§ 53-348. Collection of tax by vendor; liability.

(a)

Every vendor making a sale to a purchaser which is taxable under the provisions of this article is required at the time of making such sale to collect the tax imposed by this article from the purchaser.

(b)

Whenever admissions are sold under an installment purchase-plan or a purchase plan allowing deferred payment, the tax levied by this article shall be based on the total purchase price.

(c)

The tax to be collected as provided herein shall be conspicuously, indelibly and separately stated and charged from the sale price on the ticket or card evidencing the sale and shown separately from the sale price on any record made thereof at the time of the sale or at the time when evidence of the sale is first issued or employed by the vendor, provided, however, that when added, such tax shall constitute a part of such purchase price or charge and shall be a debt from the purchaser to the vendor until paid and shall be recoverable at law in the same manner as other debts. The tax shall be paid by the purchaser to the vendor, who, as trustee for and on account of the city, shall be liable to the city for the collection and return thereof.

(d)

Every vendor shall add the tax imposed by this article to the purchase price, charge or other consideration paid for the taxable privilege of admission, provided, however, that the vendor shall be liable and responsible to the city for the payment of an amount equivalent to said tax on each such admission based on his gross taxable sales irrespective of the provisions of subsection 53-342(b).

(e)

The vendor shall prepare and file returns showing taxes due hereunder in such manner and upon such forms as the manager of finance may prescribe, provided that returns must be filed and the tax paid on or before the fifteenth day of the month next following the month of sale, unless the manager prescribes a different time. Every vendor shall on its return round each calculation, as directed on such form as the manager of finance may require, to the nearest whole dollar and remit the rounded amount. In rounding under this section, any amount of forty-nine cents ($.49) or less shall be rounded down, and any amount of fifty cents ($.50) or higher shall be rounded up.

(f)

A credit will be allowed the vendor in the return of sales of admissions for admissions that have been surrendered by the purchaser, provided that the full sale price thereof and the full tax due and paid thereon have been refunded by the vendor to the purchaser.

(g)

Taxes paid hereunder on admissions represented by accounts that are unsecured by conditional sales contracts or security agreements, that are found to be worthless and that are actually and properly charged off as bad debts for the purpose of income-tax reporting under the laws of the United States, may be credited upon subsequent returns of the tax, but if any such accounts are thereafter collected by the vendor, a tax shall be paid in accordance with the terms of this article upon the amount so collected.

(Code 1950, § 166E.7; Ord. No. 775-07, § 185, 12-26-07; Ord. No. 400-09, § 4, 7-20-09)