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Sec. 2-169. —Collection and Enforcement. <br />The Elk River Sales and Use Tax imposed by the City pursuant to this Article shall be <br />subject to the same interests, penalties, and other rules as are applicable to the State general <br />sales tax imposed by Minnesota Statutes Chapters 270C, 289A and 297A. The Elk River <br />Sales and Use Tax imposed by the City pursuant to this Article may be collected by the State <br />on behalf of the City as provided by an appropriate agreement with the Minnesota <br />Commissioner or Revenue. The Elk River Sales and Use Tax imposed by the City pursuant <br />to this Article shall expire at the earlier of (1) 25 years after the Elk River Sales and Use Tax <br />is first imposed, or (2) when the City Council determines that $35,000,000 has been received <br />from the Elk River Sales and Use Tax to pay for the Designated Projects, plus an amount <br />sufficient to pay the costs related to the issuance and paying debt service on the bonds. Any <br />funds remaining after payment of all such costs and retirement or redemption of the bonds <br />shall be placed in the general fund of the City. The Elk River Sales and Use Tax imposed by <br />the City pursuant to this Article may expire at any earlier time if the City Council so <br />determines by ordinance. <br />Sec. 2-170. —Tax Clearance; Issuance of Licenses. <br />The City may not issue or renew a license for the conduct of trade or business in the City <br />if the Commissioner notifies the City that the applicant for such license owes delinquent Elk <br />River Sales and Use Taxes as provided in this Article, or penalties or interest due on such <br />taxes. For the purposes of this section, the following terms have the following meanings: <br />(a) Elk River Sales and Use Taxes include all taxes as provided in this Article including <br />all penalties and interest due on said taxes. <br />(b) Delinquent taxes do not include a tax liability if: <br />(1) an administrative or court action which contests the amount or validity of the <br />liability has been filed or served; <br />(2) the appeal period to contest the tax liability has not expired; or <br />(3) the applicant has entered into a payment agreement and is current with the <br />payments. <br />(c) Applicant means an individual if the license is issued to or in the name of an <br />individual or the corporation, partnership or other entity if the license is issued to or <br />in the name of a corporation, partnership or other entity. <br />(d) A copy of the notice of delinquent taxes given to the City shall also be sent to the <br />applicant taxpayer. In the case of renewal of a license, if the applicant requests a <br />hearing in writing, within thirty (30) days of the receipt of the notice of delinquent <br />taxes, then a contested case hearing shall be held by the Commissioner under the <br />same procedures as provided in Minnesota Statutes, Section 270C.72 for the State <br />sales and use tax imposed under Minnesota Statutes, Chapter 297A, provided that if <br />a hearing must be held on the State sales and use tax, the hearings may be combined. <br />4 <br />586504v2EL185-44 <br />