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File #: 19-0955    Version: 1 Name:
Type: Resolution Status: Approved
File created: 10/9/2019 In control: Planning and Building Services
On agenda: 10/22/2019 Final action: 10/22/2019
Title: Discussion and Possible Action Including Adoption of Resolution Establishing the Cannabis Business Tax Appellate Process and Delegating Authority to a Hearing Officer to Hear Appeals (Sponsors: Planning and Building Services & Executive Office)
Sponsors: Planning and Building Services, Steve Dunnicliff
Attachments: 1. Resolution 19-372, 2. 10-22-19 Ramirez Correspondence

TO: Board of Supervisors
FROM: Planning and Building Services and Executive Office
MEETING DATE: October 22, 2019


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


ITEM TYPE: Regular Agenda

TIME ALLOCATED FOR ITEM: 30 Min


AGENDA TITLE:
title
Discussion and Possible Action Including Adoption of Resolution Establishing the Cannabis Business Tax Appellate Process and Delegating Authority to a Hearing Officer to Hear Appeals
(Sponsors: Planning and Building Services & Executive Office)
End

RECOMMENDED ACTION/MOTION:
recommendation
Adopt Resolution establishing the Cannabis Business Tax appellate process and delegating authority to a Hearing Officer to hear appeals; and authorize Chair to sign same.
End

PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
On August 2, 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 July 9, 2019, the Board adopted Ordinance 4432, amending Chapter 6.32 regarding appeal procedures. On August 20, 2019, the Board discussed the Cannabis Business Tax Appeal Procedure and directed staff to explore the use of a Hearing Officer. On September 17, 2019, the Board approved the Cannabis Business Tax Appeal procedures to utilize a Hearing Officer.

SUMMARY OF REQUEST:
Pursuant to Board direction, staff developed a process, utilizing Hearing Officers, to hear disputes involving the minimum cannabis business tax that are based on whether cannabis cultivation occurred. The Board approved this process on September 17, 2019. Use of hearing officers for this process requires a resolution. At this time, staff is requesting the Board review and adopt the Resolution, ...

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