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12/10/2018 <br />3. Receive and record all taxes remitted to the City as provided in this Article; <br />4. Maintain records of taxpayer reports and taxes collected pursuant to this <br />Article; <br />5. Assess penalties and interest to taxpayers pursuant to this Article; <br />6. Determine amounts owed and enforce collection pursuant to this Article. <br />Sec. 32.816 Appeal procedure. <br />Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the <br />amount of tax, interest, penalties, fees, or any amount determined to be owed, if any, due <br />under this Article may appeal to the City Council by filing a notice of appeal with the City <br />Clerk within fifteen (15) calendar days of the date of the determination of amounts due. <br />The appeal shall be filed, processed and heard in accordance with Chapter 1 of this <br />Municipal Code. The finding of the City Council shall be final and conclusive and shall be <br />served upon the appellant in the manner prescribed by this Article for service of notice of <br />hearing. Any amount found to be due shall be immediately due and payable upon the <br />service of the notice of the decision. <br />Sec. 32.817 Enforcement - action to collect. <br />Any taxes, penalties and/or fees required to be paid under the provisions of this Article <br />shall be deemed a debt owed to the City. Any person owing money to the City under the <br />provisions of this Article shall be liable in an action brought in the name of the City for the <br />recovery of such debt. The provisions of this Section shall not be deemed a limitation <br />upon the right of the City to bring any other action including criminal, civil and equitable <br />actions, based upon the failure to pay the tax, penalties and/or fees imposed by this Article <br />or the failure to comply with any of the provisions of this Article. <br />Sec. 32.818 Apportionment. <br />If a business subject to the tax is operating both within and outside the City, it is the intent <br />of the City to apply the cannabis business tax so that the measure of the tax fairly reflects <br />the proportion of the taxed activity actually carried on in the City. To the extent federal or <br />state law requires that any tax due from any taxpayer be apportioned, the taxpayer may <br />indicate said apportionment on his or her tax return. The Tax Administrator may <br />promulgate administrative procedures for apportionment as he or she finds useful or <br />necessary. <br />Sec. 32.819 Constitutionality and legality. <br />This tax is intended to be applied in a manner consistent with the United States and <br />California Constitutions and state law. None of the tax provided for by this Article shall be <br />applied in a manner that causes an undue burden upon interstate commerce, a violation <br />ATTY/ORD.473/RC CANNABIS TAX ORDINANCE ORDINANCE NO. 2461 <br />REV: 07-18-18 VR MUFF NO. 305 <br />Page 10 of 16 <br />