San Jose |
Code of Ordinances |
Title 4. REVENUE, FINANCE AND BUSINESS TAXES |
Chapter 4.66. MARIJUANA BUSINESS TAX |
Part 2. GENERAL TAX PROVISIONS |
§ 4.66.250. Amount of business tax owed.
A.
In addition to the business tax imposed under Chapter 4.76 of this code and the requirements set forth therein, every person engaged in marijuana business in the city shall pay a business tax at a rate of up to ten percent of gross receipts. The tax under this chapter shall not be imposed on marijuana businesses unless and until the city council, by ordinance, takes action to set a tax rate not to exceed ten percent of gross receipts.
B.
Notwithstanding the maximum tax rate of ten percent of gross receipts imposed under Subsection A., the city council may, in its discretion, at any time by ordinance, implement a lower tax rate for all marijuana businesses or establish differing tax rates for different categories of marijuana businesses, as defined in such ordinance, subject to the maximum rate of ten percent of gross receipts. The city council may, by ordinance, also increase any such tax rate from time to time, not to exceed the maximum tax rate of ten percent of gross receipts established under Subsection A.
C.
Pursuant to Subsection A., the city council adopted Ordinance No. 28867 setting the marijuana business tax at seven percent of gross receipts. Commencing on the operative date of this chapter, every person engaged in marijuana business in the city shall pay a marijuana business tax at the rate of seven percent of gross receipts.
D.
Pursuant to Subsection A, the city council adopted Ordinance No. 29262, increasing the marijuana business tax rate to ten percent of gross receipts. Commencing on July 1, 2013, every person engaged in marijuana business in the city shall pay a marijuana business tax at the rate of ten percent of gross receipts.
(Measure U (Ord. 2010.2), adopted by electorate, 11-2-10); Ords. 28867, 29262.)