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2020-04ORDINANCE NO.2020-04 AN ORDINANCE AMENDING PORTIONS OF CHAPTER 90 (TAXATION), ARTICLE VI (TAX ON MEALS) AND ARTICLE VII (TRANSIENT OCCUPANCY TAX), TO TEMPORARILY EXTEND THE DUE DATES FOR THE REMITTANCE OF CERTAIN TAXES WHEREAS, on March I2, 2020, Governor Ralph S. Northam issued Executive Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, on March 16, 2020, effective at 10:00 a.m. and extending through June 10, 2020, at 12:01 a.m. (the "Emergency Period"), the City Manager, in his capacity of Director of Emergency Management, issued a Declaration of Local Emergency COVID-19 (the "City Declaration") applicable throughout the entire City of Fairfax, Virginia (the "City"), pursuant to authority granted pursuant to City Code § 33-11, and Virgina Code §§ 44-146.21 and 15.2-1413, which City Declaration was unanimously consented to by the City Council on March 17, 2020, pursuant to City Resolution No. R-20-07, as required by applicable law; and WHEREAS, the City Council finds that COVID-19 constitutes a real and substantial threat to public health and safety and an emergency situation exists in the City; and WHEREAS, food establishments and other sellers of food and meals, and hotel owners and operators, are an integral and essential part of the City's economy and an important source of revenue to the City, and the restriction on the numbers of patrons, ability to operate and other restrictions as they now exist and as they may be imposed in the future during the COV ID-19 emergency are placing significant financial burdens on such businesses within the City; and WHEREAS, the aforesaid taxes are deemed to be held in trust by such businesses until paid but the City Council has determined that it is in the best interest of the City and its businesses to delay various payment due dates for such taxes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA, HEREBY ORDAINS: 1. That Chapter 90, Article VI, Section 90-265(a) of the Code of the City of Fairfax, Virginia (the "City Code") is hereby amended to read in its entirety as follows: "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 the form prescribed and provided by the commissioner of the revenue, and shall sign and deliver such report to the commissioner of the revenue with remittance of the collected tax. Such reports and remittances shall be made to the commissioner of the revenue on or before the last day of the calendar month following the month for which the report is made. The tax be eemputed4y the seller- en the basis of two per,e.,+ .,4 the ►.,♦ ,1 ., ,.,► „f ,,al ehaF .es raelle^te`1 f F the calendar- menth. Notwithstanding an hint else in this article to the contrary, including the provisions of this section, the tax r uired to be collected and remitted to the commissioner of the revenue on or before the last day of March 2020 April 2020 and May 2020 respectively, may be paid with the payment due on or before the last dayof June 2020, July 2020 and August 2020, respectively. Payments normally due on the March A nl and May dates shall not be considered delin uent for RuKROses of this article and not subject to the im osition of penalties and interest, if paid in full on or before the applicable due date. Nothing in this section shall be deemed to delay or defer the due dates of the monthly reports required hereunder, nor does it affect the payment of taxes that were due and payable prior to the payment due in March 2020. In addition, the applicable commission for collection set forth in section 90-266 shall be applicable to any paMent timely made by the applicable revised due date." 2. That Chapter 90, Article VI1, Section 90-305(b) of the City Code is hereby amended to read in its entirety as follows: "The aforesaid reports and remittances shall be made and tendered on or before January 20, April 20, July 20 and October 20 in each calendar year; and they shall cover the amount of taxes collected during the immediately preceding quarter. Notwithstanding anything else in this article to the contrary, including the provisions of this section, the tax required to be collected and remitted to the commissioner of the revenue on or before A ril 20 2020 may be paid with the payment due on or before July 20 2020. The payment normally due on April 20, 2020 shall not be considered delinquent for vurposes of this article and not sub'ect to the imposition of penalties and interest if paid in full on or before July 20, 2020. Nothing in this section shall be deemed to delay or defer the due dates of any_renorts required hereunder, nor does it affect the pMent of taxes that were due and payable prior to the payment due on April 20 2020. " An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. This Ordinance shall become effective as provided by law. INTRODUCED: March 31, 2020 PUBLIC HEARING: March 31, 2020 ADOPTED: March 31, 2020 ATTEST: City Clerk VOTE: Councilmember DeMarco Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Aye Wes'`" (i 14W Mayor Date