§ 10-32. License fees.

(a)

Subject to any offsets and credits that may appear in a license, licensee shall pay to the city a license fee no less than five percent (5%) of the licensee's gross revenues. The payment of the license fee by a licensee shall be made quarterly by delivery of the same to the city treasurer or the treasurer's designee no later than thirty (30) days after the end of each calendar quarter. If such payment is not made in a timely manner, a licensee shall pay interest on the unpaid license fees at a rate of eighteen percent (18%) per annum commencing on the date payment should have been made and continuing until payment in full is received by the city.

(b)

The city shall have the right to inspect a licensee's income records and the right to audit and recompute any amounts determined to be due under this chapter. Any additional amount due to the city as a result of an audit shall be paid with applicable interest within thirty (30) days following written notice to a licensee of the amount due. Said notice shall include a copy of the audit report. If the audit result shows that a licensee has underpaid license fees by more than three percent (3%) of amount due for the period audited, then the licensee shall, within thirty (30) days of a request to do so by the city, reimburse the city for the full cost of the audit. If a licensee protests an audited license fee assessment, then the amount of such assessment shall not be due until a final determination of the amount due as provided in section 10-93. Upon resolution as provided in section 10-93, a licensee shall pay interest on the final amount determined to be due at the rate of eighteen percent (18%) per annum, commencing from the date payment was originally due and continuing until payment is made. If a licensee pays an audited license fee assessment under protest and such assessment is determined to have been overpaid upon exhaustion of all appeals, then the city shall refund such overpayment plus interest at the rate of eighteen percent (18%) per annum from the date of such payment to the date of refund.

(c)

Each license fee payment shall be accompanied by a report, in a form approved by the city, showing the basis for the computation.

(d)

No acceptance of any payment shall be construed as an accord that the amount paid is the correct amount, nor shall such acceptance of payment be construed as a release of any claim the city may have for additional sums due under the provisions of a license.

(e)

If a license is terminated prior to the term specified in the license agreement, the licensee shall immediately submit to the city a detailed financial statement showing the licensee's gross revenues for the time elapsed since the last period for which the licensee has paid the required license fee, and the licensee shall pay to the city no later than thirty (30) days following the termination, all remaining license fees due under the license.

(f)

For the purpose of proper administration of this chapter and to prevent evasion of license fees imposed by this chapter, it shall be presumed that all gross revenues are subject to the license fee until the contrary is established by a licensee.

(Ord. No. 2053, § 1, 12-8-98)