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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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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 70 of 73 <br /> <br /> <br />the higher of the two tax calculations due and owing during said period in <br />accordance with section 21-133, subsection (d). In the case of a qualified <br />nonprofit organization only the gross square footage computation shall be <br />made and the amount of such calculation shall represent the amount due <br />and owing during said period. All reporting and remitting made shall be <br />done in accordance with instructions from the collector and shall be made <br />using forms provided or approved by the collector. <br />(2) For purposes of this section, month shall mean calendar month and shall <br />include any fraction of a month. Taxes shall begin to accrue on the date <br />that a person or entity first receives a business license or other city permit <br />to operate as a commercial cannabis business or upon the operative date <br />of this Article should a person or entity already possess a commercial <br />cannabis business license or other city permit to operate as a commercial <br />cannabis business. <br />(3) The payment of the two thousand dollars ($2,000.00) minimum basic rate <br />gross receipts tax required annually for each separate branch location or <br />separate property location of the business in accordance with this section, <br />shall be made annually prior to the beginning of the fiscal year beginning <br />April first of the current year and expiring on the 31st day of March of the <br />following year. In the case of a new commercial cannabis business the <br />minimum basic rate gross receipts tax shall be paid in advance prior to <br />any new business activity being undertaken. Every new licensee shall pay <br />in advance an amount equal to one-quarter (¼) of the annual minimum <br />basic rate gross receipts tax, for each quarter and fraction of a quarter <br />remaining during the period for which the new license is issued. <br />(o) Delinquent date—Penalty. Any individual or entity who fails to pay the taxes required <br />by this Article when due shall be subject to penalties and interest as set forth in <br />accordance with this Chapter. The collector is not required to send a delinquency or <br />other notice or bill to any person subject to the provisions of this Article and failure <br />to send such notice or bill shall not affect the validity of any tax or penalty due under <br />the provisions of this Article. <br />(p) Business license tax certificate/receipt—Required. There are imposed upon all <br />persons engaged in transacting and carrying on any commercial cannabis business <br />activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful <br />for any person, either for him or herself or for any other person, to commence, <br />transact or carry on any business in the city without first having procured a business <br />license from the city under this Chapter and having paid the taxes set forth in this <br />Article, and without complying with any and all applicable provisions contained in <br />this Chapter. The carrying on of any commercial cannabis business activity without <br />complying with all the provisions of this Article shall constitute a separate violation <br />Exhibit 1
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