HomeMy WebLinkAbout2019 Ordinance No. 006ORDINANCE NO.6
SERIES OF 2018/2019
BY AUTHORITY
COUNCIL BILL NO. 51
INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE CODIFYING INITIATED ORDINANCE, BALLOT
ISSUE 300, APPROVED BY THE VOTERS ON NOVEMBER 8, 2016, AT
TITLE 4, CHAPTER 4, SECTION 4-2A, ALL WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood is a home rule City, established in accordance with Article
XX of the Constitution of the State of Colorado;
WHEREAS, Section 46 of the Englewood Charter provides that if a majority of the electors
voting upon the initiated ordinance shall vote in favor thereof, the same shall thereupon, without
further publication, become an ordinance of the City immediately; and
WHEREAS, on November 8, 2016, the voters of the City of Englewood, passed an initiated
ordinance levying an additional sales tax of up to fifteen percent (15%) upon the sale of retail
marijuana within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Title 4, Chapter 4, Section 4-2A shall be adopted to read as follows:
4-4-4-2A. Establishment of Sales Tax upon the Sale of Retail Marijuana.
The City of Englewood shall impose an additional sales tax of 3.5%, that may be raised up to
15% on the sale of retail marijuana in Englewood; provided the tax shall not be raised above
3.5% on or before January 1, 2018, and cannot be raised by more than 1.5% per year, with the
tax revenues being collected and used to fund local law enforcement, educational programs
designated by the city and other general operating expenses of the City of Englewood.
Section 2. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chanter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter),
Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth
above, including, but not limited to, the provisions regarding severability, inconsistent ordinances
or code provisions, effect of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. Title 1, Chapter 4, "General Penalty" provisions mandate that except as
otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal
Code, the violation of any provisions of the Code, or of any secondary code adopted therein,
shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00)
or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine
and imprisonment.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for
the health, safety, and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Introduced, read in full, and passed on first reading on the 17"' day of December, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20`" day of
December, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 191h day of
December, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 7" day of January, 2019.
Published by Title in the City's official newspaper as Ordinance No. 6, Series of 2018/2019,
on the I Wh day of January, 2019.
Published by title on the City's official website beginning on the 0 day of
January, 2019 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
� Linda Olson, Mayor
ATTEST:
Ste nie Carlile, City Clerk
1, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on finalre ing and published by
Title as Ordinance No. 6, Series of 2018/2019.
i Carlile