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Item 22 - Ordinance Second Reading - Commercial Cannabis Amendments
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Item 22 - Ordinance Second Reading - Commercial Cannabis Amendments
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8/14/2023 12:31:46 PM
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Agenda Packet
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Clerk of the Council
Item #
22
Date
10/4/2022
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Ordinance No. NS-XXX <br />Page 29 of 68 <br /> <br /> <br />m. Access to the temporary consumption and/or special event shall be restricted <br />to persons twenty-one (21) years of age or older. <br />n. The consumption or smoking of cannabis products shall not be visible from any <br />public right-of-way or area where minors may be present. If the temporary <br />consumption event takes place in an outdoor area, the outdoor area shall be <br />oriented to eliminate visibility from any adjacent public place, public right-of- <br />way, area where minors may be present, or adjacent business, tenant space, <br />or building, and shall be oriented to minimize odor intrusion onto adjacent <br />tenant spaces and properties. <br />o. All events shall be required to provide an air treatment system that ensures off- <br />site odors shall not result from its operations. The site shall be designed to <br />provide sufficient odor absorbing ventilation and exhaust systems so that any <br />odor generated inside the location is not detected outside the building, in any <br />adjacent tenant suites, on adjacent properties or public rights-of-way, or within <br />any other unit located within the same building as the facility if the use occupies <br />only a portion of a building. Outdoor smoking, including vaping and the use of <br />other electronic inhalation devices, must take place within ventilated <br />enclosures subject to the satisfaction of the Planning and Building Agency and <br />Orange County Fire Authority. <br />p. Odor control response. <br />i. Odors from a temporary consumption event are identified as a public <br />nuisance pursuant to the Santa Ana Municipal Code. The City may pursue <br />all administrative, civil, and criminal remedies available in relation to any <br />nuisance determined to exist with respect to the operation of a consumption <br />lounge in violation of this Chapter. <br />ii. Upon receipt of any complaint concerning odors emanating from or <br />originating at the temporary consumption event, the Planning and Building <br />Agency may suspend or revoke the LUC. <br />q. All temporary consumption events shall be equipped with point-of-sale or <br />similar equipment to distinguish sales of products made for onsite consumption <br />from sales of retail products for offsite consumption. <br />Sec. 40-9. Commercial cannabis selection process. <br />1. Commercial Cannabis — Registration Application and Regulatory Safety Permit <br />Required. <br />a. For applicants prior to January 1, 2018: Existing medicinal cannabis business <br />operators, or those with pending applications for a medicinal RSP, who desire to <br />operate an adult cannabis retail business shall apply for the cannabis Regulatory <br />Safety Permit ("RSP") on or before December 14, 2017. The Director of Planning
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