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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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Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 60 of 73 <br /> <br /> <br />(1) The payment of a business tax required by this article, and its acceptance by <br />the city, shall not entitle any person to carry on any collective/cooperative <br />unless the person has complied with all of the requirements of this Code and <br />all other applicable laws, nor to carry on any collective/cooperative in any <br />building or on any premises in the event that such building or premises are <br />situated in a zone or locality in which the conduct of such collective/cooperative <br />is in violation of any law. <br />(2) No tax paid under the provisions of this article shall be construed as authorizing <br />the conduct or continuance of any illegal or unlawful business, or any legal <br />business in an illegal manner, or any business in violation of any ordinance of <br />the city. Nothing in this article implies or authorizes that any activity connected <br />with the distribution or possession of marijuana is legal unless otherwise <br />authorized and allowed by California and federal law. Nothing in this section <br />shall be applied or construed as authorizing the sale of marijuana. <br />(i) Business license tax certificate—Required. There are imposed upon all persons <br />engaged in transacting and carrying on any collective/cooperative business activity in <br />the city taxes in the amounts prescribed in this article. It shall be unlawful for any <br />person, either for him or herself or for any other person, to commence, transact or <br />carry on any business in the city without first having procured a business license from <br />the city under this chapter and having paid the taxes set forth in this article, and without <br />complying with any and all applicable provisions contained in this chapter. The <br />carrying on of any collective/cooperative without complying with all the provisions of <br />this article shall constitute a separate violation of this chapter for each and every day <br />that such collective/cooperative is so carried on. <br />(j) Classification of business license assessment type—Term and renewal. The business <br />license issued to marijuana collectives/cooperatives shall be classed as a gross <br />receipts assessment type, issued for the same term of license as set forth in <br />subsection 21-71(c) and shall be subject to renewal in accordance with sections 21- <br />72(c), 21-73(c), and 21-77. <br />(k) Operative date. Upon the approval by the majority of the voters of the city at the <br />November 4, 2014 general election, the taxes imposed by this article shall become <br />operative and shall be applied by the collector upon all marijuana <br />collectives/cooperatives. <br />(l) Operative date of increased gross receipts tax rate. The gross receipts tax set initially <br />at a rate of five (5) percent pursuant to subsection (b)(1) shall be increased to a rate <br />of six (6) percent effective January 1, 2018, pursuant to subsection (b)(3). <br /> <br /> Section 9. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal <br />Code is hereby amended to read in full as follows: <br />Exhibit 1
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