§ 3-35. Rules and regulations.

(a)

It shall be a violation of this chapter for any licensee to fail in a timely manner to file any report required pursuant to this chapter or to fail to timely and properly remit all taxes due with any such report. Such licensee may be required to appear before the city council to show cause why such licensee's license should not be revoked or suspended.

(b)

Any licensee who fails in a timely manner to file any report required pursuant to this chapter shall be assessed a penalty and interest in the amount hereinafter provided:

(1)

When any person required to file a report as provided by this chapter fails to file the report within the time prescribed he shall be assessed a penalty of $100.00 or ten percent of the tax due, whichever is greater, for each failure to file.

(2)

In the event the finance director determines, upon inspection of the invoices, books, and records of a licensed dealer or from any other information obtained by him or his authorized agents, that the licensed dealer has not paid the proper tax or the proper amount of taxes, the dealer shall be assessed for the taxes due. After assessment, the person assessed shall be provided with notice and an opportunity for a hearing as provided for in section 3-27 of this chapter.

(3)

When any person willfully fails to pay any tax due as provided by this chapter, the person shall be assessed a penalty the same as that provided for in O.C.G.A. § 48-2-44.

(4)

When any person willfully fails to file a return, files a false or fraudulent return, or when a tax deficiency or any part of a tax deficiency is due to a fraudulent intent to evade any tax imposed or authorized by this chapter, the person shall be assessed a specific penalty of 50 percent of the tax due.

(5)

When any person fails to pay the tax or any part of the tax due as provided by this chapter, the person shall pay interest on the unpaid tax at the rate of one percent per month from the time the tax became due until paid or at the rate specified in O.C.G.A. § 48-2-40, whichever is greater. Interest shall be computed on a monthly basis for any portion of a month during which payment is delinquent.

(6)

All penalties and interest imposed by this chapter shall be payable to and collected by the finance director in the same manner as if they were a part of the tax imposed by this chapter.

(Ord. No. 2007-14, 7-23-2007)