§ 3.08.150. Liability of successor—Withholding by purchaser.  


Latest version.
  • If any operator liable for any amount under this chapter sells or quits the business and ceases as operator of the hotel, whether or not the cessation of business is voluntary or involuntary, the former operator's successor or assign, including any purchaser at a foreclosure sale, shall withhold a sufficient amount of the purchase price to cover any outstanding amount owed pursuant to this chapter until the former owner or operator produces a receipt from the tax administrator showing that all outstanding amounts have been paid, or a certificate stating that no amount is due.

    (1)

    If the purchaser of a business fails to withhold tax from purchase price as required by Section 3.08.150, the purchaser shall be personally liable for the payment of the amount required to be withheld to the extent of the purchase price, valued in money.

    (2)

    Within thirty days after receiving a written request from the purchaser for issuance of an authority to collect, the tax administrator shall either issue the authority to collect or mail notice to the purchaser, at the address as it appears on the records of the tax administrator, of the amount that must be paid as a condition of issuing the authority to collect.

    (3)

    The time within which the obligation of a successor may be liable shall begin at the time the operator sells a business or at the time that the determination against the operator becomes final, whichever event occurs later.

(Ord. No. 3232, § 1, 10-16-12)