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November 6, 2018 — Elección General de California
Local

City of Hemet
Measure Z - Majority Approval Required

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Resultados electorales

Se aprueba

10,838 votos si (52.35%)

9,866 votos no (47.65%)

100% de distritos activos (25/25).

20,704 boletas electorales serán contadas.

General Tax on City Sponsored Cannabis Businesses
— undefined

Shall the City-sponsored measure be adopted establishing a tax on cannabis businesses at the maximum rates of 25% of gross revenues or $30 / square foot of cultivation space, which will apply to illegally operating businesses and, if action is taken after December 31, 2020 to permit cannabis businesses, will apply to legally-established cannabis businesses, estimated to generate at least $3,500,000 annually in perpetuity if cannabis businesses are permitted; and prohibiting cannabis businesses through December 31, 2020?

¿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 Hemet

Measure Z was placed on the ballot by the Hemet City Council as an alternative to Measure Y, which was placed on the ballot by private proponents. Measure Z would impose a general tax on all cannabis businesses operating within the City of Hemet. Measure Z establishes the following maximum tax rates:

·     $30 per square foot of each cultivation business (excluding square footage not used for cultivation activities), which increases annually based on the Consumer Price Index;

·     25% of the gross receipts of each manufacturing business; and

·     15% of the gross receipts of each dispensary or other cannabis business that is not cultivation or manufacturing, such as testing laboratories and distribution centers.

The tax revenues received from the tax proposed by Measure Z would be deposited into the City’s General Fund and could be spent for any lawful municipal purposes, including police and fire protection, road improvements, and parks and recreation.

The City Council may impose the tax at lower rates, and may establish exemptions, incentives or other reductions in the tax.

Measure Z keeps in place the City’s current prohibition on cannabis businesses and requires the current prohibition to remain in place through December 31, 2020. Thereafter, the City Council may exercise its regulatory authority to determine whether and to what extent cannabis businesses should be allowed to operate within the City.

The general tax established by Measure Z applies to all cannabis businesses, regardless of whether they are operating legally. The City may assess a penalty on illegally operating cannabis businesses in an amount equal to the tax the business should have paid to the City.

State law requires a City-proposed general tax to be voted upon at the same time as the City’s general municipal election, with certain exceptions. If Measure Z is not approved, the City likely could not propose another cannabis business tax, or an increase in the cannabis business tax proposed by Measure Y if it is approved, until the next general municipal election in November 2020.

A “yes” vote is a vote to establish the tax on cannabis businesses described above and keep the City’s current prohibition on cannabis businesses in place through the end of the year 2020. A “no” vote is a vote to not establish a tax on cannabis businesses and to maintain the City Council’s authority to adopt regulations permitting or prohibiting cannabis businesses. Measure Z conflicts with Measure Y and both measures cannot be approved. Measure Z will be approved if it receives a simple majority of “yes” votes and Measure Y does not. If both measures receive a simple majority of “yes” votes, the measure with the most “yes” votes will be approved.

Eric S. Vail

City Attorney, City of Hemet

The above statement is an impartial analysis of Measure Z. If you desire a copy of the measure, please call the elections official's office at
(951) 765-2395 and a copy will be mailed at no cost to you. You may also view the Full Text of Measure Z at www.cityofhemet.org.

 

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

A monopolistic entity from outside Hemet has pushed a self-serving, minimally regulated cannabis initiative onto the ballot. Their measure is misleading because it implies Hemet is not regulating cannabis. The truth is, HEMET DOES NOT CURRENTLY ALLOW ANY FORM OF MARIJUANA BUSINESS.

Cannabis is illegal under Federal Law. California law allows both medical and recreational use of Cannabis subject to the rules and regulations of each city and county. But, State regulations and guidelines are still being developed and modified. We need time to appropriately develop regulations.

To protect our citizens, the City created Measure Z as a more practical and reasonable alternative to regulate any and all future cannabis business operations. There are many reasons why the City's Measure Z is unquestionably the better option for Hemet because it:

·         Enables us to maintain LOCAL CONTROL of any and all cannabis businesses.

·         Establishes a 2-year time frame enabling the City to receive community input while developing a comprehensive set of guide lines to regulate cannabis in Hemet.

·         Contains substantial provisions to regulate, monitor and tax cannabis operations.

·         Will generate tax revenue to help fund enforcement, needed street and sidewalk repairs, expand library hours and enhance public safety.

·         Is responsive to a recent survey that indicates two-thirds of voters perceive the City has a need for additional revenue.

·         Provides regulations to ensure adequate security, employee background checks.

·         Ensures environmental concerns are addressed, such as; odor control and utility usage.

·         Provides local control to keep cannabis businesses away from schools, parks and your residential neighborhoods.

HEMET RESIDENTS MUST BE INVOLVED IN THESE DECISIONS! Help guarantee YOUR INPUT will be included in how Hemet determines what cannabis business can be established and how they will be regulated!

This measure is, by far, "Z BEST!" PLEASE...VOTE YES ON MEASURE Z!!!

/s/ Linda Krupa

/s/ Michael Perciful

/s/ Russ Brown

/s/ Bonnie Wright

— Riverside County Registrar of Voters

Argumento EN CONTRA

NO ARGUMENT FILED AGAINST MEASURE "Z"

— Riverside County Registrar of Voters

Leer la legislación propuesta

Legislación propuesta

         WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5 and following, and entitled the Compassionate Use Act of 1996, which intended to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under limited, specified circumstances; and

         WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medicinal Marijuana Program (the "MMP"), which, as codified in California Health and Safety Code Section 11362.7 et seq., was intended to clarify the CUA's scope and immunize from criminal prosecution, under specified state laws, certain activities and conduct related to the provision of medicinal marijuana to qualified patients; and

         WHEREAS, on November 8, 2016, the voters of the State of California approved Proposition 64, entitled the "Control, Regulate and Tax Adult Use of Marijuana Act," which legalizes and regulates recreational marijuana in California; and,

         WHEREAS, the State has established an integrated licensing and regulatory system for both medicinal and recreational marijuana businesses consistent with Propositions 215 and 64 entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), codified in Business and Professions Code section 26000 et seq.; and,

         WHEREAS, Business and Professions Code section 26200 expressly recognizes the ability of cities to completely prohibit all medicinal and recreational cannabis businesses or to regulate such businesses; and,

         WHEREAS, despite the City's existing prohibition against all types of marijuana facilities and commercial cannabis activity, codified in section 90-79 of the Hemet Municipal Code, numerous illegal marijuana facilities have opened in the City; and,

         WHEREAS, the City has incurred significant costs and expenses associated with shutting down illegal marijuana facilities and commercial cannabis activity; and,
         WHEREAS, despite the City's aggressive enforcement of its existing prohibition on marijuana facilities and commercial cannabis activity, individuals continue to open new illegal businesses in the City; and,

         WHEREAS, illegal marijuana facilities pose significant risks to the public health and safety because such businesses are operated without regulatory oversight to ensure that dangerous conditions, such as mold, electrical overload, improper hazardous materials storage, and improper ventilation and odor control, do not exist; and

         WHEREAS, enacting, implementing, and maintaining a new regulatory program allowing commercial cannabis activities, including enforcement of such a regulations, has significant cost implications for the City's general fund which cannot be matched by revenue from the City's existing general business tax ordinance; and

         WHEREAS, allowing commercial cannabis activity in the City, subject to regulation and taxation, may lessen the financial burdens and public health and safety risks caused by current illegally operated marijuana facilities; and,
         WHEREAS, the City desires to establish a general tax on cannabis businesses while keeping the existing prohibition on cannabis businesses in place for a period of time sufficient to allow the City to conduct public meetings and engagement to consider whether and to what extent cannabis businesses should be permitted in the City and develop a proposed regulatory program for such businesses for possible adoption by the City Council.
         THE PEOPLE AND THE CITY COUNCIL OF THE CITY OF HEMET DO ORDAIN AS FOLLOWS:

SECTION 1:                CANNABIS BUSINESSES PROHIBITED.

         The City of Hemet Ordinance No. 1925, codified in Section 90-79 of the Hemet Municipal Code, prohibiting all medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and marijuana deliveries, shall remain in full force and effect and shall not be amended, repealed, superseded, modified or otherwise substantively changed through December 31, 2020 at 11:59 p.m. On January 1, 2021 at 12:00 a.m. the prohibition on amending, modifying, repealing, superseding or otherwise substantively changing Ordinance No. 1925 is lifted, and the City Council may thereafter take legislative action to permit cannabis businesses to operate in the City, subject to the tax contained in Section 2 of this Ordinance, and/or continue to prohibit some or all cannabis businesses from operating within the City.

SECTION 2:                TAXATION.

         A.       Imposition of tax.  Every cannabis business operating in the city shall pay a cannabis business license tax established pursuant to Government Code section 37101 solely to raise revenue for the general governmental purposes of the city, in the following amounts:

                  1.            Fifteen cents for each one dollar of gross receipts or fractional part thereof received by a dispensary or any other type of cannabis business not specifically listed below.

                  2.            Twenty-five cents for each one dollar of gross receipts or fractional part thereof received by a manufacturing business.

                  3.            Thirty dollars per square foot of each cultivation business, not including square footage that is not directly used in cannabis cultivation such as offices, employee lunch/break rooms, restrooms, and storage areas for materials not used in cultivation activities. The maximum rate for this cultivation tax shall increase annually based on the Consumer Price Index for all urban consumers for the Los Angeles-Riverside-Orange County metropolitan area.

The city council may impose the tax authorized by this paragraph A at a lower rate and may establish exemptions, incentives, or other reductions, and penalties and interest charges or assessments for failure to pay the tax in a timely manner. No action by the city council to impose the tax at a lower rate shall prevent it from later increasing the tax or removing any exemption, incentive, or reduction, and restoring the maximum tax specified in this paragraph A.

         C.        Administration and Enforcement. The City Council may adopt an ordinance or resolution establishing implementation and enforcement procedures for the cannabis business tax established by this section 2. Any cannabis business that operates illegally within the City shall pay to the City a penalty in an amount equal to the amount of cannabis tax that the business should have paid, in addition to any other penalties authorized under the law.

         D.        Definitions. For purposes of this section 2 the following terms have the following definitions:

                  1.          "Cannabis business" means any person engaged in commercial cannabis activity as defined by MAUCRSA, as it may be amended from time to time.

                  2.          "Gross receipts" shall have the same meaning as that term is defined in Section 18-44 of the Hemet Municipal Code, as that section may be amended from time to time.

                  3.          "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

         E.          Taxation Does Not Authorize Activity. This Ordinance does not authorize the conduct of any business or activity in the city, but provides for the taxation of such businesses or activities as they occur. Nothing in this Ordinance shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. The tax established by this Ordinance is payable regardless of whether the business has been issued a permit to operate lawfully in the city or is operating unlawfully. The city's acceptance of a cannabis tax payment from a cannabis business operating illegally will not constitute the City's approval or consent to such illegal operations.

SECTION 3:                CONFLICTING INITIATIVE ORDINANCE

         This Ordinance conflicts with any other initiative Ordinance that appears on the same election ballot for the City of Hemet proposing to permit cannabis businesses to operate in the City subject to taxation and regulation. In the event that this Ordinance receives a greater number of affirmative votes than the conflicting initiative Ordinance, the provisions of this Ordinance shall prevail in their entirety and the conflicting initiative Ordinance shall be null and void.

SECTION 4:               CEQA

         This Ordinance is not a project subject to CEQA review. CEQA Guideline 15378(b) provides "the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment" are not projects subject to CEQA review.

SECTION 5: SEVERABILITY; AMENDMENT

         A.          If any part or provision of this ordinance, or the application of this ordinance to any person or circumstance, is held invalid, the remainder of this ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.

         B.         Notwithstanding any other provision of this Ordinance, the City Council is authorized to adopt ordinances and regulations that conflict with and supersede provisions of this Ordinance to the extent necessary for the City's ordinances and regulations applicable to cannabis businesses to be consistent with MAUCRSA, as it may be amended from time to time and interpreted by courts of competent jurisdiction, and any other laws of the State of California applicable to cannabis businesses.

SECTION 6:          ELECTION REQUIRED; EFFECTIVE DATE.

         This ordinance shall be submitted to the voters at the regular municipal election to be held on November 6, 2018. This ordinance shall not become operative unless and until a majority of the electors voting on the measure vote to approve this ordinance, in which case this ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council.

PASSED, APPROVED, AND ADOPTED BY THE PEOPLE OF THE CITY OF HEMET AT THE REGULAR MUNICIPAL ELECTION HELD ON THE 6TH DAY OF NOVEMBER, 2018.

Michael Perciful, Mayor

ATTEST:                                            APPROVED AS TO FORM:

Sarah McComas, City Clerk             Eric S. Vail, City Attorney

 

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