§ 5.08

This Chapter shall be known as the "Cannabis Business Tax." This Chapter shall be applicable in the unincorporated area of the County of Nevada, which shall be known as the "County."

(Ord. 2523, (05/09/2023))

The Cannabis Business Tax is a general tax enacted solely for general governmental purposes of the County and not for specific purposes. All of the proceeds from the tax imposed by this Chapter shall be placed in the County's general fund and be available for any legal County purpose.

(Ord. 2523, (05/09/2023))

This Chapter is adopted to achieve the following purposes, among others, and directs that the provisions hereof be interpreted to accomplish these purposes:

A.

To impose a tax on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, distributing, transporting or engaging in any other commercial business activity related to medical and nonmedical cannabis or cannabis products in the unincorporated area of the County, pursuant to Cal. Bus. & Prof. Code § 19348, Rev. & Tax. Code § 34021.5, or other enabling legislation, notwithstanding if State law uses the term "marijuana" or "cannabis;" and

B.

To impose a tax on all cannabis business in accordance with the authority granted by Cal. Rev. & Tax Code § 7284 to impose a business license tax; and

C.

To specify the type and rate of tax to be levied, the method of apportionment and the method of collection; and

D.

To comply with all requirements for imposition of a general tax, such tax to become operative only if submitted to the electorate and approved by a majority vote of the voters voting in an election on the issue.

(Ord. 2523, (05/09/2023))

The following words and phrases shall have the meanings set forth below when used in this Chapter:

A.

Base Rate shall mean: (a) The initial cannabis business tax rate in effect as of January 1, 2019, and (b) any adjusted cannabis business tax rate in effect as of on July 1 of each calendar year.

B.

Business shall include all activities engaged in or caused to be engaged in within the unincorporated area of the County, 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 their employer.

C.

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" also means marijuana as defined by Cal. Health & Safety Code § 11018, and industrial hemp as defined by Cal. Health & Safety Code § 11018.5, and is not limited to medical cannabis.

D.

Cannabis Accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. "Cannabis accessories" also means cannabis accessories as defined by Cal. Health & Safety Code § 11018.2, and is not limited to medical cannabis accessories.

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 marijuana products as defined by Cal. Health & Safety Code § 11018.1 and is not limited to medical cannabis products.

F.

Cannabis Business means any business activity relating to cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, possessing, processing, preparing, storing, packaging, labeling, delivering, testing, dispensing, and selling (retail or wholesale sales) of cannabis, of cannabis products or of any ancillary products and accessories, whether or not carried on for gain or profit. Cannabis business does not include any donation, for no consideration whatsoever, of medical cannabis or medical cannabis product to a compassion care patient (as defined by the Compassionate Use Act of 1996) for personal use in accordance with a Compassion Care or non- remunerative use license as contemplated by SB 829 or similar State legislation and/or any similar County Permit as may be required by Nevada County Codes.

G.

Cannabis Business Tax, Business Tax or Commercial Cannabis Tax means the tax due pursuant to this Chapter for engaging in cannabis business in the unincorporated area of the County.

H.

Canopy means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one (1) site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants), each plane shall be counted as a separate canopy area. The plant canopy does not need to be continuous on any premise in determining the total square footage.

I.

Commercial Cannabis Cultivation means cultivation conducted by, for, or as part of a cannabis business.

J.

County Permit means a permit issued by the County to a person or entity to authorize that person or entity to operate or engage in a cannabis business. The term "County Permit" includes a commercial cannabis

permit, or any other permit as the County may require to operate or engage in cannabis activity, issued pursuant to the provisions of the Nevada County Codes including Business Regulations, or any other provisions of the Nevada County Codes which may be adopted or amended from time to time to authorize any cannabis activity.

K.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or storage of cannabis, or any combination of these activities.

L.

Cultivation Area shall mean the sum of the area(s) of cannabis cultivation as measured around the perimeter of each discrete area of cannabis cultivation, excluding immature plant areas, areas used for cultivation of plants not for sale, or used for research and development, on a single premise, as defined herein. Area of cannabis cultivation is the physical space where cannabis is grown and includes, without limitation, garden beds or plots, the exterior dimensions of hoop houses or green houses, and the total area of each of the pots and bags containing cannabis plants on the premises.

M.

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.

N.

Engaged in Business as a Cannabis Business means the commencing, conducting, operating, managing or carrying on of a cannabis business and the exercise of corporate or franchise powers, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the unincorporated area of the County or coming into the unincorporated area of the County from an outside location to engage in such activities. A person shall be deemed engaged in business within the unincorporated area of the County if:

Such person or person's employee maintains a fixed place of business within the unincorporated area of the County for the benefit or partial benefit of such person;

Such person or person's employee owns or leases real property within the unincorporated area of the County for business purposes;

Such person or person's employee regularly maintains a stock of tangible personal property in the unincorporated area of the County for sale in the ordinary course of business;

Such person or person's employee regularly conducts solicitation of business within the unincorporated area of the County;

Such person or person's employee performs work or renders services in the unincorporated area of the County;

Such person or person's employee utilizes the streets within the unincorporated area of County in connection with the operation of motor vehicles for business purposes.

The foregoing specified activities shall not be a limitation on the meaning of "engaged in business."

O.

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 unincorporated area of the County.

P.

Fiscal Year means July 1 through June 30 of the following calendar year.

Q.

Gross Receipts, except as otherwise specifically provided, means the total amount or compensation (including all receipts, cash, credits and property of any kind or nature) actually received or receivable for the 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 or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise and any discounts, rents, royalties, fees, commissions, dividends, and gains realized from trading in stocks or bonds, however designated. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, 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. However, the following shall be excluded from Gross Receipts:

Cash discounts where allowed and taken on sales;

Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts;

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 from investments where the holder of the investment receives only interest and/or dividends, royalties, annuities and gains from the sale or exchange of stock or securities solely for a person's own account, not derived in the ordinary course of a business;

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;

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 when in excess of one dollar ($1.00);

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 Treasurer- Tax Collector 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.

R.

Growing Cycle means the life of cannabis plant grown from seed, clone or start to maturity, at which point the plant is harvested for flower or byproducts to dry, cure grade, trim or package for retail or wholesale.

S.

Immature Plant means a cannabis plant which is not flowering.

T.

Immature Plant Area means an area designated for the production of only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of Cannabis on and solely for the use of a licensed Cannabis Cultivation Promises.

U.

Indoor shall mean cultivation of cannabis using artificial light or mixed light within a detached fully enclosed and secure structure using artificial light at a rate above twenty-five (25) watts per square foot and that complies with the California Building Code (Title 24, California Code of Regulations) for that specific occupancy type, as adopted by the County of Nevada.

V.

Medicinal Cannabis, Medical Cannabis, Medicinal Cannabis Product or Medical Cannabis Product means cannabis or a cannabis product recommended by a licensed physician, in accordance with Cal. Health & Safety Code §§ 11362.5—11362.83 and intended to be sold for use pursuant to Cal. Health & Safety Code §§ 11362.5—11362.9, by a medicinal cannabis patient in California who possess a physician's recommendation or intended to be donated to or used by a compassion care patient.

W.

Microbusiness means an operation that engages in at least three (3) of the following commercial cannabis activities: Cultivation, manufacturing, distribution, and retail sale.

X.

Mixed Light means cultivation of cannabis which involves the use of a combination of natural and supplemental artificial lighting. Can be classified as Mixed Light Tier 1 or Mixed Light Tier 2.

Y.

Mixed Light Tier 1 means the use of artificial light at a rate of six (6) watts per square foot or less.

Z.

Mixed Light Tier 2 means the use of artificial light at a rate of above six (6) watts and below or equal to twenty-five (25) watts per square foot. "Mixed Light" cultivation must take place in an Accessory Structure permitted in compliance with local building codes and permitted specifically for cannabis cultivation.

AA.

Non-Remunerative Cultivation or Compassion Care Cultivation means the cultivation of medical cannabis only by a primary caregiver on behalf of a qualified individual for no monetary compensation as contemplated by SB 829 or similar State legislation and/or any similar permit required by Nevada County

Codes. Non-remunerative cultivation or compassion care cultivation activities must be permitted under applicable State law and County codes and must comply with all applicable State and local Commercial Cannabis Cultivation regulations but are not considered cannabis businesses for the purposes of this Chapter.

BB.

Nursery means a facility or part of a facility that is used primarily for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

CC.

Outdoor shall mean cultivation of cannabis in any location that is not "indoors" nor "mixed light" and which does not involve the use of artificial lighting of any kind.

DD.

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.

EE.

Personal Use means cannabis cultivated at the cultivator's primary place of residence in accordance with all other provisions of Nevada County Codes, not for any commercial purpose and not for sale, donation, gifting, or any other purpose other than the personal use of the individual who cultivates the cannabis. Personal use does not include non-remunerative/compassion care cultivation.

FF.

Premise refers to the site where cultivation occurs and includes at least one (1) legal parcel but may include multiple parcels if such parcels are under common ownership or control and at least one (1) parcel contains a legally permitted and occupied primary place of residence.

GG.

Sale means and includes any sale, exchange, trade or barter.

HH.

State means the State of California.

II.

State License, License, or Registration means a State license issued pursuant to Cal. Bus. & Prof. Code §§ 26000—26325, or other applicable State law.

JJ.

Treasurer-Tax Collector means the Treasurer-Tax Collector of the County of Nevada, their deputies or designees, or any other County officer charged with the administration of the provisions of this Chapter.

KK.

Testing Laboratory means a cannabis business that: (i) Offers or performs tests of cannabis or cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state, and (v) is registered with the State Department of Public Health.

(Ord. 2523, (05/09/2023))

A.

Beginning January 1, 2019, there is established and imposed a cannabis business tax at the rates and methods set forth in this Chapter. Every person who is engaged in a cannabis business in the unincorporated area of the County shall pay a cannabis business tax in accordance with the requirements of this Chapter.

B.

Tax on Permitted Commercial Cannabis Cultivation Excluding Nurseries.

Every person who is engaged in commercial cannabis cultivation, excluding nurseries, in the unincorporated area of the County shall pay a cannabis business tax either:

a.

At a rate of up to ten dollars ($10.00) per square foot of commercial cannabis cultivation area per growing cycle;

b.

At a rate of up to eight dollars ($8.00) per ounce of cannabis or cannabis product sold, bartered, exchanged or otherwise transferred between a cultivator and other persons with State licenses and County Permits, per fiscal year;

c.

At a rate of up to ten percent (10%) of the Gross Receipts per fiscal year.

The initial cannabis business tax base rate effective January 1, 2019, shall be set at two and one-half percent (2.5%) of the Gross Receipts per fiscal year; provided, however, that persons engaged in permitted

commercial cannabis cultivation shall not pay less than the following amounts per annum, if tax is based on gross receipt or gross weight:

a.

Persons cultivating, for sale, a combined total of all growing cycles of less than or equal to two thousand five hundred (2,500) square feet of cannabis canopy shall pay a cannabis business tax of no less than one thousand two hundred fifty dollars ($1,250.00).

b.

Persons cultivating, for sale, a combined total of all growing cycles of more than two thousand five hundred (2,500) square feet but less than or equal to a combined total of all growing cycles of five thousand (5,000) square feet of cannabis canopy shall pay a cannabis business tax of no less than two thousand five hundred dollars ($2,500.00).

c.

Persons cultivating, for sale, more than a combined total of all growing cycles of five thousand (5,000) square feet of cannabis canopy shall pay a cannabis business tax of no less than five thousand dollars ($5,000.00).

These set annual minimums may be periodically adjusted during periods of economic or disaster related hardships. Any reductions are not considered permanent and will be re-evaluated annually, as necessary.

Beginning July 1, 2023 each person engaged in legally authorized commercial cannabis cultivation within the unincorporated area of Nevada County shall pay an initial annual tax of zero dollars and sixteen cents ($0.16) per square foot per cycle of outdoor or Mixed Light Tier 1 cultivation area or zero dollars and three cents ($0.32) per square foot per cycle of Mixed Light Tier 2 or indoor cultivation area.

C.

Tax on all other Cannabis Businesses Including Nurseries.

Every person who is engaged in all other commercial cannabis business, including but not limited to as a retailer, distributor, distribution facility, testing laboratory, transporter, manufacturing facility, nursery, dispensary or engaging in the delivery of cannabis or operating as a microbusiness, in the unincorporated area of the County shall pay a cannabis business tax at a rate of up to ten percent (10%) of the Gross Receipts per fiscal year.

The initial cannabis business tax rate effective January 1, 2019, through June 30, 2021, shall be set at two and one-half percent (2.5%) of the Gross Receipts, but no less than two thousand five hundred dollars ($2,500.00) per fiscal year.

D.

Adjustments and Increases to Tax Rates and Methodology.

Beginning on July 1, 2021, and on July 1 of each succeeding fiscal year thereafter, the cannabis business tax rates imposed by this Section shall be automatically increased by the annual Consumer Price Index (CPI) for all urban consumers in the San Francisco-Oakland-San Jose areas as published by the United States Government Bureau of Labor Statistics as published for February of each calendar year. For example, a two percent (2%) CPI on the initial two and one-half percent (2.5%) tax rate under this Subsection would result in an adjusted tax rate of two and fifty-five hundreths percent (2.55%). However, no CPI adjustment resulting in a decrease of any tax rate imposed by this Subsection shall be made.

As of July 1, 2021, the Board of Supervisors may, by ordinance, increase the cannabis business tax base rate in increments of up to two percent (2%) per year, not to exceed the maximum tax rates set forth in this Subsection. For example, a two percent (2%) discretionary increase in the initial base rate under this Subsection would result in a four and one-half percent (4.5%) base tax rate. Such increases shall be at the discretion of the Board of Supervisors. Incremental increases in the base tax rate shall not occur more than once per fiscal year, following the approval by the Board of Supervisors of such increase at a regularly scheduled meeting of the Board of Supervisors; provided, however, that if the Board of Supervisors does not increase the base tax rate for a period of three (3) years or longer, then there shall be no limit on the percentage of discretionary increase that may be imposed by the Board of Supervisors. Said discretionary increases in the base tax rate may be made in addition to any automatic CPI increase as provided above.

Notwithstanding the maximum tax rates established in Subsections of this Chapter, the Board of Supervisors may, in its discretion, at any time by ordinance, implement a lower tax rate for all persons engaged in commercial cannabis activity in the unincorporated area of the County or establish different tax rates for differing categories of commercial cannabis businesses, to be defined by the Board of Supervisors, subject to the maximum tax rates set forth in Subsections 5.08.050(B) and 5.08.050(C) of this Chapter. The Board of Supervisors may, by ordinance, also increase any such tax rate from time to time, not to exceed the maximum tax rates set forth in Subsections 5.08.050(B) and 5.08.050(C) of this Chapter. Notwithstanding the methodology used for the initial cannabis business tax set forth in Subsection 5.08.050(B), the Board of Supervisors may, in its discretion, at any time by ordinance, implement a change in the methodology or rate structure for commercial cannabis cultivation businesses, subject to the maximum tax rates and consistent with the tax methodologies set forth in Subsection 5.08.050(B) The Board of Supervisors may also, in its discretion, create a tiered rate structure based on State license or County Permit type so long as the highest tier in the rate structure does not exceed the maximum tax rate, per fiscal year.

(Ord. 2523, (05/09/2023))

A.

The cannabis business tax imposed by this Chapter shall be imposed on a fiscal year basis and shall be due and payable as follows:

If the cannabis business tax is collected on gross receipts or by gross weight, each person engaged in a cannabis business and subject to the cannabis business tax shall, on or before the last day of the month following the close of each quarter, prepare and submit a tax return on the form prescribed by the Treasurer-Tax Collector with the total gross receipts and the balance of the tax due, if any. The full amount of the tax due shall be remitted to the Treasurer-Tax Collector at the time the return is filed. The tax due shall be no less than the quarterly installment due, but the Treasurer-Tax Collector may permit the taxpayer to pay the tax due for the entire fiscal year. Each cannabis business shall pay on or before the last day of the month following the close of each quarter.

If the cannabis business tax is owed on commercial cannabis cultivation and if the Board of Supervisors has implemented a square footage methodology for taxing cannabis cultivation, the square footage tax due shall be paid based on the square footage and number of growing cycles of cultivation authorized by the County Permit and reported annually on the annual tax registration. Based on the above information reported, the tax collector will, on an annual basis, mail to each authorized legal cannabis business a statement of taxes owed to be due in two (2) equal installments with due dates specified on the tax statement. Should a license and/or permit (State or County) be issued after annual tax statements are mailed, a prorated statement of taxes due will be sent and due as specified on the tax statement. The tax statement may include a request for adjustment of the tax due to square footage authorized but not utilized for cultivation, and/or crop loss, along with evidence substantiating the square footage utilized and/or crop loss. The decision to prorate or adjust the tax will be made at the sole discretion of the County. A fee may be adopted by the Board of Supervisors and collected by the agency having jurisdiction or the Treasurer- Tax Collector to pay for the cost of investigating, verifying and opining on such request for adjustment of the tax. If the cannabis cultivation begins in the middle of the fiscal year, the Treasurer-Tax Collector shall prorate, in monthly increments, the amount due for the fiscal year.

All tax statements shall be completed on forms prescribed by the Treasurer-Tax Collector.

Tax statements and payments for all outstanding taxes owed the County are immediately due to the Treasurer-Tax Collector upon cessation of business for any reason.

The Treasurer-Tax Collector may, at their discretion, establish shorter report and payment periods for any taxpayer, as the Treasurer-Tax Collector deems necessary to ensure collection of the tax.

The Treasurer-Tax Collector may, as part of administering the tax and in their discretion, modify the form of payment and take such other administrative actions as needed to facilitate collection of the tax.

(Ord. 2523, (05/09/2023))

A.

In order that the Treasurer-Tax Collector shall have an accurate record of persons required to collect, report and remit the cannabis business tax in the unincorporated area of the County, prior to conducting business each person engaged in commercial cannabis cultivation or other cannabis business shall register such cannabis business with the Treasurer-Tax Collector, submit any information deemed necessary by the Treasurer-Tax Collector, and obtain a business tax certificate. Separate business tax certificates may be required for each business location.

B.

The issuance of a business tax certificate shall not entitle any person to engage in any cannabis business without first complying with the requirements of the Nevada County Codes and all other applicable laws.

C.

Business tax certificates issued under this Chapter are nontransferable.

D.

The Treasurer-Tax Collector may, as part of administering this Registration requirement and in their discretion, develop such registration forms, tax certificates, posting requirements and implementing regulations, and take such other administrative actions as needed to facilitate and ensure compliance with the registration process.

(Ord. 2523, (05/09/2023))

A.

Whenever any payment, statement, report, request or other communication is due, it must be received by the Treasurer-Tax Collector on or before the final due date. A postmark cancellation made by the United States Postal Service will be accepted as timely received. If the due date for the tax would fall on a Saturday, Sunday, County holiday or a United States Post Office closure date, the due date shall be the next regular business day on which the County is open to the public.

B.

For the purposes of this Section, "on or before" shall be interpreted as: (1) Hand delivery to, and receipt by, the Treasurer-Tax Collector, or (2) postal delivery of a properly stamped and addressed envelope containing

the return and full amount of the tax to the United States Postal Service. Delivery to the Postal Service must be verified by cancellation by the Postal Service showing a postmark date no later than midnight on the date that the tax is due.

(Ord. 2523, (05/09/2023))

Unless otherwise specifically provided under other provisions of this Chapter, the taxes required to be paid pursuant to this Chapter shall be deemed delinquent if not received by the Treasurer-Tax Collector postmarked on or before the due date as specified in Sections 5.08.070 and 5.08.080 of this Chapter.

(Ord. 2523, (05/09/2023))

The County may as a courtesy send a tax notice to the business. However, the Treasurer-Tax Collector is not required to send a notice of assessment, delinquency, or any other tax notice or bill to any person subject to the provisions of this Chapter. Failure to send any such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Chapter.

(Ord. 2523, (05/09/2023))

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:

A penalty equal to ten percent (10%) 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 and one-half percent (1.5%) per month.

If the tax remains unpaid for a period exceeding one (1) calendar month beyond the due date, an additional penalty equal to ten percent (10%) of the amount of the tax, plus interest at the rate of one and one-half percent (1.5%) per month on the unpaid tax and on the unpaid penalties.

Interest shall be applied at the rate of one and one-half percent (1.5%) 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 Section, and any other amount allowed under State law.

C.

The commercial cannabis business tax due shall be that amount due and payable from the first date on which the person was engaged in commercial cannabis business in the unincorporated area of the County of Nevada, together with applicable penalties and interest calculated in accordance with Subsection A, above.

D.

Any person whose commercial cannabis business tax is delinquent by at least sixty (60) calendar days may be subject to revocation of the County Permit associated with that cannabis business activity.

E.

The Treasurer-Tax Collector is authorized to make an assessment in the manner provided for in Sections 5.08.250 and 5.08.260 of the anticipated tax liability for up to the following four (4) quarters for any person who has failed to file one (1) or more returns or payments, or who has filed one (1) or more delinquent returns or payments, in any twelve (12) month period, without curing the failure or delinquency within sixty (60) days of the original due date after written notice by the Treasurer-Tax Collector of the failure or delinquency. Failure to remit the anticipated tax within sixty (60) days of the notice of assessment shall be grounds for revocation of the County Permit associated with the subject cannabis business or, in the case of an unpermitted cannabis business, may be grounds for denial of a permit application for said cannabis business.

(Ord. 2523, (05/09/2023))

The Treasurer-Tax Collector may waive the first and second penalties of ten percent (10%) each imposed upon any person if:

A.

The person provides evidence satisfactory to the Treasurer-Tax Collector that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, and the person paid the delinquent business tax and accrued interest owed the County prior to applying to the Treasurer-Tax Collector for a waiver.

B.

The waiver provisions specified in this Subsection shall not apply to interest accrued on the delinquent tax and a waiver shall be granted only once during a 24-month period.

(Ord. 2523, (05/09/2023))

A.

No refund shall be made of any tax collected pursuant to this Chapter, except as provided in Section 5.08.140.

B.

No refund of any tax collected pursuant to this Chapter shall be made because of the discontinuation, dissolution, or other termination of a business.

(Ord. 2523, (05/09/2023))

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 County under this Chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Treasurer-Tax Collector within one (1) year of the date the tax was originally due and payable. The claimant shall state, under penalty of perjury under the laws of the State of California, the specific grounds upon which the claim is founded. The claim shall be on forms furnished by the Treasurer-Tax Collector.

B.

The Treasurer-Tax Collector, the County Auditor-Controller, their respective designees, or any other County 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 request by the Treasurer-Tax Collector to do so. The Treasurer- Tax Collector may collect a fee approved by the Board of Supervisors to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Treasurer-Tax Collector to make a determination on the claim for refund.

C.

In the event that the cannabis business tax was erroneously paid, and the error is attributable to the County, the County shall refund the amount of tax erroneously paid up to one (1) year from when the error was identified.

(Ord. 2523, (05/09/2023))

A.

The provisions of this Chapter shall not apply to personal cannabis cultivation.

B.

This Chapter shall not apply to personal use of cannabis that is specifically exempted from State and County licensing or permitting requirements, that meets the definition of personal use or equivalent terminology under State law, and for which the individual receives no compensation whatsoever related to that personal use.

C.

This Chapter shall not apply to non-remunerative/compassion care cultivation as defined in this Chapter.

(Ord. 2523, (05/09/2023))

A.

It shall be the duty of the Treasurer-Tax Collector to collect the taxes, penalties, fees, and perform the duties required by this Chapter.

B.

For purposes of administration and enforcement of this Chapter generally, the Treasurer-Tax Collector may, from time to time, promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this Chapter as they deem necessary to implement or clarify such provisions or aid in enforcement.

C.

The Treasurer-Tax Collector may take such administrative actions as needed to administer the tax, including but not limited to:

Provide to all cannabis business taxpayers forms for the reporting of the tax;

Implement all tax adjustments in accordance with this Chapter;

Provide information to any taxpayer concerning the provisions of this Chapter;

Receive and record all taxes remitted to the County as provided in this Chapter;

Maintain records of taxpayer reports and taxes collected pursuant to this Chapter;

Assess penalties and interest to taxpayers pursuant to this Chapter;

Determine amounts owed and enforce collection pursuant to this Chapter.

(Ord. 2523, (05/09/2023))

A.

Any taxpayer aggrieved by any decision of the Treasurer-Tax Collector with respect to the amount of tax, interest, penalties and fees, if any, due under this Chapter may appeal to the County Board of Supervisors by filing a notice of appeal with the Clerk of the Board within fifteen (15) calendar days of the serving or mailing of the notice of deficiency pursuant to Section 5.08.250 or notice of assessment pursuant to Section 5.08.270. If a timely notice of appeal is not filed, the tax, interest and penalties determined by the Treasurer-Tax Collector shall become final and conclusive.

B.

The Clerk of the Board, or their designee, shall fix a time and place for hearing such appeal, and the Clerk of the Board, or their designee, shall give notice in writing to such operator at the last known place of address. The Treasurer-Tax Collector shall present the matter to the Board of Supervisors and include the evidence submitted by the taxpayer. The Treasurer-Tax Collector shall also submit proposed findings and a resolution of the appeal. At the hearing, both the Treasurer-Tax Collector and the taxpayer shall have an opportunity to explain their cases and introduce other statements and evidence. The Board of Supervisors may impose reasonable time limits on each party's presentation. The determination of the County Board of Supervisors shall be final and conclusive, and the notice of decision shall be served upon the appellant in the manner prescribed by this Chapter for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice of decision.

(Ord. 2523, (05/09/2023))

A.

Any taxes, penalties and/or fees required to be paid under the provisions of this Chapter shall be deemed a debt owed to the County. Any person owing money to the County under the provisions of this Chapter shall be liable in an action brought in the name of the County for the recovery of such debt. The provisions of this Section shall not be deemed a limitation upon the right of the County to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this Chapter or the failure to comply with any of the provisions of this Chapter.

B.

In addition to any other remedies available under Federal, State, or local law, if any amount required to be paid to the County under this Chapter is not paid when due, the Treasurer-Tax Collector may, within three (3) years after the amount is due, record a certificate of lien specifying the amount of taxes, fees, interest and penalties due, and the name and address of the person as it appears on the records of the Treasurer- Tax Collector. The lien shall also specify that the Treasurer-Tax Collector has complied with all provisions of this Chapter in the determination of the amount required to be paid. From the time of the filing for record, the amount required to be paid, together with penalties, fees and interest thereon, constitutes a lien upon all real property in the County owned by the person, or subsequently acquired by the person before the lien expires. The lien has the force, effect, and priority of a judgment lien and shall continue for ten (10) years from filing of the certificate of lien unless sooner released or otherwise discharged. A fee may be adopted by the Board of Supervisors and collected by the Treasurer-Tax Collector to pay for the cost of recording and administering the lien.

C.

At any time within three (3) years after any person is delinquent in the payment of any amount required to be paid under this Chapter or within three (3) years after the last recording of a certificate of lien under Subsection B. of this Section, the Treasurer-Tax Collector may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the County under this Chapter. The warrant shall be directed to the Sheriff and shall have the same effect as a writ of execution. The warrant shall be levied, and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution. The Treasurer-Tax Collector may pay or advance to the Sheriff, the same fees, commissions and expenses for service provided by law for similar services pursuant to a writ of execution.

D.

At any time within three (3) years after recording a lien against any person, if the lien is not discharged and released in full, the Treasurer-Tax Collector may forthwith seize any asset or property, real or personal (including bank account), of the person and sell at public auction the asset or property, or a sufficient part of it to pay the amount due, together with any penalties and interest imposed for the delinquency and any cost incurred on account of the seizure and sale. Assets or property of the person subject to seizure and sale subject to this Chapter shall not include any assets or property, which is exempt from execution under the provisions of the California Code of Civil Procedure.

E.

The following shall constitute grounds for terminating any County Permit which authorizes cannabis business activity:

Failure to pay any cannabis business tax due under this Chapter within sixty (60) days of the due date.

Failure to cooperate with the Treasurer-Tax Collector, or designee, as determined by the Treasurer-Tax Collector, or their designee, during an audit pursuant to this Chapter.

Underpaying any business tax due under this Chapter in any reporting period by fifty percent (50%) more.

If the County determines that the nonpayment or underpayment of any cannabis business license tax due under this Chapter is due to fraud.

(Ord. 2523, (05/09/2023))

If a business subject to the tax is operating both within and outside the unincorporated area of the County, it is the intent of the County 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 unincorporated area of the County. For purposes of apportionment as may be required by law, the Treasurer-Tax Collector may promulgate such administrative procedures for apportionment as they find useful or necessary.

(Ord. 2523, (05/09/2023))

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.

(Ord. 2523, (05/09/2023))

A.

The correctness of any tax return filed pursuant to this Chapter shall be subject to audit and verification by the Treasurer-Tax Collector, the County Auditor-Controller or their respective designees, who are authorized and empowered to inspect and audit the books and records of any commercial cannabis business. No cannabis business shall refuse or fail to allow the Treasurer-Tax Collector, the County Auditor-Controller or their respective designees, to inspect and audit such books and records, or shall refuse or fail to provide such additional information as requested by the Treasurer-Tax Collector, the County Auditor-Controller, or their respective designees.

B.

The Treasurer-Tax Collector, the County Auditor-Controller, or their respective designees, shall have the power to inspect any location where commercial cannabis business occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, State and Federal income tax returns, state tax returns, bank statements and other evidence documenting the gross receipts of the

business) of persons engaged in cannabis businesses in the County, for the purposes of ascertaining the amount of commercial cannabis business tax, if any, required to be paid by the provisions hereof, and for the purpose of verifying any statements or items thereof when filed by any person pursuant to this Chapter. In conducting such investigation, the Treasurer-Tax Collector shall have the power to inspect any equipment, such as computers or point of sale machines that may contain such records.

C.

If any person engaged in a commercial cannabis business, after written demand by the Treasurer-Tax Collector, refuses to make available for audit, examination or verification such books, records or equipment as the Treasurer-Tax Collector requests, the Treasurer-Tax Collector may, after full consideration of all information within their knowledge concerning the cannabis business and activities of the person so refusing, make an assessment in the manner provided by Sections 5.08.260 and 5.08.270 of any taxes estimated to be due. The Treasurer-Tax Collector may collect a fee adopted by the Board of Supervisors to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Treasurer-Tax Collector to make a determination of the tax due.

D.

It shall be the duty of every person liable for the collection and payment to the County of any tax imposed by this Chapter to keep and preserve, for a period of at least four (4) years, all records as may be necessary to determine the amount of such tax as they may have been liable for the collection of and payment to the County, which records the Treasurer-Tax Collector, the County Auditor-Controller, or their respective designees shall have the right to inspect at all reasonable times.

(Ord. 2523, (05/09/2023))

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 permit or license required by, under or by virtue of any provision of any other title, chapter or section of County Codes or any other ordinance or resolution of the County, 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 by, under or by virtue of any other title, chapter or section of County Codes or any other ordinance or resolution of the County. Any references made or contained in any other title, chapter or section of County Codes to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other titles, chapters or sections of County Codes.

(Ord. 2523, (05/09/2023))