HomeMy WebLinkAbout2019 Ordinance No. 007BY AUTHORITY
ORDINANCE NO. 7 COUNCIL BILL NO. 52
SERIES OF 2018/2019 INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE ADOPTING TITLE 4, CHAPTER 4, SECTION 4-211,
REGARDING ANNUAL SALES TAX INCREASE FOR RETAIL
MARIJUANA, 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;
WHEREAS, on November 8, 2016, by Initiated Ordinance, Ballot Issue No. 300, 2016, the
voters of the City of Englewood levied an additional sales tax upon the sale of retail marijuana of
up to fifteen percent (15%);
WHEREAS, such initiated ordinance directed that the full tax levy be implemented
incrementally by the City, beginning with a tax of 3.5%, followed by annual increases of up to
1.5%, until the maximum amount of the tax levy was imposed;
WHEREAS, the voters approved the tax levy of fifteen percent (15%) to be enacted
incrementally, although they did not specify a method for notifying the public of the annual
incremental increase; and
WHEREAS, establishing the tax rate for retail marijuana as part of the budgeting process
provides an opportunity for the public to comment on the tax rate during the public hearing for the
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Title 4, Chapter 4, Section 4-211 shall be adopted to read as follows:
4-4-4-2B. Annual Increase of Sales Tax upon the Sale of Retail Marijuana.
To implement Initiated Ballot Issue 300, 2016, staff is directed to include within the annual
budget, a one and one-half percent (1.5%) annual increase in the additional sales tax imposed
upon the sale of retail marijuana, up to a maximum of fifteen percent (15%). The City Council
may modify the annual additional sales tax increase as part of the annual budgeting process.
Approval of the annual budget will include approval of the sales tax rate for retail marijuana,
all in conformance with the provisions of 4-4-4-2A above.
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 2,
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 19'" 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. 7, Series of 2018/2019,
on the 10" day of January, 2019.
Published by title on the City's official website beginning on the 9`' day of
January, 2019 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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Linda Olson, Mayor
ATTEST:
SOlanie arlile, City Clerk
I, 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 final reading and published by
Title as Ordinance No. 7, Series of 2018/2019.
Step anie Carlile
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