Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates

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Ordinance No. NS-XXX Page 55 of 73 B. Suspension or revocation. When the chief of police finds that any person holding a regulatory safety permit under the provisions of this chapter 18 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the regulatory safety permit as set forth in article XIII of this chapter 18, s/he may revoke or suspend the permit. No such revocation shall become effective until the regulatory safety permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provisions or of Chapter 3. If a timely appeal is filed, the revocation shall be effective only upon decision of the city council. Otherwise, the revocation shall become effective after the timely appeal period has passed. Sec. 40-112. Transfer of ownership. A. Upon the transfer of any interest in a collective/cooperative, the regulatory safety permit shall be null and void. Any person, firm or entity desiring to own or operate the collective/cooperative shall make a new application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses, post all required security deposits, acquire all necessary, certificates, permits or other licenses allowing the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. A fee as established by resolution of the city council shall be payable for each such application involving transfer of any interest in an existing collective/cooperative. The provisions of section 18-617.1 and 18-617.2 shall apply to any person, firm, or entity applying for a regulatory safety permit for premises previously used as such establishment. B. Any such transfer of any interest in an existing collective/cooperative or any application for an extension or expansion of the building or other place of business of the collective/cooperative shall require inspection and compliance with section 18- 618. C. The owner or operator of a collective/cooperative shall be responsible for notifying the city of any intention to rename, change management, or convey the business to another person/entity. Notification to the city must be made a minimum of sixty (60) days prior to such transfer. Section 8. Section 21-127 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-127. - Marijuana collectives/cooperatives—Annual business license tax assessment. (a) Annual business license tax assessment for marijuana collectives/cooperatives. Exhibit 1