The City Council intends that an excise tax be imposed on the
first sale or transfer of unprocessed retail marijuana by a retail
cultivation facility within the City. Revenue derived through the
retail marijuana excise tax shall be used for the enforcement of regulations
on the regulated marijuana industry and other costs related to the
implementation of the use and regulation of regulated marijuana and
lawful utilization of marijuana, the building, operating and maintenance
of the highest priorities of the adopted Parks and Recreation Open
Space Plan which includes indoor and outdoor recreating and park facilities,
capital improvements and enhancements to the City’s parks, trails
and open space, public safety, enforcement and administrative purposes
and for comprehensive substance abuse programs including, without
limitation, prevention, treatment, education, responsible use, intervention,
and monitoring of unlawful consumption of marijuana all as approved
by voters in April 2019 with the passage of Ballot Measure 2A.
(Ord. 5065, 4-6-22)
As used in this chapter, average market rate means the amount determined by the State pursuant to § 39-28.8-101(1), C.R.S., as the average price of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturer. All other terms in this chapter shall have the same meaning as set forth in Chapter 5.13 GJMC.
(Ord. 5065, 4-6-22)
There is hereby levied an excise tax of five percent upon the
average market rate of unprocessed retail marijuana that is sold or
transferred from a retail marijuana cultivation facility to a retail
marijuana store or retail marijuana products manufacturer.
(Ord. 5065, 4-6-22)
Each retail marijuana cultivation facility shall collect the tax imposed in GJMC § 3.16.030 upon every sale or transfer of unprocessed retail marijuana from the cultivation facility. The person charged with the duty to collect taxes also has the burden of proving that any transaction is not subject to the tax imposed by this chapter.
(Ord. 5065, 4-6-22)
All sums of money paid by any person or facility to a cultivation
facility as excise taxes pursuant to this chapter are public monies
that are the property of the City. The person required to collect
and remit retail marijuana excise taxes shall hold such monies in
trust for the sole use and benefit of the City until paying them to
the Finance Director.
(Ord. 5065, 4-6-22)
(a)
Every person with a duty to collect the excise tax imposed by this chapter shall obtain a tax license pursuant to Chapter 5.13 GJMC, report such taxes collected on forms and remit such taxes to the City as prescribed by the Finance Director. A tax license shall be valid so long as:
(c)
Whenever
a business entity that is required to be licensed under this chapter
is sold, purchased or transferred, so that the ownership interest
of the purchaser or seller changes in any respect, the purchaser shall
obtain a new tax license.
(Ord. 5065, 4-6-22)
The Finance Director is authorized to administer the provisions
of this chapter.
(Ord. 5065, 4-6-22)
It is unlawful and a violation of this code for any retail marijuana business to sell or transfer unprocessed retail marijuana without the tax license required by this chapter, the retail marijuana license required by Chapter 5.13 GJMC and any other license(s) required by law, to willfully make any false or fraudulent return or false statement on any return, or to willfully evade the payment of the tax, or any part thereof, as imposed by this chapter.
(Ord. 5065, 4-6-22)
