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2009-007 Council Ordinances
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2009-007 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
10/10/2009
Council Meeting Type
Regular
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notice and pay any lodging tax due thereon. If such persons shall fail to file such return or <br />corrected return, the director shall make a return or corrected return for such person from <br />such knowledge and information as the director can obtain, and assess the lodging tax <br />due on the basis thereof, which said lodging tax shall be paid within five (5) days of the <br />receipt of written notice and demand for such payment. Any such return or assessment <br />made by the director shall be prima facie correct and valid, and such person shall have <br />the burden of establishing its incorrectness or invalidity in any action or proceeding in <br />respect thereto. <br />Subd. 2 If any portion of a tax imposed by this chapter, including penalties <br />thereon, is not paid within 30 days after is required to be paid, the City Attorney may <br />institute such legal action as may be necessary to recover the amount due plus interest, <br />penalties, the costs and disbursements of any action. <br />Subd. 3 Upon a showing of good cause, the director may grant an operator one <br />30 (30) day extension of time within which to file a return and make payment of taxes as <br />required by this chapter provided that interest during such period of extension shall be <br />added to the taxes due at the rate of 10 percent per annum. <br />Section 607.10 PENALTIES. <br />Subd. 1. Calculated Penalty. The following penalties shall apply in the given <br />situations: <br />A. Failure to file a return or pay lodging tax to the City within thirty (30) <br />days of the due date: a penalty of ten percent (10%) of the unpaid lodging <br />tax. <br />B. Failure to file a return or pay lodging tax imposed by the City by more <br />than thirty (30) days but less than sixty (60) days of the due date: a penalty <br />of fifteen percent (15%) of the unpaid lodging tax. <br />C. Failure to file a return or pay lodging tax imposed by the City by more <br />than sixty (60) days but less than ninety (90) days of the due date: a <br />penalty of twenty percent (20%) of the unpaid lodging tax. <br />D. Failure to file a return or pay lodging tax imposed by the City by more <br />than ninety (90) days of the due date: a penalty of twenty-five percent <br />(25%) of the unpaid lodging tax. <br />Subd. 2. Minimum Penalty. If the penalty as computed does not exceed Ten <br />Dollars ($10.00), a minimum penalty of Ten Dollars ($10.00) shall be assessed. The <br />penalty shall be collected in the same manner as the lodging tax. <br />Subd. 3. Interest. The amount of lodging tax not timely paid, together with any <br />penalty, shall bear interest at the rate of eight percent (8%) per annum from the time such <br />
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