~rrl~8-~;arn~~nt~ (I) Foods, confections and all drinks sold and dispensed by hotels, restaurants, or other dispensers, and sold for immediate consumption upon the premises or delivered or carried away from the premises for consumption elsewhere. r- ~ ~ax Ordinanoe No. 190--2~ Sales Tax 3 (J) Advertising of all kinds, types and characters origina ting in Seward or ad jacent areas, includ ing any and all devioes used for advertising purposes and the servicing of ad- vertising devices. (K) Gross proceeds derived from the operation of slot maohines, marble machines, juke boxes, merchandise vending machines or amusement devices of any kind. (L) ~he sale of tickets or admissions to plaoes of amusement, to athletic entertainment, recreational events, or dues or fees for the privilege of having acoeS8 to or the use of amuse- ment, entertainment, athletic or recreational facilities, including free or complimentary passes and tickets, admissions, dues, or fees. Such free or complimentary passes and tickets, dues or fees are hereby declared to have a value equivalent to the sale price or value of said tickets, passes, admissions, fees, or dues. (M) ]'or the purposes of this Ordinance, sales and services of tangible personal property made for the purpose of developing and improving real estate even though such real estate is intended for resale as real property, are hereby declared to be sales to sonsumers or users. Sales and/or services of tangible personal property, including meterials, supplies and equipment, made to contractors who use same in the performance of any con- tract, are hereby declared to be sales to consumers or users and not sales for resale. Sales of tangible personal property to persons who are primarily engaged in selling their services shall be deemed sales to oonsumers or users and therefore taxable. ~ECTION 2--Exceptions and exemptions. (A) The gross receipts or gross prooeeds derived from the sale of tangible personal propert:,;' or services by churches, except where such organizations may be engaged in business for profit or savings, competing with other persons engaged in the same or similar business. r' Tax Ordinance No. 190--2% Sales ~ax 4 (B) Gross receipts or proceeds derived from the transportation to and from grade or high schools in motor or other vehicles. , (c) Gross receipts or proceeds derived from the sale of food on public common, high sohoo1 cafeterias or lunch rooms operated primarily for teaohers and pupils, and not operated pri- marily for the public and not operated for profit. (D) Gross receipts or proceeds derived from carrier sales made directly to consumers or users of newspapers or any other periodicals. (E) Gross receipts or proceeds from servicing, freezing, storing, handling or wharfing of fish or any other commodities awaiting shipment or in the process of being shipped. (F) Gross receipts or prooeeds derived from sales to the United ~tates Government, ~erritory of Alaska, City of ~eward,. or any of its political subdivisions. SECTION 3--Tax due when--Filing of returns, records. (A) The tax levied hereunder shall be due and payable at the expiration of each month's business by any person or corporation liable for the payment of any tax due under this Ordinanoe and for the purpose of ascertaining the amount of the tax payable under this Ordinance, it shall be the duty of all taxpayers on or before the lOth day of the month immediately following the close of each month to deliver to the City Clerk upon forms prescribed and furnished by him, returns under Oath, showing the gross receipts or gross pro- ceeds arising from all sales taxable or non-taxable under this Ordinance, during the proceeding month~ and thereafter like returns shall be prepared and delivered to the said City Clerk by all such taxpayers on or before the 10th day of each succeeding month. Suoh returns shall show such further information as as the City Clerk may require to enable him to compute correctly and collect the tax helein levied. In addition to the information required 011 returns, the ~ity Clerk may request and the taxpayer r" Tax Ordinanoe No. 190--2~ Sales Tax 5 must furnish any information deemed neoessary for a oorreot oom- putation of the tax. Suoh taxpayer shall compute and remit to the City Glerk the required tax due for the preoeeding month, and the remittanoe or remittances of the tax must acoompany the returns herein required. If not paid on or before the 10th day of eaoh month immediately following the close of each month, the tax shall be delinquent from such date, and oollection will be enforoed under the terms of the Ordinance as set forth in paragraph four of Se otion .b'our. (B) It shall be the duty of every taxpayer required to make a return and pay any tax under this Ordinanoe, to keep and preserve suitable reoords of the gross daily sales together with invoioes of purchases and sales, bills of lading, bills of sale and other pertinent records and doouments which may be neces- sery to determine the amount of tax due hereunder and suoh other reoords of goods, wares, merohandise aud other subjeots of taxa- tion under this Ordinance as will substantiate aud prove the ao- curaoy of such returus. It shall also be the duty of every person who makes sales for resale to keep reoords of such sales whioh shall be Bubjeot to examination by the City Clerk or any authorized employee thereof while engaged in oheoking or auditing the reoords of any taxpayer required to make a report under the terms of this Ordinance, and cause the books to be audited and examined. All such records shall remain in the ~ity of Seward and be preserved for a period of three (3) years, unless the City Clerk in writ~ng, has authorized their destruction or disposal at an earlier date, and shall be open to examination at any time by the Oi ty Clerk or any authorized employee thereof while engaging in checking such records. The burden of proving that a sale was not a taxable sale shall be upon the person or persons making the sale. r Tax Ordinance No. 190--2% Sales Tax 6 Seotion 4--Vendor's duty to oollect tax--Failure to comply--hebate to consumer prohibited--Penalty. (A) The tax levied hereunder shall be paid by the con- sumer or user to the vendor, and it shall be the duty of each and every vendor of the City to oolleot from the consumer or user, the full amount of the tax imposed by this Ordinance, exoept that the tax on receipts of proceeds from various mechanical devioes as stipulated in paragraph (K), Section 1, shall be paid by the owner and/or operator thereof. (B) Vendors shall add the tax imposed under this ordinance or the average equivalent thereof, to the sales price or charge, and when so added suoh tax shall constitute a part of such price or charge and shall be reooverable at law in the same manner as other debts. Performers and/or sellers of services shall be considered vendors for the purpose of this Section. (e) Vendors shall add this tax to the sale prioe or service charge in strict accordance with the following scale: (See inside back cover). CD) A vendor whO willfully or intentionally fails, neglects or refuses to collect the full amount of the tax im- posed by this Ordinance or Willfully or intentionally fails, neglects or refuses to oomply with the provisions of this Ordinanoe, or remits or rebates to a consumer or user, either direotly and by whatsoever means, all or any part of the tax levied by this Ordinance, shall be deemed guilty of a mis- demeanor, and upon oonviction thereof shall be fined not more than one hundred dollars ($100.00), and upon oonviction for a seoond or other subsequent offenses, shall be fined not more than five hundred dollars ($500.00), or imprisonment in the City Jail for not more than thirty (30) days, or both. (E) Provided: It 1s provided, however, that in oases where the Vendor or Serviaor finds it necessary to absorb the r< Tax Ordinance No. lSO--2~ Sales Tax 7 tax herein levied because of the expense or difficulty of sys- temizing an adequate method of collecting this tax, may have an opportunity to elect on January 1 of each year whether he desires to assume and pay the tax himself by applying to the City Clerk for authority to assume the tax. Anyone who so elects to assume or to pay the tax in lieu of making the collection will be required to pay 2~ on the en- tire gross book sales of his establishment and must furnish and post up in their establishment s placard stating permission has been granted for him to assume the Sales snd ~ervice Tax, in this Act required to be assessed. Section 5--Discount. At the time of transmitting the returns required under this Ordinance to the City Clerk, the person or persons filing such returns shall remit therewith to the City Clerk, except as hereinafter provided, ninety-seven per cent (97~) of the tax due under this Ordinance, snd the failure to remit such tax at the time of filing the returns shall cause said tax to become delinquent; provided however, in the event the payment of any tax due under the applicable provisions of this Ordinance be- comes and remains delinquent for a period of five days (5), the taxpayer forfe its his cla L to the three per cent (3ro) discount and must remit to the ~ity Clerk one hundred per cent (lOO~) of the tax due. This discount is allowed the seller or vendor to compensate for his keeping sales tax records, filing returns and remitting t~e tax when due as ~equired by this. Section 6--~esignating a depository snd providing for administration. (A) All monies accumulated under the terms of this Ordinance shall be deposited by the ~ity ~lerk with the ~ank of Seward in an aooount to be ti Ued "Eduoation and Publio Health and Sanitation", and no part of these funds may be diverted to any other than herein stipulated except that the ~ity Council 1:ax Ordinance Ho. 190--2,0 Sales '..ax 8 may direct the City Clerk to invest any portion thereof in United states Goverument Bonds, pending its immediate need for those stipulated purposes. (B) ~xpenditures from this fund may be made at the discretion of the City Council, by nesolution or Ordinance, but only for the purpose of operating, maintaining, improving or increasing public educational facilities, public health, end sanitation. Section 7-- (L) By carriers, truckmen, busses, cabs, etc., handling transportation of passengers or freight originating or terminating within the City of Seward, Shall pay a service tax charge of two per cent (2~) of one dollar ($1.00) only per passenger end two per cent (2%) for two dollar. ($2.00) only per trip for transportation of freight. (B) !rhere shall be no sales tax levied upon wholesale business or wholesale sales or upon passing commerce in bulk. (C) All taxpayers shall make their reports and remit their tax monthly, the report and the tax to arrive in the City Hall not later than ten (10) days efter the close of the previous month's business. CD) That all retail sales and services, etc., are to produce two per cent (2%) tax upon all business transacted within the City of Seward regardless of the residence of the p~rchaser or one receiving the services. EIU'ORC~;:ENT OJ!' T HE ACT: Whenever the City Council, by a resolution or ordinance, authorizes and requires the inspection of the books and records-- sales books or otherwise--of any person or corporation coming come under the jurisdiction of the Ordinance, it shall be-fthe duty of such person or corporation to forthwith faithfully and openly allow said inspection to be made by the authorized person designated by the City Council to make such inspection. The inspection r- Tax Ordinance No. 1~0--2% Sales Tax 9 aforesaid shall be limited in its examination of the purchase books to show the gross amount of purchases end the sales books to show the gross amount of sales and other records necessary to enable the authorized person to check, determine and levy the two per cent (2%> sales tax in cases where it is doubtful that the full amount of tax has been previously accounted for and paid and that this inspection shall be used for the purpose of finding the amount of exact tax due to the oity only. The refusal to permit full inspection of the books of a taxpayer of person or corporation coming within the purview of this act or to refuse to report upon the monthly accounts, or to remit the tax due under this Ordinance will be a violation of this Ordinance and is herebl declared to be a misdemeanor snd upon conviction shall be subject to one or the other set of punishments prescribed in this Ordinance. PENALTY: Every act prohibited by this Code is hereby declared un- lawful; unless another penalty i8 expressly provided by this Ordinance for any particular provision or section, every person oonvioted of a violation of any provision of this Ordinance, or any rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section shall, unless an- other penalty is expressly provided, apply to the amendment of any section of this Ordinance whether or not such penalty is re- enaoted in the amendatory ordinance. r Tax Ordinance No. 190--2je Sales Tax 10 Section 8--Partial Invalidity. If any section, subsection, sentence, clause, or phrase of this Ordinance is held to be invalid, the decision shall not affect the validity or the meaning of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. All ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. This Ordinance shall take effect and be in full force from and after the date of its passage and approval, provided this Ordinance receives the consent of fifty-five per cent (55%) or more of the qualified voters of the municipality first obtained by a ....eferendum Vote at t~he special election held for this purpose on ~eptember ~, l~49. This Ordinance passed and approved this ~ day of September 194~ under suspension of the rules. . :J"-+ '. ..~ ~t~ . L1J:HER, Mayor Sews.rd, Alaska ATTEST: ~ (1i~ C y" erk {/ r " Tax Ordinanoe No. 190--2'7;; Sales 'J.ax 11 ( For Bao.: Cover) COLLECTION SCALE Sales Tax - .24 & under . . . . . . . . None .25 to .50 . . . . . . . . .01 .51 to 1.24 . . . . . . . . .02 1.25 to 1.50 . . . . . . . . .03 1.51 to 2.24 . . . . . . . . .04 2.25 to 2.50 . . . . . . . . .05 2.51 to 3.24 . . . . . . . . .06 3.25 to 3.50 . . . . . . . . .07 3.51 to 4.24. . . . . . . . .08 4.25 to 4.50 . . . . . . . . .09 4.51 to 5.00 . . . . . . . . .10 Over $5.00--straight 2%