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File #: 19-0822    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 8/28/2019 In control: Planning and Building Services
On agenda: 9/17/2019 Final action:
Title: Discussion and Possible Direction to Staff Regarding the Establishment of a Cannabis Business Tax Appeal Procedure, Including the Potential for Using a Hearing Officer to Hear Appeals (Sponsors: Planning & Building Services, Executive Office)
Sponsors: Planning and Building Services, Steve Dunnicliff
Attachments: 1. 1.Cannabis Appeal Fee Procedure Memo FINAL-CoCo red.pdf, 2. 2.Cannabis Appeal Fee Procedures FINAL- CoCo red.pdf, 3. 09.16.19 MCA Tax Appeals Memo, 4. BoS06.07.19.TaxAppealsMemo

TO: Board of Supervisors
FROM: Planning and Building Services Executive Office
MEETING DATE: September 17, 2019


DEPARTMENT CONTACT:
Brent Schultz
PHONE:
234-6650
DEPARTMENT CONTACT:
Sarah Dukett
PHONE:
463-4441


ITEM TYPE: Regular Agenda

TIME ALLOCATED FOR ITEM: 30 Mins


AGENDA TITLE:
title
Discussion and Possible Direction to Staff Regarding the Establishment of a Cannabis Business Tax Appeal Procedure, Including the Potential for Using a Hearing Officer to Hear Appeals
(Sponsors: Planning & Building Services, Executive Office)
End

RECOMMENDED ACTION/MOTION:
recommendation
Discuss and provide direction to staff regarding the establishment of a cannabis business tax appeal procedure, including the potential for using a Hearing Officer to hear appeals.
End

PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
On August 26, 2016, the Board adopted Ordinance No. 4361, adding Chapter 6.32, Cannabis Business Tax to the Mendocino County Code. On February 27, 2018, March 27, 2018, and May 23, 2019 the Board provided direction to staff on potential revisions to Chapter 6.32. On June 11, 2019 the Board introduced and waived reading of an Ordinance Amendment to Chapter 6.32.150, and 6.32. On August 20, 2019, the Board discussed the Cannabis Business Tax Appeal Procedure and directed staff to explore the use of a Hearing Officer.

SUMMARY OF REQUEST:
On August 20, 2019, the Board of Supervisors directed staff to explore the use of Hearing Officers for the purpose of hearing disputes regarding the minimum cannabis business tax as applied to cultivators. The Board also discussed a desire to have criteria related to the necessity to hear an appeal, or grant an administrative waiver. Staff researched the proposed Hearing Officer Appeals process and estimates the appeal cost for such services ranges from $450 to $1,200, including $150 to $700 for the Hearing Officer and $300 to $500 for administrative costs, for a total estimate of approximately $450 to ...

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