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Ordinance No. 70-82-10 v ORDINANCE NO. 70-82-10 AN ORDINANCE LEVYING A TEN PERCENT TAX ON THE PURCHASE OF TELEPHONE SERVICE; PROVIDING AN EFFECTIVE DATE WHEREAS, Florida Statute Section 166.231 provides that a municipality may levy a tax on the purchase of telephone service within the corporate limits of the City, and WHEREAS, the City Commission of the City of Atlantic Beach has deter- mined that the levy of a telephone service tax is necessary to provide funds for the conduct of the municipal government, and WHEREAS, the implementation of a telephone service tax will help in the relief of the burden of ad valorem taxation, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH: Section 1. Levy; when payable. There is hereby levied by the City, on each and every purchase of tele- phone service within the corporate limits of the City, a tax in the amount of ten (10) percent of the payments received by the seller of such utilities, services or commodities from the purchaser thereof, for the purchase of such utilities or commodities. Subject to the provisions of Section 6, the tax shall in every case be paid by the purchaser for the use of the City to the seller of such local telephone service at the time of paying the charge thereof. Section 2. Exemptions. The United States of America, the State of Florida, and the political subdivisions, agencies, boards, commissions, and authorities thereof, other persons exempted under state law, and any recognized church for use exclusively for church purposes, are hereby exempted from the payment but not from the collection, of the tax levied by this article. Section 3. Duty of Seller to collect. It shall be the duty of every seller of local telephone service to collect from the purchaser for the use of the City the tax hereby levied at the time of collecting and selling price charged for each transaction and to report and pay over on or before the twentieth day of each calendar month to the City, all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any sale of local tele- phone service without, at the same time, collecting the tax hereby levied in respect to such sale or sales unless such seller shall elect to assume and pay such tax without collecting same from the purchaser. Any seller failing to collect such tax at the time of collecting the price of any sale where the seller has not elected to assume and pay such tax shall be liable to the City for the amount of such tax in like manner as if the same had actually been paid to the seller, and the City Commission shall cause to be brought all suits and actions and to take all proceedings in the name of the City as may be necessary for the recovery of such tax; provided, however, that the seller shall not be liable for the payment of such tax upon uncollected charges. If the pur- chaser shall fail, neglect or refuse to pay to the seller the seller's said charge for the tax hereby imposed and is hereby required on account of the sale for which said charge is made, or either, the seller shall have and is hereby vested with the right, power and authority to immediately discontinue further service to such purchaser until the tax and the seller's bill have been paid in full. Section 4. Records to be kept by seller; inspector, transcripts. Each and every seller of local telephone service shall keep complete records showing all sales in the City of such commodities or services, which records shall show the price charged upon each sale, the date thereof and the date of payment thereof, and such records shall be kept open for inspection by the duly authorized agents of the City during business hours on all business days. Section 5. Limitation as to telephone calls. The tax hereby levied on sales of telephone service under this article shall apply to all charges made for local telephone service except local ser- vices which are paid for by inserting coins in coin-operated telephones; the total amount of the guaranteed charge on each bill rendered for semipublic coin box telephone service shall be subject to such tax. Section 6. Monthly payments; computation of tax. In all cases where the seller of local telephone service collects the price thereof in monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period, provided that the amount of tax to be collected shall be to the nearest whole cent to the amount computed. Section 7. This ordinance shall take effect on October 1, 1982. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading August 9, 1982 Passed by the City Commission on Second Reading August 23, 1982 Passed by the City Commission on Third and Final Reading September 13, 1982 . ATTEST: (SEAL) Adelaide R. Tucker, City Clerk