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NS-2864 - CITY MMD
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NS-2864 - CITY MMD
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Last modified
3/7/2017 3:10:01 PM
Creation date
12/24/2014 11:05:27 AM
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City Clerk
Doc Type
Resolution
Date
12/9/2014
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and 21 -49 of this Chapter. <br />(6) For the purposes of this article, a "Nonprofit Organization" shall <br />mean any institution or organization that is exempted from taxes measured by <br />income or gross receipts pursuant to Article XIII, Section 26 of the California <br />Constitution as codified under Chapter 4 (commencing with Section 23701) of <br />Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of <br />the Government Code or Sub - Chapter F (commencing with Section 501) of <br />Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or <br />organization operating as a Collective /Cooperative and claiming a gross receipts <br />assessment business license tax exemption under this section shall have the <br />burden of furnishing to the collector such information as the collector may require <br />to validate the claim of exemption including but not limited to such a <br />determination by the California Franchise Tax Board or any other information <br />requested by the collector. <br />(7) For the purposes of this article, "gross receipts" shall mean any <br />transfer of title or possession, exchange or barter, conditional or otherwise, in <br />any manner or by any means whatsoever, of tangible personal property for a <br />consideration including any monetary consideration for marijuana whatsoever, <br />including, but not limited to, membership dues, reimbursements provided by <br />members, regardless of form, or the total amount of cash or in -kind contributions, <br />including all operating costs related to the growth, cultivation or provision of <br />marijuana or any transaction related thereto. "Gross receipts" shall also include <br />without limitation anything else of value obtained by a Collective /Cooperative. <br />The term "gross receipts" shall also include the total amount of the sale price of <br />all sales, 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 such <br />service, act or employment is done as a part of or in connection with the sale of <br />goods, wares, merchandise, for which a charge is made or credit allowed, <br />including all refunds, cash credits and properties of any amount or nature, any <br />amount for which credit is allowed by the seller to the purchaser without any <br />deduction therefrom, on account of the cost of the property sold, the cost of <br />materials used, the labor or service cost, interest paid or payable, losses, or any <br />other expense whatsoever; provided that cash discounts allowed or payment on <br />sales shall not be included. "Gross receipts" shall also include the amount of any <br />federal, manufacturer's or importer's excise tax included in the price of property <br />sold, even though the manufacturer or importer is also the retailer thereof and <br />whether or not the amount of such tax is stated as a separate charge. "Gross <br />receipts" shall not include the amount of any federal tax imposed on or with <br />respect to retail sales whether or not the amount of such tax is stated as a <br />separate charge. "Gross receipts" shall not include the amount of any federal tax <br />imposed on or with respect to retail sales whether imposed upon the retailer or <br />the consumer and regardless of whether or not the amount of federal tax is <br />stated to customers as a separate charge, or any California state, city or city and <br />county sales or use tax required by law to be included in or added to the <br />purchase price and collected from the consumer or purchaser, or such part of the <br />Ordinance No. NS -2864 <br />Page 13 of 19 <br />
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