§ 21-154. Termination of occasional sales exemption and license; transaction privilege license required.

(a)

At any time that the sales activities of a licensee no longer conform to the definition of "occasional sales" set forth in section 21-151, the occasional sales license and exemption granted to such person shall automatically terminate, and such person shall be required to obtain a transaction privilege license and pay all transaction privilege taxes due under Article II of this chapter for sales made after the termination of the occasional sales license. Any such person shall have a ten (10) day grace period after the termination of his or her occasional sales license in which to obtain a transaction privilege license and to pay all transaction privilege license fees and taxes due under Article II of this chapter. The transaction privilege license fees paid by such person shall be prorated on a quarterly basis, based upon the date on which such person's sales activities commenced.

(b)

Any person who fails to obtain a transaction privilege license within ten (10) days after the termination of his or her occasional sales license under subsection (a) shall be deemed to be operating without a license, shall be subject to all penalties imposed under this chapter for persons unlawfully operating without a transaction privilege license, and shall be subject to a penalty of fifty percent (50%) of the annual transaction privilege license fee which would have been imposed on the date on which the occasional sales license terminated in addition to payment of the applicable transaction privilege license fee. All license fees and penalties owed by a person pursuant to this subsection must be paid before a new occasional sales license or a transaction privilege license is issued to such person.

(Ord. No. 1724, § 1, 6-2-92; Ord. No. 1919, § 4, 12-10-96)