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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 58 of 73 <br /> <br /> <br />of gross receipts. This tax shall not be adjusted for inflation pursuant to <br />section 21-121. <br />(2) Notwithstanding the maximum tax rate of ten (10) percent of gross receipts <br />imposed under subsection (b)(1), the city council may in its discretion at any <br />time by ordinance implement a lower gross receipts tax rate for all marijuana <br />collectives/cooperatives, as defined in such ordinance, subject to the <br />maximum rate of ten (10) percent of gross receipts. The city council may by <br />ordinance increase any such gross receipts tax rate from time to time, not <br />to exceed the maximum gross receipts tax rate established under <br />subsection (b)(1). <br />(3) Effective January 1, 2018, the gross receipts tax initially set at a rate of five <br />(5) percent pursuant to subsection (b)(1), shall be increased to a rate of six <br />(6) percent. The maximum tax rate shall not exceed ten (10) percent of <br />gross receipts. This tax rate shall not be adjusted for inflation pursuant to <br />section 21-121. <br />(4) As part of the gross receipts tax imposed by this article, each <br />collective/cooperative shall pay a minimum basic rate of two thousand <br />dollars ($2,000.00) annually for each separate branch location or separate <br />property location of the business. <br />(c) Modification, repeal or amendment. The city council may repeal the ordinance codified <br />in this article, or amend it in a manner which does not result in an increase in the tax <br />or taxes imposed herein, without further voter approval. The city council may likewise <br />by ordinance adopt and add additional provisions to any other article of this chapter <br />and relate them to this article, or amend any existing provisions of any article of this <br />chapter as they may already relate to this article in any manner which does not result <br />in an increase in the tax or taxes imposed herein, without further voter approval. If the <br />city council repeals said ordinance or any provision of this article, it may subsequently <br />reenact it without voter approval, as long as the reenacted ordinance or section does <br />not result in an increase in the tax or taxes imposed herein. <br />(d) Administration—Rules, regulations, and guidelines; interpretation/clarification. In <br />order to aid in the city's collection of taxes due under this article and to ensure that all <br />marijuana collectives/cooperatives are taxed consistently to the best of the city's <br />ability, the collector, with the concurrence of the city attorney, may promulgate rules, <br />regulations, and guidelines, to implement and administer this article including, but not <br />limited to rules, regulations, and guidelines harmonizing other provisions of this <br />chapter with the provisions of this article in any manner not inconsistent with the intent <br />of this article and which does not result in an increase in the tax or taxes imposed <br />herein. The collector may also, with the concurrence of the city attorney, interpret or <br />clarify the methodology of the tax, or any definition applicable to the tax, so long as <br />Exhibit 1
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