§ 8-2.908. Video Users' Tax.

(a)

There is hereby imposed a tax upon every person in the City using video services. The tax imposed by this section shall be at the rate of three percent (3%) of the charges made for such services and shall be collected from the service user by the video service supplier or its billing agent. There is a rebuttable presumption that video services, which are billed to a billing or service address in the City, are used, in whole or in part, within the City's boundaries, and such services are subject to taxation under this article. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. The maximum annual video users' tax payable by any service user for an individual service shall be one thousand five hundred dollars ($1,500.00) for each twelve (12) month period commencing January 1 and ending December 31 of the same calendar year.

(b)

As used in this section, the term "charges" shall include, but is not limited to, charges for the following:

(1)

Regulatory fees and surcharges, franchise fees and access fees (PEG);

(2)

Initial installation of equipment necessary for provision and receipt of video services;

(3)

Late fees, collection fees, bad debt recoveries, and return check fees;

(4)

Activation fees, reactivation fees, and reconnection fees;

(5)

Video programming and video services;

(6)

Ancillary video programming services (e.g., electronic program guide services, search functions, recording functions, or other interactive services or communications that are ancillary, necessary or common to the use or enjoyment of the video services);

(7)

Equipment leases (e.g., remote, recording and/or search devises; converters); and,

(8)

Service calls, service protection plans, name changes, changes of services, and special services.

(c)

As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the video services.

(d)

The Tax Administrator may issue and disseminate to video service suppliers, which are subject to the tax collection requirements of this article, an administrative ruling identifying those video services, or charges therefor, that are subject to or not subject to the tax of subsection (a) above.

(e)

The tax imposed by this section shall be collected from the service user by the video service supplier, its billing agent, or a reseller of such services. In the case of video service, the service user shall be deemed to be the purchaser of the bulk video service (e.g., an apartment owner), unless such service is resold to individual users, in which case the service user shall be the ultimate purchaser of the video service. The amount of tax collected in one (1) month shall be remitted to the Tax Administrator, and must be received by the Tax Administrator on or before the twentieth (20th) day of the following month.

(Amended by Ord. 3557-C.S., § 1, effective 12-13-11)