By Mr. Scaccia of Boston, petition (accompanied by bill, House, No. 3118) of Thomas M. Menino and others relative to permitting cities and towns to impose a local option excise on the sale of meals.  Revenue.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Thomas M. Menino

Elizabeth A. Malia

Michael F. Rush

Willie Mae Allen

Anthony Petruccelli

Kay Khan

Martha M. Walz

John W. Scibak

Ruth B. Balser

Steven J. D'Amico

Alice K. Wolf

Angelo M. Scaccia

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to a local options meals tax.

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    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. Chapter 64H of the General Laws, as appearing in the 2001 Official Edition, is hereby amended by inserting after section 2 the following section:-

Section 2A. Any city or town which accepts the provisions of this section shall be authorized to impose a local excise tax, as provided in this chapter, upon the sale of meals, as defined in this chapter, of 1% of the total price thereof. The local excise tax imposed under the provisions of this section shall be paid by the vendor to the commissioner at the same time and in the same manner as the excise tax due the commonwealth. All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted the provisions of this section in proportion to the amount of such sums received from the sale of meals in each such city or town. This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government.  The provisions of this section shall take effect on the first day of the first calendar month following such acceptance; provided, however, that such day is at least fifteen days after such acceptance; and, provided further, that if such day is less than fifteen days after such acceptance it shall take effect on the first day of the second calendar month following such acceptance. The city or town, in accepting the provisions of this section, may not revoke or re-impose the local excise tax provided for in this section more often than once in any twelve-month period.

SECTION 2. This act shall take effect upon passage.