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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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liabilities. After the successor seeks written verification from the collector's office, if <br />the collector notifies the successor that the transferor has or is liable for any <br />outstanding amount of business license tax liabilities, the successor shall withhold <br />an amount equal to such outstanding business license tax liabilities until the <br />transferor produces a certificate of nonliability stating the nonliability of the transferor <br />for payment of business license tax liabilities. If the transferor does not present a <br />certificate of nonliability within ninety (90) days after such sale, assignment, or other <br />transfer, the successor shall deposit the withheld amount with the collector pending <br />settlement of the account of the transferor. <br />If the decision to sell, assign, or otherwise transfer was made within less than a <br />ninety (90) day period prior to the date of the sale, assignment, or other transfer, the <br />successor shall notify the collector of the sale, assignment, or transfer immediately <br />and shall withhold an amount equal to the sum of the transferor's last three (3) <br />months' of reported and remitted business license taxes until the transferor produces <br />a certificate of nonliability stating the nonliability of the transferor for payment of <br />business license tax liabilities. If the transferor does not present a certificate of <br />nonliability within ninety (90) days after such sale, assignment, or other transfer, the <br />successor shall deposit the withheld amount with the collector pending settlement of <br />the account of the transferor. <br />(e) Joint and several liability. If the successor fails to withhold the applicable amount <br />required under subsection (d) they shall become jointly and severally liable along <br />with the transferor for the payment of the full amount of the transferor's business <br />license tax liabilities and shall likewise become jointly and severally liable along with <br />the transferor for future penalties and/or interest charges as may be applicable as <br />set forth in sections 21-83, 21-84, and 21-85 until all business license tax liabilities <br />are satisfied. <br />(f) Certificate of nonliability. Upon application of a medicinal cannabis retail business <br />operator/owner who is terminating their business, or a transferor, or a successor, for <br />a certificate of nonliability, the collector, after conducting an audit therefore, as he or <br />she may deem necessary, shall issue the certificate if the owner's/operator's, <br />transferor's, or successor's business license tax liabilities have been satisfied. If any <br />business license tax liabilities remain outstanding, or if additional business license <br />tax liabilities have accrued subsequent to the date of application, the collector shall <br />give notice to the operator/owner, transferor, or successor of the applicable amount <br />which must be fully paid as a condition of issuing their respective certificate of <br />nonliability. Where a transferor's business license tax liabilities have been partially <br />or wholly paid by their successor to the collector pursuant to subsection (e) or <br />partially or wholly satisfied by their successor's action of withholding and depositing <br />amounts with the collector pursuant to subsection (d), no certificate of nonliability <br />shall be issued to the transferor without the prior written consent of their successor. <br />Section 6. Section 21-131.2 of Article XII of Chapter 21 of the Santa Ana <br />Municipal Code is hereby added to read in full as follows: <br />11 A-5 <br />
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