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ORDINANCE NO. 1560 SERIES 2009 AN ORDINANCE AMENDING SUBSECTION C OF SECTION 3.20.270 OF THE LOUISVILLE MUNICIPAL CODE TO ELIMINATE THE VENDOR'S FEE AUTHORIZED FOR THE COLI~ECTION AND REMITTANCE OF SALES TAX WHEREAS, the City is a home-rule municipality; and WHEREAS, the City has adopted a sales and use tax code and self-collects its sales and use tax pursuant to such code and its home-rule authority; and WHEREAS, the City desires to amend Subsection C of said Section 3.20.270 of the Louisville Municipal Code to eliminate the provision authorizing vendors to withhold vendor's fees, such fees to be eliminated for returns due on or after February 1, 2010; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Subsection C of Section 3.20.270 of the Louisville Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeout; words to be added underlined): Sec. 3.20.270. Deductions and credits; vendor's fee. C. Vendor's fee: :{he vendor shall be entitled to v.'ithhold an amount equal to the lesser of 3 1/3 percent of the amount of the tax to be remitted by the vendor under this chapter, or $100.00, to Effective for all returns due on or after Februarv 1. 2010, the vendor shall not withhold anv vendor's fee to cover the vendor's expense in the collection and remittance of said tax. If any vendor is delinquent in remitting said tax, the vendor shall not be allov.'ed to retain any amount to cover his expense in collecting and remitting said tax, and an amount equal to the full tax amount shall be remitted to the finance director by any such delinquent vendor. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that anyone part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any I