File #: 22-1197    Name:
Type: General Agenda Item Status: General Government - Consent
File created: 12/15/2022 In control: Board of Supervisors
On agenda: 1/10/2023 Final action:
Title: Introduce, waive reading of, and set January 24, 2023, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 7.100 of the Monterey County Code to reduce the commercial cannabis business tax rates for cultivation activities retroactive to January 1, 2023. (REVISED VIA SUPPLEMENTAL)
Attachments: 1. Revised Board Report, 2. Board Report, 3. A. Draft ordinance, 4. B. Revised Draft ordinance, 5. Revised Attachment B - Clean, 6. Revised Attachment A - Redline, 7. Completed Board Order Item No. 42
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Title
Introduce, waive reading of, and set January 24, 2023, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 7.100 of the Monterey County Code to reduce the commercial cannabis business tax rates for cultivation activities retroactive to January 1, 2023. (REVISED VIA SUPPLEMENTAL)
Report
RECOMMENDATION:
Staff recommends that the Board of Supervisors:

Introduce, waive reading of, and set January 24, 2023, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 7.100 of the Monterey County Code to reduce the commercial cannabis business tax rates for cultivation activities retroactive to January 1, 2023.

SUMMARY/DISCUSSION
The County imposes an annual business tax on cannabis businesses under Monterey County Code (MCC) Chapter 7.100. That tax is collected by the Treasurer-Tax Collector (TTC). At the November 8, 2022, Board of Supervisors (Board) meeting, the Cannabis Program (Program) was directed to schedule a Special Cannabis Committee (Committee) meeting in November and request time at a subsequent Board meeting to present Committee recommendations on proposed amendments to commercial cannabis cultivation business tax rates. Additional direction was provided to include a concept discussed at a prior Committee meeting-scaled tax rates driven by wholesale pricing-within the proposed cultivation tax rate amendments.

On December 7, 2022, the Program presented an item to the Board on the sliding scale cultivation tax rate concept, which would begin at rates that would offset Program costs based on current cultivation canopy registrations. The Board approved a reduction in tax rates imposed upon cultivation activities retroactive to January 1, 2023 but directed staff to increase the proposed rates by 15%, which is intended to serve as a buffer for additional business closures or operators defaulting on their taxes. Below are the rates updated to updated rates that include this buffer:
* Indo...

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