Ordinance to rescind food and beverage tax; procedures; voting
Sec. 10.7. (a) Any member of the county food and beverage tax
council may present an ordinance to rescind the food and beverage
tax. To do so, the member must adopt a resolution to propose the
ordinance to the county food and beverage tax council and distribute
a copy of the proposed ordinance to the auditor of the county. The
county auditor shall treat an ordinance presented to the county
auditor as a casting of all that member's votes in favor of the
proposed ordinance. The county auditor shall deliver copies of a
proposed ordinance to all other members of the county food and
beverage tax council within ten (10) days after receipt by the county
auditor. A member shall vote on the proposed ordinance within thirty
(30) days after receiving the proposed ordinance from the county
auditor. If a member does not vote within thirty (30) days, the county
auditor shall treat the member as having voted no on the proposed
ordinance.
(b) A member of the county food and beverage tax council may
exercise the member's votes by passing a resolution and transmitting
the resolution to the county auditor. A resolution passed by a
member of the county food and beverage tax council exercises all
votes of the member on the proposed ordinance. Those votes may not
be changed during the year.
(c) Before a member of the county food and beverage tax council
may propose an ordinance or vote on a proposed ordinance to rescind
the food and beverage tax, the member must hold a public hearing on
the proposed ordinance and provide the public with notice of the
time and place where the hearing will be held in accordance with
IC 5-3-1.
(d) The county auditor shall record all votes taken on a proposed
ordinance presented for a vote under this section and immediately
send a certified copy of the results to the department of state revenue
by certified mail.
As added by P.L.50-1994, SEC.5.
Last modified: May 28, 2006