§ 6.88.380. Fees and Charges.

A.

The City Manager is hereby authorized to charge and collect from each Cannabis Business all fees associated with the registration of that Cannabis Business. Prior to operating in the City of San José, each Cannabis Business shall timely and fully pay all fees associated with the registration of that Cannabis Business.

B.

All fees associated with the registration of a Cannabis Business shall be as set forth in the schedule of fees and charges established by resolution of the City Council.

1.

All fees must be paid within thirty (30) days of invoice date. Payment becomes delinquent thirty (30) days after invoice date unless otherwise noted. Failure to pay the total amount due by the due date can be subject to penalties, interest and fees.

2.

A Cannabis Business shall have the option of paying the annual operating fee in annual, semi-annual, or quarterly payments.

a.

The annual operating fee shall be paid on a fiscal year basis beginning July 1, 2017, and will be prorated accordingly.

b.

The selection of the payment dates shall be made prior to the date that the initial payment is due and shall remain unchanged for the duration of the year.

c.

The initial annual operating fee or selected installment thereof shall be paid prior to obtaining a Notice of Completed Registration. Subsequent installment shall be paid on or before the fifteenth of the sixth month following the initial installment if the semi-annual payment term is selected. Subsequent installments shall be paid on or before the fifteenth of the three, six, and nine months following the initial installment if the quarterly payment term is selected.

3.

No refund of any operating fee collected pursuant to this Chapter shall be made because of the discontinuation, dissolution or other termination of a Cannabis Business.

4.

Whenever the amount of any operating fee, penalty or interest has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City under this Chapter, it may be refunded to the Cannabis Business that paid the operating fee provided that a written claim for refund is filed with the Chief of Police.

5.

The Chief of Police shall have the right to examine and audit all the books and business records of the Cannabis Business in order to determine the eligibility of the Cannabis Business to the claimed refund. No claim for refund shall be allowed if the Cannabis Business refuses to allow such examination of its books and business records after request by the Chief of Police to do so.

6.

The Chief of Police shall initiate a refund of any operating fee which has been overpaid or erroneously collected whenever the overpayment or erroneous collection is uncovered by a City audit of operating fee receipts. In the event that the operating fee was erroneously paid and the error is attributable to the City, the entire amount of the operating fee erroneously paid shall be refunded to the Cannabis Business. If the error is attributable to the Cannabis Business, the City shall retain the amount to cover processing expenses from the amount to be refunded, as set forth in the schedule of fees and charges established by resolution of the City Council.

(Ord. 30210.)