This chapter is enacted solely to raise revenue for municipal
purposes and is not intended for regulation. This chapter shall apply
only if: (1) State or Federal law authorizes the use of cannabis for
any non-medical business, personal, or recreational purpose or activity;
and (2) cannabis businesses, as defined in this chapter, are otherwise
authorized to operate pursuant to all applicable City and State laws
and regulations. This chapter shall not be construed to authorize
the conduct or continuance of any illegal business or of a legal business
in an illegal manner. No business license shall be issued until and
unless the City Council adopts or enacts regulations which specifically
allow the establishment and operation of cannabis businesses, as defined
in this chapter, within the City.
(Ord. 018-10 C.S. § 4,
eff. 12-02-10; Ord. 2016-06-28-1503 C.S. § 3; Ord. 2019-03-05-1501 C.S. § 2)
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:
"Cannabis"
means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin.
"Cannabis"
also means the separated resin, whether crude or purified,
obtained from cannabis. "Cannabis" does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germinations. For the purpose of this chapter,
"cannabis" does not mean "industrial hemp" as defined by Section 11018.5
of the
Health and Safety Code.
"City"
means the City of Stockton.
"Code"
means the Stockton Municipal Code.
"Commercial cannabis activity"
means the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis or sale of cannabis and cannabis products
or any other activity provided for in this code and in the Medicinal
and Adult-Use Cannabis Regulation and Safety Act (Business and Professions
Code, Division 10).
(Ord. 018-10 C.S. § 4,
eff. 12-02-10; Ord. 2016-06-28-1503 C.S. § 3; Ord. 2019-03-05-1501 C.S. § 2)
A. Every
business operating as a cannabis business shall pay a semiannual business
license tax to the City in the following amount:
1. Cultivators
will pay 5% of gross receipts semiannually;
2. Distributors
will pay 1% of gross receipts semiannually;
3. Non-volatile
manufacturers will pay 3% of gross receipts semiannually;
4. Volatile
manufacturers will pay 3% of gross receipts semiannually;
5. Testing
laboratories will pay zero percent of gross receipts semiannually;
6. Retail
storefront cannabis business will pay 5% of gross receipts semiannually;
7. Retail
non-storefront (delivery only) cannabis business will pay 5% of gross
receipts semiannually;
8. Microbusinesses
will pay 5% of gross receipts semiannually.
B. Cannabis
businesses must apply for semiannual business licenses. Business license
tax required hereunder shall be due and payable on the first day of
January and July of each year.
C. Notwithstanding
the tax rates imposed by this section, 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 authorized by this
section.
(Ord. 018-10 C.S. § 4,
eff. 12-02-10; Ord. 2016-06-28-1503 C.S. § 3; Ord. 2019-03-05-1501 C.S. § 2; Ord. 2019-07-16-1504 C.S. § 2; Ord. 2022-03-01-1601 C.S. § 2)
The ordinance codified in this chapter shall take effect only
if approved by a majority of voters voting on the measure at the November
8, 2016 municipal election. If approved and enacted by the voters,
this chapter shall only apply when and if State or Federal law authorizes
the use of cannabis for any non-medical business, personal, or recreational
purpose or activity, and cannabis businesses, as defined in this chapter,
are otherwise authorized to operate pursuant to all applicable City
and State laws and regulations.
(Ord. 018-10 C.S. § 4,
eff. 12-02-10; Ord. 2016-06-28-1503 C.S. § 3; Ord. 2019-03-05-1501 C.S. § 2)