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File #: 19-0504    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 5/28/2019 In control: County Counsel
On agenda: 6/11/2019 Final action: 6/11/2019
Title: Discussion and Possible Action Including Introduction and Waive First Reading of an Ordinance Amending Mendocino County Code Section 6.32.150 - Appeals Procedure; and Direction to Staff Regarding a Proposed Appellate Body Structure for the Cannabis Business Tax (Chapter 6.32) and Policy Considerations Related Thereto (Sponsors: County Counsel, Planning and Building Services and Treasurer-Tax Collector
Attachments: 1. Section 6.32.150 Amendments and Direction - Staff Memorandum, 2. Section 6.32.150 Amendments - Ordinance Summary, 3. Ordinance Redline, 4. Section 6.32.150 Amendments - Ordinance Clean, 5. Proposed Appellate Body Structure, 6. 06-10-19 Nelson Correspondence

 

To:  Board of Supervisors

FromCounty Counsel and Planning and Building Services and Treasurer - Tax Collector

Meeting DateJune 11, 2019

 

Department Contact:  

Matthew Kiedrowski

Phone: 

234-6850

Department Contact:  

Brent Schultz

Phone: 

234-6875

Department Contact:  

Shari Schapmire

Phone: 

234-6885

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 45 min

 

 

Agenda Title:

title

Discussion and Possible Action Including Introduction and Waive First Reading of an Ordinance Amending Mendocino County Code Section 6.32.150 - Appeals Procedure; and Direction to Staff Regarding a Proposed Appellate Body Structure for the Cannabis Business Tax (Chapter 6.32) and Policy Considerations Related Thereto

(Sponsors: County Counsel, Planning and Building Services and Treasurer-Tax Collector

End

 

Recommended Action/Motion:

recommendation

Introduce and Waive First Reading of an Ordinance Amending Section 6.32.150 - Appeal Procedure of Mendocino County Code hapter 6.32 - Cannabis Business Tax; and provide direction to staff as necessary.

End

End

 

Previous Board/Board Committee Actions:

On August 2, 2016, Chapter 6.32, Cannabis Business Tax, Ordinance No. 4361, was adopted by the Board.  The Board of Supervisors provided direction to staff on February 27, 2018, and March 27, 2018, regarding potential revisions to Chapter 6.32.                     

 

Summary of Request

After sending out the Cannabis Business Tax Minimum Due Invoices for the 2018 calendar year, staff of the Treasurer-Tax Collector’s Office received numerous questions regarding the minimum tax due requirement, including regarding an appeals process. 

 

Staff has prepared for the Board’s consideration certain amendments to Section 6.32.150 that would (1) allow for the delegation of the authority to hear appeals to a different body, (2) allow for the establishment of a fee for appeal applications and proceedings and (3) allow for the designation of a person other than the Clerk of the Board of Supervisors to organize and notice the appeal hearings.

 

Staff is further seeking direction regarding the minimum tax due requirement and the establishment of an appeals body.  Please see the attached memorandum for additional background.

 

Alternative Action/Motion:

Provide alternate direction.                      

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: No

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: No

 

budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Steve Dunnicliff, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:No Action Taken

Date: June 12, 2019