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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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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
55A
Date
12/11/2018
Destruction Year
2023
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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, orforwhich 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 />their city business license(s) deposit a similar security per business license within thirty <br />(30) days after commencing business. <br />Sec. 21-137. Effect of state and federal reference/authorization. <br />Unless specifically provided otherwise, any reference to a state or federal statute <br />in this article or chapter (whether by direct citation or by definitional reference to another <br />chapter of this code) shall mean such statute as it may be amended from time to time, <br />provided that such reference to a statute herein shall not include any subsequent <br />amendment thereto, or to any subsequent change of interpretation thereto by a state or <br />federal agency or court of law with the duty to interpret such law, to the extent that such <br />amendment or change of interpretation would require voter approval under California law, <br />or to the extent that such change would result in a tax decrease. Only to the extent voter <br />approval would otherwise be required or a tax decrease would result, the prior version of <br />the statute (or interpretation) shall remain applicable; for any application or situation that <br />would not require voter approval or result in a decrease of a tax, provisions of the <br />Resolution 2018-049 <br />Page 15 of 16 <br />55A-59 <br />
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