This chapter shall be known as the cannabis business tax ordinance. This chapter shall be applicable in the city of Pacific Grove, California, which shall be referred to herein as "city."
(Ord. 22-022 § 1, 2022)
The purpose of this chapter is to adopt a tax, for revenue purposes, pursuant to Sections 7284 and 7284.4 of the Revenue and Taxation Code, upon cannabis businesses that engage in business in the city. The cannabis business tax is levied based upon business gross receipts. It is not a sales and use tax, a tax upon income, or a tax upon real property and shall not be calculated or assessed as such. The cannabis business tax shall not be separately identified or otherwise specifically assessed or charged to any member, customer, patient, or caretaker. The cannabis business tax is a general tax enacted solely for general, governmental purposes of the city and not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the city's general fund and be available for any lawful city purpose.
(Ord. 22-022 § 1, 2022)
The intent of this chapter is to levy a tax on all cannabis retail businesses that operate in the city, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.
(Ord. 22-022 § 1, 2022)
The following words and phrases shall have the meanings set forth below when used in this chapter:
(a) An "arm's length transaction"
is a sale entered into in good faith and for valuable consideration at a sales price that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction.
(b) "Business"
shall include all activities engaged in or caused to be engaged in within the city, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.
(c) "Calendar year"
means January 1st through December 31st, of the same year.
(d) "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" shall not include "industrial hemp," unless otherwise specified.
(e) "Cannabis product"
means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Cannabis product" also means cannabis products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medicinal cannabis products.
(f) "Cannabis business"
means any business activity involving cannabis or industrial hemp, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing, and wholesaling of cannabis, cannabis products, industrial hemp, industrial hemp products or of ancillary products and accessories, whether or not carried on for gain or profit.
(g) "Cannabis business tax"
means the tax due pursuant to this chapter for engaging in a cannabis business in the city.
(h) "Commercial cannabis permit"
means a permit, license, certificate, or other approval issued by the city to a person to authorize that person to operate a cannabis business or engage in business as a cannabis business within the city.
(i) "Employee"
means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager, or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.
(j) "Engaged in business as a cannabis business"(1) (2) (3) (4) (5)
means the commencing, conducting, operating, managing, or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise. A person shall be deemed engaged in business within the city if:
Such person or person's employee maintains a fixed place of business within the city for the benefit or partial benefit of such person;
Such person or person's employee owns or leases real property within the city for business purposes;
Such person or person's employee maintains a stock of tangible personal property in the city for sale in the ordinary course of business;
Such person or person's employee conducts solicitation of business within the city; or
Such person or person's employee performs work or renders services in the city.
The foregoing specified activities shall not be a limitation on the meaning of "engaged in business." |
(k) "Evidence of doing business"
means evidence such as, without limitation, use of signs, circulars, cards, or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the city.
(l) "Fiscal year"
means July 1st through June 30th, which is the period used by the city for financial reporting and budgeting.
(m) "Gross receipts,"(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
except as otherwise specifically provided, means, whether designated as a sales price, royalty, rent, membership fee, ATM service fee, delivery fee, slotting fee, any other fee, vaping room service charge, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales of goods, wares or merchandise, or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. In the event the business is involved in a "non-arms" length transaction the gross receipts will be subject to the fair market value using a methodology approved by the tax administrator. However, the following shall be excluded from gross receipts:
Cash discounts were allowed and taken on sales;
Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
Cash value of sales, trades or transactions between departments or units of the same business located in the city of Pacific Grove and if authorized by the tax administrator in writing in accordance with PGMC § 7.14.140(b);
Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered;
Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded;
Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the tax administrator with the names and the addresses of the others, and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees;
Retail sales of noncannabis products, such as t-shirts, sweaters, hats, stickers, key chains, bags, books, posters, rolling papers, cannabis accessories such as pipes, pipe screens, vape pen batteries (without cannabis or industrial hemp) or other personal tangible property which the tax administrator has excluded in writing by issuing an administrative ruling per PGMC § 7.14.140 shall not be subject to the cannabis business tax under this chapter. However, such transaction may be subject to Chapter 7.04 PGMC and PGMC § 7.04.040.
Payments made by the tax-reporting cannabis business (seller) to a cannabis business (buyer) for the difference in the original acquisition price and subsequent renegotiated or finalized selling price of products or services sold to a specific end customer. This type of transaction is referred to as a "billback." The tax-reporting cannabis business must provide supporting documentation to substantiate the transaction in order to be eligible for an exemption.
Any business which sells industrial hemp and/or hemp products or offers services or activities related to industrial hemp or hemp products and/or which is not required to obtain a cannabis or industrial hemp permit or license from the city or the state for the purpose of cultivating, growing, drying, curing, manufacturing, processing, packaging, transporting, distributing, testing or selling of industrial hemp either wholesale or retail shall be exempt from the cannabis tax; provided, that such business does not generate more than 50 percent of their total gross receipts in the reporting period from the business from industrial hemp activities. However, the exemption may be amended by the city council by resolution or ordinance pursuant to PGMC § 7.14.050(b) to increase or decrease the percentage of the business's hemp and/or hemp products gross receipts reporting from zero to 100 percent. To the extent the gross receipts from the hemp activities do not meet the relevant percentage to be included, this exclusion shall reduce the gross receipts to zero for the sole purpose of calculating the cannabis tax.
(n) "Industrial hemp"
means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. However, should the federal or state legislative body increase or decrease the percentage of tetrahydrocannabinol (THC) then this new limit shall be applicable to the tax unless modified by resolution or ordinance of the city council pursuant to PGMC § 7.14.310.
(o) "Industrial hemp products"
means any raw hemp that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Hemp product" also means hemp products as defined by Section 11018.5 of the California Health and Safety Code.
(p) "Medicinal cannabis" or "medicinal cannabis product"
means cannabis or a cannabis product intended to be sold or sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, for a medicinal cannabis patient in California who possesses a physician's recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71.
(q)
A "non-arm's length transaction" is a transaction that does not meet the definition of an "arm's length transaction." In other words, the transaction is not a sale entered into in good faith and that reflects fair market value in the open market. One example of a non-arm's length transaction would be when a cultivator sells cannabis goods to a cannabis distributor at a sales price that is lower than what the same cultivator would to other cannabis distributors, or which does not reflect the fair market value in the open market.
(r) "Person"
means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
(s) "Retailer"
means a person as defined in subsection (r) of this section who sells cannabis, cannabis products, hemp and/or hemp products at their place of business or by delivery to an end user or customer for use or consumption rather than to another person or business for resale.
(t) "Sale," "sell" and "to sell"
means and includes any sale, exchange, or barter either as a retailer or wholesaler by a person as defined by subsection (r) of this section. It shall also mean any transaction whereby, for any consideration, title to cannabis, cannabis products, industrial hemp and/or industrial hemp products are transferred from one person to another and includes the delivery of cannabis, cannabis products, industrial hemp and/or industrial hemp products pursuant to an order placed for the purchase of the same, but does not include the return of cannabis, cannabis products, industrial hemp and/or industrial hemp products to the licensee from whom the cannabis, cannabis product, industrial hemp and/or industrial hemp product was purchased.
(v) "State license," "license," or "registration"
means a state license issued pursuant to California Business and Professions Code Section 26050, and all other applicable state laws, required for operating a cannabis business.
(w) "Tax administrator"
means the city manager of the city of Pacific Grove or his/her designee(s).
(Ord. 22-022 § 1, 2022)
(a)
Beginning January 1, 2023, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the person has been issued a commercial cannabis business license, permit, or certificate to operate lawfully in the city or is operating unlawfully. The city's acceptance of a cannabis business tax payment from a cannabis business operating illegally shall not constitute the city's approval or consent to such illegal operations.
(b)
The city council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax, including the initial rate of the cannabis business tax. The city council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax on hemp or hemp products, including the initial rate of the tax on hemp or hemp products independent of other cannabis activities. Notwithstanding the foregoing, in no event shall the city council repeal this tax or set any adjusted rate that exceeds the maximum rates calculated pursuant to this chapter.
(c)
The maximum rate of the cannabis business tax shall be calculated as follows:
(1)
For every person engaged in retail sales of cannabis, cannabis products, industrial hemp, and/or industrial hemp products, including as a retailer (dispensary) or nonstorefront retailer (retail delivery business), or microbusiness, the person shall be subject to the maximum tax rate not to exceed six percent of gross receipts.
(d)
Persons subject to the cannabis business tax shall register with the city and if applicable pay the registration fee adopted by resolution or ordinance by the city council.
(Ord. 22-022 § 1, 2022)
(a)
Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows:
(1)
All persons engaging in business as a cannabis business, whether an existing, newly established or acquired business, shall register with the tax administrator within 30 calendar days of commencing operation and shall annually renew such registration within 30 calendar days of the business registration anniversary date of each year thereafter. In registering, such persons shall furnish to the tax administrator a sworn statement, upon a form prescribed by the tax administrator, setting forth the following information:
(b)
An annual registration fee in accordance with the current and approved city fee schedule shall be presented with the sworn statement submitted under this chapter and may be adjusted annually by resolution or ordinance of the city council.
(c)
The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax shall on or before the last day of the month following the close of each month file with the tax administrator a statement ("tax statement") of the tax owed for that calendar month and the basis for calculating that tax. The tax administrator may require that the tax statement be submitted on a form prescribed by the tax administrator. The tax for each calendar month shall be due and payable on the same date that the tax statement is due.
(d)
Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar months up through the calendar month during which cessation occurred.
(e)
In the event that there is a change in ownership of any cannabis business:
(1)
The new owner is required to submit an updated registration form to the tax administrator;
(2)
The new owner is subject to an audit by the tax administrator; and
(3)
Unless otherwise provided by law, it is the joint and several liability of both the seller and buyer to remit any taxes, interest, penalties, and fees due up until the date of sale; otherwise, enforcement action may be taken pursuant to PGMC § 7.14.160 against both the seller and/or buyer in an amount to be determined by the tax administrator.
(f)
The tax administrator may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as the tax administrator deems necessary to ensure effective collection of the cannabis business tax. The tax administrator may also require that a deposit, to be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the tax administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The tax administrator may require that a taxpayer make payments via a cashier's check, money order, wire transfer, or similar instrument.
(Ord. 22-022 § 1, 2022)
Whenever any payment, statement, report, request, or other communication is due, it must be received by the tax administrator on or before the due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday observed by the city, the due date shall be the next regular business day on which the city is open to the public.
(Ord. 22-022 § 1, 2022)
The city may as a courtesy send a tax notice to the cannabis business which owes the city a cannabis business tax. However, the tax administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.
(Ord. 22-022 § 1, 2022)
(a)
Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows:
(1)
A penalty equal to 10 percent of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent per month.
(2)
If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to 25 percent of the amount of the tax, plus interest at the rate of one percent per month on the unpaid tax and on the unpaid penalties.
(3)
Interest shall be applied at the rate of one percent per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.
(b)
Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties, and interest as provided for in this chapter, and any other amount allowed under state law.
(c)
The tax administrator may waive the penalties imposed upon any person under this section if:
(1)
The person requests a waiver of penalties by submitting a written request for waiver to the tax administrator no later than June 30th of the second fiscal year following the fiscal year in which the tax became delinquent; and
(2)
The person provides evidence satisfactory to the tax administrator that the failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and the person paid the delinquent taxes, penalties, accrued interest, and fees owed prior to applying to the tax administrator for a waiver.
(d)
The waiver provisions specified in subsection (c) of this section shall not apply to interest accrued on the delinquent taxes and a waiver shall be granted only once during any 24-month period. The tax administrator's decision on a request for a waiver of penalties is final and conclusive and not subject to appeal under PGMC § 7.14.150.
(Ord. 22-022 § 1, 2022)
(a)
Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the city under this chapter, it may be refunded to the claimant who paid the tax; provided, that a written claim for refund signed under the penalty of perjury is filed with the tax administrator within one year of the date the tax was originally due or paid, whichever came first. A person may only file a claim for refund if the person paid the tax. No person shall be entitled to a refund unless the person can support the claim by written records sufficient to show entitlement thereto. The tax administrator's decision on a claim for refund is final and conclusive and not subject to appeal under PGMC § 7.14.150.
(b)
The tax administrator, his or her designee, which may include a third party, or any other city officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after requested by the tax administrator to do so. The tax administrator may collect a fee adopted by resolution by the city council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the tax administrator to make a determination on the claim for refund.
(c)
In the event that the cannabis business tax was erroneously paid in an amount in excess of the tax due, and the error is attributable to the city, the city shall refund the amount of tax erroneously paid; provided, that (1) a claim for refund has been timely filed with the tax administrator; and (2) the refund cannot exceed, under any circumstance, the amount of tax overpaid during the 12 months preceding the last month for which the claim states the tax was overpaid.
(Ord. 22-022 § 1, 2022)
The provisions of this chapter shall not apply to personal cannabis cultivation or personal use of cannabis, to the extent those activities are authorized in the "Medicinal and Adult Use Cannabis Regulation and Safety Act," as may be amended. This chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law; and provided, that the individual receives no compensation whatsoever related to that personal cultivation or use.
(Ord. 22-022 § 1, 2022)
(a)
It shall be the duty of the tax administrator to collect the taxes, interest, penalties, fees, and perform the duties required by this chapter.
(b)
For purposes of administration and enforcement of this chapter generally, the tax administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
(c)
The tax administrator may take such administrative actions as needed to administer the cannabis business tax, including but not limited to:
(1)
Provide to all cannabis business taxpayers forms for the reporting of the tax;
(2)
Provide information to any taxpayer concerning the provisions of this chapter;
(3)
Receive and record all taxes remitted to the city as provided in this chapter;
(4)
Maintain records of taxpayer reports and taxes collected pursuant to this chapter;
(5)
Assess penalties and interest to taxpayers pursuant to this chapter;
(6)
Determine amounts owed under and enforce collection pursuant to this chapter.
(Ord. 22-022 § 1, 2022)
A taxpayer aggrieved by a decision of the tax administrator with respect to the amount of tax, interest, penalties, and fees, if any, due under this chapter may appeal only if a hearing was requested and attended pursuant to PGMC § 7.14.250. An appeal may be made by filing a notice of appeal with the city clerk within 15 calendar days of the serving or mailing of the tax administrator's decision of the amount due. Upon receipt of a timely notice of appeal, the city clerk, or his or her designee, shall fix a time and place for hearing such appeal with an administrative hearing officer selected pursuant to PGMC § 1.19.110. The appeal shall be deemed a request for hearing on an administrative citation. An appeal fee shall be paid in advance as determined by the master fee schedule. The city clerk, or his or her designee, shall give at least 10 calendar days' notice of the appeal hearing in writing to such taxpayer at the last known place of address. The administrative hearing officer shall render a written decision that shall be served on the taxpayer at the last known place of address. The decision of the administrative hearing officer shall be final and conclusive. Any amount found to be due by the administrative hearing officer shall be immediately due and payable upon the service of the decision. If no notice of appeal is filed within the time prescribed in this section, the tax administrator's decision with respect to the amount of tax, interest, penalties, and fees due is final and conclusive.
(Ord. 22-022 § 1, 2022)
Any taxes, interest, penalties, and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the city. Any person owing money to the city under the provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of such debt. The provisions of this chapter shall not be deemed a limitation upon the right of the city to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, interest, penalties, and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter.
(Ord. 22-022 § 1, 2022)
If a person subject to the tax is operating both within the city and outside the city, it is the intent of the city to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the city. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The tax administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.
(Ord. 22-022 § 1, 2022)
This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the state of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the tax administrator release him or her from the obligation to pay the impermissible portion of the tax.
(Ord. 22-022 § 1, 2022)
(a)
For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the city in support of his or her tax calculation, the tax administrator or his/her designees which may include a third party shall have the power to inspect any location where commercial cannabis activity occurs and to audit and examine all books and records (including, but not limited to, bookkeeping records, access to METRC data, and/or point-of-sale data, state and/or federal income tax returns, excise tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the tax administrator, or his/her designees which may include a third party shall have the power to inspect any equipment or software, such as computers, software systems, platforms, and databases (including METRC), and/or point of sale systems, to include any keys or access codes for access to and use of the equipment and/or software, that may contain such records.
(b)
It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of at least three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city, which records the tax administrator or his/her designee, which may include a third party, shall have the right to inspect at all reasonable times.
(Ord. 22-022 § 1, 2022)
(a)
Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any commercial cannabis permit, city license, permit, or other certificate required by, under or by virtue of any provision of any other chapter of this code or any other ordinance or resolution of the city, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other chapter of this code or any other ordinance or resolution of the city. Any references made or contained in any other chapter of this code to any licenses, permits, certificates, taxes, fees, or charges, or to any schedule of license, permit, certificate, or fees, shall be deemed to refer to the licenses, permits or certificates, and their respective taxes, fees or charges, or schedule of fees, provided for in other chapters of this code.
(b)
A commercial cannabis permit issued under this code may be revoked, suspended or not renewed in the event that the business holding that permit has failed to (1) make a deposit required by the tax administrator pursuant to PGMC § 7.14.060, or (2) timely pay all taxes, interest and penalties owed by that business under this chapter.
(Ord. 22-022 § 1, 2022)
(a)
The payment of a cannabis business tax required by this chapter, and its acceptance by the city, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws.
(b)
No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.
(Ord. 22-022 § 1, 2022)
If the tax administrator is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a cannabis business, a deficiency determination may be made at any time within three years thereafter as to any liability arising from engaging in such cannabis business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under PGMC § 7.14.240 and § 7.14.250.
(Ord. 22-022 § 1, 2022)
(a)
Under any of the following circumstances, the tax administrator may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time:
(1)
If the person has not filed a complete statement required under the provisions of this chapter;
(2)
If the person has not paid the tax due under the provisions of this chapter;
(3)
If the person has not, after demand by the tax administrator, filed a corrected statement, or furnished to the tax administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or
(4)
If the tax administrator determines that the nonpayment of any cannabis business tax due under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to penalties and interest otherwise payable under this chapter and any other penalties allowed by law.
(b)
The notice of assessment shall separately set forth the amount of any tax known by the tax administrator to be due or estimated by the tax administrator, after consideration of all information within the tax administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable provision of this chapter and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. The notice shall state that the person has 30 calendar days from the date of the notice to make a written request for an informal hearing before the tax administrator. The notice shall also state that if the person fails to timely request an informal hearing within the time allowed, the amount determined by the tax administrator is final and conclusive and is immediately due and payable.
(Ord. 22-022 § 1, 2022)
The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the tax administrator for the purpose of receiving notices provided under this chapter; or, should the person have no address registered with the tax administrator for such purpose, then to such person's last known address. For the purpose of this section, a service by overnight delivery shall be deemed to have occurred one calendar day following deposit with a courier and service by mail shall be deemed to have occurred three days following deposit in the United States mail.
(Ord. 22-022 § 1, 2022)
Within 30 calendar days after the date of service of the notice of assessment the person may apply in writing to the tax administrator for an informal hearing on the assessment. If application for an informal hearing is not made within the time herein prescribed, the tax assessed by the tax administrator shall become final and conclusive. Within 30 calendar days of the receipt of any such application for an informal hearing, the tax administrator shall cause the matter to be set for an informal hearing before him or her, or his/her designee, no later than 30 calendar days after the receipt of the application, unless a later date is agreed to by the tax administrator and the person requesting the informal hearing. Notice of such informal hearing shall be given by the tax administrator to the person requesting such informal hearing no later than five calendar days prior to such informal hearing. A hearing under this section shall be informal and need not follow any formal rules of evidence. At such hearing said applicant may appear and offer evidence why the assessment as made by the tax administrator should not be confirmed and fixed as the tax due. After such hearing the tax administrator shall determine and reassess (if necessary) the proper amount of tax, interest, penalties, and fees to be charged and shall give written notice of the decision to the person in the manner prescribed in PGMC § 7.14.240 for giving notice of assessment. No appeal of a notice of assessment may be made under PGMC § 7.14.150 unless an informal hearing is timely requested, and the person attends the hearing. If the person fails to appear at the informal hearing, the amount due determined by the tax administrator in the notice of assessment is final and conclusive.
(Ord. 22-022 § 1, 2022)
(a)
If a person is unable to comply with any tax requirement imposed under this chapter due to a disaster impacting its cannabis business, the person may notify the tax administrator of its inability to comply and request relief from the tax requirement. For purposes of this chapter, "disaster" means fire, flood, storm, tidal wave, earthquake, or similar public calamity resulting in physical damage to real property, whether or not resulting from natural causes.
(b)
The person shall provide any information required by the tax administrator including, without limitation, why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time. The person agrees to grant the tax administrator or his/her designee access to the location where the cannabis business has been impacted due to a disaster.
(c)
The tax administrator, in his/her sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster if such tax relief does not exceed $10,000. Such temporary relief may be granted for a reasonable amount of time, in the tax administrator's sole discretion, and the amount and duration of relief should be based upon how long it would reasonably take for the cannabis business to recover from the disaster. The tax administrator may require that the cannabis business follow certain conditions to receive temporary relief from the cannabis business tax requirement. The tax administrator's decision on a request for relief and the conditions that may be imposed for relief under this section are final and conclusive and not subject to appeal under PGMC § 7.14.150.
(Ord. 22-022 § 1, 2022)
The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes.
(Ord. 22-022 § 1, 2022)
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any violation of the provisions of this chapter is unlawful and may be enforced pursuant to Chapter 1.16 PGMC.
(Ord. 22-022 § 1, 2022)
If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
(Ord. 22-022 § 1, 2022)
All remedies and penalties prescribed by this chapter, or which are available under any other provision of this code and any other provision of law or equity are cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
(Ord. 22-022 § 1, 2022)
Except as set forth in this section, this chapter may be amended or modified but not repealed by the city council without a vote of the people. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would expand, extend, or increase the rate of any tax levied pursuant to this chapter beyond the maximums set forth in this chapter. The people of the city of Pacific Grove affirm that the following actions shall not constitute an increase of the rate of a tax:
(a)
The restoration or adjustment of the rate of the tax to a rate that is no higher than that allowed by this chapter, in those circumstances where, among others, the city council has previously acted to reduce the rate of the tax or is incrementally implementing an increase authorized by this chapter;
(b)
An action that interprets or clarifies (1) the methodology of applying or calculating the tax, or (2) any definition applicable to the tax, so long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the provisions of this chapter; or
(c)
The collection of the tax imposed by this chapter even if the city had, for some period of time, failed to collect the tax.
(Ord. 22-022 § 1, 2022)