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75A - PH CANNABIS MUNI CODE AMEND
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75A - PH CANNABIS MUNI CODE AMEND
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8/15/2019 5:51:41 PM
Creation date
8/15/2019 5:33:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
8/20/2019
Destruction Year
2024
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(e) Jeopardy Determination. If the collector believes that the collection of any <br />business license tax imposed by this Article will be ieopardized in whole or in part <br />by delay in the commercial cannabis business owner's/operator's timely remittance <br />of the business license tax. the collector shall serve notice upon the person <br />determined to be liable therefor of their determination of ieopardv and of the <br />business license tax required to be paid to the City, and demand immediate <br />Payment thereof, together with any interest and penalty determined to be due The <br />collector may consider all facts and circumstances relevant to determining whether <br />the collection of any business license tax will be ieopardized by delay, including but <br />not limited to indications that the person liable for the business license tax intends <br />to take or is taking action to discontinue business activities in the City, dissipate or <br />otherwise remove assets from the City, or sell exchange transfer, assign or <br />otherwise dispose of such Person's business personal or business income or <br />business property. The collector also may consider whether the person liable for <br />the business license tax is or has been uncooperative or unresponsive in <br />connection with any investigation examination audit deficiency determination <br />assessment, or collection action or procedure undertaken by the collector. A <br />ieopardv determination of business license tax, penalty, or interest is immediately <br />due and payable upon the service of the notice of ieopardv determination on the <br />Person determined to be liable therefor. Service of notice of a ieopardv <br />determination shall be made by: (1) sending the notice initially by electronic mail to <br />the depositing commercial cannabis business owner's/operator's electronic mail <br />address of record as set out in the depositing commercial cannabis business <br />owners/operator's application for business license or most recent business license <br />renewal affidavit or business license amendment statement (2) placing the notice <br />for delivery with an express carrier for next business day delivery, all delivery and <br />tracking charges prepaid addressed to the depositing commercial cannabis <br />business owner/operator at their place of business; and/or (3) conspicuously <br />posting said notice upon the premises of the commercial cannabis business <br />Service of notice of a ieopardv determination shall be deemed completed upon <br />tracking confirmation of the delivery of said notice to the commercial cannabis <br />business owner's/operator's place of business or on the date of the actual posting <br />of said notice on the premises of the depositing commercial cannabis business <br />owner/operator. Upon the business day next following the completion of service of <br />notice of a ieopardv determination upon a depositing commercial cannabis <br />business, the collector in his or her discretion may proceed with the application of <br />the security deposit upon actual or estimated business license taxes due including <br />penalties, interest, charges, or service fees. <br />(f) Refund or release of securitv deposit In the case of the sale assignment or other <br />transfer or termination of business by the depositor pursuant to section 21-141 the <br />collector shall refund or release the security deposit amount required pursuant to <br />this section, or in the event of prior application of the security deposit pursuant to <br />is <br />75A-34 <br />
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