(a) It shall be unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof imposed by this division shall be assumed or absorbed by the retailer or that it will not be added to the purchase price of the property sold or, if added, that it or any part thereof shall be refunded.

(b) Nothing in this section shall be deemed to prohibit any retailer selling malt, vinous, or spirituous liquors by the drink from electing to include in the purchase price of such liquor any tax levied by this division. Once having made the election and having reported his or her decision to the City on such forms as are prescribed by the finance director, he or she must continue to impose and collect the tax in the manner elected unless granted authorization to change by the finance director. Any excess taxes collected are to be remitted to the City in accordance with section 130-167. (Code 1979, § 36-82)