Town of Herndon Considers Injunction Against Tortilla Factory

The Town of Herndon is considering a civil action for injunction against after the business stopped complying with the town’s meals tax laws in 2009.

During the town council work session on Tuesday, Jan. 17 Town Attorney Richard Kaufman briefed the council on the issue. He said Tortilla Factory stopped complying with the meals tax in 2009, and in 2010 stopped filing the monthly returns and voluntarily remitting the meals taxes collected to the town.

Kaufman said the amount due from Aug. 2011 to Oct. 2011 was $7,277.49, and now including the remainder of 2011 totals more than $14,000, including penalties and interest. The Town of Herndon has filed two civil actions and five bank levies against Tortilla Factory, its vice president and secretary during 2011, he said. 

Now Kaufman is recommending a civil action in a higher court with a petition to the court that would result in a court order requiring the principal of the business to comply with the meals tax. Kaufman said while the purpose of the injunction is to collect the money, it is also to generate compliance with the town’s laws.

Kaufman said the injunction is a slow, difficult process, as well as a time consuming one. He said if the business fails to comply with legislative and judicial injunction the court would have “serious possible civil contempt tools at its disposal” including additional civil fines and “possible potential civil incarceration” until compliance is met.

The Town of Herndon’s current . The decision on the injunction will be made at the Herndon Town Council's next public hearing, Tuesday, Jan. 24 at 7 p.m. in the Mary Ingram Council Chambers, 765 Lynn St.