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1318 ORDINANCE NO. 1318 ( #17 - 07) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 3.06.015 ESTABLISHING A PREPARED FOODS TAX UPON GROSS REVENUES OF CAFES, CAFETERIAS, CARRY -OUT RESTAURANTS, CATERERS, CONCESSION STANDS, CONVENIENCE STORES, GROCERY STORES /FOOD COUNTERS, DRIVE -THRU RESTAURANTS, FAST FOOD RESTAURANTS, DINE -IN RESTAURANTS, AND OTHER SUCH SIMILAR BUSINESSES WHICH PREPARE FOODS AND BEVERAGES FOR ON OR OFF PREMISES CONSUMPTION LOCATED WITHIN JACKSONVILLE; AMENDING JACKSONVILLE MUNICIPAL CODE 11 3.06.020 AND 3.06.030; CREATING JACKSONVILLE MUNICIPAL CODE 55 3.06.032, 3.06.034, 3.06.036, 3.06.038, 3.06.042, 3.06.044, and 3.06.046; PRESCRIBING OTHER MATTERS RELATING THERETO; AND, FOR OTHER PURPOSES. WHEREAS, additional funds are needed for the development, establishment, improvement, maintenance, and operation of recreational and tourist facilities within the City of Jacksonville. It is believed that a Two Percent (2 %) tax upon the gross receipts of cafes, cafeterias, carry-out restaurants, caterers, concession stands, convenience stores, grocery stores /food counters, drive -thru restaurants, fast food restaurants, dine -in restaurants, and other such similar businesses which prepare foods and beverages for on or off premises consumption in Jacksonville would provide an additional source of revenue for Jacksonville recreational /tourist facilities and programs; and, WHEREAS, administration of such funds, if collected, should be controlled by and through the Jacksonville Advertising and Promotions Commission should implementation of such a tax be approved. While some procedures are in place to collect and enforce such a tax, it has been determined that additional provisions as provided below will make said collection and enforcement procedures more effective and efficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code § 3.06.015 (Prepared Foods Tax) is hereby created and shall include the following: JMC § 3.06.015 (Prepared Foods Tax) There is to hereinafter be levied and collected a Two Percent (2 %) tax upon the gross receipts of cafes, cafeterias, carry-out restaurants, caterers, concession stands, convenience stores, food counters, grocery stores, drive -thru restaurants, fast food restaurants, dine -in restaurants, and other such similar businesses which prepare foods and beverages for on or off premises consumption located within the City of Jacksonville, provided that such levy shall not apply to such gross receipts or gross proceeds of organizations qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. SECTION TWO: Jacksonville Municipal Code § 3.06.020 (Purpose of Levy Expenditures) is hereby created and shall include the following: JMC § 3.06.020 (Purpose of Levy Expenditures) Funds collected and remitted to the City under this Chapter will be deposited into a special fund to be used for advertisement, development, construction, equipment, improvement, maintenance, operation, promotion, reconstruction, renovation, and /or repair of the City's general operations and capital improvements, Parks & Recreation facilities and programs, and tourist promotion facilities located within or adjacent to Jacksonville city limits. These funds may also be used to pay all or part or pledge all or part for retirement of bonds issued for the ORDINANCE NO. 1318 (# 17 - 07) Page Two establishment and operation of tourist - oriented facilities. All disbursements of and expenditures from said funds shall be as directed by majority vote of the Advertising and Promotions Commission under the direction and in compliance with applicable local, state, and federal laws. Of the total amount of tax levied hereunder, an amount equal to Fifty Percent (50 %) of the tax collected on all hotels and Prepared Foods as defined hereunder and hereinafter, until otherwise amended, shall be used by the A&P Commission, at the direction of the Mayor and upon approval of the City Council, for the construction, equipping, improvement, maintenance, operation, reconstruction, and repair of Jacksonville Parks & Recreation Facilities. SECTION THREE: Jacksonville Municipal Code § 3.06.030 (Payment Schedule for Levy Collected) is hereby created and shall include the following: JMC § 3.06.030 (Payment Schedule for Levy Collected) From the effective date of this Chapter, the tax(es) so levied shall be paid by businesses, companies, corporations, firms, individuals, persons, and other such entities in the same manner and at the same time and manner as the tax levied under ACA § 26 -52 -101 et. seq. (the Arkansas Gross Receipts Act of 1941) and ACA § 26-18 -101 et. seq. (the Arkansas Tax Procedure Act), which are both incorporated herein as applicable. All persons paying the tax shall report and remit payment upon retum forms provided by the Advertising and Promotions Commission. SECTION FOUR: Jacksonville Municipal Code § 3.06.032 (Permits) is hereby created and shall include the following: JMC § 3.06.032 (Permits) a) It shall be unlawful for any business, company, corporation, firm, individual, person, or other such entity to transact business within the City which is subject to the tax(es) provided herein prior to the issuance and receipt of an A&P Tax Permit from the Commission. Applications shall be completed by the potential x a to er on forms prescribed by the Commission; taxpayer P Y b) Separate A&P Tax Permit(s) shall be obtained for each location from which a business, company, corporation, firm, individual, person, or other such entity conducts business subject to the terms and conditions of the A&P tax; c) A&P Tax Permit(s) shall not be assigned and shall be valid only for the named party in whose name it is issued and for the location thereon designated; d) A&P Tax Permit(s) shall at all (s ) a a times be conspicuously displayed at the location designated thereon; e) A&P Tax Permit(s) expire at the time of cessation of the taxpayer's business at the location designated thereon, at the time the taxpayer's Business Privilege License expires, or upon suspension by the Commission for violation of any provisions contained herein. Should a taxpayer cease operation under an A&P Tax Permit, the Permit shall be retumed to the Commission and pay any and all unpaid and accrued A&P Tax(es) due thereunder; and, f) It shall be unlawful for any person subject to the taxes herein to transact business within the City when their A&P Tax Permit is expired. SECTION FIVE: Jacksonville Municipal Code § 3.06.034 (Payment and Retums) is hereby created and shall include the following: JMC § 3.06.034 (Payment and Returns) a) A&P tax payments shall be due and payable as of the First (15) day of each calendar month by the business, company, corporation, firm, individual, person, or other such entity liable for the payment. Such is considered delinquent if not paid on or before the First (1s day of the next calendar month; ORDINANCE NO. 1318 (# 17 — 07) Page Three b) It shall be the duty of the taxpayer on or before the Twentieth (20 of each calendar month to deliver to the Commission, upon forms prescribed and furnished by the Commission, returns under oath showing the total combined gross receipts or gross proceeds subject to the A&P tax for the preceding calendar month and the amount of the tax due, together with payment for said amount. Once a taxpayer becomes liable for the payment of A&P tax, a taxpayer must continue to file a return, even though no tax may be due, until such time as the taxpayer surrenders their A&P Tax Permit. The returns shall contain such further information as the Commission may prescribe and require; c) If the retum is delivered on or before the Twentieth (20 day of the calendar month following the month the tax is imposed, the taxpayer may remit to the Commission Ninety-eight Percent (98 %) of the amount due as full payment. A return is considered "delivered" if it is postmarked by the U.S. Postal Service or received by the Commission prior to or on the Twentieth (20 of the calendar month. Failure of the taxpayer to remit the A&P tax on or before the Twentieth (20 of each calendar month shall cause the taxpayer to remit to the Commission One Hundred Percent (100 %) of the amount of the A&P Tax due, plus any applicable penalty and interest accrued thereon; and, d) If the return is delivered after the First (1s day of the next calendar month, there shall be added to the amount required to be reported and paid the amount of Five Percent (5 %) of the A&P Tax if the failure is not more than One (1) month past the delinquency date, with an additional Five Percent (5 %) for each additional month or fraction thereof during which the failure continues, not to exceed a total penalty amount of no more than Thirty -five Percent (35 %) in the aggregate as detailed below. SECTION SLY: Jacksonville Municipal Code § 3.06.036 (Examinations) is hereby created and shall include the following: JMC § 3.06.036 (Examinations) a) In the administration of this Chapter, the Commission or its designated representative(s) may make an examination, investigation, or audit of a business, company, corporation, firm, individual, person, or other such entity liable for payment hereunder with reasonable notice therein. This shall include the right to inspect, copy, or review the accounts, books, computer programs or records, documents, papers, and vouchers of a taxpayer hereunder, including those maintained by another business, financial institution, and /or the records of another govemmental agency(ies) regarding said taxpayer, except where privileged under law. Each taxpayer and /or its agents, employees, or designated representatives shall exhibit these items and facilitate any examination hereunder; b) The Commission or its designated representative may compel production of such records by summons if necessary. Such may be served directly by the Commission or its designated representative(s); and, c) Should such be necessary, the Commission is also authorized to administer oaths, conduct hearings, and compel by summons the attendance of witnesses, testimony, and the production of any accounts, books, computer programs or records, documents, papers, and vouchers of a taxpayer hereunder, including those maintained by another business. SECTION SEVEN: Jacksonville Municipal Code § 3.06.038 (Assessment and Collection) is hereby created and shall include the following: JMC § 3.06.038 (Assessment and Collection) ORDINANCE NO. 1318 (# 17 — 07) Page Four a) The Commission or its designated representative(s) are authorized and required to make the appropriate assessments, determinations, inquiries, investigations, and to take any and all necessary steps required regarding the collection of the A&P Tax, including any accrued interest, additional tax(es) due, and assessable penalties imposed herein. By recording such and providing the taxpayer with a copy thereof, the Commission shall demand payment of said amount(s); and, b) If any taxpayer fails to file any return as required hereunder or files a return that is incorrect, fraudulent, or miscalculated, the Commission, from any information in its possession or obtainable, may determine the correct amount of tax due for the taxable period and shall notify the taxpayer in writing of the correct amount due. Should the taxpayer disagree with said assessment, he /she/it shall notify the Commission in writing within Ten (10) days of receipt of said assessment of the basis for disagreement and provide any and all supporting documentation for review by the Commission. SECTION EIGHT Jacksonville Municipal Code § 3.06.040 (Penalties) is hereby created and shall include the following: JMC § 3.06.040 (Penalties) Any business, company, corporation, firm, individual, person, or other such entity who fails to collect and /or remit the tax levy referred to herein shall be subject to a penalty of no more than Thirty-five Percent (35 %) of the unpaid tax. Simple interest on unpaid taxes shall be assessed at the rate of Ten Percent (10 %) per annum. SECTION NINE :: Jacksonville Municipal Code § 3.06.042 (Revocation or Suspension of Permit) is hereby created and shall include the following: JMC § 3.06.042 (Revocation or Suspension of Permit) a) Whenever a taxpayer to whom an A&P Tax Permit has been issued fails to comply with any provision of this Chapter, induding any rule or regulation prescribed by the Commission, the Commission shall give written notice of its intention to revoke the taxpayer's A&P Tax Permit. If desired, the taxpayer may, within Ten (10) days of receipt of such a notice, request a hearing before the Commission to prevent such revocation; b) If a taxpayer request a hearing, the Commission shall conduct such at its next regularly scheduled meeting. At such time, the taxpayer and the Commission shall be entitled to introduce evidence and testimony as necessary to determine whether the taxpayer's Tax Permit should be revoked. The Commission shall, upon completion of said hearing, take a recorded majority vote to either continue or suspend the Tax Permit in question and make a final assessment thereunder, when applicable. Failure of the taxpayer to attend said hearing shall be grounds for the Commission to immediately revoke the taxpayer's A&P Tax Permit; and, c) Once suspended, a taxpayer is not entitled to obtain another A&P Tax Permit until all outstanding arrearages are paid in full, including any applicable accrued interest, tax(es), and penalties. SECTION TEN; Jacksonville Municipal Code § 3.06.014 (Unpaid Taxes — Certificates of Indebtedness) is hereby created and shall include: JMC § 3.06.044 (Unpaid Taxes — Certificates of Indebtedness) a) If a taxpayer does not timely and properly pursue the remedies provided herein and by law from a decision of the Commission and a final assessment is made, or if the taxpayer fails to pay the deficiency assessed upon notice and demand, the Commission or its designated representative(s) shall issue ORDINANCE NO. 1318 at 17- 07) Page Five to the Circuit Clerk of any County of the State in which the taxpayer's business is located a Certificate of Indebtedness certifying that the business, company, corporation, firm, individual, person, or other such entity liable for payment hereunder is indebted to the Commission for the amount assessed; b) The entry of a Certificate of Indebtedness shall have the same force and effect as the entry of a judgment rendered by a Circuit Court, remaining in force for Ten (10) years. This entry shall constitute the Commission's lien upon the title of any real and personal property of the taxpayer in the County where the Certificate of Indebtedness is recorded; and, c) Nothing in this Chapter shall preclude the Commission from utilizing any other means provided by law for collection of delinquent taxes. SECTION ELEVEN: Jacksonville Municipal Code § 3.06.046 (Violations) is hereby created and shall include the following: JMC § 3.06.046 (Violations) Any business, company, corporation, firm, individual, person, or other such entity liable for payment hereunder found to be in violation of any provision of this Chapter shall be subject to punishment of said violation(s) through citation into the Jacksonville District Court. If guilt is determined or pled, said violation shall be punishable by a fine no less than One Hundred Dollars ($100.00) and no greater than Five Hundred Dollars ($500.00). Each day a taxpayer transacts business within the City without a valid A &P permit or in violation of the terms herein shall constitute a separate violation. SECTION TWELVE: Any such Ordinance or parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict. SECTION THIRTEEN: This Ordinance shall take effect from and after the First an day of October, 2007, and shall continue to be assessed and collected until declared otherwise by Council action. APPROVED AND ADOPTED THIS Ond DAY OF AUGUST, 2007. CITY OF JACKSONVILLE, ARKANSAS / 1 "V �11 fiQ - TOMMY SWAT A • SUSAN + VITT CITY LERK - 57; ' AP-,.OV •I, TO o 4 � - ROB :'T E. BAM =•' O