Laserfiche WebLink
12/10/2018 <br />Sec. 32.822 Payment of tax does not authorize unlawful business. <br />A. The payment of a cannabis business tax required by this Article, and its <br />acceptance by the City, shall not entitle any person to carry on any cannabis <br />business unless the person has complied with all of the requirements of this Code, <br />the City's Zoning Ordinance and all other applicable state and local laws. <br />B. No tax paid under the provisions of this Article shall be construed as authorizing <br />the conduct or continuance of any illegal or unlawful business, or any business in <br />violation of any local or state law. <br />Sec. 32.823 Deficiency determinations. <br />If the Tax Administrator is not satisfied that any statement filed as required under the <br />provisions of this Article is correct, or that the amount of tax is correctly computed, he or <br />she may compute and determine the amount to be paid and make a deficiency <br />determination upon the basis of the facts contained in the statement or upon the basis of <br />any information in his or her possession or that may come into his or her possession <br />within three (3) years of the date the tax was originally due and payable. One or more <br />deficiency determinations of the amount of tax due for a period or periods may be made. <br />When a person discontinues engaging in a business, a deficiency determination may be <br />made at any time within three (3) years thereafter as to any liability arising from engaging <br />in such business whether or not a deficiency determination is issued prior to the date the <br />tax would otherwise be due. Whenever a deficiency determination is made, a notice shall <br />be given to the person concerned in the same manner as notices of assessment are given <br />under Section 32.825. <br />Sec. 32.824 Tax assessment—when authorized, nonpayment, fraud. <br />A. Under any of the following circumstances, the Tax Administrator may make and <br />give notice of an assessment of the amount of tax owed by a person under this <br />Article at any time: <br />1. If the person has not filed a complete statement required under the <br />provisions of this Article; <br />2. If the person has not paid the tax due under the provisions of this Article; <br />3. If the person has not, after demand by the Tax Administrator, filed a <br />corrected statement, or furnished to the Tax Administrator adequate <br />substantiation of the information contained in a statement already filed, or <br />paid any additional amount of tax due under the provisions of this Article; or <br />4. If the Tax Administrator determines that the nonpayment of any business <br />tax due under this Article is due to fraud, a penalty of twenty-five percent <br />(25%) of the amount of the tax shall be added thereto in addition to penalties <br />ATTY/ORD.473/RC CANNABIS TAX ORDINANCE <br />REV: 07-18-18 VR <br />Page 12 of 16 <br />ORDINANCE NO. 2461 <br />MUFF NO. 305 <br />