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HomeMy WebLinkAbout1995 Ordinance No. 024• • • ORDINANCE NO .J!/:. SERIES OF 1995 BY AUTHORITY COUNCIL BILL NO . :U INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 4, CHAPI'ER 4, SECTION 4, SUBSECTIONS 1,3 AND 7; AND TITLE 4 , CHAPI'ER 4, SECTION 5, SUBSECTION 3 OF THE ENGLEWOOD MUNICIPAL CODE 1985 RELATING TO SALES TAX. WHEREAS, the Englewood City Council levied the sales tax in the City with the passage of Ordinance No. 32, Series of 1961; and WHEREAS, periodically the City Code i s reviewed and changes are made if necessar : and WHEREAS, these amendments will "tighten up" the Englewood Municipal Code making it easier for City staff to enforce; and WHEREAS, these amendments will also make it easier for Englewood sales tax license holders to comply with the En~lewood Municipal Code; NOW, THEREFORE, BE IT ORJIAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS iCLLOWS: ~-The Englewood City Council hereby approves amending Title 4, Chapter 4, Section 4 , Subsection 1, of the Englewood Municipal Code which shall read as follows: 4-4-4: SALES TAX IMPOSED : 4-4-4 -1: TAXABLE ITEMS : There shall be collected and paid as a tax the amounts stated in Section 4-4-4-2 upon the following: A . On the purchase pr'r e paid or charged upon all retail sales.and purchases of tangible personal property within the boundaries of the City, including delivery within the boundaries of the City, INCLUDING THE SALE OR FURNISHING OF TELECOMMUNICATIONS SERVlCES, ELECTRICITY, STEAM HEAT OR GAS . B . Upon the amount paid for all meals, including cover charges, if any, furnished in any restaurant, eating house, hotel, drugstore, club, resort or such place at which meals or food are sold to the public. C. Upon the rental fee, price, or other consideration paid or received for the rental or lease of any room, rooms , or mobile home for lodging purposes in any eat.abliahment makin,: such available to the public. (Ord. 73 Series 1991) .,. ~ The Englewood City Council hereby approves amending Title 4, Chapter 4, Section 4, Suboection 3-A, of the Englewood Municipal Code by adding a new Subaection 8, which • shall read as follow,: 4-4-4-3 : EXEMPI1ONS TO SALES TAX: A. Exempt Items. The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 4-4-4-2: l. Motor vehi cl es, trailers and semi-trailers, registered outside of the City of Englewood. 2. Sales of tangible personal property where both the following condi•.ions exist: a. The sales are to parties who are residents of, or doing business in, the State of Colorado, but outside the City; and b. The articles purchased are to be delivered to i;,e purchaser outside the City by common carrier or by the conveyance of the seller or by mail. 3 . Sale of fuel used for I.he operation of internal combustion engines. 4. Sale of medicine, m-,!ical supplies, orthopedic braces and appliances, dental appliances, hearing aids, crutches, wheel chairs, eye glasses or other mechanical contrivances when purchased with a licensed practitioner's written prescription. 5 . Sales of food 1•roduct,, which are to be consumed ofl"the premi ... of the vendor. Ar, • used herein ":'ood" rr eans food which is advertised or marketed for human consumption and so' d in the same form , condition, quantities and packaging as is con..monly sold hr groc,-·rs. The term includes cereals and cereal products; milk and milk products; meat and meat produet~: fish and fish products; e.:, and egg product.~; ,egetables and vegetable pr oducts : fruit and fruit products; sugar, sl.lgt1.r products and sugar substitutes; coffees and coffee suhstitutes; teas, cocoa and coc oa products; spices, condiments, salt and olemnrgarine. The terl".1 "food• does not include chewing gum; spirituous malt or vinous liquors; (l:i,:clctail mixes; proprietary medicines; nostrums; lozenges; t.onica; vitamins and other dietary supplements; wat.Pr, mineral water and carbonated -.-.-~:.Os r.l 4ritett\d in containers; ici.?; pet foods; food or drink furnished, prepared or served for consumption at tables , chairs or counters or from trays; glr.asea, dishes or oth1:r tableware provided by the retailer; prepared food or drink sold by retailers who regularly seB for consumption on or near the premises of the retailer even though such food or drink is sold on a "tak e out" or •to go" onler and is bagged , packaged or wrapped and ..aken from the premises of the retailer; and food or drink vended by or through machines on behalf of a vendor. 6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common carrier op erating in interstate commerce es the ultimate consumer thereof. -2 -• • • • 7 . For transactions consumtnated on or after January 1, 1986, the City's sales tax shall not apply to the sat,, or construction and building materials, u 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. 8. SALES OF NEWSPAPERS AND MAGAZINES. &wwLl, The Englewood City Council hereby approves amending Title 4, Chapter 4, Section 4, Subsection i, of the Englewood Municipal Code which shall read as follows: 4-4-4-7: SALES TAX RETURNS : A. Every person, partnership or corporation required to obtain a sales tax Hcense pursuant to the provisions of Section 4-4-4-4, shall file a sales tax return , with payment of tax owed, if any, upon the standard Municipal sales and use tax reporting form as adopted by the Executive Director of the Colorado Department of Revenue, not le,s ~"" onee e. er, 11,in, (38) Ila,• LATER THAN THE TWENTIETH DAY OF EACH MONTH for the preceding calendar month ; provided, however, that if the acco unting methods regularly employed by the licensed. retailer in the transaction of his busiue ss, or other conditions, are such that reports of sales made on a calendar monthly basis will impose unnecessary hardship, the Director may, upon request of said retailer, accept reports at such intervals as will, in his opinion , better suit the convenience of the taxpayer, and wtll notjeopardize the collection of the tax; and, provided further, that a retailer doing business in two (2) or more places or locations may file one return covering all such business activities in the City. B. The returns so filed shall <X>ntain s uch information as may enable the Director to accurately determine the amount of tax collected by the person, partnership or corporation filing the return, but in all cases shall contain the following information : 1. 2. 3 . 4 . 5. The amount of gross t.uable sales made by the retailer during the period for which the return is filed; The total sales price of all property returned by the purchaser as a result of a return of goods sold by the retailer; provided , the original sale was a taxable tran s action; The total fair market value of any property received by th• r etailer as a result of an exchange of property ; provided the property so receive d is held by the retailer to be sold or leased to a user or consumer in the regular course of his business; The total amount of retail sales which are exem pt from the tax imposed by Section 4-4-4-2 by reason of the provisicns of Section 4-4-4 -3 . The total amount of sales made on credit, the obligation for which is not sec ured by a conditional sales contract, chattel mortgage or other security instrument entitling the retai ler to repossess the it.em sold, which are found to be wortl\le ss and whi ch may be deducted as bad debts on the retailer's F ederal income tax return . .3 . C. The return shall be accompanied 11.)' an amount equal to the aalea tax required to be collected by tho retailer but which, in no cue, shall be le11 than the amount actually collected, nor leaa than three and one-half percant (3 .5'X>) of the fieu,e derived by subtracting from the groae taxable aaleo, u reflected on the return, the total sales described in subsections B2 , 3, 4 and 5 above, aa reflected on the return; provided, however, the retailer may deduct from the total tax due an amount equal to one and six-tenths percent (1.6%) of the sale, tax required to be collected, which may be retained by the retailer as a fee for collecting aaid tax . IF THE RETURN OR THE TAX REMITTANCE IS FILED LATER THAN THE TWENTIETH (20TH) DAY OF EACH MONTH OR AS PRESCRIBED BY THE DIRECTOR, THE ONE AND SIX- TENTHS PERCENT (1.6%) VENDOR'S FEE ALWWANCE SHALL BE FORFEITED AND ADDED TO THE AMOUNT OF '!'HE DEFICIENCY. D . All other persons, partnerships and corporations shall pay to the Director the amount of any tax due under the provisions of Section ~ 4-4-4-7, not-leet LATER than filleen (15 ) days alter the date that said tax becomes due. (Ord. 73 Series 1991) ~ The Englewood City Council hereby appr·oves amending Title 4, Chapter 4, Section 5, Subsection 3-A, of the Englewood Mwticipal Code by odding a new Subsection 2, which shall re.4d as follows : 4--4-5 -3: PAYMENT AND COLLECTION OF USE TAX: 1 A . Payment of Tax. 1. All persons who are required to obtain a sales tax license pursuant to the • provisions of Section 4-4-4-4 shall include within the return n,quired to be filed , • pursuant to the provisions of Section 4--4-4-7, such informatiori as may be required by the Director of Financial Services as n:ay enable him ar.curately to compute the amount of use tax due from aaid retailer for purchases mftde by such retailer for wh ich a use tax is due during the period for which such retu.-n is tiled. 2. ALL OTHER PERSONS, PARTNERSHIPS AND CORPORATIONS SHALL PAY TO THE DIRECTOR THE AMOUNT OF ANY TAX DUE UNDER THE PROVISIONS OF SECTION 4-4-5-3, NOT LATER THAN FIFTEEN (1 5) DAYS AFTER THE ilATE THAT SAID TAX BECOMES DUE. Im:roduc ed, read in full, and passed on first rea ding on the 15th day of May, 1995. Pu ~lished as a Bill for an Ordinance on the 18th day of May, 1995. Read by title and passed on final rea~ing on the 5th day of June, 1995 . .4. • ·.·• • • • Published by title u Ordinance No .<Ei., Series of 1995, on the 8th day of June, 1995 . ~r• Loucrishia A. Ellis, City Cle t • I, Louci:shia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and ,.,,,, .. e, w,, u O"'"'~• No .ial! s,a., •"'" ~ d. ~ Loucrishia A Elli s -5 - • • • COUNCIL COMMUNICATION Date Agenda Item Subject May 15, 1995 Bill For Ord inance: Changes 10 ll V To City Code Regard ing Sales Tax Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for ord inance "tighti,n s up · the Cod e making it easier for our sal es tax license holders to understand and comply with . Ord inance 32, Series of 196 1 lev ied the sa les ta x in Englewood . RECOMMENDED ACTION Staff would recommend Council adopt this bill for ordinance. This bill for ordinance clarifies or adds language to the Code regard ing dates of sales tax payment a.id reporting , sale or furnish ing of telephone and telegraph, electric, steam heat and g:.s, and forfeiture of the vendor's fee. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED Periodically, the C ity Code is reviewed and changes are made if necessary . The changes included in th is bill for ordinance 'tightens up• the Code making it easier for City staff to enforce and our sales tax license holders to comply with . No alternative s were identified. FINANCIAL IMPACT Forfe iture of the ven dor's fee wi ll resu lt in the City collecting an additiona l $20,000 {est imated) pe r ye ar. LIST OF ATTACHMENTS Proposed bill for ordinance .