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NS-2648
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Last modified
1/3/2012 1:01:16 PM
Creation date
4/9/2004 1:27:53 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2648
Date
4/5/2004
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<br />(c) Closeout audit. After filing the final return and remitting the balance due, <br />the operator shall make his records of account available for a closeout audit by the <br />finance director or duly authorized employee or agent of the city. If, upon audit by the <br />city, the operator transferring or quitting his business is found to have satisfied all Hotel <br />Visitors' liability, the finance director shall issue to such operator a certificate of <br />non liability stating the non liability of the operator for payment of Hotel Visitors' taxes. If, <br />upon audit by the city, the operator transferring or quitting his business is deficient in <br />either his return or his remittance or both, the finance director shall immediately assess <br />such operator the amount of the net deficiency in accordance with section 35-132 <br />above. Upon such operator's remittance of the deficient amount plus any penalty and <br />interest assessed, the finance director shall issue a certificate of nonliability. <br /> <br />(d) Successor's duty to notify. If an operator who is liable for any Hotel <br />Visitors' taxes, penalties or interest under this article sells or otherwise transfers his <br />business, his assignee or successor in interest shall notify the finance director of the <br />date of the sale or transfer at least thirty (30) days before the date of the sale or <br />transfer. If the decision to sell or transfer was made within less than a thirty-day period <br />prior to the sale or transfer, the assignee or successor in interest shall notify the finance <br />director immediately and shall withhold an amount equal to the accrued or outstanding <br />Hotel Visitors' tax liability of the operator until the transferring operator produces either a <br />receipt from the finance director showing that the tax, including any penalty, interest or <br />other charge or cost outstanding, has been paid or a certificate of nonliability stating the <br />nonliability of the operator for payment of Hotel Visitors' tax. If the transferor does not <br />present a receipt or notice of nonliability within thirty (30) days after such sale or transfer <br />after such assignee or successor commences to conduct business, the assignee or <br />successor shall deposit the withheld amount with the finance director pending <br />settlement of the account of the transferor. <br /> <br />(e) Successor's liability. If the assignee or successor in interest fails to <br />withhold the amount required to satisfy the tax liability, he shall become personally liable <br />for the payment of the amount required to be withheld by him and shall be subject to <br />penalty and interest charges as set forth in section 35-132. <br /> <br />(f) Certificate of nonliability. Within thirty (30) days from the receipt of the <br />application of any operator for a certificate of nonliability for the payment of Hotel <br />Visitors' taxes, the finance director after conducting an audit therefore shall issue the <br />certificate if the operator's tax liability has been satisfied to the date of the application. If <br />tax has accrued to that date, the finance director shall give notice to the operator of the <br />amount which must be paid as a condition of issuing the certificate. <br /> <br />Section 10. Section 35-141 of the Santa Ana Municipal Code is hereby amended <br />such that it reads as follows (new language in bold, deleted language in strikeout) <br /> <br />Sec. 35-141. Additional powers and duties of tax administrator, etc. <br /> <br />Ordinance No. NS-2648 <br />Page 10 of 12 <br />
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