(1) A statutory local government, special district, or requesting home rule jurisdiction may allow by ordinance or resolution a retailer that collects and remits its sales or use tax to retain a percentage, as fixed by the statutory local government, special district, or requesting home rule jurisdiction, of the amount remitted to cover the vendor's expense in collecting and remitting the statutory local government, special district, or requesting home rule jurisdiction's sales or use tax; except that: (a) A statutory local government, special district, or requesting home rule jurisdiction shall not impose any kind of limit, other than the percentage fixed as authorized by this subsection (1), on the amount of sales or use tax that a vendor may retain; and (b) The provisions of section 39-26-105 (1)(c)(III) apply if a retailer is delinquent in remitting the statutory local government, special district, or requesting home rule jurisdiction sales or use tax.
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