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75A - ORD AMENDMENT NO. 2017-01 AMEND SECTIONS OF CH 18 AND 21
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75A - ORD AMENDMENT NO. 2017-01 AMEND SECTIONS OF CH 18 AND 21
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6/19/2017 8:52:00 AM
Creation date
6/15/2017 4:28:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
6/20/2017
Destruction Year
2022
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(f) <br />marijuana er .. ebile diSPGRsaries WithiR the city. A permitted medical marijuana <br />dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical <br />marijuana delivery services by dispensaries possessing regulatory safety permits must <br />comply with Business and Professions Code §19340. Delivery of cannabis from a <br />dispensary permitted pursuant to this Chapter can only be made in a city or county that <br />does not expressly prohibit it by ordinance. Delivery services by dispensaries not in <br />possession of regulatory safety permits is expressly prohibited. <br />Section 9: Section 18-621 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is <br />hereby amended to read in full as follows: <br />Sec. 18-621. - Violation and enforcement. <br />A. Violation/enforcement. <br />Each and every violation of this article shall constitute a separate violation and shall <br />be subject to all remedies and enforcement measures authorized by this Code. <br />Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive <br />relief, revocation of the collective's registration, revocation of the certificate of occupancy <br />for the location, disgorgement and payment to the city of any and all monies unlawfully <br />obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or <br />remedy available at law or equity. The city may also pursue any and all remedies and <br />actions available and applicable under local and state laws for any violations committed by <br />the collective and persons related or associated with the collective. <br />B. Suspension or revocation. <br />When the Chief of Police finds that any person holding a regulatory safety permit <br />under the provisions of Chapter 18 has violated the provisions of this chapter or is found <br />guilty of conduct which would form the basis of denial of the regulatory safety permit as set <br />forth in Article XIII of Chapter 18, s/he may revoke or suspend the permit. No such <br />revocation shall become effective until the regulatory safety permit holder has been <br />notified in writing by certified mail of the right to appeal the revocation decision pursuant to <br />the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be <br />effective only upon decision of the city council. Otherwise, the revocation shall become <br />effective after the timely appeal period has passed. <br />Section 10: Section 18-622 of Article XIII of Chapter 18 of the Santa Ana Municipal Code <br />is hereby added to read in full as follows: <br />Sec. 18-622. — Transfer of Ownership. <br />A. Upon the transfer of any interest in a collective/cooperative, the regulatory safety permit <br />shall be null and void. Any person, firm or entity desiring to own or operate the <br />collective/cooperative shall make a new application. Prior to or concurrent with the <br />submission of said application the transferee shall obtain all required business licenses, <br />Ordinance No. NS-XXXX <br />75A-14 Page 10 <br />
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