§ 68-576. Sale of business; rights of secured creditors.

(a)

If any person required to remit a tax levied under this article or his successors shall sell his or their business or stock of goods or shall quit the business, such person shall make a final return under oath within 15 days after the date of selling or quitting business.

(b)

Except as provided in this section, all successors, if any, shall be required to withhold sufficient amounts of the purchase money to cover any such taxes, interest or penalties due and unpaid until such time as the former owner or predecessor, whether immediate or not, shall provide a receipt from the city showing that the taxes have been paid, or a certificate stating that no taxes are due. If the purchaser of a business or stock of goods shall fail to withhold the purchase money as provided in this section, the purchaser shall be personally liable for the payment of the taxes, interest and penalties accrued and unpaid on account of the operation of the business by the former owner and person.

(c)

The city shall, notwithstanding the provisions of RSMo 32.057, upon written request, furnish within 15 business days from the receipt of such request by certified mail, return receipt requested, to any owner, successor, secured creditor or purchaser, or in the case of a proposed purchaser if joined in writing by the owner, a statement showing the amount of taxes, interest or penalty due and owing or a certificate showing that no taxes, interest or penalties are due under this article, including the date of the last payment for such taxes, interest or penalties as shown by the records of the city. The person obtaining this certificate may rely upon such for a period of 120 days.

(d)

A secured creditor who shall enforce a lien against a business or stock of goods of a business subject to this article shall be entitled to obtain from the city a statement of tax due and the status of tax payments. If the city does not respond within 15 business days from the date of receipt of such request by the secured creditor seeking to enforce its lien, it shall be conclusively presumed that all such taxes have been paid as to the secured creditor or any successor of the secured creditor, whether such successor is immediate or not. Nothing in this section shall eliminate the liability of the owner of the business owing tax from the liability to pay such tax. Any purchaser who acquires the business or stock of goods as a result of the enforcement action by a creditor, including the creditor, shall be exempt from the liability set forth in subsection (b) of this section, whether such purchaser is immediate or subsequent thereto.

(e)

Any such creditor who shall enforce a lien against the business or stock of goods subject to the provisions of this section shall be entitled to be paid the principal sums due, and all accrued interest thereto under the laws of the state or the United States of America. Any balance then remaining, up to the amount of the tax, interest and penalties then due, shall be remitted to the city as provided by this section. Nothing in this section shall affect the priority of any lien filed by the city against the former owner or predecessor.

(f)

Mailing of notices or requests, by first class mail, postage prepaid, certified with return receipt requested, shall be prima facie evidence that the party to whom it is addressed received the correspondence, notice or request.

(Code of Gen. Ords. 1967, § 32.325; Ord. No. 65276, 3-22-90)