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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 36 of 73 <br /> <br /> <br />but not limited to, the concealment, destruction, and falsification of any recordings, <br />records, or monitoring. <br />Sec. 40-12. Violation and enforcement. <br />1. Violation/enforcement. Each and every violation of this article shall constitute a <br />separate violation and shall be subject to all remedies and enforcement measures <br />authorized by this Code. Additionally, as a nuisance per se, any violation of this article <br />shall be subject to injunctive relief, revocation of the commercial cannabis business <br />Regulatory Safety Permit, revocation of the certificate of occupancy for the location, <br />disgorgement and payment to the City of any and all monies unlawfully obtained, costs <br />of abatement, costs of investigation, attorney fees, and any other relief or remedy <br />available at law or equity. The City may also pursue any and all remedies and actions <br />available and applicable under local and State laws for any violations committed by <br />the commercial cannabis business and persons related or associated with the <br />business. <br />2. Suspension or revocation. When an authorized City of Santa Ana representative finds <br />that any person holding a Regulatory Safety Permit under the provisions of Chapter <br />40 has violated the provisions of this chapter or is found guilty of conduct which would <br />form the basis of denial of the Regulatory Safety Permit as set forth in Article XIII of <br />this Chapter 18, s/he may revoke or suspend the permit. No such revocation shall <br />become effective until the Regulatory Safety Permit holder has been notified in writing <br />by certified mail of the right to appeal the revocation decision pursuant to the <br />provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be <br />effective only upon decision of a hearing officer as provided for in Chapter 3 of the <br />Santa Ana Municipal Code. Otherwise, the revocation shall become effective after the <br />timely appeal period has passed. <br />3. State License Suspension/Revocation. Revocation or suspension of a Licensee's <br />State issued commercial cannabis business permit or license by the State shall <br />constitute a violation of this article and result in revocation of the Licensee's RSP. <br />Sec. 40-13. Transfer of ownership. <br />1. Upon the transfer of any interest in a commercial cannabis business, the Regulatory <br />Safety Permit shall be null and void. Any person, firm or entity desiring to own and <br />operate the commercial cannabis business shall make a new Regulatory Safety <br />Permit application. Prior to or concurrent with the submission of said application the <br />transferee shall obtain all required business licenses, post all required security <br />deposits, acquire all necessary, certificates, permits or other licenses allowing the <br />doing of any act which the person paying or holding the same would not otherwise be <br />entitled to do; and any permit, license, variance or other instrument of approval or <br />evidence that any conditions exist as required by any other section of this Code or by <br />any statute or code provisions of the state must first be obtained or complied with <br />Exhibit 1
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