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NS-2864 - CITY MMD
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NS-2864 - CITY MMD
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Last modified
3/7/2017 3:10:01 PM
Creation date
12/24/2014 11:05:27 AM
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City Clerk
Doc Type
Resolution
Date
12/9/2014
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The business license issued to Marijuana Collectives /Cooperatives shall be <br />classed as a gross receipts assessment type, issued for the same term of license as set <br />forth in Section 21 -71 (c) and shall be subject to renewal in accordance with Sections <br />21- 72(c), 21- 73(c), and 21 -77 of this Chapter. <br />(k) Operative Date. <br />Upon the approval by the majority of the voters of the City of Santa Ana 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 />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 />Only to the extent voter approval would otherwise be required or a tax decrease would <br />result, the prior version of the statute (or interpretation) shall remain applicable; for any <br />application or situation that would not require voter approval or result in a decrease of a <br />tax, provisions of the amended statute (or new interpretation) shall be applicable to the <br />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 the maximum penalties provided for in Penal <br />Code section 19. <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 />Ordinance No. NS -2864 <br />Page 17 of 19 <br />
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