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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
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35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 22 of 73 <br /> <br /> <br />(l) Shipments of cannabis goods may only be accepted during regular business <br />hours. <br />(m)Inventory shall be secured using a lockable storage system during non-business <br />hours. <br />(n) No cannabis product shall be visible from the exterior of the business. <br />(o) All required labelling shall be maintained on all product, as required by State law, <br />at all times. <br />(p) Educational tours of adult-use retail cannabis businesses shall be allowed. <br />(q) A permitted commercial cannabis retail business shall have one hundred eighty <br />(180) days after construction permit issuance by the City of Santa Ana to operate. <br />A permitted commercial cannabis retail business that ceases to operate for more <br />than ninety (90) calendar days shall be deemed "abandoned" and the permit shall <br />be forfeited. A permitted commercial cannabis business may temporarily suspend <br />operations for a period of time as may be reasonably required to affect upgrades, <br />modifications, repairs, or other property issue mitigations as approved by the <br />Director of Planning and Building or his or her designee. For the purposes of this <br />section, "operate" shall mean that the gross receipts fees charged for the business <br />exceed the fee per square foot calculations by the end of the one hundred eighty <br />(180) day period. A pending commercial cannabis retail business shall be required <br />to concurrently: (1) File an application for an RSP and (2) Submit all required <br />construction plans for plan check by the City by December 31, 2022, subject to the <br />requirements of this Chapter and other applicable chapters of the Santa Ana <br />Municipal Code, and open within 180 days of construction permit issuance. An <br />extension may be issued for a period of time as may be reasonably required to <br />affect upgrades, modifications, repairs, or other property issue mitigations as <br />approved by the Director of Planning and Building or his or her designee. Failure <br />to submit a completed RSP application satisfy these requirements by that deadline <br />will disqualify the applicant from the RSP Eligibility List and the Waitlist described <br />in subsection (d). Relocation is permitted pursuant to Section 40-7 of this Chapter. <br />(r) A licensee that is authorized to make retail sales may donate cannabis or cannabis <br />products and the use of equipment in compliance with any State compassionate <br />use, equity, or other similar program in accordance with Section 26071 to the <br />Business and Professions Code. <br />5. Additional Operational Standards for Commercial Cannabis Retail Delivery Services. <br />(a) Commercial cannabis retail deliveries may be made only from a commercial <br />cannabis retail business permitted by the City in compliance with this article, and <br />in compliance with all State regulations. <br />Exhibit 1
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