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 medicinal cannabis retail 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 />(c) Closeout audit. After filing the final return and remitting the balance due, the
<br />medicinal cannabis retail 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's/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 medicinal cannabis retail business owner/operator
<br />decides to sell, assign, or otherwise transfer their business, their successor shall
<br />notify the 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 />Ordinance No. NS-2972
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