55D - RESO - MEDICAL MARIJUANA REGULATION

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Upon the approval by the majority of the voters of the City of Santa Ana at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all Marijuana Coll ectives /Cooperatives. Sec. 21 -128. Effect of state and federal reference /authorization. Unless specifically provided otherwise, any reference to a State or Federal statute in this article or Chapter shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a State or Federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease. Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the City's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in State or Federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. Sec. 21 -129. Violation deemed misdemeanor - penalty. Any person violating any of the provisions of this article or any regulation or rule passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in Penal Code section 19.—by a fine Of Rat FnGF., thAR fi -P a`upelFed dGlla -5 OF by iFR ...:.............t r..- Sec. 21 -130. Severability. Should any provision of this article, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or Chapter or the application of this article or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 6. Council to Make Future Amendments to Voter Approved Ordinance. This is a City Council sponsored initiative ordinance t6i. t�s.,a,��" which traditionally would only be subiect to amendmented by the Voters of the City of Santa Ana. However, pursuant to Section 9217 cW the California Elections Code the and Gannet be amended by the Santa Ana City Council except as speGifiGally pFevided within the GFdinanee eF in this SeGtlen 6. The City Council reserves the right and 55394.00000 \8922745.1 19 55D -25