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<br />. <br /> <br />dollars ($10,000.00), whichever is the lesser. To recover Hotel Visitors' taxes, <br />including penalties and interest, remittable by the depositor, the finance director may <br />apply the security deposited with the finance director. <br /> <br />(b) At least fifteen (15) days prior to the application of a security deposit, the <br />finance director shall serve upon the depositing operator notice of intent to apply the <br />security deposit. Service of notice may be made by placing the notice in the United <br />States mail, postage prepaid, addressed to the depositing operator at his Hotel. Any <br />portion of the security remaining after satisfaction of outstanding Hotel Visitors' taxes, <br />penalties, interest and costs of sale may be retained by the finance director for security <br />or may be paid over by him to the depositing operator. <br /> <br />(c) In the case of the transfer or cessation of business by the depositor, the <br />finance director shall refund or release the security amount required pursuant to this <br />section, upon depositor's presentation to the finance director of either a receipt from the <br />finance director showing that all Hotel Visitors' taxes, including any penalty, interest or <br />other charges or costs outstanding, have been paid or a certificate of nonliability stating <br />the nonliability of the depositor for payment of Hotel Visitors' tax as hereunder provided <br />in section 35-140. <br /> <br />Section 10. Section 35-140 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 />. <br /> <br />Sec. 35-140. Transfer or cessation of business; operator's duty to notify; remitting and <br />reporting requirements; closeout audit; successor's duty to notify; successor's liability; <br />certificate of nonliability. <br /> <br />(a) Operator's duty to notify. An operator who is transferring, selling or <br />terminating his business shall notify the finance director in writing of such sale, transfer <br />or termination and the name and address of the purchaser or transferee at least thirty <br />(30) days in advance of the date of the transfer, sale or termination, unless the decision <br />to sell, transfer or terminate was made within less than a thirty-day period prior to the <br />transfer, sale or termination, in which case the operator shall then immediately notify the <br />purchaser or transferee of their responsibility for unpaid taxes as set forth in <br />subsections (c) and (d) below, and further certify in writing to the finance director that <br />the transferee or purchaser was notified of the requirements of this article regarding its <br />responsibility for unpaid collected taxes. <br /> <br />(b) Remitting and reporting requirements. Each operator upon the transfer or <br />cessation of business for any reason shall, on or before the last day of the next month <br />following the transfer or cessation of business, make a return to the finance director on <br />approved forms of the total taxable rents charged, the amount of tax collected for the <br />reporting period, remittances made, if any, and the balance of the tax due, if any, shall <br />be remitted to the finance director. <br /> <br />. <br /> <br />Ordinance No. NS-2648 <br />Page 9 of 12 <br />