2018-049 - Submission to the Qualified Voters November 6,2018

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(i) Cannabis businesses shall not pass the taxes imposed by this article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. (j) Definitions. For purposes of this article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this code. (2) "Commercial Cannabis Activity' as defined in section 40-2(9) of this code. (3) "Commercial cannabis business" as defined in section 40-2(10) of this code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. (4) "Cultivation" as defined in section 40-2(11) of this code. (5) "Delivery" as defined in section 40-2(13) of this code. (6) "Distribution" as defined in section 40-2(16) of this code. (7) "Gross receipts" — section 21-3 of this chapter notwithstanding, "gross receipts" for the purposes of this article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in-kind contributions, including all operating costsrelated to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto. (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even trough the manufacturer Resolution 2018-049 Page 10 of 16