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(a) Rentals of tangible personal property are not subject to sales tax if the following two conditions exist:

(1) The tangible personal property is required to be used by the customer on the retailer's premises; and

(2) The retailer has elected to pay the city sales tax or use tax on the purchase of the tangible personal property to be rented and has paid the city sales tax to a retailer licensed with the City or use tax as required in section 130-200(b).

(b) For a customer to receive the exemption under this section the retailer must make the election as specified in subsection (a)(2) above. If the retailer elects not to pay the city sales tax or use tax as noted in subsection (a)(2) above, the retailer must collect and remit sales tax from each customer who rents the tangible personal property. Once having made the election the retailer must continue to impose and collect the tax in the manner elected unless granted authorization to change by the finance director. The failure of the retailer to pay the city sales tax or use tax on the purchase of the tangible personal property to be rented shall be deemed as an election by the retailer to collect the sales tax from the customer on each rental. (Ord. No. 2015-41, § 1, 10-12-2015)