HomeMy WebLinkAboutOrdinance 2018 ORDINANCE NO.A,D I
AN ORDINANCE AMENDING CHAPTER 3.30 MARIJUANA
AND MARIJUANA INFUSED PRODUCT TAX
RECITALS:
A. In November 1998, Oregon voters approved the Oregon Medical
Marijuana Act (OMMA) which allowed medical use and possession of
marijuana, and in 2013 the Oregon legislature approved House Bill 3460
amending the OMMA to allow medical marijuana dispensaries (collectively
"OMMA"); and
B. in November 2014, Oregon voters approved Measure 91 (M. 91)
legalizing personal possession, growth, processing, delivery and sale of
nonmedical marijuana; and
C. Effective June 30th, 2015 the Oregon legislature adopted House Bill 3400
amending the Oregon Medical Marijuana Act ("OMMA") and Measure 91
("M91"); and
D. The City of Central Point is a home-rule Municipal corporation; and
E. Section 4 of the Central Point Charter provides: "The City shall have all
powers which the constitutions, statutes and common law of the United
States and of this state expressly or impliedly grant or allow municipalities,
as fully as though this charter specifically enumerated each of those
powers."; and
F. Wordsthrough in the following ordinance are to be deleted and
words in bold are added.
The people of the City of Central Point do ordain as follows:
Section 1. Section 3.30.030 Levy of Tax is hereby amended to read as follows:
Chapter 3.30
MARIJUANA AND MARIJUANA INFUSED PRODUCT TAX
3.30.030 Levy of tax
3.30.030 Levy of tax.
A. There is hereby levied and shall be paid a tax by every seller exercising the taxable
privilege of selling marijuana, medical marijuana and marijuana-infused products as
defined in this chapter.
B. The amount of tax levied is as follows:
Ordinance No.( D` (100815)
1. Three percent of the gross sale amount paid to the seller for medical
marijuana sold under the Oregon Medical Marijuana Program and/or
recreational marijuana. Five percent of the gross calc amount paid to the seller
by a registry idcntification cardholder.
2. Ten percent of the gross sale amount paid to the seller of marijuana and
the Oregon Medical Mcr!;uors Program.
3--Upon city council resolution, the amount of the tax levied may be increased up
to twenty-five percent of the gross sale amount paid to the seller by a registry
identification cardholder.
4. 3. Upon city council resolution, the amount of the tax levied may be increased
up to twenty-five percent of the gross sale amount paid to the seller by individuals
who are not purchasing marijuana under the Oregon Medical Marijuana Program.
C. The purchaser shall pay the tax to the seller at the time of the purchase or
sale of marijuana
SECTION 2. Section 3.30.140 is here by created to read as follows:
3.30.140 Savings Clause
3.30.140 Savings Clause
If any section, subsection, provision, clause or paragraph of this ordinance
shall be adjudged or declared by any court of competent jurisdiction to be
unconstitutional or invalid, such judgment shall not affect the validity of the
remaining portions of this ordinance; it is hereby expressly declared that
every other section, subsection, provision, clause or paragraph of this
ordinance enacted, irrespective of the enactment or validity of the portion
hereof declared to be unconstitutional or invalid, is valid.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word Ordinance may be changed to "code", "article", "section",
"chapter", or other word, and the sections of this Ordinance may be renumbered, or
Ordinance No. c70/2 (100815)
re-lettered, provided however that any Whereas clauses and boilerplate provisions
need not be codified and the City Recorder is authorized to correct any cross
references and any typographical errors.
SECTION 4. Effective Date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
Passed by the C uncil and signed by me in authentication of its passage this
c ' day of C�G�_hlN o (- , 2015.
, 0--,f,,-/A'‘,-e,e0i-.-04-----i
Mayor Hank Williams
ATTEST.
City Recorder I
Ordinance No.(26 a (100815)