Baliles responds after threat of legal action

From: “Baliles, Jonathan T. – Council Member” <Jonathan.Baliles@richmondgov.com>
To: C WAYNE TAYLOR
Sent: Wednesday, August 28, 2013 9:23 AM
Subject: RE: Baliles – Meals Tax

Mr. Taylor -

My comments and suggestion about breweries are based simply on my reading of the poorly worded ordinance which you cite in your email.

Thanks.

Jon

From: C WAYNE TAYLOR

Sent: Tuesday, August 27, 2013 8:40 AM

To: Baliles, Jonathan T. – Council Member; Ali, Lou B. – Council Chief of Staff

Cc: C WAYNE TAYLOR
Subject: Baliles – Meals Tax

[Dear Ms. Ali, Please forward to council. Thank you, C. Wayne Taylor]

August 27, 2013

The Honorable Jonathan Baliles
City of Richmond
900 E. Broad St., Suite 200
Richmond, VA 23219 USA

Re: Meals Tax

Dear Mr. Baliles,

Please take notice of the attached Petition For Mandamus, C. Wayne Taylor v. Jonathon Baliles, provided pursuant to §2.2-3713, Code of Virginia.
Sincerely yours,

C. Wayne Taylor
CityHallReview.com

Attachment:
Petition For Mandamus (Meals Tax.jpg)
August 7 2013 request for records (below)

Copy:

City Council, via lou.ali@richmondgov.com
Better Government Richmond
Press

From: C WAYNE TAYLOR
Sent: Wednesday, August 07, 2013 2:01 PM
To: Baliles, Jonathan T. – Council Member; Ali, Lou B. – Council Chief of Staff
Cc: C WAYNE TAYLOR
Subject: Baliles – Meals Tax

[Dear Ms. Ali, Please forward to council. Thank you, C. Wayne Taylor]

August 7, 2013

The Honorable Jonathan Baliles
City of Richmond
900 E. Broad St., Suite 200
Richmond, VA 23219 USA

Re: Meals Tax

Dear Mr. Baliles,
Please send me free copies of any records which suggest that the city meals tax does not apply to a brewery.
You seem to think that the city meals tax does not apply to breweries:

 

Councilman Jonathan T. Baliles, 1st District, said he will introduce legislation at the Sept. 9 City Council meeting adding breweries and wineries to the list of food establishments.

“I looked at the definition of food establishments, and brewery is not in there,” Baliles said. “This is a case of state law changing and city code not keeping up.”

City wants back taxes from Hardywood Brewery, Richmond Times-Dispatch, August 6, 2013.

 

The city code was amended in 2000 and the definition of “food establishment” was revised to clearly apply broadly:

Old definition: Food establishment shall mean any place in which articles of food or food products are manufactured, prepared, packaged, processed, stored, sold or distributed and shall include [list omitted].

New definition: Food establishment. Any place in or from which food or food products are prepared, packaged, sold or distributed in the City, including but not limited to [list omitted] and shall include private property outside of and contiguous to a building or structure operated as a food establishment at which food or food products are sold for immediate consumption. Ordinance 2000-248 (emphasis added)

Please explain why you think a brewery is not subject to the meals tax.

Sincerely yours,

C. Wayne Taylor
CityHallReview.com

Copy: Council, City Clerk, Better Government Richmond, Press