Chapter XVI, Section II - Telephone Utility Occupation Tax


Sec. 16-2-1    Levy of tax
Sec. 16-2-2    Payment of tax
Sec. 16-2-3    Inspection of records
Sec. 16-2-4    Local purpose
Sec. 16-2-5    Failure to pay
Sec. 16-2-6    Certain offenses and liabilities to continue
Sec. 16-2-7    Tax in lieu of other occupation taxes

Sec. 16-2-1.    Levy of tax.

There is hereby levied against every telephone utility which is engaged in the business of furnishing local exchange telephone service within the Town a tax on the privilege of engaging in such business.  The amount of such tax shall be $3,283.93 for the portion of 1976 remaining after the effective date of this ordinance, and $5,000.00 annually for each subsequent year.  (Ord. 330 §1, 1976)


Sec. 16-2-2.    Payment of tax.

The tax levied by this Chapter shall be due on the first day of January of each year except the year 1976.  The tax shall be payable for years subsequent to 1976 in twelve (12) equal monthly installments, each installment to be paid on the last business day of each calendar month.  The tax for the remaining portion of 1976 shall be due on December 10, 1976.  (Ord. 330 §2, 1976)


Sec. 16-2-3.    Inspection of records.

The Town, its officers, agents or representatives shall have the right at any reasonable time to examine the books and records of any telephone utility which is subject to the tax imposed by this Chapter, and to make copies of the entries or contents thereof.  (Ord. 330 §3, 1976)


Sec. 16-2-4.    Local purpose.

The tax provided herein is upon the affected occupations and businesses in their performance of local functions and is not a tax upon those functions relating to interstate commerce.  (Ord. 330 §4, 1976)


Sec. 16-2-5.    Failure to pay.

If any telephone utility subject to this Chapter fails to pay the taxes as provided herein, the full amount thereof shall be due and collected from such company, and the same, together with an addition of ten percent (10%) of the amount of taxes due, shall be and is hereby declared to be a debt due and owing from such utility to the Town.  (Ord. 330 §5, 1976)


Sec. 16-2-6.    Certain offenses and liabilities to continue.

All offenses committed and all liabilities incurred prior to the effective date of this ordinance shall be treated as though all prior applicable ordinances and amendments thereto were in full force and effect for the purpose of sustaining any proper suit, action or prosecution with respect to such offenses and liabilities.  All taxes, the liability for which has been accrued under the terms and provisions of Ordinance #301, adopted July 12, 1971, on or before the effective date of this ordinance, shall be and remain unconditionally due and payable, and shall constitute a debt to the Town, payable in conformity with the terms and provisions of said Ordinance #301, adopted July 12, 1971, prior to the adoption of this ordinance; and all of said terms and provisions of Ordinance #301, adopted July 12, 1971, shall be and remain in full force and effect for the purpose of the collection and payment of any and all such taxes due and payable thereunder, notwithstanding the provisions of this ordinance.  (Ord. 330 §6, 1976)


Sec. 16-2-7.    Tax in lieu of other occupation taxes.

The tax herein provided shall be in lieu of all other occupation taxes, or taxes on the privilege of doing business with the Town, on any telephone utility subject to the provisions of this Chapter.  (Ord. 330 §7, 1976)