NS-3091 - Zoning Regulation for Smoke Shops

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finding that a smoke shop operator is not in compliance with this section or the specific conditions of the Conditional Use Permit, that finding may be used as a basis for amending or revoking the Conditional Use Permit, pursuant to Section 41-651 this Code. ` i. If a smoke shop is determined to be out of compliance with its Conditions of Approval, the person or entity acting as the smoke shop operator shall be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of this Code, as set by City Council resolution. The fine structure shall consist of progressively higher fines for violations occurring within one year of a prior violation. In addition, upon a fourth violation being upheld within a three (3) year period of the first violation, the Conditional Use Permit for the business may be subject to revocation. Fines shall be levied in accordance with the Miscellaneous Fee Schedule. Sec. 41-2412. - Existing Smoke Shops. Smoke shops that are in existence upon the effective date of this article and that do not have a conditional use permit to operate shall have six (6) months from the effective date of this article to comply with the standards in Section 41-2411 of this Article. Sec. 41-2413. -Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of the regulated smoke shop uses. Such uses must comply with any and all applicable regulations imposed in other articles of Chapter 41 of this Code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail. Section 16. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 17. The City Council of the City of Santa Ana hereby adopts an ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code pertaining to smoke shop establishments. This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated March 3, 2026, and exhibits attached thereto; and the public testimony, all which are incorporated herein by reference. Ordinance No. NS-3091 Page 14 of 15