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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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Resolution No. 2022-XXX <br />Page 2 of 5 <br /> <br />funds for protecting vital City services and facilities and places such businesses on more <br />equal footing with existing City businesses, including medical marijuana businesses. <br /> <br />F. The City Council is authorized to impose general and special taxes in order <br />to fund municipal services and facilities, subject to requisite voter approval as set forth in <br />Government Code section 53720 et seq. <br /> <br />G. The voters of the City of Santa Ana approved Measure Y (Ordinance No. <br />NS-2962) on November 6, 2018, for the purpose of fixing the rate of taxation for <br />commercial cannabis businesses including delivery, distribution, manufacturing, <br />cultivation, testing and retail sales of cannabis and related products. The taxes required <br />to be paid under this article are declared to be required pursuant to the taxing power of <br />the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory <br />permit fees. <br /> <br />H. On September 3, 2019, the City Council adopted Ordinance No. NS-2972 <br />amending certain sections of chapters 21 of the Santa Ana Municipal Code allowing <br />vertical and horizontal integration of cannabis businesses; updating ownership transfers <br />procedural standards and requirements, security deposits, and various administrative <br />processes; updating and streamlining regulatory components; reducing cannabis testing <br />taxes to greater amount of one (1%) percent of gross receipts or $1.50 per square foot; <br />and adopting a canopy measurement and square footage allocation service fee. <br /> <br />I. The City of Santa Ana desires to remain at the forefront of commercial <br />cannabis by allowing and regulating commercial cannabis business activities, routinely <br />updating and amending its ordinances, and establishing commercial cannabis gross <br />receipts tax rates that are competitive and provide for the needs of the Santa Ana <br />community. <br /> <br />J. The City of Santa Ana has a compelling interest in ensuring that cannabis <br />is not sold in an illicit manner, in protecting the public health, safety and welfare of its <br />residents and businesses, in preserving the peace and quiet of the neighborhoods in <br />which these businesses may operate, and in providing access to safe and tested <br />cannabis to residents. To ensure safe and tested cannabis, the City desires to see the <br />establishment and successful operation of cultivation, distribution, and manufacturing <br />(including shared manufacturing and microbusiness) facilities in the City. <br /> <br />K. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal <br />Code establishes initial and current commercial cannabis gross receipts tax and square <br />footage tax rates by reference to the authorizing ordinances and resolutions, the content <br />of which are presented in condensed tabular format as follows: <br /> <br /> <br />
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