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6.07.120 Confidentiality.

(Amended by Resolution No. 37217 (approved at November 8, 2016 election); effective November 8, 2016.)  Except as otherwise required by law, it is unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of PCC 6.07. Nothing in PCC 6.07.120 prohibits any of the following:

A.  The disclosure of the names and addresses of any person who is operating a licensed establishment from which marijuana is sold or provided; or

B.  The disclosure of general statistics in a form which would not reveal an individual Seller’s financial information; or

C.  Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the Director or an appeal from the Director for amounts due the city under PCC 6.07; or

D.  The disclosure of information to a collection agency in order to collect any delinquent tax amount; or

E.  The disclosure of records related to a business' failure to report and remit the tax when the report or tax is in arrears for over six months or when the tax exceeds $5,000. The Council expressly finds that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). 

F.  The Revenue Division may also disclose and give access to information described in PCC 6.07.120 to:

1.  The City Attorney, his or her assistants and employees, or other legal representatives of the City, to the extent the Revenue Division deems disclosure or access necessary for the performance of the duties of advising or representing the Revenue Division, including but not limited to instituting legal actions on unpaid accounts.

2.  Other employees, agents and officials of the City, to the extent the Revenue Division deems disclosure or access necessary for such employees, agents or officials to:

a.  Aid in any legal collection effort on unpaid accounts,

b.  Perform their duties under contracts or agreements between the Revenue Division and any other department, bureau, agency or subdivision of the City or state relating to the administration of PCC 6.07, or

c.  Aid in determining whether a Revenue Division account is in compliance with all city, state and federal laws or policies.