Title 3 REVENUE AND FINANCE
Chapter 3.16 BUSINESS OCCUPATIONAL PRIVILEGE TAX
3.16.092 Sale of business subject to lien.
A. Any person who sells a business or stock of goods or closes
a business shall complete and file the returns required under this chapter; pay
the taxes, penalties and interest due within ten days of the date on which such
person sold the business or stock of goods or closed the business; and indicate
that it is a final return, that the business is sold or closed, and the name and
address of the purchaser of business, if any.
B. The tax imposed by this chapter shall be a first and prior
lien on the real or personal property, goods, furniture, fixtures, furnishings,
equipment, and/or inventory owned or used by a taxpayer. This lien shall take
priority over all other claims or liens against the property. A purchaser of a
business who has acquired the real or personal property, goods, furniture,
fixtures, equipment and/or inventory of the business shall withhold sufficient
funds from the purchase money to cover the amount of taxes, penalties and
interest imposed by this chapter due and unpaid until the seller provides a
receipt from the finance director showing that such taxes, penalties and
interest have been paid. If taxes, penalties and interest imposed by this
chapter are due and unpaid after the ten-day period therein provided, such
purchaser of the business is personally liable for the payment of the taxes,
penalties and interest imposed by this chapter due and unpaid to the city to the
same extent as the seller of the business or stock of goods.
C. Any person who obtains by purchase, foreclosure sale or
otherwise, except at a sale conducted pursuant to Section 3.16.095 E, any goods,
stock-in-trade or business fixtures owned or leased by any person takes them
subject to the lien of the city for any delinquent taxes owed by the prior owner
of the property and is liable to pay all delinquent taxes of the prior owner,
but only up to and including the value of property so acquired. (Ord. 1993-7
Exh. B (part))