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HomeMy WebLinkAboutordinance.council.015-87 ORDINANCE NO. ~" (Series of 1987) AN ORDINANCE REPEALING THE ALLOWANCE TO RETAILERS OF 3.3% OF SALES TAXES COLLECTED TO COVER THE RETAILERS EXPENSE FOR THE COLLECTION AND REMITTANCE OF SALES TAXES EFFECTIVE JULY 1, 1987, AND, TO THE EXTENT APPLICABLE, AMENDING SECTION 5 OF ORDINANCE NO. 15-A (SERIES OF 1972), COMMONLY KNOWN AS THE SEVENTH PENNY SALES TAX ORDINANCE AND SECTION 21-76 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN (WHICH CODIFIES SECTIONS 5.3 AND 5.4 OF ORDINANCE NO. 15-A), SO AS TO REPEAL THE ALLOWANCE OF THE AFORESAID RETAILER'S EXPENSE WHEREAS, the City Council deems it to be in the best interest of the City of Aspen, its residents and visitors, to repeal the allowance to retailers of three and three/tenths percent (3.3%) of the sales tax to cover the retailer's expense in the collection and remittance of sales taxes and, in connec- tion therewith, to amend Section 21-76 of the Municipal Code of the City of Aspen and, to the extent applicable, Sections 5.3 and 5.4 of Ordinance 15-A (Series of 1972), commonly known as the seventh penny sales tax; and WHEREAS, Ordinance No. 24 (Series of 1985) conditionally rescinded the levy of the additional 1% retail sales tax (i.e. seventh penny sales tax) as provided in said Ordinance No. 15-A (Series of 1972) and the City Council further desires to amend Section 21-76 of the Municipal Code of the City of Aspen to reflect said rescission of the levy of the additional 1% sales tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 21-76 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to repeal and delete reference to the allowance to retailers of three and three-tenths percent (3.3%) of sales taxes to cover the retailer's expenses in the collection and remittance of such taxes, effective as of July 1, 1987, as well as to reflect the conditional rescission of the additional 1% retail sales tax imposed by Ordinance No. 15-A (Series of 1972), said amended section to read as follows: "Sec. 21-76. Imposition and amount of tax; addition of tax to sales price. (a) There is hereby imposed on all sales of tangible personal property or the furnishing of services a one percent (1%) tax on the gross receipts. The imposition of the tax on individual sales will be in accordance with schedules set forth in the rules and regulations promulgated by the department of revenue, this code, or by separate ordinance of the City. (b) Every retailer shall be liable and responsible for the payment of an amount equivalent to one percent (1%) of all sales made by him on all sales of tangible personal property and remit an amount equivalent to one percent (1%) of such sales to the director of revenue. (c) Retailers shall add the tax imposed hereby or the average equivalent thereof, to the sales price or charge, showing such tax as a separate and distinct item, and when added, such tax shall constitute a part of such price or charge and shall be a debt from the consumer or user to the retailer until paid and shall be recoverable at law in the same manner as other debts. (d) Effective as of July 1, 1987, the allowance of a retailer's expense in the collection and remittance of sales tax as provided for in Ordinance No. 15-A (Series of 1972), shall be deemed repealed and retailers shall 2 no longer be entitled, as a collecting agent of the city, to apply and credit to themselves the amount of 3.3% of sales tax as a collection expense, as allowed in said ordinance. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 4 A public hearing on the ordinance shall be held on the ~~ , 1987, in the City Council day of % Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the city of Aspen on the I~ day of , William L. Stirling, Mayor