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55D - RESO - MEDICAL MARIJUANA REGULATION
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55D - RESO - MEDICAL MARIJUANA REGULATION
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Last modified
6/18/2015 9:36:40 AM
Creation date
6/12/2014 4:53:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
55D
Date
6/17/2014
Destruction Year
2019
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55D - RESO - MEDICAL MARIJUANA REGULATION
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\Agenda Packets / Staff Reports\City Council (2004 - Present)\2014\07/01/2014
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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 />Sec. 21 -128. Effect of state and federal reference /authorization. <br />Unless specifically provided otherwise, any reference to a State or Federal <br />statute in this article or Chapter shall mean such statute as it may be amended from <br />time to time, provided that such reference to a statute herein shall not include any <br />subsequent amendment thereto, or to any subsequent change of interpretation thereto <br />by a State or Federal agency or court of law with the duty to interpret such law, to the <br />extent that such amendment or change of interpretation would require voter approval <br />under California law, or to the extent that such change would result in a tax decrease <br />(as a result of excluding all or a part of a utility service, or charge therefor, from <br />taxation). Only to the extent voter approval would otherwise be required or a tax <br />decrease would result, the prior version of the statute (or interpretation) shall remain <br />applicable; for any application or situation that would not require voter approval or result <br />in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be <br />applicable to the maximum possible extent. <br />To the extent that the City's authorization to collect or impose any tax imposed <br />under this article is expanded or limited as a result of changes in State or Federal law, <br />no amendment or modification of this article shall be required to conform the tax to <br />those changes, and the tax shall be imposed and collected to the full extent of the <br />authorization up to the full amount of the tax imposed under this article. <br />Sec. 21 -129. Violation deemed misdemeanor - penalty. <br />Any person violating any of the provisions of this article or any regulation or rule <br />passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon <br />conviction thereof shall be punishable by a fine of not more than five hundred dollars or <br />by imprisonment for a period of not more than six months, or by both such fine and <br />imprisonment. <br />Sec. 21 -130. Severability. <br />Should any provision of this article, or its application to any person or <br />circumstance, be determined by a court of competent jurisdiction to be unlawful, <br />unenforceable or otherwise void, that determination shall have no effect on any other <br />provision of this article or Chapter or the application of this article or Chapter to any <br />other person or circumstance and, to that end, the provisions hereof are severable. <br />SECTION 6. This is a City Council sponsored initiative ordinance that shall only <br />be amended by the Voters of the City of Santa Ana and cannot be amended by the <br />Santa Ana City Council except as specifically provided within the ordinance or in this <br />Section 6. The City Council reserves the right and authority to amend the ordinance at <br />any time after a State or Federal law is enacted which requires amendments in order for <br />17 <br />55D -25 <br />
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