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75A - PH CANNABIS MUNI CODE AMEND
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75A - PH CANNABIS MUNI CODE AMEND
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Last modified
8/15/2019 5:51:41 PM
Creation date
8/15/2019 5:33:39 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
8/20/2019
Destruction Year
2024
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Section 2. This ordinance is adopted pursuant to the authority granted by the <br />California Constitution and State law, including but not limited to: Article IX, Section 7 of <br />the California Constitution, the Compassionate Use Act of 1996 (California Health and <br />Safety Code Section 11362.5), the Medical Marijuana Program (California Health and <br />Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act <br />(AB 266, AB 243, and SB 643), the Adult Use of Marijuana Act (Proposition 64), and the <br />Medical and Adult Use Cannabis Regulation and Safety Act (SB 94). <br />Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and <br />the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review <br />pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it <br />can be seen with certainty that there is no possibility that the project may have a <br />significant effect on the environment. As a result, a Notice of Exemption will be filed <br />upon the adoption of this ordinance. <br />Section 4. All provisions of the Santa Ana Municipal Code which are repeated <br />herein are repeated solely in order to comply with the provisions of Section 418 of the <br />City Charter. Any such restatement of existing provisions of the Code is not intended, <br />nor shall it be interpreted, as constituting a new action or decision of the City Council, <br />but rather such provisions are repeated for tracking purposes only in conformance with <br />the Charter. <br />Section 5. Section 21-131.1, Article XII of Chapter 21 of the Santa Ana <br />Municipal Code is hereby added to read in full as follows: <br />Sec. 21-131.1. Sale, assignment, transfer, or termination of business: marijuana <br />collective/cooperative (medicinal cannabis retail business) owner/operator's duty <br />to notify; remitting and reporting requirements; closeout audit; successor's duty <br />to notify: successor's and transferor's ioint and several liability; certificate of <br />nonliability. <br />(a) Owner/Operator's duty to notify. <br />termination of business. <br />ii. Sale assignment or transfer of business. A medicinal cannabis retail <br />business owner/operator who is selling, assigning, or otherwise transferring <br />75A-19 <br />
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