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FULL PACKET_2019-09-03
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FULL PACKET_2019-09-03
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City Clerk
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Clerk of the Council
Date
9/3/2019
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collectors written demand therefor, to re -deposit the full amount of the required <br />security. In such event the amount of the required security shall be adjusted by the <br />collector based on the average of the commercial cannabis business' actual monthly <br />gross receipts tax returns and/or remittances as measured over the last three (3) <br />valid monthly returns and/or remittances received by the collector or the sum of ten <br />thousand dollars ($10,000), whichever is least, less any amount remaining on <br />deposit with the collector. Service of demand shall be in the same manner as stated <br />hereinabove for service of notice. <br />(d) Failure to Post or Restore Security Deposit —effect. Failure by a commercial <br />cannabis business licensee to initially post or restore a security deposit when <br />required by the collector pursuant to this section shall be cause for suspension <br />and/or revocation of such commercial cannabis business' existing Santa Ana <br />Business License as set out in section 21-86 of this Chapter. Similarly, in the case <br />of a vertically and/or horizontally integrated cannabis business, the business <br />license(s) of the integrated commercial cannabis business(es) shall be likewise <br />subject to suspension and/or revocation. <br />(e) Jeopardy Determination. If the collector believes that the collection of any business <br />license tax imposed by this Article will be jeopardized, in whole or in part, by delay <br />in the commercial cannabis business owners/operator's timely remittance of the <br />business license tax, the collector shall serve notice upon the person determined to <br />be liable therefor of their determination of jeopardy and of the business license tax <br />required to be paid to the City, and demand immediate payment thereof, together <br />with any interest and penalty determined to be due. The collector may consider all <br />facts and circumstances relevant to determining whether the collection of any <br />business license tax will be jeopardized by delay, including but not limited to <br />indications that the person liable for the business license tax intends to take or is <br />taking action to discontinue business activities in the City, dissipate or otherwise <br />remove assets from the City, or sell, exchange, transfer, assign, or otherwise <br />dispose of such person's business, personal or business income, or business <br />property. The collector also may consider whether the person liable for the business <br />license tax is or has been uncooperative or unresponsive in connection with any <br />investigation, examination, audit, deficiency determination, assessment, or <br />collection action or procedure undertaken by the collector. A jeopardy determination <br />of business license tax, penalty, or interest, is immediately due and payable upon <br />the service of the notice of jeopardy determination on the person determined to be <br />liable therefor. Service of notice of a jeopardy determination shall be made by: (1) <br />sending the notice initially by electronic mail to the depositing commercial cannabis <br />business owner's/operator's electronic mail address of record as set out in the <br />depositing commercial cannabis business owners/operator's application for <br />business license or most recent business license renewal affidavit or business <br />license amendment statement; (2) placing the notice for delivery with an express <br />17 <br />11A-17 <br />
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