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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 54 of 73 <br /> <br /> <br />or any part thereof in any location, indoor or outdoor, except as allowed and <br />regulated in Chapter 40 of the Santa Ana Municipal Code. A public nuisance <br />may be deemed to exist, if such activity produces: <br />(1) Odors which are disturbing to people of reasonable sensitivity residing or <br />present on adjacent or nearby property or areas open to the public; <br />(2) Repeated responses to the parcel by law enforcement personnel; <br />(3) A repeated disruption to the free passage of persons or vehicles in the <br />neighborhood, excessive noise which is disturbing to people of normal <br />sensitivity on adjacent or nearby property or areas open to the public; <br />(4) Any other impacts on the neighborhood which are disruptive of normal <br />activity in the area including, but not limited to, grow lighting visible outside <br />the dwelling, excessive vehicular traffic or parking occurring at or near the <br />dwelling, and excessive noise emanating from the dwelling. <br />(5) Outdoor and Commercial growing and cultivation of marijuana, except as <br />allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. <br />(f) A permitted medical marijuana dispensary may deliver medical marijuana only to a <br />qualified patient or caregiver. Medical marijuana delivery services by dispensaries <br />possessing regulatory safety permits must comply with Business and Professions <br />Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this <br />Chapter can only be made in a city or county that does not expressly prohibit it by <br />ordinance. Delivery services by dispensaries not in possession of regulatory safety <br />permits is expressly prohibited. <br />(g) Non-Retail Commercial Cannabis Businesses for Medicinal and Adult-Use Cannabis <br />as defined in Chapters 18 and 40 of the Article I of Chapter 40 of the Santa Ana <br />Municipal Code (SAMC) are permitted subject to the regulations and standards <br />contained within Chapter 40 of the SAMC. <br />Sec. 40-111. Violation and enforcement. <br />A. 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 collective's registration, <br />revocation of the certificate of occupancy for the location, disgorgement and payment <br />to the city of any and all monies unlawfully obtained, costs of abatement, costs of <br />investigation, attorney fees, and any other relief or remedy available at law or equity. <br />The city may also pursue any and all remedies and actions available and applicable <br />under local and state laws for any violations committed by the collective and persons <br />related or associated with the collective. <br />Exhibit 1
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