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NS-2972
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Last modified
8/11/2020 1:38:06 PM
Creation date
9/12/2019 9:51:21 AM
Metadata
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2972
Date
9/3/2019
Destruction Year
P
Document Relationships
NS-2962
(Amends)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
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(s) Operative date of decreased gross receipts tax rate. The gross receipts tax set <br />initially at a rate of five (5%) percent for testing facilities or testing laboratories <br />pursuant to subsection (d) above shall be decreased to a rate of one -percent (1 %) <br />by resolution of the City Council [Santa Ana City Council Resolution No, 2019-xx] as <br />hereinabove provided for in accordance with subsection (c), which reduced rate, <br />under the terms of said City Council resolution, shall become retroactively effective <br />July 1, 2019. <br />Section 8. Section 21-136 of Article XIII of Chapter 21 of the Santa Ana <br />Municipal Code is hereby amended to read in full as follows: <br />Sec. 21-136. Security for collection of commercial cannabis business' business <br />license tax; requirement; extension of time; application; failure to post or restore — <br />effect; jeopardy determination; refund or release; deposit adjustment —effect. <br />(a) Requirement for Security Deposit. To ensure compliance with business license tax <br />payment requirements established pursuant to this Article, the collector shall <br />require, beginning on the operative date of this Article, that each commercial <br />cannabis business owner/operator, including but not limited to each purchaser, <br />assignee, transferee, or other successor in interest (hereinafter collectively referred <br />to as successor) of a commercial cannabis business subject to the business <br />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 />Ordinance No. NS-2972 <br />Page 15 of 25 <br />
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