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HomeMy WebLinkAboutResolution 2016-23 07/18/2016 RESOLUTION NO. 2016-23 A RESOLUTION REFERRING TO THE ELECTORS OF THE CITY OF SPRINGFIELD THE MEASURE OF ORDINANCE NO. 6356 IMPOSING A 3% TAX ON MARIJUANA RETAILERS' RECREATIONAL SALES IN SPRINGFIELD As the preamble to this Resolution, the Common Council of the City of Springfield, Oregon (the "City") hereby recites the matters set forth below. To the extent any of the following recitals relates to a finding or determination which must be made by the Common Council in connection with the subject matter of this Resolution or any aspect thereof, the Common Council declares that by setting forth such recital such finding or determination is thereby made by the Common Council. The recitals, findings and determinations set forth herein constitute a part of this Resolution. (1) POLITICAL SUBDIVISION. The City is a municipality and political subdivision organized and existing under and pursuant to the laws of the State of Oregon and the 2001 Springfield Charter City (the "Charter"). (2) ORDINANCE IMPOSING 3% TAX ADOPTED BY COUNCIL. The Common Council of the City of Springfield has adopted Ordinance No. 6356 , imposing a 3% tax on the recreational sale of marijuana and marijuana items by a marijuana retailer. (3) REFERRAL TO VOTERS. ORS 4756.110 requires that an ordinance imposing a 3% tax on the sale of recreational marijuana be referred to the voters of the City at a statewide general election, the next of which will be held November 8 2016. NOW THEREFORE BE IT RESOLVED as follows: SECTION 1. APPROVAL OF BALLOT MEASURE IMPOSING A 3% TAX ON MARIJUANA RETAILERS' RECREATIONAL SALES. The Common Council of the City hereby directs that at the General Election held November 8, 2016, there shall be submitted to the qualified electors of the City of Springfield the measure of Ordinance No. 6356 , imposing a 3% tax on the recreational sale of marijuana and marijuana items by a marijuana retailer. The Ballot Title is attached hereto as Attachment 1 ("the Ballot Title"), incorporated herein by reference. SECTION 2. SUBMISSION TO ELECTIONS OFFICER. Not later than the 61st day before November 8, 2016, the City Recorder, as the Chief Elections Officer of the City, shall submit to the County Clerk for Lane County, Oregon, a statement of the ballot measure together with a certified copy of this Resolution and the Ballot Title, all in order that the measure may appear on the ballot for the General Election held on November 8, 2016. The City Recorder shall submit to the County Clerk all necessary Page 1 of 3 information, and shall do and perform all other acts and things necessary or appropriate, so that the measure shall appear on the ballot for such General Election. SECTION 3. ADDITIONAL AUTHORIZATIONS. The City Manager, the City Recorder, the City Finance Director, and the City Attorney, and each of them acting individually, are hereby authorized, empowered and directed, for and on behalf of the City, to do and perform all acts and things necessary or appropriate to cause the ballot measure set forth in Attachment 1 to appear on the ballot of the November 8, 2016, General Election and to otherwise carry out the purposes and intent of this Resolution. SECTION 4. EFFECTIVENESS OF RESOLUTION. This Resolution shall take effect immediately upon its adoption by the Common Council of the City and approval by the Mayor. BE IT FURTHER RESOLVED that this Resolution shall take effect upon adoption by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield, Oregon, by a vote of 5 for and 1 against, this 18 day of July, 2016. (Pishioneri - no) Mayor ATTEST: City Record N:City/Resolution/General/TemplateforCity.doc REVIEWED&APPROVED AS TO FOR► DATE: /�' ' OFFICE OF C TY ATTORNEY Page 2 of 3 RESOLUTION NO. 2016-23 Version 3 BALLOT TITLE CAPTION: Imposes 3% city tax on marijuana retailers'sale of marijuana items QUESTION: Shall the City of Springfield impose a 3% tax on the sale of marijuana items by a marijuana retailer? STATEMENT: Under state law, a city council may adopt an ordinance to be referred to the voters of the city imposing up to a three percent tax on the sale of marijuana items in the city by a licensed marijuana retailer. The Springfield City Council enacted an ordinance imposing at 3% tax on the sale of marijuana items by a recreational marijuana retailer. The ordinance does not become effective unless approved by the voters. If approved, this measure imposes a 3% tax on the sale of marijuana items sold within the City of Springfield by a licensed marijuana retailer. The tax would be collected at the point of sale and remitted by the marijuana retailer. If approved, Section 7.1002 would be amended to add a subsection (3): (3) The amount of tax levied for recreational marijuana shall be 3% of the gross taxable sales of marijuana items by a marijuana retailer. EXPLANATORY STATEMENT: Approval of this measure imposes a 3% tax on the sale of marijuana and marijuana items sold within the City of Springfield by state-licensed recreational marijuana retailers. Medical marijuana items sold to registered medical marijuana cardholders under the Oregon Medical Marijuana Program would not be taxed. There are no restrictions on how the City may use the revenues generated by this tax. Measure 91 was adopted by Oregon voters in November 2014 and amended by the Oregon Legislature in 2015. Under Measure 91, the Oregon Liquor Control Commission must license the retail sale of recreational marijuana. ORS 4756.345 provides that a city council may adopt an ordinance imposing up to a three percent tax on the sale of marijuana items (which include marijuana concentrates, extracts, edibles, and other products intended for human consumption and use) by retail licensees in the city, but the council must refer that ordinance to the city's voters at a statewide general election. The City of Springfield city council has adopted an ordinance imposing a 3% tax on the sale of marijuana items by an OLCC-licensed recreational marijuana retailer in the City of Springfield, and, as a result, has referred this measure to the voters. This ordinance does not become effective unless approved by the voters. 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