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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Agenda Packet
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Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 15 of 73 <br /> <br /> <br />(a) Relocation of an existing or pending medical marijuana collective, medical marijuana <br />cooperative, and/or adult-use cannabis retail business as defined in this Chapter is <br />permitted within the City of Santa Ana subject to the following: <br />(1) The medical marijuana collective, medical marijuana cooperative, and/or adult-use <br />cannabis retail business must hold a valid RSP, business license, and the <br />appropriate State commercial cannabis license, or be on a selected or eligible list <br />with a pending RSP; <br />(2) The existing RSP holder and existing location must be in good standing, including <br />but not limited to full compliance with all requirements of the Santa Ana Municipal <br />Code, no active code enforcement and/or building safety violations, violations of <br />regulations imposed by the State of California and County of Orange, and have no <br />outstanding business license fees and taxes, except those subject to and <br />performing under a Finance and Management Services Agency approved <br />payment plan agreement. <br />(3) The proposed new location of the medical marijuana collective, medical marijuana <br />cooperative, and/or adult-use cannabis retail business is in full compliance with the <br />zoning and separation requirements for commercial cannabis retail businesses as <br />outlined in Sections 40-5 and 40-6 of the Santa Ana Municipal Code. <br />(4) The proposed new location of the medical marijuana collective, medical marijuana <br />cooperative, and/or adult-use cannabis retail business must comply with <br />separation requirements of this Chapter except that the proposed new location <br />must also satisfy said separation requirements from any location identified on the <br />Qualified Registration Applicant List (“Waitlist”), as defined in Section 40-107.1 . <br />(b) Every medical marijuana collective, medical marijuana cooperative, and/or adult-use <br />cannabis retail business wishing to relocate shall be required to concurrently: (1) File <br />an application for an RSP and (2) Submit all required construction plans for plan check <br />by the City, subject to the requirements of this Chapter and other applicable chapters <br />of the Santa Ana Municipal Code, and open within 180 days of construction permit <br />issuance. An extension may be issued for a period of time as may be reasonably <br />required to affect upgrades, modifications, repairs, or other property issue mitigations <br />as approved by the Director of Planning and Building or his or her designee. <br />(c) Upon issuance of the RSP for the new location, the previous location’s RSP and <br />certificate of occupancy immediately becomes null and void and the location must <br />cease to operate. <br />(d) Within 60 days of issuance of the RSP for the new location, the applicant must provide <br />the City documentation demonstrating that any State-issued commercial cannabis <br />retailer license associated with the previous location has been cancelled, rescinded, <br />or updated to reflect the new location. <br />Exhibit 1
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