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Item 25 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 25 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Agenda Packet
Agency
Clerk of the Council
Item #
25
Date
9/20/2022
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Ordinance No. NS-XXX <br />Page 27 of 66 <br /> <br /> <br />k. The consumption or smoking of cannabis products shall not be visible from any <br />public place, public right-of-way, or area where minors may be present. If the <br />consumption lounge contains an outdoor area, the outdoor area shall be <br />oriented so as to eliminate visibility from any adjacent public place, public right- <br />of-way, area where minors may be present, or adjacent business, tenant space, <br />or building. <br />l. Commercial cannabis consumption lounges shall be required to provide an air <br />treatment system that ensures off-site odors shall not result from its operations. <br />The facility shall be designed to provide sufficient odor absorbing ventilation <br />and exhaust systems so that any odor generated inside the location is not <br />detected outside the building, in any adjacent tenant suites, on adjacent <br />properties or public rights-of-way, or within any other unit located within the <br />same building as the facility if the use occupies only a portion of a building. <br />m. Odor control response. <br />i. Within twenty-four (24) hours of any complaint concerning odors emanating <br />from or originating at the facility, the operator shall respond to the complaint <br />in question and shall timely file a written disclosure to the Planning and <br />Building Agency documenting any and all actions taken and planned to <br />address the odor complaint(s). The City, upon determination of the <br />continued existing of detectable odor from the facility, may require an <br />operator to submit an implementation plan and/or a performance schedule, <br />above and beyond this written disclosure filed within twenty-four (24) hours, <br />to ensure the employment of measures to control the odor. <br />ii. The Executive Director of the Planning and Building Agency shall have the <br />authority to require an operator of a consumption lounge to amend any <br />implementation plan and/or performance schedule submitted pursuant to <br />this sub-section to cause compliance herewith. <br />iii. Any failure to timely submit a written disclosure, a more detailed <br />implementation plan and/or performance schedule or amendment thereto, <br />to timely adhere to terms of either, or to complete any required <br />improvements within the timeframe specified by the Executive Director of <br />the Planning and Building Agency shall be grounds for revocation of the <br />RSP. <br />iv. Odors from a consumption lounge are identified as a public nuisance <br />pursuant to the Santa Ana Municipal Code. The City may pursue all <br />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 sub-section.
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