presents
Voter’s Edge California
Conozca la información antes de votar.
Presentado por
MapLight
League of Women Voters of California Education Fund
November 6, 2018 — Elección General de California
Local

City of Banning
Measure O - Majority Approval Required

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Resultados electorales

Se aprueba

5,062 votos si (61.9%)

3,116 votos no (38.1%)

100% de distritos activos (10/10).

8,178 boletas electorales serán contadas.

To add between $1,168,800 and $1,558,400 in funding annually for unrestricted general revenue purposes such as police, fire, paramedics, parks and recreation, road improvements, capital maintenance, senior and youth programs, and other general municipal services, shall a measure imposing a 10% tax on the gross receipts of cannabis retail businesses in city (with the tax continuing until repealed, and the rate potentially increasing to 15%) be adopted?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 O was placed on the ballot by the Banning City Council. If approved by the voters, Measure O would adopt Ordinance No. 1528 to impose a tax on commercial cannabis retail businesses. Measure O would impose an annual tax in an amount equal to ten percent (10%) of the cannabis retailer’s gross receipts. The City Council would have the ability to increase this tax up to fifteen percent (15%) of the retailer’s gross receipts.

The cannabis business retail tax is a general tax 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 O 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 currently prohibits cannabis retail sales from occurring in the City. If the tax measure is adopted by the Banning voters, this would allow the City to tax retail cannabis sales if the City were to also adopt land use and regulatory ordinances allowing for the operation of cannabis retailers in specified areas of the City and subject to City-imposed restrictions and limitations.

The commercial cannabis retail tax is not a sales or use tax imposed directly on cannabis users or consumers. It is a tax on the businesses that would sell cannabis or cannabis products in the City. The tax does not apply to the use of cannabis or the cultivation of cannabis for personal use as authorized under state law. This City tax would be in addition to a fifteen percent (15%) percent State excise tax that is imposed upon retail purchasers of all cannabis and cannabis products.

The annual tax that the City would collect from cannabis retailers is dependent on the number of retail cannabis businesses that operate in the City each year. Measure O also includes requirements for the reporting and remission of the tax, penalties for late payment, refunds for overpayments, authority for the City to conduct audits of cannabis businesses, and an appeal procedure for cannabis businesses regarding their tax assessments. Measure O would allow the City Council to amend any of these regulatory provisions, but any increases in the tax rates or expansion of the tax would require future voter approval.

A “Yes” vote on Measure O allows for the imposition of a City tax on commercial cannabis retail businesses, should the City Council adopt an ordinance allowing these businesses to operate in certain areas of the City and subject to municipal restrictions and limitations.

A “No” vote is a vote against the imposition of a City tax on commercial cannabis retail businesses, should the City Council adopt an ordinance allowing these businesses to operate in certain areas of the City and subject to municipal regulation and limitations.

Kevin G. Ennis
City Attorney

The above statement is an impartial analysis of Measure O. If you desire a copy of Measure O, 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 O — It protects Banning residents, allows for the regulation of cannabis retail businesses, and will generate up to $1.5 million in annual City revenue, which could fund police, fire, paramedics, youth and senior programs, parks and more.

Proposition 64 legalized recreational cannabis in 2016. Whether you agree with the legalization of cannabis or not, the City is now faced with a choice of either keeping retail sales of cannabis in Banning illegal, underground and tax free, or allowing a some State and City-regulated stores to operate in the City generating needed TAX REVENUE for the City.

Measure O would impose an annual tax on retail cannabis businesses of 10% of the businesses gross receipts and allow the City Council to raise that tax up to 15% in the future. Operators would pay the tax. RESIDENTS WHO DON'T PURCHASE CANNABIS FROM STORES IN THE CITY WOULD NOT PAY THE TAX.

If Measure O is passed, the City Council will have the option to permit a limited number of legitimate and state-regulated retail cannabis stores to operate in the City and only in certain commercially zoned areas AWAY FROM residentially zoned neighborhoods, schools, day care centers, youth centers and parks. Stringent standards on these businesses would apply, including security. These standards will seek to preserve the quality of life for Banning's residents and businesses and protect our neighborhoods from their potentially negative impacts.

MEASURE O will bring needed revenue to the City to address a budget deficit, effectively enforce our ordinances, and fund critical services such as police, fire, parks, roads, and more.

A YES vote means CONTROLLING and TAXING the RETAIL CANNABIS INDUSTRY and PROVIDING FUNDING FOR CITY SERVICES.

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

— http://bit.ly/2R4Gwu1

Argumento EN CONTRA

NO ARGUMENT FILED AGAINST MEASURE “O”

— http://bit.ly/2R4Gwu1
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