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HomeMy Public PortalAboutORD16304BILL NO. 2022-089 SPONSORED BY Councilmember Wiseman ORDINANCE NO. /(,3 0 41 AN ORDINANCE IMPOSING A SALES TAX AT A RATE OF THREE PERCENT ON ALL TANGIBLE PERSONAL PROPERTY RETAIL SALES OF ADULT USE MARIJUANA SOLD WITHIN THE CITY OF JEFFERSON, MISSOURI, PURSUANT TO ARTICLE XIV, SECTION 2.6(5) OF THE MISSOURI CONSTITUTION SUBJECT TO THE APPROVAL BY THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 4, 2023; DESIGNATING THE FORM OF BALLOT; AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF SAID ELECTION. WHEREAS, on November 8, 2022, the electors of the State of Missouri approved Amendment 3 to the Missouri Constitution enacting Section 2 of Article XIV of the Missouri Constitution effective December 8, 2022; and WHEREAS, the newly enacted Article XIV, section 2.6(5) of the Missouri Constitution authorizes the City of Jefferson, Missouri to impose, by ordinance, an additional sales tax in amount not to exceed three percent (3%) on all tangible personal property retail sales of adult use marijuana sold in such political subdivision subject to approval by voters of the City of Jefferson, Missouri; and WHEREAS, the City Council finds that it is in the best interests of the citizens of the City of Jefferson, Missouri to impose a sales tax of three percent on all tangible personal property retail sales of adult use marijuana sold in the City of Jefferson, Missouri and to submit the same to the voters of the City for approval by a majority of those voting at the general municipal election to be held on April 4, 2023. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. ADULT USE MARIJUANA SALES TAX. A sales tax at the rate of three percent on all tangible personal property retail sales of adult use marijuana sold in the City of Jefferson, Missouri, as authorized by Article XIV, section 2.6(5) of the Missouri Constitution, is hereby imposed. The tax imposed hereunder shall be in addition to any and all other sales taxes allowed by law. Section 2. EFFECTIVE DATE. The sales tax imposed by this Ordinance shall not be effective unless approved by a majority of the votes cast by the qualified voters voting thereon at the General Municipal Election to be held on April 4, 2023, at which election a proposal to authorize the City Council of the City of Jefferson, Missouri, to impose the tax herein provided for shall be submitted to the voters of the City of Jefferson. Section 3. FORM OF BALLOT. The ballot to be used in such election shall contain the following question: Question 1 Shall the City of Jefferson, Missouri, impose a sales tax of three percent (3%) on all retail sales of non -medicinal adult use marijuana sold in the City of Jefferson, Missouri? ❑ Yes ❑ No Section 4. NOTICE OF ELECTION. The City Clerk is hereby directed to notify the Election Authorities of Cole County and Callaway County, Missouri, of the enactment of this Ordinance no later than 5:00 p.m. on Tuesday, January 24, 2023, in accordance with the Comprehensive Election Act, Chapter 115 of the Revised Statutes of Missouri, as amended Passed: ;t/'l,- 3 ()a.3 Presiding Officer ATTEST: Approved: Mayor Carrie Tergin 4, 70 73 APPROVED AS TO FORM: City A rney