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HomeMy WebLinkAbout3B - Presentation0State of Cannabis Agenda Item #3B OFFICE OF SPECIAL PROGRAMS October 26, 2023 Item 3B - Page 1 Cannabis in Palm Springs OFFICE OF SPECIAL PROGRAMS On September 26, 2023, Staff presented to Council an overview of the Palm Springs Cannabis Industry. •Federal, S tate, and Local challenges to the industry were presented. •Council requested Staff return with recommendations to address the local challenges. Item 3B - Page 2 Local Challenges OFFICE OF SPECIAL PROGRAMS •Local Tax Rates Palm Springs Local Tax Rates: 10% Gross Receipts for Retail Sales $5/ per square foot of Canopy for Cultivation 2% Manufacturing 0% Distribution •Over Concentration of Retail Dispensaries Item 3B - Page 3 Local Tax Recommendations OFFICE OF SPECIAL PROGRAMS •Reduction of Retail Tax from 10% to 5% of Gross Receipts •Implementation of a 2% Distribution Tax •No change to Current Cultivation and Manufacturing Tax •Revision to Definition of Gross Receipts and Cannabis Accessory •Cannabis Equity Tax Incentive •Allocation of Local Tax Revenue for Social Good Item 3B - Page 4 OFFICE OF SPECIAL PROGRAMS Reduction of Local Retail Tax consistent with other local Coachella Valley Tax Rates. Coachella Valley Cannabis Tax Rates: •Cathedral City 5% Recreational and Medical •Coachella 6% Recreational and Medical •Desert Hot Springs 10% Recreational and Medical •Indio 6% Recreational and Medical •Palm Desert 5% Recreational and Medical Local Tax RecommendationsRetail Tax Reduction Item 3B - Page 5 Local Tax RecommendationCannabis Distribution Tax OFFICE OF SPECIAL PROGRAMS I •February 2019 City suspended the distribution tax setting the rate to 0%, with the right to reinstate and resume collection. •The previous 10% retail tax rate would cause financial hardship to the distribution business model. •At the time of suspension, Distributors collected retail and cultivation taxes for the State. •Staff recommends a moderate 2% tax on gross receipts. Item 3B - Page 6 OFFICE OF SPECIAL PROGRAMS Cannabis Distribution Gross Receipts Fiscal Year 22/23 Cannabis Distribution Gross Receipt Totals FY 2022 - 2023 Month/Year Gross Receipts Reported Jul-22 $ 1,142,725.21 Aug-22 $ 970,373.40 Sep-22 $ 803,167.73 Oct-22 $ 997,766.92 Nov-22 $ 714,389.70 Dec-22 $ 678,184.39 Jan-23 $ 592,892.16 Feb-23 $ 182,155.26 Mar-23 $ - Apr-23 $ - May-23 $ - Total $ 6,081,654.77 Average $ 760,206.85 The implementation of 2% Distribution Tax would generate approximately $200,000 local tax revenue. Item 3B - Page 7 •Cathedral City 0% Must have a permit for Cultivation or Manufacturing (does not permit distribution independently). •Coachella 6% Recreational and Medical •Desert Hot Springs 0% Recreational and Medical (Staff is requesting a 1% tax effective FY 23/24) •Indio Does not Permit Distribution •Palm Desert 0% Recreational and Medical (does not permit distribution independently). OFFICE OF SPECIAL PROGRAMS Coachella Valley Distribution Tax Rates Item 3B - Page 8 OFFICE OF SPECIAL PROGRAMS Local Tax Cultivation and Manufacturing Staff Recommends no Changes to Local Cultivation and Manufacturing Tax Rates. •FY 22/23 $ 265,000 Cultivation Local Tax Revenue There are presently six (6) cultivation projects in the permitting process, with a total of 22,400 proposed cultivation canopy and a projected local cannabis tax revenue of $112,000 annually. •FY 22/23 $ 33,192 Manufacturing Local Tax Revenue Item 3B - Page 9 Local Tax Definitions and Allocations OFFICE OF SPECIAL PROGRAMS •Revise definition of Gross Receipts to remove the State’s excise tax from the definition. •Addition of definition of Cannabis Accessory. Presently, there is not a definition of Cannabis Accessory, it is important to provide; as, State and Local cannabis tax is applicable to cannabis accessories. •An allocation of local tax revenue for the City’s Equity Program. •An allocation of local tax revenue for Social Good. Item 3B - Page 10 Oversaturation OFFICE OF SPECIAL PROGRAMS The City of Palm Springs has 33 Cannabis Retailers permitted to operate in the City. There are 27 Cannabis Retailers operating in the City, this includes 23 Retail Storefronts, 2 Delivery Only, and 2 Microbusiness with a Retail Component. Presently, there is 1 dispensary per every 2,100 residents. Item 3B - Page 11 Over Saturation- Staff Recommendations OFFICE OF SPECIAL PROGRAMS •Establish a Cap on Retail Dispensaries. •Prohibit the sale and/or transfer of dispensary permits. •Non-renewal of Non-Operational Dispensaries. •Implement a one-owner-one dispensary rule. Current operators with more than one dispensary will be grand-fathered. Item 3B - Page 12 OFFICE OF SPECIAL PROGRAMS Coachella Valley Dispensary Overview Local Retail Dispensary Caps •Cathedral City 20 •Coachella 10 •Desert Hot Springs 16 •Indio 5 •Palm Desert 6 Item 3B - Page 13 OFFICE OF SPECIAL PROGRAMS Urgency 45-Day Moratorium Staff is recommending a 45-Day Urgency Moratorium on the City’s approval of new applications and transfers of cannabis retail permits. •Moratorium would allow the City to study amendments to the Municipal Code and Local Regulations affecting the Cannabis Industry. •Establish a Cap for Retail Dispensaries. •Moratorium can be extended 10 months and 15 days, pursuant to a future Council Ordinance, if needed. Item 3B - Page 14