This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation. (Ord , eff.

Size: px

Start display at page:

Download "This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation. (Ord , eff."

Elwin Kennedy
5 years ago
Views:

1 Chapter 5.98 MEDICAL CANNABIS BUSINESS LICENSE TAX Page I of2 Stockton Municipal Code, Charter, and Civil Service Rules Up Previous Next Main Collapse Search Print No Frames Title 5 BUSI NESS LICENSES AND REGULATIONS Cha ter 5.98 MEDICAL CANNABIS BUSINESS UCENSE TAX PurJlose and intent. This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation. (Ord , eff ) Definitions. For the purpose of this chapter, unl ess it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: "City" means the City of Stockton. "City Council" means the City Council of the City of Stockton. "Code" means the Stockton Municipal Code. "Gross receipts" mean the total of the amounts of monetary consideration actually received or receivable for medical marijuana, medical marijuana products, overhead costs, operating expenses, or related services whatsoever, including, but not limited to: membership dues, any monetary contributions, payments, reimbursements or fees for cultivation, distribution, dispensing, storing, exchanging, processing, delivering, making available, or transmitting medical marijuana or medical marijuana edible products pursuant to.j:l~a l tl.1~ 11<i.~af~tYC:;()<i~ Sections and through , overhead costs, operating expenses, or services in connection therewith. Included in gross receipts shall be all receipts, cash, credits, and property of any kind without deduction of the cost of the proper1y so ld, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. "Licensee" means a person who has been issued a business license for transacting or carrying on the business of operating a Medical Cannabis Dispensary pursuant to this code. "Medical Cannabis Dispensaries" mean any facility or location, whether collective or cooperative, forprofit or non-profit, where medical cannabis (also known as medical marijuana) is made available to, distributed by, or distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver in accordance with If~al t I1~11<l~afetYc:;()<i ~ Sections , through , or as these laws may be amended from time to time. (Ord , eff ) Payment of tax. Notwithstanding any provision to the contrary, every business, including non-profit organizations, operating as a " Medical Cannabis Dispensary," shall pay the following tax: A. On, or after January 1, 2011, a maximum of $25.00 for each $ 1, of gross receipts per year. B. Notwithstanding the tax rate imposed by subsection A, the City Council may, in its discretion, at any time by ordinance or resolution implement any lower tax rate it deems appropriate, and may increase such tax rate from time to time not to exceed the maximum tax rate imposed by subsection A. (Ord , eff ) Administrative guidelines. php?topic=5-5 98&show All= I &frames=on 6/21 /2013

2 Chapter 5.98 MEDICAL C ANNABIS BUSINESS LI CENSE TAX Page 2 of2 In addition to rules and regulations that may be establ ished by the City Council pursuant to Section ;L:Q~:? 3 0 of this code, the City Manager may establish and amend administrative guidelines as needed to administer this chapter. The administrative guidelines sha ll have the force of law and shall be enforceable in the same maimer and to the same extent as the provisions of this chapter. (Ord , efr ) Effective date. Unless otherwise specified, the ordinance codified in this chapter shall take effect and be in full force and effect 30 days after its passage. (Ord , efr ) us/codes/stocktonlview. php?topic=5-5 _98&show All= I &frames=on 6/21 /2013

3 Chapter 5.99 MARIJUANA BUSINESS LICENSE TAX Page 1 of2 Stockton Municipal Code, Charter, and Civil Service Rules u p Previous Next Main Collapse Search Print No Frames Title 5 BUSI NESS UCENSES AND REGULATIONS Cha ter 5.99 MARIJUANA BUSINESS LICENSE TAX Purpose and intent. This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation. This chapter shall take effect only if Proposition 19, also known as "The Regulate, Control and Tax Cannabis Act of20 I 0" is passed and adopted by the voters of the State of California on November 2, 20 I 0; or shall become effective at such date and time as any state or federal law is subsequently enacted or amended from time to time that would similarly allow for or pennit the use of marijuana for any non-medical business, personal, or recreational purpose or activity. No business license shall be issued until and unless the City Council adopts or enacts regulations which specifically allow the establi shment and operation of Marijuana Businesses, as defined in this chapter, within the City. (Ord , eff ) Definitions. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: "City" means the City of Stockton. "City Council" means the City Council of the City of Stockton. "Code" mean the Stockton Municipal Code. "Gross receipts" shall be defined as set forth in Section.5.Q.~ :Q!Q. of this code, unless otherwise provided. "Marijuana Business" means any for-profit or non-profit business, finn, corporation, partnership, entity, organization, association, or any person engaged in cultivation, planting, harvesting, production, processing, distribution, transportation, manufacturing, compounding, converting, processing, preparing, storing, packaging, testing, or selling, whether retail or wholesale of marijuana, any part of the plant Cannabis sativa L or any of its derivatives. Marijuana Business shall not include Medical Cannabis Dispensaries, as defined in Section.? :?~:Q?Q of this code. (Ord , eff ) Payment of tax. A. In addition to any requirements imposed by this code, a Marijuana Business shall pay an annual business license tax in the amount of $ per $1, of gross receipts. B. The City Council may impose the tax authorized by th is section at a lower rate. No action by the City Council under this subsection shall prevent it from subsequently increasing the tax rate for Marijuana Business to the maximum specified in this section. (Ord , eff ) Effective date ofthi~chapter. Section 4 of the ordinance codified in this chapter shall take effect upon the date that the ordinance codified in this chapter is passed and adopted by the voters of City of Stockton, as confinned by the City Council's declaration of the vote, but will only be implemented if Proposition 19, also known as "The Regulate, Control and Tax Cannabis Act of20 I 0," is passed and adopted by the voters of the State of California on November 2,2010, or upon the effective date of any state or federal law that may be subsequently enacted or 99&show All= 1 &frames=on 6/2 1/2 013

4 Chapter 5.99 MARIJUANA BUSINESS LICENSE TAX Page 2 of2 amended from time to time that would similarly allow for or permit the use of marijuana for any non-medical business, personal, or recreational purpose or activity. No business license for any Marijuana Business shall be issued by the City until and unless the City Council enacts an ordinance and/or regulations specifically permitting the establishment and operation of Marijuana Businesses within the City. (Ord , eff ) _99&show All= 1 &frames=on 6/21/2013

5 Chapter MEDICAL CANNAB IS DISPENSARIES Page 1 of 13 Stockton Municipal Code, Charter, and Civil Service Rules Up Previous Next Main Collapse Search Print No Frames Title 5 BUSINESS UCENSES AND REGULATIONS Chapter MEDICAL CANNABIS DISPENSARIES Short title. This chapter shall be known as the " Medical Cannabis Permit, Audit and Reporting Ordinance." (Ord C.S. I, eff ) Purpose and application. The purpose of this chapter is to require the issuance of an annual pennit to conduct, own, and operate Medical Cannabis Dispensaries within the City; to enforce rules consistent with the Compassionate Use Act and the Medical Marijuana Program Act, which rules will provide for the health, safety and welfare of the public; to require work penn its for all employees; to establish standards for the issuance of sa id pennits; to establish rules and regulat ions under which such permits shall remain in force, be suspended or revoked; and providing penalties for violations thereof. The provisions of this chapter are in addition to the business license required to conduct business and the use pennit and other land use regulations found in Title 16. (Ord C.S. I, eff ) Definitions. For the purposes of this chapter, certain words and phrases used herein are defined as follows: "Administrative expenses" mean and include, but are not limited to: I. The costs associated with any hearings before a Hearing Officer; 2. City's personnel costs, direct and indirect, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including, but not limited to, attomeys' fees; 3. The cost incurred by the City in documenting the violations of this code, including, but not limited to, the actual expense and costs of the City responding to the violation(s); investigating and enforcing statutory crimes related to the violation, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders. "Applicant" means a person who is required to file an app lication for a pemlit under this chapter, including an individual owner, managing patiner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. " Employee" means every operator, employee, volunteer, or other person who proposes to work andlor assist in any way in the operation of a Dispensary, including security, regardless of whether that person receives compensation. " Medical Cannabis Dispensary" (also referred to as a "cannabis business" or " Dispensary") means any faci lity or location, whether collective or cooperative, where medical carmabis (also known as medical marijuana) is made available to, distributed by, or distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver in accordance with Califomia I::I. e.~ ltll... al1d.... S..~fe..t y.. ggd..~ Sections , et seq. "Pennittee" means the person: (l) to whom a pennit is issued; and (2) who is identified in Cali fom ia I:le.~ltll.a ll ( I ~~fe tyg()( lg Section , subsection (c), (d), (e) or (I). view.php?topic=5-5 _ 1 OO&show A ll= I &frames=on 6/21 /2013

6 Chapter MEDICAL CANNAB IS DISPENSARIES Page 2 of 13 "Person" means any individual, partnership, co-partnership, firm, association, collective, cooperative, joint stock company, corporation, limi ted liability company or combination of the above in whatever form or character. (Ord C.S. I, eff ) Medical Cannabis Disp~nsary Permit required. It is unlawful for any person, finn or corporation to operate a Medical Cannabi s Di spensary without first having obtained a written permit from the City. Pri or to issuance the applicant must pay all applicable fees, in the amount as may be fixed and establi shed from time to time by resolution of the City Council. (Ord C.S. I, eff ) Apy-lication for Medical Cannabis Dispensary Permit. A. An applicant for a Medical Cannabis Di spensary Permit (also referred to herein as an "Operators Permit") shall submit an application to the City, said application shall be under oath, and shall include, in addition to infonnation as may be deemed necessary by the City Manager, the true names and addresses of all owners, officers, and employees. The past criminal record, if any, of the owners, officers, and employees associated with the business shall be shown on such application. Concurrent with the filing of the application, the City shall obtain fingerprints and photographs of the owners, officers, and employees associated with the business, including any available criminal arrest and conviction infonnation. B. The applicant shall pay a nonrefundable application fee in an amount as may be fi xed and established from time to time by resolution of the City Council. Thereafter, if a pennit is granted, the pern1ittee shall pay an annual fee in an amount as may be fix ed and established by City Council resolution. C. The applicant must provide a statement to the City Manager to the effect that the applicant understands and agrees that any business or activity conducted or operated under any pennit issued under such application shall be operated in full confonnity with all the laws of the State of California and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any pennit therefor subject to immediate suspension or revocation. D. Any applicant hereunder is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive such a pennit is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to review ing, processing, approving or di sapproving any application. A waiver of any claims fo r damages against the City or its agent resulting therefrom shall be presumed upon the filing of an application. E. If the applicant is an individual, the app lication shall include the residence and business address and personal history record of such applicant, specifically including any criminal arrest and conviction record, and business and employment history for the period of 10 years immediately preceding the date of the application. F. If the applicant is other than an indi vidual, the application shall include the name, residence and business address, and personal history record of each of the officers, directors, copartners or stockholders, specifically including any criminal arrest and conviction record, a plea of nolo contendre shall be considered a gu ilty plea for purposes of this chapter, and business and employment hi story for the period of 10 years immediately preceding the date of application. O. Each pennit applicant shall be responsible for providing complete and accurate infonnation and for signing the pennit application. Applications for employee pennits which do not accompany the application for an Operators Pennit as provided in thi s section shall be completed before the employee is scheduled to begin I OO&show AII= I &frames=on 6/21 /2013

7 Chapter MEDICAL CANNABIS DISPENSARIES Page 3 of 13 work. H. The applicant shall submit a complete security plan for the establishment, which shall be subject to the approval of the Chief of Police or designee. The Chief of Police or designee, may impose additional security and safety conditions upon receipt of detailed plans before the faci lity is in service. \. The applicant shall submit written documentation stating that the property owner of the facility is fully aware of the property's intended use. Documentation is to include the name, address, and contact telephone number for the property owner. J. An application for an Operators Pennit shall be deemed complete when the City receives the last submission of information or materials required in compliance with this chapter, including the infonnation necessary to conduct a background check. Upon notification that an application is incomplete, the applicant shall be granted an extension of 10 calendar days from the date of notification to submit all materials required to complete the application. If the application remains incomplete in excess of 10 calendar days fo llowing notification, the application shall be deemed withdrawn and a new application submittal shall be required. K. The applicant must provide a statement to the City Manager that the applicant will hold harmless, indemnify, and defend the City against claims and litigation arising from the issuance of Operators Pemlits, including any claims and litigation arising from the establishment, operation, or ownership of the Medical Cannabis Dispensary. (Ord C.S. 1, eff ) Investigation. A. Upon receipt of a complete application for an Operators Pel111it, the Chi ef of Police shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant. Such matters may include, but are not limited to, the following: 1. Identity, character and background of the applicant; 2. Interior floor plan of buildings and site plan as to parking, traffic movement and aesthetics; 3. Compliance with the City's General Plan, zoning, security and envirolunental requirements; and 4. Type and degree of security personnel and fac ilities to be provided. B. In the event a complete app lication for a license is presented to the Chief of Police, and the fees required have been paid, and the investigations and reports required under the provisions of this chapter have been duly completed, the Chief of Police shall consider such application. The Chief of Police shall, at minimum, consider the following factors during the consideration of the application for an Operators Pennit: 1. Whether issuance of the pennit and subsequent operation will be detrimental to the public health, safety and welfare of the citizens of Stockton; or 2. Any other relevant data, facts or considerations. C. Within 60 days of completing the investigation, the application for an Operators Pel111it sha ll be approved, conditionally approved, or denied. The Chief of Police may impose conditions, restrictions or require revisions to the proposal to comply with thi s chapter and the Administrative Guidelines as adopted by the City Manager. Written notice of the decision of the Chief of Police shall be mailed to the applicant by regular U.S. mail. (Ord C.S. 1, eff ) Grounds for denial of Medical Cannabis Dispensary Permit. A. The Chief of Police may deny a penn it for any of the following reasons, without being limited I OO&show AII= 1 &frames=on 6/

ORDINANCE NO ; CEQA

ORDINANCE NO ; CEQA ORDINANCE NO. 16- An Ordinance Of The City Council Of The City Of Emeryville To Amend Chapter 28 Of Title 5 Of The Emeryville Municipal Code, Marijuana ; CEQA Determination: Exempt Pursuant To Section