City Council Study Session Agenda and Packet 2012 05 08

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Sec. 3.20.070 Duty to keep records. A. It is the duty of every taxpayer to keep and preserve for a period of three years such books, accounts and records as may be necessary to determine the amount of the tax the taxpayer is liable to pay or collect under this chapter. Such books, accounts and records shall include, by way of example and not limitation, original sales and purchase invoices, receipts and related documents. B. All such books, accounts, records, invoices, receipts and other documents required to be kept hereunder shall be open for examination by the finance director upon demand. If a taxpayer keeps or maintains his books, accounts, records, invoices, receipts, or other documents, or any portion thereof, outside the city, then upon demand of the finance director the taxpayer shall make the same available at a suitable place within the city, to be designated by the finance director, for examination, inspection and audit by the finance director. C. If the taxpayer does not wish to make records available within the city, then such taxpayer may make the same available outside the city only if the taxpayer shall have entered into a binding agreement with the city to reimburse the city for all expenses incurred, which agreement may require a deposit of some or all of the estimated amount of such expenses. The finance director may assess the taxpayer for all expenses associated with sending auditors to the location selected by the taxpayer and for reasonable travel expenses, including food and lodging and travel costs, incurred by the auditors during the period necessary to conduct the audit from the time they depart the City of Louisville and until their return to the City of Louisville. Such liability, net of any deposit, shall be stated in the final audit and assessment and shall be treated as a debt owing to the city. D. If the taxpayer does not provide files in an organized format and the auditors must go through the taxpayer's files, folders, boxes, or other documents or records, in any form, in order to obtain records for audit, or if the taxpayer fails to provide information in a timely fashion, the city shall be entitled to charge an hourly fee for time spent organizing, gathering, or in any way assembling taxpayer records for audit. Such fee shall be set by the city manager or the finance director as the manager's designee, and shall be based on the actual labor costs incurred by the city for such time spent. Section 2. Section 3.20.090 of the Louisville Municipal Code is hereby amended by the addition of new subsections B and C to read as follows (words to be added are underlined): Sec. 3.20.090. Violation; penalty. A. It is unlawful to violate any of the provisions of this chapter. Any person convicted of violating any of the provisions of this chapter shall be subject to the general penalty provisions set forth in Section 1.28.010, unless otherwise expressly provided in this chapter. 2 12