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Res18 15692
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Res18 15692
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Last modified
7/26/2018 11:14:53 AM
Creation date
7/25/2018 11:21:47 AM
Metadata
Fields
Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
7/23/2018
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ATTY/ORD.473/RC CANNABIS TAX ORDINANCE <br />REV: 07-18-18 VR <br />Page 11 of 16 <br />of the equal protection or due process clauses of the Constitutions of the United States <br />or the State of California or a violation of any other provision of the California Constitution <br />or state law. If a person believes that the tax, as applied to him or her, is impermissible <br />under applicable law, he or she may request that the Tax Administrator release him or <br />her from the obligation to pay the impermissible portion of the tax. <br />Sec. 32.820 Audit and examination of premises, records and equipment. <br />A. For the purpose of ascertaining the amount of cannabis business tax owed or <br />verifying any representations made by any taxpayer to the City in support of his or <br />her tax calculation, the Tax Administrator shall have the power to inspect any <br />location where commercial cannabis activity occurs and to audit and examine all <br />books and records (including, but not limited to bookkeeping records, state and <br />federal income tax returns, and other records relating to the gross receipts of the <br />business) of persons engaged in cannabis businesses. In conducting such <br />investigation, the Tax Administrator shall have the power to inspect any equipment, <br />such as computers or point of sale machines that may contain such records. If <br />such person, after written demand by the Tax Administrator, refuses to make <br />available for audit, examination or verification such premises, books, records or <br />equipment as the Tax Administrator requests, the Tax Administrator may, after full <br />consideration of all information within his or her knowledge concerning the <br />cannabis business and activities of the person so refusing, make an assessment <br />in the manner provided in Section 32.823. <br />B. It shall be the duty of every person liable for the collection and payment to the City <br />of any tax imposed by this Article to keep and preserve, for a period of at least <br />three (3) years, all records as may be necessary to determine the amount of such <br />tax as he or she may have been liable for the collection of and payment to the City, <br />which records the Tax Administrator or his or her designee shall have the right to <br />inspect at all reasonable times. <br />Sec. 32.821 Other licenses, permits, taxes, fees or charges. <br /> <br />A. Nothing contained in this Article shall be deemed to repeal, amend, be in lieu of, <br />replace or in any way affect any requirements for any permit or license required <br />by, under or by virtue of any provision of any other Article or Chapter of this Code <br />or any other ordinance or resolution of the City, nor be deemed to repeal, amend, <br />be in lieu of, replace or in any way affect any tax, fee or other charge imposed, <br />assessed or required by, under or by virtue of any other Article or Chapter of this <br />Code or any other ordinance or resolution of the City. <br /> <br />B. Notwithstanding Subsection A of this Section, a cannabis business shall not be <br />required to pay the general business license tax required by Chapter 32 Article V <br />of this Code so long as all of the business activities within the City that would <br />require payment of a business license tax are activities subject to the cannabis <br />business tax.
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