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44 address taxation of businesses, including subchapter S 45 corporations, taxation incentives and disincentives 46 for economic development, and the long-term objectives 47 of business taxation. The legislative council is 48 requested to authorize up to $100,000 for consultants 49 and other costs associated with the business taxation 50 study. Page 2 1 Sec. 4. RETROACTIVE APPLICABILITY. This division 2 of this Act applies retroactively to January 1, 1995, 3 for tax years beginning on or after that date. 4 DIVISION II 5 SUPPLEMENTAL LEVY AND COUNTY MENTAL HEALTH FUND 6 Sec. 5. Section 123.38, unnumbered paragraph 2, 7 Code 1995, is amended to read as follows: 8 Any licensee or permittee, or the licensee's or 9 permittee's executor or administrator, or any person 10 duly appointed by the court to take charge of and 11 administer the property or assets of the licensee or 12 permittee for the benefit of the licensee's or 13 permittee's creditors, may voluntarily surrender a 14 license or permit to the division. When a license or 15 permit is surrendered the division shall notify the 16 local authority, and the division or the local 17 authority shall refund to the person surrendering the 18 license or permit, a proportionate amount of the fee 19 received by the division or the local authority for 20 the license or permit as follows: If a license or 21 permit is surrendered during the first three months of 22 the period for which it was issued, the refund shall 23 be three-fourths of the amount of the fee; if 24 surrendered more than three months but not more than 25 six months after issuance, the refund shall be one- 26 half of the amount of the fee; if surrendered more 27 than six months but not more than nine months after 28 issuance, the refund shall be one-fourth of the amount 29 of the fee. No refund shall be made, however, for any 30 special liquor permit, nor for a liquor control 31 license, wine permit, or beer permit surrendered more 32 than nine months after issuance. For purposes of this 33 paragraph, any portion of license or permit fees used 34 for the purposes authorized in section 331.424, 35 subsection 1, paragraphs "a",and "b", "c", "d","e",36"f", "g", and "h", and in section 331.424A, shall not 37 be deemed received either by the division or by a 38 local authority. No refund shall be made to any 39 licensee or permittee, upon the surrender of the 40 license or permit, if there is at the time of 41 surrender, a complaint filed with the division or 42 local authority, charging the licensee or permittee 43 with a violation of this chapter. If upon a hearing 44 on a complaint the license or permit is not revoked or 45 suspended, then the licensee or permittee is eligible, 46 upon surrender of the license or permit, to receive a 47 refund as provided in this section; but if the license
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