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Ord 2004-014
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Ord 2004-014
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11/5/2007 11:20:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
7/6/2004
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(d) If the service user fails to remit the tax to the Tax Administrator within thirty (30) days <br />from the date of the service of the notice upon him or her, the Tax Administrator may impose <br />an additional penalty of fifteen percent (15%) of the amount of the total tax that is owed. <br />Section 17. Section 2-4-245 RECORDS of the San Leandro Municipal Code is hereby amended <br />to read as follows: <br />(a) It shall be the duty of every person required to collect and/or remit to the City any tax <br />imposed by this Chapter to keep and preserve, for a period of at least three (3) years, all <br />records as maybe necessary to determine the amount of such tax as he/she may have been <br />liable for the collection of and remittance to the Tax Administrator, which records the Tax <br />Administrator, or the Tax Administrator's designated representative, shall have the right to <br />inspect at a reasonable time. <br />(b) The City may issue an administrative subpoena to compel a person to deliver, to the Tax <br />Administrator, copies of all records deemed necessary by the Tax Administrator to establish <br />compliance with this Chapter, including the delivery of records in a common electronic <br />format on readily available media if such records are kept electronically by the person in the <br />usual and ordinary course of business. As an alternative to delivering the subpoenaed <br />records to the Tax Administrator on or before the due date provided in the administrative <br />subpoena, such person may provide access to such records outside the City on or before the <br />due date, provided that such person shall reimburse the City for all reasonable travel <br />expenses incurred by the City to inspect those records, including travel, lodging, meals, and <br />other similar expenses, but excluding the normal salary or hourly wages of those persons <br />designated by the City to conduct the inspection. <br />(c) The Tax Administrator, or the Tax Administrator's designated representative, is <br />authorized to execute anon-disclosure agreement approved by the City Attorney to protect <br />the confidentiality of customer information pursuant to California Revenue and Tax Code <br />Sections 7284.6 and 7284.7. The Tax Administrator, or the Tax Administrator's designated <br />representative, may request from a person providing transportation services of gas or <br />electricity to service users within the City a list of the names and addresses, and other <br />pertinent information, of its transportation customers within the City pursuant to Section <br />6354(e) of the California Public Utilities Code. <br />(d) If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or remit <br />the tax, the service supplier shall: i) provide to the Tax Administrator the name, address and <br />telephone number of each billing agent and billing aggregator currently authorized by the <br />service supplier to bill, collect, and/or remit the tax to the City; and, ii) upon request of the <br />Tax Administrator, deliver, or effect the delivery of, any information or records in the <br />possession of such billing agent or billing aggregator that, in the opinion of the Tax <br />Administrator, is necessary to verify the proper application, calculation, collection and/or <br />remittance of such tax to the City. <br />(e) If any person subject to record-keeping under this section unreasonably denies the Tax <br />Administrator, or the Tax Administrator's designated representative, access to such records, <br />ORDINANCE NO. 2004-014 15 <br />
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