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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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8/16/2023 8:31:34 AM
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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 47 of 73 <br /> <br /> <br />by that deadline will disqualify the applicant from the RSP Eligibility List and the <br />Waitlist described in subsection (d). Relocation is permitted pursuant to Section 40-7 <br />of this Chapter. <br />(d) Qualified Registration Applicants will appear on the "Qualified Registration Applicant <br />List" in the order that they are selected during the independent selection process <br />(lottery). This list is the Waitlist. The Waitlist will become active if (1) an applicant on <br />the RSP Eligibility List is disqualified from that List; (2) a location appearing on the <br />RSP Eligibility List becomes available; or (3) a location not appearing on the RSP <br />eligibility list becomes available. A Qualified Registration Applicant's ability to move <br />from the Waitlist to the RSP Eligibility List is determined by the applicant's proposed <br />medical marijuana collective location and the applicant's position on the Waitlist. <br />(e) A Qualified Registration Applicant that moves from the Waitlist to the RSP Eligibility <br />List must submit a completed RSP application within three (3) months following <br />issuance of a written notice advising the applicant of that opportunity. Failure to submit <br />a completed RSP application by that deadline will disqualify the applicant from the <br />RSP Eligibility List and the Waitlist. <br />(f) The Director shall maintain the Waitlist and update it on an annual basis. A Qualified <br />Registration Applicant on that Waitlist must submit a written request each year to <br />maintain its status on the waitlist. The Director may place new applicants on the <br />Waitlist in the order in which the new registration applications are received. <br />(g) Upon the effective date of this Ordinance on July 1, 2022, the City shall terminate the <br />Waitlist by providing written notice to all individuals and/or entities on the Waitlist at <br />least 180 calendar days in advance of the Waitlist’s termination. The notice shall <br />contain details about each individual’s and/or entity’s position on the Waitlist and <br />information about any upcoming applications being accepted for new commercial <br />cannabis adult-use or medicinal retail selection processes as per the process outlined <br />in Section 40-9, subject to the processes and procedures promulgated in Article I of <br />this Chapter. No new medicinal retail applications shall be accepted following <br />termination of the Waitlist. <br />(h) In no event shall the City begin accepting applications for new commercial cannabis <br />retail businesses before the 180-day written notification to all affected individuals <br />and/or entities on the Waitlist. <br />(i) Upon termination of the Waitlist, any operating adult-use commercial cannabis retailer <br />with a valid RSP may also sell medicinal retail cannabis in full accordance with any <br />State licensing requirements. <br />(j) Relocation of an existing and licensed medical marijuana collective or medical <br />marijuana cooperative as defined in Article II of this Chapter that is operating in full <br />compliance with the provisions of this Article is permitted subject to Section 40-7 in <br />Article I of Chapter 40 of the Santa Ana Municipal Code. <br />Exhibit 1
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