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AGENDA ITEM REVIEW FORM
6.D.
Regular City Council Meeting
Meeting Date:
08/26/2015
Department Head:
Glenn Gimbut
Submitted By:
Kay Macuil, Assistant City Attorney, Attorney's Office
Action Requested:
Motion

ITEM:

Discussion and possible action on any and all matters regarding Second Reading of Ordinance No. 339.  An ordinance of the Mayor and City Council of the City of San Luis, Arizona, Amending Ordinance No. 229 to allow the imposition of a business license fee for medical marijuana businesses; repealing any conflicting provisions; and providing for severability. (Kay Marion Macuil, Assistant City Attorney)

A.  Approval of Ordinance No 339 by title only
B.  Approval and adoption of Ordinance No. 339

SUMMARY:

The San Luis City Code Section 110.03(B) (passed as Ordinance 229 in 2005) prohibits the City of San Luis from charging certain nonprofit federally tax-exempt entities a license fee. The State of Arizona requires medical marijuana businesses to be nonprofit under A.R.S. § 36-2804.06.  Currently federal law does not allow tax-exempt status for medical marijuana businesses. In order for the City's Code to be absolutely clear on the point, this amendment specifically says that the medical marijuana businesses are charged a city license fee.

Under City Code Section 30.077 the second reading of an ordinance is to be read in full unless the Council has a copy of the ordinance and the Council unanimously allows the second reading by title only.  A copy of the ordinance is attached to this item.

RECOMMENDATION / SUGGESTED MOTION:

1. I MOVE TO ALLOW THE SECOND READING BY TITLE ONLY.
2. I MOVE TO APPROVE AND ADOPT ORDINANCE 339 AMENDING ORDINANCE 229 TO ALLOW IMPOSITION OF A BUSINESS LICENSE FEE FOR MEDICAL MARIJUANA BUSINESSES, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.

 


Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
N/A
CITY/STATE/FEDERAL FUNDS:
N/A
TOTAL:
N/A
BUDGETED:
N/A
AVAILABLE TO TRANSFER:
N/A
ACCOUNT #/REMAINING BALANCE:
N/A

FISCAL IMPACT STATEMENT:

Not Applicable.

Attachments