§ 7-1415. REFUNDS AND PROCEDURES.

(a)

No refund shall be made of any tax collected pursuant to this Article, except as provided in Section 7-1415.

(b)

No refund of any tax collected pursuant to this Article shall be made because of the discontinuation, dissolution, or other termination of a business.

(1)

Whenever a Cannabis Business License Tax has been paid to the City under a mistake of law or a mistake of fact as described in subsections (b) and (c) of Section 7-906, the tax shall be refunded when a demand for refund has been made on a form prescribed by the Controller. No refund shall be approved after three years from the date of receipt by the City of the money to be refunded.

(2)

Interest shall be paid on the amount of any overpayment of taxes at the rate of three-quarters of one per cent (0.75%) per month, or fraction thereof, from the date of receipt by the City of the money to be refunded, but no refund or credit shall be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited. The interest shall be paid:

(a)

In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Controller that a claim may be filed or the date upon which the claim is approved by the Controller, whichever date is the earlier.

(b)

In the case of a credit, to the same date as that to which interest is computed on the license fee or amount against which the credit is applied.

(3)

If the Controller determines that any overpayment has been made intentionally or by reason of carelessness, he shall not allow any interest thereon.

(c)

The Controller, his or her designee, or any other City officer charged with the administration of this Article shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Controller to do so.

(d)

In the event that the Cannabis Business License Tax was erroneously paid, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one (1) year from when the error was identified.

(Added Res. No. 2018-134, § 2, eff. 6-19-18).