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November 6, 2018 — Elección General de California
Local

City of Lompoc
Measure D2018 - Majority Approval Required

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Resultados electorales

Se aprueba

7,884 votos si (75.32%)

2,584 votos no (24.68%)

100% de distritos activos (14/14).

Cannabis Tax
— undefined

Shall a measure imposing a CANNABIS TAX of six cents per $1.00 of non-medical retail sales proceeds, one cent per $1.00 of cultivation proceeds, flat $15,000 for net income less than $2 Million and $30,000 for net income of $2 Million and more of manufacturing/distribution proceeds, a total aggregate tax of six cents per $1.00 of microbusinesses proceeds, no tax on testing, with no sunset clause, estimated to collect $130,000 to $470,000, annually, be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

Lompoc City Attorney

GENERAL TAXES ON CERTAIN COMMERCIAL CANNABIS ACTIVITIES

Measure D2018 (Cannabis Tax), if approved by a majority of voters, would establish general taxes within Lompoc on certain commercial cannabis activities. It is estimated the Cannabis Tax could annually generate $130,000 to $470,000 in general City-revenue.

Background:

On November 5, 2017, California voters passed the Adult Use of Marijuana Act, known as Proposition 64 (AUMA), which established a comprehensive system to legalize, control and regulate cultivation, processing, manufacture, distribution, testing and sale of nonmedical cannabis, including cannabis products. Pursuant to the AUMA, the City retained its police powers and land use authority to regulate or ban cannabis activities for the health, safety and welfare of its citizens. On November 7, 2017, the Lompoc City Council adopted Ordinance No. 1640(17), which allows and regulates all commercial medical and non-medical cannabis activities in Lompoc, except outdoor cultivation, which is banned. On June 19, 2018, the City Council placed a measure on the November 6, 2018, ballot for voters to decide whether to impose the Cannabis Tax as general taxes, at varying rates, on all cannabis activities, except testing and medical retail sales.

What the Cannabis Tax would do: The Cannabis Tax would impose general taxes on certain commercial cannabis activities, whether for profit or non-profit business, as follows:

          Cultivation – up to 1% of proceeds

          Non-medical Retail Operations – up to 6% of proceeds

          Manufacturing and Distribution – Flat tax of $15,000 for less than $2 Million of net income and flat tax of
          $30,000 for net income of $2 Million or more

          Testing – No tax

          Microbusiness – Rates in accordance with the above, but no more than an aggregate total of 6% of
          proceeds.

The Cannabis Tax defines proceeds as the total revenue and moneys a cannabis business receives before any deductions or allowances, including, but not limited to, rent, depreciation, cost of goods sold, labor costs, losses, interest and taxes.

The Cannabis Tax defines net income as the total revenue and moneys a cannabis business receives, minus costs of doing business, such as deductions and allowances for rent, depreciation, cost of goods sold, labor costs, losses, interest and taxes.

The Cannabis Tax also allows the City Council to amend the provisions of the Measure, and Chapter 3.50 of the Lompoc Municipal Code, to further its purpose and intent (including, but not limited to, suspending or reducing any tax established by the Cannabis Tax) in any manner that does not increase the above tax rates, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution.

The Cannabis Tax will be administered by the Municipal Services Director; failure to pay the tax would incur penalties of no more than 25% and interest of no more 10% of the tax due.

Vote Required for Passage of the Cannabis Tax

The Cannabis Tax requires approval by a majority of voters. A “Yes” vote approves the cannabis-related taxes. A “No” vote disapproves them.

/s/ Joseph W. Pannone, Lompoc City Attorney

The above statement is an impartial analysis of Measure D2018. If you desire a copy of the measure, please call the elections official’s office at 1-800-722-8683 and a copy will be mailed at no cost to you.

You may also access the full text of the measure on the Upcoming Elections page of the County Election Office’s website at http://www.sbcvote.com

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

Vote Yes on Measure D2018

Vote Yes on Measure D2018 to maintain the quality of life in the city of Lompoc. The purpose of Measure D2018 is to ensure that the city has the resources to properly regulate the cannabis industry without damaging our core city services.

Vote Yes on Measure D2018 simply guarantees cannabis businesses pay their fair share to maintain essential city services like public safety and roads that benefit all of us.

Vote Yes on Measure D2018 provides that we don't lose tax dollars to nearby communities that are already taxing and regulating cannabis businesses. Measure D2018 will keep Lompoc competitive with neighboring communities.

Vote Yes on Measure D2018 gives locally-controlled funding to help maintain fiscal stability and city services, such as emergency response service, public parks, street maintenance and youth programs.

Vote Yes on Measure D2018 does NOT tax medicinal cannabis patients. Help eliminate illegal cannabis operations and ensure the cannabis industry operates legally and contributes positively to the quality of life in the city of Lompoc.

Vote Yes on Measure D2018 means all programs funded by Measure D2018 will be subject to oversight and review. All the funds will be fully audited each year. Measure D2018 is fiscally responsible, timely and prudent. Since there is no guarantee that State tax revenue from cannabis sales will fund any local services, it is necessary to secure our own funding through this tax measure.

Vote Yes on Measure D2018 benefits all Lompoc residents by ensuring that cannabis businesses contribute reasonably and fairly to paying for costs associated with this emerging industry. Measure D2018 is simple: If an authorized commercial cannabis business operates within the City limits, that business contributes its fair share to the funding of vital public services such as police, fire, roads and parks and recreation.

Vote Yes on Measure D2018 with long-time residents, local small business owners, advocates and others to maintain OUR city with OUR local dollars to keep it a safe, well-maintained and beautiful place to live and work.

Please join us in voting Yes on Measure D2018.

For more Measure D2018 information, visit: www.cityoflompoc.com

The undersigned proponent(s) or author(s) of the primary argument in favor of ballot proposition Measure D2018 at the General Municipal Election for the City of Lompoc to be held on November 6, 2018, hereby state that the argument is true and correct to the best of their knowledge and belief.

/s/ Jenelle Osborne                             7/20/18
City Council Member

— Santa Barbara County Clerk, Recorder, and Assessor and Registrar of Voters

Argumento EN CONTRA

NO ARGUMENT WAS FILED AGAINST MEASURE D2018.

— Santa Barbara County Clerk, Recorder, and Assessor and Registrar of Voters

Leer la legislación propuesta

Legislación propuesta

You may also access the full text of the measure on the Upcoming Elections page of the County Election Office’s website at http://www.sbcvote.com.

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