19850409 1985-7ORDINANCE NO. 1985-7
AN ORDINANCE IMPOSING AN EXCISE TAX OF ONE PERCENT
ON MEALS SOLD IN THE CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 8 of the Code of the City of Fairfax be
and the same is hereby amended by the addition of Article XI,
Tax On Meals Sold By Restaurants, which shall read in its
entirety as follows:
"ARTICLE XI. Tax On Meals Sold By Restaurants
Sec. 8-59. Definitions.
For the purposes of this Article, the following words
and phrases shall have the meanings respectively
ascribed to them by this section:
Meal. Ail food and drink, including alcoholic bever-
ages, offered for sale in a form ready for consump-
tion. The term "meal" shall not be deemed to include
food or drink sold by any nonprofit or government
subsidized school or institution of learning to its
students or employees.
Purchaser. Any person who purchases a meal.
Restaurant. Any place located in the city from or in
which meals are sold, including, but not limited to,
drug stores, eating houses, public and private clubs,
bars, cafeterias, grills, diners, dining rooms, eater-
ies and places of business known as restaurants,
including fast food and drive-in restaurants.
Seller. Any person who sells a meal.
Commissioner of Revenue.
of the City of Fairfax.
The Commissioner of Revenue
Sec. 8-61. Levy and Amount of Tax.
There is hereby imposed and levied by the city, in
addition to all other taxes, fees and charges of every
kind now or hereafter imposed by law, a tax upon each
and every meal sold in the city in or from a restaur-
ant, whether prepared in the restaurant or not and
whether consumed on the premises or not, based upon the
amount which the purchaser is charged by the seller for
the meal, of one cent when the amount of the charge is
more than fourteen cents but less than one dollar
($1.00), and otherwise at the rate of 1% of the total
charge when the amount of the charge is greater than
one dollar, one-half cent being treated as one cent.
Sec. 8-61. Collection.
The tax shall be collected by the seller from the
purchaser at the time that the charge for the meal
shall be due and payable, whether such payment shall be
made in cash or on credit by means of a credit card or
otherwise. The seller shall separately state the
amount of the tax and add such tax to the amount
charged for the meal. The tax shall be paid to the
city for its use by the seller as hereinafter provided.
1985-7
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Sec. 8-63. Tax Collected to be Held in Trust.
Ail money collected as taxes under this Article shall
be deemed to be held in trust by the seller who has
collected the same until remitted to the city as
hereinafter provided.
Sec. 8-64. Reports and Remittances.
Every seller shall make a report for each calendar
month, which report shall show the amount of the meal
charges collected and the tax required to be collected
upon form prescribed and provided by the Commissioner
of Revenue, and shall sign and deliver such report to
the Commissioner of Revenue with remittance of the
collected tax. Such reports and remittances shall be
made to the Commissioner of Revenue on or before the
last day of the calendar month following the month for
which the report is made. The tax required to be
collected and remitted to the Commissioner of Revenue
may be computed by the seller on the basis of one
percent of the total amount of meal charges collected
for the calendar month.
Sec. 8-65. Meals Furnished to Employees.
Meals furnished to employees in the course of or in
connection with their employment in restaurants shall
not be considered sales of meals under this Article.
Sec. 8-66. Advertising Payment or Absorption of Tax
Prohibited.
No person shall advertise or hold out to the public in
any manner, directly or indirectly, that all or any
part of the tax imposed under this Article will be paid
or absorbed by him or by anyone else, or that he or
anyone else will relieve any purchaser of the payment
of all or any part of such tax. Any person who
violates this section shall be guilty of a misdemeanor.
Sec. 8-67. Penalty and Interest for Failure to Remit
Tax When Due.
If any person whose duty it is to do so shall fail or
refuse to remit to the Commissioner of Revenue the tax
required to be collected under this Article within the
time and in the amount specified in this Article, there
shall be added to such tax by the Commissioner of
Revenue a penalty in the amount of 10% thereof and
interest thereon at the judgment rate, which shall be
computed upon the tax and penalty for each month or
portion thereof from the date when such tax was due and
payable.
Sec. 8-68. Procedure upon Failure or Refusal to
Collect or Remit Taxes.
If any person whose duty it is to do so should fail or
refuse to collect the meals tax or to make timely
reports and remittances as required by this Article,
the Commissioner of Revenue shall proceed in such
manner as he may deem best to obtain the facts and
information upon which an estimate of the tax due can
be made. As soon as the Commissioner of Revenue
procures such facts and information as he is able to
obtain, he shall proceed to determine and assess
against such person failing or refusing to comply with
the provisions of this Article such tax, penalty and
interest as is provided for in this Article and shall
notify such person by registered mail at his last known
address of the amount of such tax, interest and
1985-7
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penalty. The total amount of tax, interest and penalty
shall be payable within ten days of the mailing of such
notice.
Sec. 8-69. Preservation of Records.
It shall be the duty of every person required by this
Article to collect the meals tax and remit the same to
the city to keep and preserve for a period of two years
complete records showing all purchases taxable under
this Article, the amount charged each purchaser for
each such purchase, the date thereof, the taxes
collected thereon and the amount of tax required to be
collected by this Article. For the purpose of admini-
stering and enforcing the provisions of this Article,
the Commissioner of Revenue or his duly authorized
agents shall have the power to examine such records at
reasonable times and without unreasonable interference
with the business of such person and to make
transcripts or copies of any and all parts thereof.
Sec. 8-70. Persons Going Out of Business.
Should any person required to collect and remit to
the city a meals tax under this Article cease to
operate or otherwise dispose of his business, any tax
payable under this Article to the city shall become
immediately due and payable, and such person shall
immediately make a report and pay the tax due.
Sec. 8-71. Penalty for Violation of Article.
Any person violating or failing to comply with any
of the provisions of this Article shall be guilty of a
Class 1 misdemeanor. Each such violation or failure
and each day's continuance thereof shall constitute a
separate offense. Any such conviction shall not
relieve any person from the payment, collection or
remittance of such tax, penalties and interest as is
provided in this Article."
The provisions of this Ordinance shall become effective on
June 1, 1985.
FIRST READING: March 26; 1985
PUBLIC HEARING: April 9, 1985
ADOPTED: April, 9~ 1985
ATTEST:
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