Ordinance No. 19-2010 Page 1 of 8
ORDINANCE NO. 19-2010AN ORDINANCE OF THE CITY OF RANCHO CORDOVA ADDING CHAPTER 3.85 TOTHE RANCHO CORDOVA MUNICIPAL CODE WITH RESPECT TO A PERSONALCANNABIS CULTIVATION TAXWHEREAS
, if passed by the voters of the State of California on November 2, 2010, Proposition 19,also known as the Regulate, Control and Tax Cannabis Act of 2010, would legalize use and cultivation of marijuana for personal consumption, authorize the establishment of commercial businesses that sellcannabis, allow local governments to regulate the commercial marijuana industry, and allow localgovernments to impose taxes and fees on marijuana related activities; and
, currently, State law allows individuals to cultivate marijuana for personal medical useas long as they have a prescription or authorization from their doctor; and
, marijuana cultivation is associated with increases in the frequency of vandalism, homeinvasion robberies and threats to neighbors, house fires and loss of a neighborly community; and
, regardless of whether Proposition 19 is adopted by the voters, the City Councildesires to impose a tax as follows: 1) for indoor cultivation, if the Cultivated Area is equal to or less than 25square feet, $600 per year for each square foot of Cultivated Area, or if the Cultivated Area is over 25square feet, $900 per year for each square foot of Cultivated Area; and 2) for outdoor cultivation, if theCultivated Area is equal to or less than 25 square feet, $600 per year for each 12.5 square feet of Cultivated Area, or if the Cultivated Area is over 25 square feet, $900 per year for each 12.5 square feet of Cultivated Area; and
California Constitution Article XIIIC, Section 2(b), provides that no local governmentmay impose a general tax unless and until that tax is submitted to the electorate and approved by amajority vote; and
the proposed Personal Cannabis Cultivation Tax is a general tax, the revenues of which would be used for general governmental purposes, such as providing Code Enforcement and Policeservices,
and placed in the City’s general fund for the usual expenses of the City; and
, the tax imposed by this Ordinance is an excise tax on the privilege of conductingcertain activities within the City.
, California Constitution Article XIIIC, Section 2(b), requires that a measure proposing to
impose a general tax must be consolidated with a city’s g
eneral municipal election for members of the CityCouncil; and
, November 2, 2010 is the date of the City’s regular municipal election; and
, if approved by the voters of the City of Rancho Cordova on November 2, 2010, thePersonal Cannabis Cultivation Tax imposed by this Ordinance, Chapter 3.85, would take effect regardlessof whether Proposition 19 is adopted by the voters of the State of California and shall only apply to thelawful cultivation of marijuana.