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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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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 Xlil 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 />Termination of business. A commercial cannabis business owner/operator <br />who is terminating their business shall notify the collector in writing of such <br />termination at least ninety (90) days in advance of the date of termination of <br />business. If the decision to terminate business is made within less than a ninety <br />(90) day period prior to the date of termination, the owner/operator shall then <br />immediately notify the collector of said decision and the date of termination of <br />business. <br />Sale, assignment, or transfer of business. A commercial cannabis business <br />owner/operator who is selling, assigning, or otherwise transferring their <br />business (hereinafter collectively referred to as transferor) shall notify the <br />collector in writing of such sale, assignment, or transfer at least ninety (90) days <br />in advance of the date of the sale, assignment, or transfer and shall notify the <br />collector in writing of the name and address of the purchaser, assignee, <br />transferee, or other successor in interest (hereinafter collectively referred to as <br />successor) unless the decision to sell, assign, or otherwise transfer their <br />business was made within less than a ninety (90) day period prior to the sale, <br />assignment, or transfer, in which case the transferor shall then immediately <br />notify the successor of the successor's responsibility for unpaid business <br />license taxes, including penalties, interest, charges, fees, or costs (hereinafter <br />collectively referred to as business license tax liabilities) for the period prior to <br />the sale, assignment, or transfer as set forth in subsections (d) and (e) below, <br />and shall further certify in writing to the collector that the successor was notified <br />of the requirements of this Article regarding their responsibility for unpaid <br />business license tax liabilities. <br />(b) Remitting and reporting requirements. Each commercial cannabis business <br />owner/operator upon the sale, assignment, or other transfer, or termination of <br />business for any reason shall, on or before the last day of the month following the <br />sale, assignment, transfer, or termination of business, file a final return to the <br />collector on City approved forms, of the total gross receipts received, adjustments <br />to gross receipts, the amount of business license tax collected for the reporting <br />period, remittances made, if any, and the balance of the business license tax due, if <br />any, shall be remitted to the collector. <br />Ordinance No. NS-2972 <br />Page 18 of 25 <br />
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