Skip to main content
This section is included in your selections.

(1) If a dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and obtaining the license required by section 3.469, the license tax on all motor vehicle fuel sold, distributed or used by that dealer shall be immediately due and payable.

(2) The tax administrator shall proceed forthwith to determine, from as many available sources as the tax administrator determines reasonable, the amount of tax due, shall assess the dealer for the tax in the amount found due, together with a penalty of 100 percent of the tax, and shall make its certificate of such assessment and penalty. In any suit or proceeding to collect the tax or penalty or both, the certificate shall be prima facie evidence that the dealer therein named is indebted to the city in the amount of the tax and penalty stated.

(3) Any tax or penalty assessed pursuant to this section may be collected in the manner prescribed in section 3.474 with reference to delinquency in payment of the fee or by an action at law.

(4) In the event any suit or action is instituted to enforce this section, if the City is the prevailing party, the City shall be entitled to recover from the person sued reasonable attorney’s fees at trial or upon appeal of such suit or action, in addition to all other sums provided by law.

(Section 3.470 added by Ordinance No. 20278, enacted January 27, 2003, effective February 26, 2003.)