Ordinance 16-07(A) Submitting the Question to Qualified Voters if Marijuana Establishments Shall be Prohibited

CITY OF HOMER
HOMER, ALASKA

Mayor

ORDINANCE 16-07(A)

AN ORDINANCE OF THE HOMER CITY COUNCIL SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY THE QUESTION WHETHER MARIJUANA ESTABLISHMENTS SHALL BE PROHIBITED IN THE CITY AT A SPECIAL ELECTION TO BE HELD APRIL 19, 2016,  AND PROHIBITING MARIJUANA ESTABLISHMENTS IN THE CITY UNTIL CERTIFICATION OF THE RESULT OF THE ELECTION ON THAT QUESTION.

WHEREAS, The State of Alaska voters passed Ballot Measure 2 at the November 4, 2014 regular State of Alaska election, effectively permitting marijuana establishments in the State of Alaska subject to State regulations; and

WHEREAS, The State of Alaska Marijuana Control Board recently adopted regulations regarding marijuana facilities in the State of Alaska that become effective February 21, 2016; and  

WHEREAS, The voters’ support for Ballot Measure 2 at the Statewide 2014 election may not reflect the support for the operation and regulation of marijuana establishments within the City of Homer, Alaska; and

WHEREAS, The benefits and potential consequences of permitting the commercial marijuana industry to operate within the City are significant and warrant voter approval by the qualified voters at the next regular election;

THE CITY OF HOMER ORDAINS:

Section 1.          Commercial marijuana establishments shall not be permitted within the boundaries of the City of Homer prior to the certification of the election results on Proposition No. 1.

Section 2. Commercial Marijuana establishments shall not be permitted within the boundaries of the City of Homer.

Section 3.          The City Clerk is hereby directed to submit Proposition No. 1 to the qualified voters at the October 4, 2016 regular municipal election in substantially the following form:

PROPOSITION NO. 1

Shall the City of Homer adopt a local option to prohibit the sale and importation for sale of marijuana and any marijuana product; the operation of any marijuana establishment, including one or more of the following license types:  a retail marijuana store; a cultivation facility; a marijuana product manufacturing facility; or a marijuana testing facility?

r YES                 r NO

A “YES” vote would prohibit the operation of any commercial marijuana establishments, including cultivation facilities, testing facilities, manufacturing facilities, and retail stores or facilities from operating within the boundaries of the City of Homer.

A “NO” vote would permit the City of Homer City Council to permit operations of commercial marijuana establishments, including cultivation facilities, manufacturing facilities, testing facilities, and/or retail stores or facilities within the boundaries of the City of Homer.

Section 4. This ordinance shall become effective immediately upon its enactment except for section 2 of this ordinance which shall be effective upon the passage of proposition 1.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this _____ day of _______________ 2016.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                               
Mary K. Koester, City Manager                                                              Thomas F. Klinkner, City Attorney

Date: _________________________                                                 Date: _________________________