NS-2972 - Laserfiche WebLink

Home Browse Search

(c) Closeout audit. After filing the final return and remitting the balance due, the commercial cannabis business owner/operator shall make its records of account available for a closeout audit by the collector, his or her revenue officers, or duly authorized employees or agents of the City. The decision to perform a closeout audit shall be made solely at the discretion of the collector. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is found to have satisfied all business license tax liabilities, the collector shall issue to such business owner/operator a certificate of nonliability. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is deficient in either their return or remittance, or both, the collector shall immediately notify such owner/operator of the amount of the net deficiency, plus applicable penalties, interest, charges, fees, or costs. Upon such owner/operator's remittance of all business license tax liabilities owing, the collector shall issue a certificate of nonliability. (d) Successor's duty to notify. If a commercial cannabis business owner/operator decides to sell, assign, or otherwise transfer their business, their successor shall notifythe collector of the date of the sale, assignment, or other transfer at least ninety (90) days before the date of the sale, assignment, or transfer. It shall be the duty of the successor to obtain written verification from the collector's office that the transferor does not have or is not liable for any outstanding business license taxes liabilities. After the successor seeks written verification from the collector's office, if the collector notifies the successor that the transferor has or is liable for any outstanding amount of business license tax liabilities, the successor shall withhold an amount equal to such outstanding business license tax liabilities until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. If the decision to sell, assign, or otherwise transfer was made within less than a ninety (90) day period prior to the date of the sale, assignment, or other transfer, the successor shall notify the collector of the sale, assignment, or transfer immediately and shall withhold an amount equal to the sum of the transferor's last three (3) months' of reported and remitted business license taxes until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a certificate of nonliability within ninety (90) days after such sale, assignment or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount required under subsection (d) they shall become jointly and severally liable along Ordinance No. NS-2972 Page 19 of 25