Adopted Ordinance No. 22-999 (Cannabis Business License Tax)

Posted on August 16, 2022


Pursuant to GC § 36933(c)(1), the City must publish a summary of a proposed ordinance or a proposed amendment to an ordinance provided that the summary is posted in the manner specified in GC § 36933(a) at least five (5) days prior to adoption of the proposal and within fifteen (15) days after adoption with the names of the Council Members voting for and against the proposal.

Title

ORDINANCE NO. 22-999

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR ADDING CHAPTER 4.76 TO TITLE 4 OF THE MONTCLAIR MUNICIPAL CODE RELATED TO IMPOSING A CANNABIS BUSINESS LICENSE TAX (SUBJECT TO FINAL APPROVAL BY THE VOTERS AT THE TUESDAY, NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION)

Summary

The Ordinance would impose a tax not to exceed seven percent of gross receipts for the cultivation, manufacturing, distribution, and retail sales of cannabis or cannabis products (cannabis businesses). The tax rate would be initially set at zero dollars until cannabis businesses become legal in the City of Montclair, either by City Council action or by state or federal law limiting the City’s authority to ban cannabis businesses, at which time the City Council would set the tax rate between zero and seven percent.

History

The Ordinance was introduced for first reading at a regular City Council meeting held on Monday, August 1, 2022, which was approved by a 4-1 vote:

AYES: Lopez, Martinez, Johnson, Dutrey
NOES: Ruh
ABSTAIN: None
ABSENT: None

The Ordinance was read for a second time at a regular City Council meeting held on Monday, August 15, 2022, and was adopted by a 5-0 vote:

AYES: Lopez, Martinez, Johnson, Ruh, Dutrey
NOES: None
ABSTAIN: None
ABSENT: None

Effective Date

The Ordinance would be adopted if the ballot measure ordered by Resolution No. 22–3374 (Measure R) is approved by the voters at the November 8, 2022 General Municipal Election, and would go into effect upon the City Council’s certification of the election results.

Full Text of proposed Ordinance No. 22-999

A certified copy of the full text of the proposed Ordinance referenced in this notice is available for inspection in the Office of the City Clerk located at City Hall, 5111 Benito Street, Montclair, California.

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