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568 Mr. Hartsell gave a brief overview of the legislation authorizing the gross receipts tax. At 8:00 p.m., Chairman Fennel opened the public hearing on the proposed Ordinance levying the gross receipts tax and asked if anyone wished to speak either for or against the proposed Ordinance. The Notice of the Public Hearing was published in THE INDEPENDENT TRIBUNE on November 6, 2000 and in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on November 9, 2000. There was no one present to address the Board, and Chairman Fennel closed the public hearing. UPON MOTION of Commissioner Privette, seconded by Chairman Fennel and unanimously carried, the Board adopted the following Ordinance. Ordinance No. 2000-04 ORDINANCE LEVYING TAX ON GROSS RECEIPTS DERIVED FROM RETAIL SHORT-TERM LEASE OR RENTAL OF MOTOR VEHICLES WHEREAS, the North Carolina General Assembly has ratified Senate Bill 1076, signed into law as Session Law 2000-2 (S. L. 2000-2) and effective for taxable years beginning on or after July 1, 2000; and WHEREAS, this Session Law enacted G. S. 105-275(41), which repealed the property tax on certain vehicles leased or rented under retail short-term leases or rentals, and enacted G. S. 153A-156, which authorized counties to replace the lost tax revenue through the levy of a local tax on gross receipts derived from short-term leases or rentals. NOW, THEREFORE BE IT ORDAINED, by the Cabarrus County Board of Commissioners that the following tax is levied: SECTION 1. Tax on Gross Receipts derived from retail short-term motor vehicle leases or rentals. The County of Cabarrus hereby imposes and levies a tax of one and one half percent (1 ~ %) of the gross receipts from the short-term lease or rental of vehicles at retail to the general public, as authorized by G. S. 153A-156. SECTION 2. Administration. The County through its Tax Administrator will administer and collect from operators of leasing and rental entities the tax levied hereby. The Tax Administrator may promulgate additional lawful rules and regulations necessary for implementation and collection of the tax. SECTION 3. Payment of Taxes and Filing of Returns. The taxes levied hereby are due and payable to the County monthly, on or before the fifteenth (15th) day of the month following the month in which the tax accrues. Every entity required to collect the tax shall, on or before the fifteenth (15th) day of each month, prepare and render a return to the County. If the last day for payment of taxes or filing of returns, falls on a holiday, a Sunday, or a Saturday, the deadline shall be extended until the next business day. If payment or filing of a return is by mail, the County will honor a postmark date affixed by the United States Postal Service. This date must be legible; otherwise the payment or return is treated as made when received in the Collector's office. The County shall design, print, and furnish to all such entities the necessary forms for filing returns and instructions to insure the full collection of the tax. These tax proceeds shall be placed in a segregated account by the collecting entity and are the property of the County. A return filed for this purpose is not a public record as defined by Section 132-1 of the North Carolina General Statutes and may not be disclosed except as provided by law. SECTION 4. Penalties and Interest. In case of failure or refusal to file a return when due, the penalty is five percent (5%) of the tax if the delay is not more than thirty (30) days plus 5 percent (5%) for each additional month or fraction thereof, not to exceed twenty-five percent (25%) or $5, whichever is greater, G.S. 105-236(3). The penalty for failure to pay a tax when due is ten percent (10%) of the tax with a minimum of $5, G.S.105- 236(4). The penalty for a bad check is ten percent (10%) of the amount of the check, with a minimum of $1 and a maximum of $1,000, G.S. 105-236(1). G.S. 153A-156(f) and G.S. 160A-215.1(f) provide for interest on delinquent taxes at a rate of 0.75 percent (0.75%) per month, or 9 percent per year.