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B. "Building" means any structure having a roof supported by columns or by walls and <br />designed for the shelter or housing of any person, chattel or property of any kind, or anything <br />constructed or erected, the use of which requires location on the ground or attachment to <br />something having location on the ground. <br />C. "Business improvements" means square footage used, on a regular basis, for the <br />operation of a nonprofit organization as defined in Article XIII, Section 26 of the California <br />Constitution, or a for profit organization organized in a manner that is recognized by the <br />California Secretary of State regardless of whether it is owned or leased. <br />D. "Cannabis business" means any business or activity including, but not limited to, <br />planting, cultivation, harvesting, transporting, manufacturing, extracting, compounding, <br />converting, processing, preparing, storing, packaging, testing, or wholesale and/or retail sales of <br />marijuana, any part of the Cannabis plant, as defined by California Business and Professions <br />Code section 19300.5, as that section may be amended from time to time, or any of its <br />derivatives, and specifically excludes the activity of cultivating medical cannabis or any of its <br />derivatives on personal property for personal consumption in accordance with the provisions of <br />the Medical Marijuana Regulation and Safety Act of 2015 by the owner, lawful occupant, or <br />other lawful resident or guest of the private property owner, or lawful occupant. <br />E. "Discontinued, dissolved or otherwise terminated" means the date the cannabis business <br />is no longer in operation. The City's finance director, using all evidence, including evidence <br />provided by the cannabis business licensee, will make the determination as to whether a cannabis <br />business has been discontinued, dissolved or otherwise terminated. <br />F. "Gross receipts" means the total of the amounts actually received or receivable from sales <br />and the total amounts actually received or receivable for the performance of any act or service <br />for which a charge is made or credit allowed, whether or not such act or service is done as a part <br />of or in conjunction with the sale of materials, goods, wares, or merchandise. Included in gross <br />receipts are all receipts, cash, credits and property of any kind without deduction of the cost of <br />the property sold, the cost of the materials <br />used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. <br />Excluded from gross receipts are the following: <br />Cash discounts allowed and taken on sales; <br />2. Credit allowed on property accepted as part of the purchase price and which property <br />may later be sold; <br />3. Any tax required by law to be included in or added to the purchase price and collected <br />from the consumer or purchaser; <br />4. Such part of the sale price of property returned by purchases upon rescission of the <br />contract of sale as is refunded either in cash or by credit. <br />ORDINANCE NO. 2016-024 <br />2 <br />