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Voter’s Edge California
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Presentado por
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League of Women Voters of California Education Fund
KPBS Voters Guide@KPBSNews
November 6, 2018 — Elección General de California
Local

City of Banning
Measure N - Majority Approval Required

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Resultados electorales

Se aprueba

5,031 votos si (61.29%)

3,178 votos no (38.71%)

100% de distritos activos (10/10).

8,209 boletas electorales serán contadas.

Commercial Cannabis Cultivation Tax
— undefined

To add between $644,800 and $1,289,600 annually for unrestricted general revenue purposes such as police, fire, paramedics, parks, roads, senior programs, and other municipal services, shall a measure imposing a commercial cannabis cultivation tax (set at $15 per square foot of canopy space and potentially increasing to $25 per square foot), and imposing up to 10% tax on gross receipts of cannabis manufacturing and testing laboratory facilities, with both taxes continuing until repealed, be adopted?

¿Qué es esta propuesta?

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

Análisis del analista legislativo / Proposal

City Attorney, City of Banning

Measure N was placed on the ballot by the Banning City Council. If approved by the voters, Measure N would adopt Banning Ordinance No. 1527 to impose a tax on commercial cannabis cultivation, manufacturing, and testing laboratory facilities.

Measure N would impose the following new City taxes:

1.                   An annual tax on commercial cannabis cultivation facilities in the amount of $15 per square foot of indoor area used to grow cannabis (“Canopy Space”). The City Council would have the ability to increase this tax up to $25 per square foot of Canopy Space without further voter approval.

2.                   An annual tax on cannabis manufacturing and testing laboratory facilities in an amount equal to ten percent (10%) of the facility’s gross receipts.

These are general taxes enacted for general municipal purposes such as fire, paramedic and police protection; road repairs; youth programs; and parks and recreation. All tax proceeds would go into the City’s General Fund. Measure N requires a simple majority approval of the voters to pass and the taxes would be effective January 1, 2019.

State law allows cities to determine whether to allow commercial cannabis businesses to operate in their jurisdiction. The City Council has adopted an ordinance that will establish regulations for operation of the following commercial cannabis uses if Measure N is passed:

1.                   Indoor commercial cultivation facilities that are a minimum of 10,000, and a maximum of 22,000, square feet in the size.

2.                   Manufacturing facilities that manufacture cannabis products using nonvolatile solvents, or no solvents.

3.                   Testing laboratories that perform tests of cannabis or cannabis products and that are accredited by an independent body from all other persons involved in commercial cannabis activity.

These uses would only be permitted to operate in the Industrial Zoning District, and would be subject to security, odor and waste management requirements. The City Council also adopted a cannabis regulatory ordinance that requires businesses to undergo background checks, and establishes minimum criteria to operate in the City. These two companion ordinances will be effective January 1, 2019, but only if Measure N is approved by voters.

The amount of tax revenue generated by these taxes is dependent on the size and number of cannabis businesses that operate each year. The City Council is authorized to amend the regulatory scheme pertaining to the cannabis taxes, and change the tax rates without voter approval, so long as the tax rates do not exceed the amounts stated above. These local taxes are in addition to taxes collected by the State.

A “Yes” vote allows the imposition of City taxes on commercial cannabis cultivation, manufacturing, and testing laboratory facilities and would permit currently proposed City regulations to take effect that would allow and regulate these types of businesses in the City.

A “No” vote is a vote against City taxes on commercial cannabis cultivation, manufacturing, and testing laboratory facilities, and would block currently proposed City regulations from taking effect that would allow and regulate these types of businesses in the City.

Kevin G. Ennis
City Attorney

 

The above statement is an impartial analysis of Measure N. If you desire a copy of Measure N, please call the City Clerk’s office at (951) 922-3102 and a copy will be mailed at no cost to you.

 

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

YES on MEASURE N — It protects Banning residents, allows for the regulation of the cannabis cultivation, manufacturing and testing industry, and will generate up to $1.2 million in annual City revenue, which could fund police, fire, paramedics, youth and senior programs, parks and more.

Proposition 64 legalized recreational cannabis and gave local governments the responsibility to regulate the legalization within their communities. A new regulatory tax and enforcement framework addressing commercial cannabis businesses in the City is needed.

The Banning City Council recently completed a process to impose TOUGH NEW REGULATIONS on where and how cannabis businesses can cultivate, process and test cannabis. These uses will ONLY be allowed on properties in the City's Industrial Zone, in warehouses (not outdoors) and AWAY FROM residentially zoned neighborhoods, schools, day care centers, youth centers and parks. Stringent standards on these businesses would apply, including security and odor control.

MEASURE N WILL ALLOW THESE TOUGH REGULATIONS TO GO INTO EFFECT and will approve a City tax on their operations. The operators of these businesses will pay the tax; RESIDENTS WILL NOT HAVE TO PAY THIS TAX.

Banning needs to tax the cannabis industry in order to address a budget deficit, effectively enforce our ordinances, and fund critical services such as police, fire, parks, roads and infrastructure and other important municipal services.

It is imperative that we regulate and tax the cannabis industry to ensure compliance with existing laws and DEAL WITH THE BLACK MARKET.

A YES vote means Banning will allow CAREFULLY CONTROLLED indoor commercial cultivation, manufacturing and testing of cannabis by approving a tax on these uses. A YES vote means FUNDING FOR CITY SERVICES FOR RESIDENTS.

VOTE YES ON MEASURE N.
Don M. Peterson, Mayor Pro Tem
Arthur L. Welch, Council Member


The above statement is an impartial analysis of Measure N. If you desire a copy of Measure N, please call the City Clerk’s office at (951) 922-3102 and a copy will be mailed at no cost to you.

 

— Riverside County Registrar of Voters

Argumento EN CONTRA

NO ARGUMENT FILED AGAINST MEASURE "N"

— Riverside County Registrar of Voters
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