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HomeMy WebLinkAbout2019-068 - Reducing the Commercial Cannabis Gross Receipts TaxLS 9.03.19 RESOLUTION NO. 2019-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS TAX FOR TESTING LABORATORIES FROM FIVE (5%) PERCENT TO ONE (1 %) PERCENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In November2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized recreational marijuana. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. D. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS- 2942, allowing and regulating commercial cannabis testing laboratories. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage would generate essential funds for protecting vital City services and facilities and place such businesses on more equal footing with existing City businesses, including medical marijuana businesses which already pay a business license tax. F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720. G. The voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962) on November 6, 2018, for the purpose of fixing the rate of taxation for Resolution No. 2019-068 Page 1 of 3 commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe and tested cannabis to residents. To ensure safe and tested cannabis, the City desires to see the establishment and successful operation of testing facilities and testing laboratories in the City. J. Section 21-133 (d) of Article XI11 of Chapter 21 of the Santa Ana Municipal Code establishes the initial commercial cannabis testing facility of testing laboratory gross receipts tax rate at five (5%) percent. K. Section 21-133 (c) of Article XI11 of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower tax rate it deems appropriate. Section 2. The City Council hereby establishes the commercial cannabis testing facility/testing laboratory gross receipts tax rate at one (1 %) percent, lowering it from five (5%) percent. The reduced one (1%) percent gross receipts tax rate shall be deemed effective July 1, 2019. ADOPTED this 20th day of August, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Resolution No. 2019-068 Page 2 of 3 AYES: Councilmembers Penaloza, Sarmiento, Solorio, Villegas (4) NOES: Councilmembers Iglesias (1) ABSTAIN: Councilmembers Pulido(1) NOT PRESENT: Councilmembers None (0) `Ward 4 Representative Vacant. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-068 to be the original Resolution adopted by the City Council of the City of Santa Ana on August 20, 2019 Date: - z9' x1cl Daisy Gomez Clerk of the C uncil City of Santa Ana Resolution No. 2019-068 Page 3 of 3