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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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carrier for next business day delivery, all delivery and tracking charges prepaid, <br />addressed to the depositing commercial cannabis business owner/operator at their <br />place of business; and/or (3) conspicuously posting said notice upon the premises <br />of the commercial cannabis business. Service of notice of a jeopardy determination <br />shall be deemed completed upon tracking confirmation of the delivery of said notice <br />to the commercial cannabis business owner's/operator's place of business or on the <br />date of the actual posting of said notice on the premises of the depositing <br />commercial cannabis business owner/operator. Upon the business day next <br />following the completion of service of notice of a jeopardy determination upon a <br />depositing commercial cannabis business, the collector in his or her discretion may <br />proceed with the application of the security deposit upon actual or estimated <br />business license taxes due, including penalties, interest, charges, or service fees. <br />(f) Refund or release of security 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 />subsection (c), any unapplied amount of such security deposit, upon depositor's <br />presentation to the collector of a certificate of nonliability stating the nonliability of <br />the depositorfor payment of business license taxes as hereunder provided in section <br />21-141(f). <br />(g) Deposit adjustment —effect. In the case of a determination by the collector that the <br />amount of a previously posted commercial cannabis business owners/operator's <br />security deposit exceeds the requirements of this section, then the collector shall <br />adjust the amount of the required security deposit. If the prior security deposit was <br />posted on a cash basis, then the collector shall refund the excess amount. If the <br />prior security deposit was posted on a non -cash basis, then an adjusted cash basis <br />security deposit or adjusted non -cash basis security deposit in a form acceptable to <br />the collector may be posted in exchange for the release of the prior security deposit. <br />Section 9. Section 21-141 of Article XIII of Chapter 21 of the Santa Ana <br />Municipal Code is hereby added to read as follows: <br />Sec. 21-141. Sale, assignment, transfer, or termination of business commercial <br />cannabis business owner's/operator's duty to notify; remitting and reporting <br />requirements; closeout audit; successor's duty to notify; successor's and <br />transferor's joint and several liability; certificate of nonliability. <br />(a) Owner/Operator's duty to notify. <br />i. Termination of business. A commercial cannabis business owner/operator <br />who is terminating their business shall notify the collector in writing of such <br />18 <br />11 A-44 <br />
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