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Ordinance No. NS-XXX <br />Page 5 of 66 <br /> <br /> <br />C. The Commercial Cannabis Operating Agreement shall be a legally binding written <br />agreement between each commercial cannabis business operator and the City, <br />executed by the City Manager, or his or her designee, and in a form and substance <br />satisfactory to the Executive Director of Planning and Building and the City Attorney, <br />and containing those provisions necessary to ensure that the requirements of this <br />article are satisfied. A distinct Commercial Cannabis Operating Agreement shall be <br />required for each location of a commercial cannabis business activity taking place at <br />an approved Commercial Cannabis Business Community Benefits, Sustainable <br />Business Practices, and Social Equity Plan Required. <br />1. Effective January 1, 2024, all commercial cannabis businesses operating in the <br />City shall be required to provide community benefits through a Community <br />Benefits, Sustainable Business Practices, and Social Equity Plan (“Plan”) that <br />promotes health and sustainability of the community in a format acceptable by the <br />Executive Director of the Planning and Building Agency or his or her designee as <br />reviewed and verified from time to time as a component of issuance of a regulatory <br />safety permit (RSP). By January 1, 2025, all such Plans shall contain provisions <br />for social equity obligations, as per the approved format established by the City. <br />2. The Plan shall document each of the business’s commitment to local hiring, local <br />sourcing, community engagement and contributions, sustainable business <br />practices, and consideration of social equity goals through paying prevailing <br />wages, hiring from disadvantaged communities, supporting local non-profit <br />organizations (NPOs), and job and skills training. The Plan shall quantify the value <br />of each commitment therein. <br />3. Documentation of fulfillment of the aforementioned Plan shall be submitted to the <br />Code Enforcement Division on an annual basis, including as part of a renewal <br />application for an RSP during the annual renewal process. Said documentation <br />shall detail said business’s satisfaction of its commitments and shall be evaluated <br />for satisfaction by the Executive Director of the Planning and Building Agency or <br />his or her designee. Failure to provide the requested documentation shall result in <br />a suspension or revocation of an RSP, delay or denial of an RSP renewal <br />application, as applicable. <br />4. The Planning and Building Agency may enforce these provisions pursuant to <br />Section 40-12 of this Chapter, including issuance of warnings, citations, and fines <br />as authorized by the Santa Ana Municipal Code, and suspension and revocation, <br />to enforce the commitments in each Plan. <br />Sec. 40-2. Definitions. <br />The definitions are incorporated herein as fully set forth and are applicable to this article. <br />All definitions are intended to comply with those set forth by the State of California for all <br />commercial cannabis business activities.