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ORDINANCE NS-2162 <br />Page 13 <br /> <br /> (a) To insure compliance with transient occupancy tax <br />payment requirements, the finance director shall require each <br />new operator subject to such requirements to deposit with the <br />city within one year after the effective date of this article, <br />or within thirty (30) days after commencing business, <br />whichever is later, such security in a form acceptable to the <br />finance director in the amount not greater than the person's <br />estimated average liability for the first period for which a <br />return must be filed or the sum of ten thousand dollars <br />($10,000.00), whichever is the lesser. To recover transient <br />occupancy taxes, including penalties and interest, remittable <br />by the depositor, the finance director may apply the security <br />deposited with the finance director. <br /> <br /> (b) At least fifteen (15) days prior to the application <br />of a security deposit, the finance director shall serve upon <br />the depositing operator notice of intent to apply the security <br />deposit. Service of notice may be made by placing the notice <br />in the United States mail, postage prepaid, addressed to the <br />depositing operator at his hotel. Any portion of the security <br />remaining after satisfaction of outstanding transient <br />occupancy taxes, penalties, interest and costs of sale, may be <br />retained by the finance director for security or may be paid <br />over by him to the depositing operator. <br /> <br /> (c) In the case of the transfer or cessation of business <br />by the depositor, the finance director shall refund or release <br />the security amount required pursuant to this section, upon <br />depositor's presentation to the finance director of either a <br />receipt from the finance director showing that all transient <br />occupancy taxes, including any penalty, interest or other <br />charges or costs outstanding, have been paid or a certificate <br />of nonliability stating the nonliability of the depositor for <br />payment of transient occupancy tax as hereinunder provided in <br />section 35-140. <br /> <br />~eo. 35-~40. <br /> <br />Transfer or cessation of business; operator's <br />duty to notify; remitting and reporting <br />requirements; eloseout audit; successor's duty <br />to notify; successor's liability; certificate <br />of nonliability. <br /> <br /> (a) Operator's duty to notify. An operator who is <br />transferring, selling or terminating his business shall notify <br />the finance director in writing of such sale, transfer or <br />termination and the name and address of the purchaser or <br />transferee at least thirty (30) days in advance of the date of <br />the transfer, sale or termination, unless the decision to <br />sell, transfer or terminate was made within less than a thirty <br />(30) day period prior to the transfer, sale or termination, in <br />which case the operator shall then immediately notify the <br /> <br />13 <br /> <br /> <br />