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• shall remit therewith the payment of such tax as is due for the <br />quarter. The quarterly returns and payment of tax shall be filed <br />with the Commissioner on or before the 20th day of each of the <br />months of April, July, October and January, representing, <br />respectively, the gross proceeds and taxes collected during the <br />preceding quarters ending March 31, June 30, September 30 and <br />December 31. The return shall be upon such forms and setting forth <br />such information as the Commissioner may require, showing the <br />amount of gross receipts and the tax required to be collected. The <br />taxes required to be collected under this article shall be deemed <br />to be held in trust by the person required to collect such taxes <br />until remitted as required in this article. <br />Section 10-108. Procedure upon failure to collect, report <br />or remit taxes. <br />If any person, whose duty it is so to do, shall fail or refuse <br />to collect the tax imposed under this article and to make, within <br />the time provided in this article, the returns and remittances <br />required in this article, the Commissioner shall proceed in such <br />manner as he may deem best to obtain facts and information on which <br />to base this estimate of the tax due. As soon as the Commissioner <br />shall procure such facts and information as he is able to obtain <br />upon which to base the assessment of any tax payable by any person <br />who has failed or refused to collect such tax and to make such <br />return and remittance, he shall proceed to determine and assess <br />. against such person the tax, penalty and interest provided for by <br />this article and shall notify such person, by certified mail, sent <br />to his last known place of address, of the total amount of such <br />tax, penalty and interest and the total amount thereof shall be <br />payable within ten (10) days from the date of such notice. In the <br />event such tax is not paid within ten (10) days from the date of <br />the notice, the Treasurer shall proceed to collect same in <br />accordance with Article III of Chapter 10 of the City Code and <br />Chapter 39 of Title 58.1 of the Code of Virginia. <br />Section 10-109. Penalty and interest. <br />If any person, whose duty it is so to do, shall fail or refuse <br />to remit to the Commissioner the tax required to be collected and <br />paid under this article within the time specified in this article, <br />there shall be added to such tax a penalty in the amount of ten <br />(10) percent of the tax past due or the sum of ten (10) dollars, <br />whichever is the greater; provided, that the penalty shall in no <br />case exceed the amount of the tax assessable. The assessment of <br />such penalty shall not be deemed a defense to any criminal <br />prosecution for failing to make any return or remittance as <br />required in this article. Additionally, interest on late payments <br />of all taxes overdue for more than thirty (30) days shall be added <br />at the rate of ten (10) percent per year. Penalty for failure to <br />pay the tax assessed pursuant to this article shall be assessed on <br />• the first day following the day such quarterly installment payment <br />3 <br />