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FULL PACKET_2019-09-03
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FULL PACKET_2019-09-03
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4/28/2022 10:09:19 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
9/3/2019
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licensing requirements of this Article, deposit one hundred and twenty (120) days <br />following the last day of the month in which business was first commenced such <br />security (per individual business license) in a form acceptable to the collector in an <br />amount not larger than the commercial cannabis business owner's/operator's <br />estimated average monthly business license tax liability as determined by the <br />collector or the sum of ten thousand dollars ($10,000.00), whichever is least. <br />Provided, however, in the event that two or more commercial cannabis business <br />licensees sharing at least 80% underlying common ownership, regardless of form <br />of business structure, are engaged in an integrated cannabis business (whether <br />vertically or horizontally integrated) as defined in section 21-142, then a single <br />consolidated deposit shall be made equal to the deposit amount owing for the <br />integrated commercial cannabis activity having the highest individual business <br />license tax liability. Each new city commercial cannabis business licensee shall <br />upon obtaining their City business license(s) deposit a similar security as <br />applicable per business license within thirty (30) days after commencing business. <br />(b) Extension of Time. If, upon request and in the judgment of the collector, a <br />determination of any commercial cannabis business' estimated average monthly tax <br />liability for purposes of setting the amount of their required security deposit requires <br />an extension of time beyond one hundred and twenty (120) days following the last <br />day of the month in which business was first commenced, then the collector may <br />issue a written notification to such commercial cannabis business granting such <br />extension. <br />(c) Application of Security Deposit. To recover past -due business license taxes, <br />including penalties, interest, charges, fees, or costs (hereinafter collectively referred <br />to as business license tax liabilities) remittable by the depositor, the collector may <br />apply the security deposited with the collector. At least fifteen (15) days prior to the <br />application of a security deposit, the collector shall serve upon the depositing <br />commercial cannabis business owner/operator notice of intent to apply the security <br />deposit. Service of notice may be made by placing the notice in the United States <br />mail, postage prepaid, addressed to the depositing commercial cannabis business <br />owner/operator at their place of business or other mailing address of record. Any <br />portion of the security remaining after satisfaction of outstanding business license <br />tax liabilities and any expenses related to third -party administrative charges or fees <br />relating to the liquidation and application of non -cash deposits may be retained by <br />the collector for security or in the case of a closeout audit may be paid over by the <br />collector to the depositing owner/operator. Except in the case of a closeout audit <br />pursuant to section 21-141, in the event the collector applies the security deposit, or <br />any portion of said deposit, as an offset against remittable business license tax <br />liabilities and any expenses related to third -party administrative charges or fees <br />relating to the liquidation and application of non -cash deposits, the commercial <br />cannabis business owner/operator shall be required within thirty (30) days of the <br />16 <br />11 A-42 <br />
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