(1)  Subject to Subsection (2), a sexually explicit business or escort service subject to the tax imposed by this chapter shall file a return with the commission and pay the tax calculated on the return to the commission:

Terms Used In Utah Code 59-27-104

(a)  quarterly on or before the last day of the month immediately following the last day of the previous calendar quarter if:

(i)  the sexually explicit business or escort service is required to file a quarterly sales and use tax return with the commission under Section 59-12-107; or

(ii)  the sexually explicit business or escort service is not required to file a sales and use tax return with the commission under Chapter 12, Sales and Use Tax Act; or

(b)  monthly on or before the last day of the month immediately following the last day of the previous calendar month if the sexually explicit business is required to file a monthly sales and use tax return with the commission under Section 59-12-108.

(2)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules to:

(a)  establish standards for determining whether an operation is a sexually explicit business or escort service; and

(b)  determine, for purposes of Section 59-27-102, amounts that are similar to an amount paid for:

(i)  a salary;

(ii)  a fee;

(iii)  a commission;

(iv)  hire; or

(v)  profit.

Amended by Chapter 382, 2008 General Session