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FULL PACKET_2018-12-11
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FULL PACKET_2018-12-11
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12/10/2018 3:53:21 PM
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12/10/2018 3:52:53 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
12/11/2018
Destruction Year
2023
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(i) Cannabis businesses shall not pass the taxes imposed by this article through to an <br />adult -use cannabis retail business customer or commercial cannabis business <br />customer in any fashion except as part of the basic product sales and/or service <br />price. <br />(j) Definitions. For purposes of this article, the following terms have the following <br />meanings: <br />(1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this <br />code. <br />(2) "Commercial Cannabis Activity" as defined in section 40-2(9) of this code. <br />(3) "Commercial cannabis business" as defined in section 40-2(10) of this <br />code excluding medical marijuana collectives/cooperatives also referred <br />to as medicinal cannabis retail sales. <br />(4) "Cultivation" as defined in section 40-2(11) of this code. <br />(5) "Delivery" as defined in section 40-2(13) of this code. <br />(6) 'Distribution" as defined in section 40-2(16) of this code. <br />(7) "Gross receipts" — section 21-3 of this chapter notwithstanding, "gross <br />receipts" for the purposes of this article shall mean: <br />(A) Transfer of title or possession, exchange or barter, conditional or <br />otherwise, in any manner or by any means whatsoever, of tangible <br />personal property for a consideration including any monetary <br />consideration for cannabis, Including, but not limited to, membership <br />dues, reimbursements provided by members, regardless of form, or <br />the total amount of cash or in-kind contributions, including all <br />operating costs related to the growth, cultivation, manufacturing, <br />distribution, testing, or provision of cannabis or any transaction <br />related thereto. <br />(B) Anything else of value obtained by an a cannabis business; <br />(C) The total amount of the sale price of all sales and services; <br />(D) The total amount charged or received for the performance of any act, <br />service or employment of whatever nature it may be, whether or not <br />such service, act or employment is done as a part of or in connection <br />with the sale of goods, wares, or merchandise (whether at wholesale <br />or retail), for which a charge is made or credit allowed, including all <br />refunds, cash credits and properties of any amount or nature; <br />(E) Any amount for which credit is allowed by the seller to the purchaser <br />without any deduction therefrom, on account of the cost of the <br />property sold, the cost of materials used, the labor or service cost, <br />interest paid or payable, losses, or any other expense whatsoever; <br />provided that cash discounts allowed or payment on sales shall not <br />be included; <br />(F) The amount of any federal manufacturer's or importer's excise tax <br />included in the price of property sold, even trough the manufacturer <br />Resolution 2018-049 <br />Page 10 of 16 <br />55A-54 <br />
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