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2006_Ordinances
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Sec. 14-4. Exceptions. <br />• (a)No license issuance fee or license tax shall be imposed or levied: <br />(20) On or measured by receipts of aqualifyingtransportation ransportation facility directly or indirectly <br />owned or title to which is held by the Commonwealth or any political subdivision thereof or by <br />the United States as described in Va. Code §58.1-3606.1 and developed and/or operated pursuant <br />to a concession under the Public -Private Transportation Act of 1995 (&56-556 et seq.) or similar <br />federal law. <br />(21) In anv case in which the Department of Mines, Minerals and Energy determines that the <br />weekly U.S. Retail Gasoline price (regular grade) for the Petroleum Administration for Defense <br />District—Lower Atlantic Region ("PADD 1 C") has increased by 20% or greater in any one-week <br />period over the immediately preceding one-week period and does not fall below the increased <br />rate for at least 28 consecutive days immediately following the week of such increase, then, <br />notwithstanding any tax rate on retailers imposed by this chapter, the gross receipts taxes on fuel <br />sales of a gas retailer made in the following license year shall not exceed 110% of therg oss <br />receipts taxes on fuel sales made by such retailer in the license year of such increase. The <br />Department of Mines, Minerals and Energy shall determine annually if such increase has <br />occurred and remained in effect for such 28 -day period. For license years beginning on or after <br />January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales <br />• and shall make such records available upon request by the commissioner. The provisions of this <br />subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in <br />the city for the entire license year immediately preceding the license year of such increase or (ii) <br />that was suhiect to a license fee in the city for the license vear immediately nrecedinE the license <br />• <br />Sec. 14-5. Limitations and extensions. <br />(b) If the commissioner ascertains that any license issuance fee or license tax has not been <br />assessed for the current license year or any of the three (3) preceding license years, or that the <br />same has been assessed at less than the law requires, the commissioner shall assess the license <br />issuance fee or license tax for such year or years at the rate or rates prescribed for that tax year or <br />years adding thereto penalty and interest. Interest may be computed upon the taxes and penalty <br />from the first day following the due date in the year in which such taxes should have been paid <br />and shall accrue thereon from such date until payment; provided, if such assessment was <br />4 Va. Code §58.1-3706(E) <br />5 Va. Code §58.1-3903. <br />
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