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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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City Clerk
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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 27 of 73 <br /> <br /> <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. <br />v. All consumption lounges shall be equipped with point-of-sale or similar <br />equipment to distinguish sales of products made for onsite consumption <br />from sales of retail products for offsite consumption. <br />11. Additional Operational Standards for Temporary Consumption and/or Special Events. <br />(a) Inspections by an authorized City of Santa Ana representative may be <br />conducted anytime during the event. <br />(b) Up to six (6) temporary consumption and/or special events are permitted per <br />calendar year as an ancillary use to a commercial cannabis medicinal or adult- <br />use retail business subject to review and approval of a Land Use Certificate <br />(LUC), pursuant to Section 41-675 through 41-677 of the Santa Ana Municipal <br />Code, and verification of any applicable required valid business licenses <br />required pursuant to Chapter 21, Articles XII and XIII of this Code. <br />(c) Once the sixth (6th) LUC application for a temporary consumption and/or <br />special event is received per calendar year, the City shall stop accepting <br />Exhibit 1
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