9.04.305 Business license charge on large nonprofit organizations and cannabis businesses.

A.    1. Notwithstanding section 9.04.300, there is imposed on every large nonprofit organization exempted under Article XIII, Section 26 of the California Constitution from local taxes or fees measured by income or gross receipts, a tax of fifty-one cents per square foot on all business improvements over the first one hundred twenty thousand square feet of business improvements occupied by that large nonprofit organization. For purposes of this section, all of the square feet of business improvements owned, rented, leased or otherwise occupied by a given nonprofit organization within the City shall be cumulated.

2.    a. Notwithstanding section 9.04.300, there is imposed on every Cannabis Business that is a Nonprofit Organization and that generates gross receipts, including all of its ancillary locations, regardless of the number of square feet it occupies, a tax on each square foot on all business improvements occupied by that Cannabis Business as follows:

Taxable Square Feet

Maximum Tax Rate

First 3000 square feet

$25 per square foot

All square feet over 3000

$10 per square foot

b.    If the "Regulate, Control and Tax Cannabis Act of 2010" on the November 2010 state ballot passes and takes effect, the foregoing tax rates shall be reduced as follows:

Taxable Square Feet

Maximum Tax Rate

First 3000 square feet

$12.50 per square foot

All square feet over 3000

$5 per square foot

c.    For purposes of this Section, all of the square feet of business improvements owned, rented, leased or otherwise occupied or used by a Cannabis Business within the City shall be cumulated.

B.    1. The charge imposed by this Section may be increased annually for the following year in May, by the greater of the increase in the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor statistics.

2.    In addition to any other reductions permitted or required by this Section, the City Council may impose the tax authorized by this Section at a reduced rate in the event that one or more permitted Medical Cannabis Businesses taxable under this Section significantly expand in square footage. It is the intent of the voters in adopting this provision that the total tax burden on Medical Cannabis Businesses not be unreasonably increased solely by virtue of expansions in square footage that do not increase their receipts. The Council may adopt different rates for Medical and Non-Medical Cannabis Businesses.

C.    For purposes of this Section, the following terms shall have the following meanings:

"Building" means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, chattel or property of any kind. The word "building" includes the word "structure."

"Business improvements" means square footage used, on a regular basis, for the operation of a nonprofit organization as defined in Article XIII Section 26 of the California Constitution, regardless of whether it is owned or leased.

"Improvements" means all buildings or structures erected or affixed to the land.

"Large nonprofit organization" means any nonprofit organization exempted under Article XIII, Section 26 of the California Constitution from local taxes or fees measured by gross receipts, which occupies over one hundred twenty thousand square feet of business improvements in the City, but excludes any Cannabis Business.

"Nonprofit Organization" means any association, corporation or other entity that is exempt from taxation measured by income or gross receipts under Article XIII, Section 26 of the California Constitution.

"Square foot" and "square footage" means the horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls (which includes square footage of all porches), and including pedestrian access walkways or corridors, but excluding the following:

1.    Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto.

2.    Areas which are outdoor or semi-outdoor areas included as part of the building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located. This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools and patios which are landscaped and developed for active or passive recreational use, and which are accessible for use by occupants of the building.

3.    Arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service or production areas.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

D.    Pursuant to California Constitution Article XIIIB, the appropriation limit for the City is increased by the aggregate sum authorized to be levied by this ordinance for each of the four fiscal years from 2011-2012 through 2014-2015.

E.    The City Council may repeal the ordinance codified in this section, or amend it in a manner which does not result in an increase in the charge imposed herein, without further voter approval. If the City Council repeals said ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the charge imposed herein.

F.    The City Manager may promulgate regulations to implement and administer this Section, including allowing Medical Cannabis Businesses to remit taxes more frequently than annually. (Ord. 7160-NS § 3, 2010: Ord. 6470-NS §§ 1--6, 1998)