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structure, and are engaged in interparty sales and/or transfers of goods. Horizontal <br />integration shall refer to cannabis businesses operating at the same point in the same <br />supply chain, as long as they share at least 80% underlying common ownership, <br />regardless of form of business structure, and are engaged in interparty sales and/or <br />transfers of goods. For purposes of this Article the term 'cannabis businesses" shall <br />include marijuana collectives/cooperatives as defined in section 18-611 and commercial <br />cannabis businesses as defined in section 40-2, but shall not include commercial <br />cannabis businesses engaged in testing facilities or testing laboratory businesses. <br />Section 7. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana <br />Municipal Code is hereby amended to read in full as follows: <br />Sec. 21-133. Commercial cannabis businesses —Annual business license tax <br />assessment. <br />Every person engaged in a 'commercial cannabis business" or `commercial <br />cannabis activity" shall pay an annual business license tax as outlined below. This Article <br />shall not apply, except with respect to medical marijuana cooperatives/collectives (also <br />referred to as medicinal cannabis retail businesses which are vertically and/or horizontally <br />integrated with commercial cannabis businesses, to medical marijuana <br />cooperatives/collectives which are governed by Article XI of this Chapter, or to personal <br />cultivation as defined in section 18-611(n) of this Code. <br />(a) For each branch establishment or separate property location of a commercial <br />cannabis business transacted and carried on in the city, and for each separate type <br />of commercial cannabis business conducted at the same location, the higher of the <br />two (2) following tax rates shall be due to the City for each monthly reporting period: <br />(1) Up to ten percent (10%) of each dollar of gross receipts received or <br />generated for each monthly reporting period. <br />(2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one - <br />twelfth (1/12th) of the annual tax rate amount. <br />(b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this <br />Chapter. <br />(c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council <br />may, in its discretion, at any time by resolution, implement any lower tax rate it <br />deems appropriate, and may by resolution increase such tax rate from time to time, <br />not to exceed the maximum rates established by subsection (a). <br />(d) As of the operative date of this Article, the business license gross receipts tax rates <br />and square footage tax rates application to specific commercial cannabis business <br />activities shall be established as follows: <br />Ordinance No. NS-2972 <br />Page 6 of 25 <br />