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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
Fields
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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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 owner's/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 />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 depositor for 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 owner's/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 />Ordinance No. NS-2972 <br />Page 17 of 25 <br />
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