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FULL PACKET_2013-02-04
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FULL PACKET_2013-02-04
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2/5/2013 11:13:26 AM
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City Clerk
Agency
Clerk of the Council
Date
2/4/2013
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business license and pays the business license tax owing in arrears; otherwise <br />penalties shall accrue as in the case of any other business. <br />(f) In all cases where the provisions of this section provide for the abatement of <br />penalties imposed under subsection (a), the amount owing in arrears and the amount of <br />the accrued penalties shall be abated until the combined amount of tax and penalty due <br />is equalized to an amount equivalent to the amount of current and prior years' taxes <br />owing as computed or determined based upon the business license tax rates in effect <br />for the most current tax year. <br />(g) In determining the amount of penalty due for any person for whom an initial <br />license period gross receipts in lieu deposit is required in accordance with sections 21- <br />117, 21-118 or 21-118.1 the collector shall compute and apply the penalty due at the <br />time that such person's initial period gross receipts report is filed and computed in <br />accordance with section 21-117(c). <br />(h) However, no abatement of penalties or interest shall be permitted under this <br />section in any case where such person concurrently holds or has previously held a city <br />business license or previously been given notice of said requirement with regard to any <br />business activity engaged in or conducted within the city. <br />(i) When any person is determined to be liable for delinquent business license <br />taxes and such person fails to properly procure the correct business license after being <br />given notice to do so, the collector shall determine the amount of delinquent business <br />license taxes owed in accordance with section 21-41. Penalties thereon shall be <br />accrued as applicable in accordance with this section. In determining the amount of tax <br />due for any business for whom the gross receipts of such business is made the basis <br />for fixing the amount of such business license the collector may base such <br />determination upon an average of the reported gross receipts of like businesses, <br />similarly classified. <br />Q) Any person required to obtain a city business license under the terms of this <br />chapter having been given notice of the requirement to obtain a city business license <br />under the terms of this section, whether by personal service, or by a notice <br />conspicuously posted upon the premises of such person's business, or by notice given <br />through the United States mail, who has not paid said business license tax or otherwise <br />obtained a valid business license, or applied for exemption therefrom and who has not <br />applied for, or who is not undergoing the process of a hearing or appeal pursuant to <br />section 21-41 or Chapter 3 of this Code shall be deemed guilty of a misdemeanor <br />violation. For the misdemeanor violation provision of this section to apply, notice, when <br />given by United States mail shall be mailed to the responsible person by certified mail, <br />postage prepaid with a requested return receipt. Simultaneously, the notice may be <br />sent by first class mail. If the notice is sent by certified mail and the return receipt is <br />returned unsigned or refused, then service of notice shall be deemed effective pursuant <br />to first class mail, provided the notice sent by first class mail is not returned. <br />Page 13 <br />11A-15
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