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HomeMy WebLinkAbout09030 City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 8, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Robert P. Jagger, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 12 OF TITLE XIV OF THE PUEBLO MUNICIPAL CODE RELATING TO ADMINISTRATION AND ENFORCEMENT OF THE MARIJUANA EXCISE TAX SUMMARY: This Ordinance corrects an erroneous reference set forth in Section 14-12-5, P.M.C., relating to administration and enforcement of the marijuana excise tax. PREVIOUS COUNCIL ACTION: The provisions of this Chapter have not been previously amended. BACKGROUND: The current provisions of Section 14-12-5, P.M.C., mistakenly references Chapter 2 of Title XIV which is a non-existent Chapter. The correct reference should be Chapter 4 of Title XIV. Pursuant to Section 6 of Ordinance No. 8903, Council is authorized to pass this Ordinance and to amend or enact additional provisions relative to the payment, collection or enforcement of the marijuana excise tax. FINANCIAL IMPLICATIONS: If not passed, the City arguably has not adopted provisions specifically relating to interest or penalties for failure to remit excise taxes owed City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: City Council could choose to not pass the proposed Ordinance, but as above noted, such would limit the City’s authority to enforce and collect interest or penalties for any excise taxes should they become delinquent. RECOMMENDATION: City administration recommends passage and approval of the Ordinance. Attachments: None ORDINANCE NO. 9030 AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 12 OF TITLE XIV OF THE PUEBLO MUNICIPAL CODE RELATING TO ADMINISTRATION AND ENFORCEMENT OF THE MARIJUANA EXCISE TAX BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 5 of Chapter 12 of Title XIV of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 14-12-5. Administration and enforcement The tax imposed pursuant to this Chapter shall be administered and enforced in \[\] 4 accordance with the provisions of Chapter 2 of this Title which provisions are made applicable to this Chapter, including, without limitation, any interest and penalty for failure to make any return or to collect or pay any tax; except that, in the event of a conflict between \[\] 4 the provisions of this Chapter and the provisions of Chapter 2 of this Title, the provisions \[\] 4 of this Chapter shall control, including without limitation, those provisions of Chapter 2 providing for exemption from sales and use tax which are inapplicable to this Chapter. The burden of proving that any transaction is not subject to the taxes imposed by this Chapter shall be upon the person upon whom the duty to collect the tax is imposed. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED August 8, 2016 BY: Ed Brown PASSED AND APPROVED: August 22, 2016