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
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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
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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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RESOLUTION NO. 2016-23