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55A - RESO - CERTIFY 2018 ELECTION
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55A - RESO - CERTIFY 2018 ELECTION
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12/10/2018 2:57:24 PM
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12/10/2018 2:56:45 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
55A
Date
12/11/2018
Destruction Year
2023
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all the provisions of this article shall constitute a separate violation of this chapter for <br />each and every day that such commercial cannabis activity is so carried on. <br />(q) Classification of business license assessment type—Term and renewal. The <br />business license issued to commercial cannabis businesses shall be classed as a <br />gross receipts assessment type, issued for the same term of license as set forth in <br />subsection 21-71(c) of this chapter and shall be subject to renewal in accordance <br />with sections 21-72(c), 21-73(c), and 21-77. <br />(r) Operative date. Upon the approval by the majority of the voters of the city at the <br />November 6, 2018 general election, the taxes imposed by this article shall become <br />operative and shall be applied by the collector upon all commercial cannabis <br />businesses. <br />Sec. 21-134. Payment of tax does not authorize unlawful business. <br />(a) The payment of a business tax required by this article, and its acceptance by the <br />city, shall not entitle any person to carry on any commercial cannabis business <br />unless the person has complied with all of the requirements of this code and all other <br />applicable laws, nor to carry on any commercial cannabis business in any building <br />or on any premises in the event that such building or premises are situated in a zone <br />or locality in which the conduct of such commercial cannabis business is in violation <br />of any law. <br />(b) No tax paid under the provisions of this article shall be construed as authorizing the <br />conduct or continuance of any illegal or unlawful business, or any legal business in <br />an illegal manner, or any business in violation of any ordinance of the city, state or <br />federal law. <br />Sec. 21-135. Single property location; multiple state licenses; separate city business <br />licenses. <br />Sections 21-7, 21-8, and 21-9 of this chapter notwithstanding, separate city business <br />licenses, issuable to commercial cannabis businesses pursuant to this article, shall be <br />required for each separate type of commercial cannabis business activity transacted and <br />carried on at a single city property location for which a commercial cannabis business <br />may seek licensure by the state, or forwhich a state license has been approved or issued. <br />Sec. 21-136. Security for collection of commercial cannabis business' business license <br />tax. <br />To ensure compliance with business license tax payment requirements established <br />pursuant to this article, the collector shall require, beginning on the operative date of this <br />article, that each commercial cannabis business owner (including but not limited to each <br />transferee, assignee, or purchaser of a commercial cannabis business subject to the <br />business licensing requirements of this article) deposit within thirty (30) days such security <br />(per individual business license) in a form acceptable to the collector in an amount not <br />larger than the cannabis business owner's estimated average monthly tax liability as <br />determined by the collector or the sum of ten thousand dollars ($10,000.00), whichever <br />is the greater. Each new city commercial cannabis business licensee shall upon obtaining <br />Ordinance No. NS -2962 <br />Page 9 of 10 55A-29 <br />
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