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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
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 16 of 73 <br /> <br /> <br />(a) No non-retail commercial cannabis business shall be located within one thousand <br />(1,000) feet of any: <br />(1) School (K-12) as defined by Section 11362.768 of the Health and Safety Code; or <br />(2) Park; or <br />(3) Existing Residential zones in place on November 4, 2014. <br />Sec. 40-8. General provisions for commercial cannabis activities in the City of <br />Santa Ana. <br />1. Regulatory Safety Permit Required. <br />(a) Each commercial cannabis business shall obtain a Regulatory Safety Permit (RSP) <br />specific to the business activity or activities defined by the State pertaining to that <br />activity. The only allowed current activity types pursuant to this article are for <br />commercial cannabis retail sales and cultivation, distribution, manufacturing, and <br />testing laboratories/facilities. Co-location is permitted pursuant to Section 40-9. <br />(b) It shall be unlawful for any person, as defined by this ordinance, to engage in, conduct <br />or carry on, in or upon any premises within the City of Santa Ana any commercial <br />cannabis business without a RSP. A commercial cannabis business shall register and <br />obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall <br />pay an annual non-refundable application fee in an amount established by the City <br />Council. <br />(c) A copy of the RSP shall be displayed at all times in a place visible to the public. <br />(d) A RSP shall be valid for a period of one (1) year from the date of issuance, unless <br />sooner revoked. No permit granted herein shall confer any vested right to any person <br />or business for more than the above-referenced period. <br />2. Maintenance of Records and Reporting. All records shall be maintained by the <br />commercial cannabis business for a period of five (5) years and shall be made <br />available by the commercial cannabis business to an authorized City of Santa Ana <br />representative upon request. If they are not produced as requested, the City may seek <br />a search warrant, subpoena, or court order. In addition to all other formats that the <br />commercial cannabis business may maintain, these records shall be stored by the <br />business at the location in a printed format in a fireproof safe or filing cabinet. Any <br />loss, damage or destruction of the records shall be reported to the Police Department <br />within twenty-four (24) hours of the loss, destruction or damage. <br />(a) The business shall obtain and maintain a valid Seller's Permit from the California <br />Department of Tax and Fee Administration (CDTFA). <br />Exhibit 1
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