§ 6-9-12-5 — Rate of tax

(a) Subject to subsection (b), the county food
and beverage tax imposed on a food or beverage transaction described
in section 3 of this chapter equals one percent (1%) of the gross retail
income received by the retail merchant from the transaction. The tax
authorized under this subsection expires January 1, 2041.
(b) On or before June 30, 2005, the city-county council of a county
may, by a majority vote of the members elected to the city-county
council, adopt an ordinance that increases the tax imposed under this
chapter by an additional rate of one percent (1%) to a total rate of two
percent (2%). The ordinance must specify that the increase in the tax
authorized under this subsection expires on:
(1) January 1, 2041;
(2) January 1, 2010, if on that date there are no obligations owed
by the capital improvement board of managers to the authority
created by IC 5-1-17 or to any state agency under IC 5-1-17-26;
or
(3) October 1, 2005, if on that date there are no obligations owed
by the capital improvement board of managers to the Indiana
stadium and convention building authority or to any state agency
under a lease or a sublease of an existing capital improvement
entered into under IC 5-1-17, unless waived by the budget
director.
If a city-county council adopts an ordinance under this subsection, it
shall immediately send a certified copy of the ordinance to the
commissioner of the department of state revenue, and the increase in
the tax imposed under this chapter applies to transactions that occur
after June 30, 2005.
(c) For purposes of this chapter, the gross retail income received by
the retail merchant from a transaction that is subject to the tax imposed
by this chapter does not include the amount of tax imposed on the
transaction under IC 6-2.5.
As added by Acts 1981, P.L.99, SEC.1. Amended by
P.L.214-2005, SEC.30.