§ 5-530 Villages authorized to impose taxes on utilities. 1.
Notwithstanding any other provisions of law to the contrary, any village
is hereby authorized and empowered to adopt and amend local laws
imposing in any such village a tax such as was imposed by section one
hundred eighty-six-a of the tax law, in effect on January first,
nineteen hundred fifty-nine, except that the rate thereof shall not
exceed one per centum of gross income or of gross operating income, as
the case may be, and may make provision for the collection thereof by
the chief fiscal officer of such village; provided, however, that
nothing herein contained shall be construed so as to prevent any village
from adopting local laws exempting from such tax omnibus corporations
subject to the supervision of the state department of public service
under article three-a of the public service law. A tax imposed pursuant
to this section shall have application only within the territorial
limits of any such village, and shall be in addition to any and all
other taxes. This section shall not authorize the imposition of a tax on
any transaction originating or consummated outside of the territorial
limits of any such village, notwithstanding that some act be necessarily
performed with respect to such transaction within such limits.

2. Revenues resulting from the imposition of taxes authorized by this
section heretofore or hereafter imposed shall be paid to the treasurer
of the village imposing the same, and shall be credited to and deposited
in the general fund of such village.

3. All of the provisions of section one hundred eighty-six-a of the
tax law, so far as the same are or can be made applicable, with such
limitations as are set forth in this section, and such modifications as
may be necessary in order to adapt such taxes to local conditions shall
apply to the taxes authorized by this section.

4. Notwithstanding any other provisions of this section or of section
one hundred eighty-six-a of the tax law, the words "gross income" shall
include:

a. In the case of a utility engaged in selling telephony or telephone
service, only receipts from local exchange service wholly consummated
within the village; and

b. In the case of a utility engaged in selling telegraphy or telegraph
service, only receipts from transactions wholly consummated within the
village.

5. Any final determination of the amount of any tax payable hereunder
shall be reviewable for error, illegality, or unconstitutionality or any
other reason whatsoever by a proceeding under article seventy-eight of
the civil practice law and rules if the proceeding is commenced within
ninety days after the giving of the notice of such final determination;
provided, however, that any such proceeding under said article
seventy-eight shall not be instituted unless the amount of any tax
sought to be reviewed, with such interest and penalties thereon as may
be provided for by local law, ordinance or resolution, shall be first
deposited and an undertaking filed, in such amount and with such
sureties as a justice of the supreme court shall approve to the effect
that if such proceeding be dismissed or the tax confirmed the petitioner
will pay all costs and charges which may accrue in the prosecution of
such proceeding.

6. Where any tax imposed hereunder shall have been erroneously,
illegally or unconstitutionally collected and application for the refund
thereof duly made to the proper fiscal officer or officers, and such
officer or officers shall have made a determination denying such refund,
such determination shall be reviewable by a proceeding under article
seventy-eight of the civil practice law and rules, provided, however,
that such proceeding is commenced within ninety days after the giving of
the notice of such denial, that a final determination of tax due was not
previously made, and that an undertaking is filed with the proper fiscal
officer or officers in such amount and with such sureties as a justice
of the supreme court shall approve to the effect that if such proceeding
be dismissed or the tax confirmed, the petitioner will pay all costs and
charges which may accrue in the prosecution of such proceeding.

7. Except in the case of a willfully false or fraudulent return with
intent to evade the tax, no assessment of additional tax shall be made
with respect to taxes imposed under this section, after the expiration
of more than three years from the date of the filing of a return,
provided, that where no return has been filed as provided by local law
the tax may be assessed at any time.