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NS-2972 - Amending and Adding Certain Sections to Articles XIII, XII, and VII of Chapter 21 of Santa Ana Municipal Code Pertaining to Ownership Transfers, ...
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NS-2972 - Amending and Adding Certain Sections to Articles XIII, XII, and VII of Chapter 21 of Santa Ana Municipal Code Pertaining to Ownership Transfers, ...
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8/11/2020 1:38:06 PM
Creation date
9/12/2019 9:51:21 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2972
Date
9/3/2019
Destruction Year
P
Document Relationships
NS-2962 - Adding Article XIII to Chapter 21 of Santa Ana Municipal Code Related to Commercial Cannabis Business License...
(Amends)
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\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
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(c) Closeout audit. After filing the final return and remitting the balance due, the <br />commercial cannabis business owner/operator shall make its records of account <br />available for a closeout audit by the collector, his or her revenue officers, or duly <br />authorized employees or agents of the City. The decision to perform a closeout audit <br />shall be made solely at the discretion of the collector. If, upon closeout audit, or by <br />means of other information available to them, the collector determines that the <br />owner/operator selling, assigning, or otherwise transferring, or terminating their <br />business is found to have satisfied all business license tax liabilities, the collector <br />shall issue to such business owner/operator a certificate of nonliability. <br />If, upon closeout audit, or by means of other information available to them, the <br />collector determines that the owner/operator selling, assigning, or otherwise <br />transferring, or terminating their business is deficient in either their return or <br />remittance, or both, the collector shall immediately notify such owner/operator of the <br />amount of the net deficiency, plus applicable penalties, interest, charges, fees, or <br />costs. Upon such owner/operator's remittance of all business license tax liabilities <br />owing, the collector shall issue a certificate of nonliability. <br />(d) Successor's duty to notify. If a commercial cannabis business owner/operator <br />decides to sell, assign, or otherwise transfer their business, their successor shall <br />notifythe collector of the date of the sale, assignment, or other transfer at least ninety <br />(90) days before the date of the sale, assignment, or transfer. It shall be the duty of <br />the successor to obtain written verification from the collector's office that the <br />transferor does not have or is not liable for any outstanding business license taxes <br />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 />Ordinance No. NS-2972 <br />Page 19 of 25 <br />
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