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75B - PH COMMERCIAL CANNIBIS
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75B - PH COMMERCIAL CANNIBIS
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10/12/2017 8:21:47 PM
Creation date
10/12/2017 8:12:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75B
Date
10/17/2017
Destruction Year
2022
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location of any commercial cannabis business and the recordings and records <br />maintained as required by this article, except that the inspection and copying of private <br />medical records shall be made available to the police department only pursuant to a <br />properly executed search warrant, subpoena, or court order. It is unlawful for any <br />owner, responsible person, landlord, lessee, member including but not limited to a <br />member engaged in the management), or any other person having any responsibility <br />over the operation of the commercial cannabis business to refuse to allow, impede, <br />obstruct or interfere with an inspection, review or copying of records and closed- circuit <br />monitoring authorized and required under this article, including but not limited to, the <br />concealment, destruction, and falsification of any recordings, records, or monitoring. <br />Section 40-11. Violation and enforcement. <br />1. Viol atioWenforcement. <br />Each and every violation of this article shall constitute a separate violation and shall be <br />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 <br />injunctive relief, revocation of the commercial cannabis business registration, revocation <br />of the certificate of occupancy for the location, disgorgement and payment to the City of <br />any and all monies unlawfully obtained, costs of abatement, costs of investigation, <br />attorney fees, and any other relief or remedy available at law or equity. The City may <br />also pursue any and all remedies and actions available and applicable under local and <br />State laws for any violations committed by the commercial cannabis business and <br />persons related or associated with the business. <br />2. Suspension or revocation. <br />When an authorized City of Santa Ana representative finds that any person holding a <br />regulatory safety permit under the provisions of Chapter 40 has violated the provisions <br />of this chapter or is found guilty of conduct which would form the basis of denial of the <br />regulatory safety permit as set forth in Article XIII of Chapter 18, s/he may revoke or <br />suspend the permit. No such revocation shall become effective until the regulatory <br />safety permit holder has been notified in writing by certified mail of the right to appeal <br />the revocation decision pursuant to the provisions or Chapter 3 of this Code. If a timely <br />appeal is filed, the revocation shall be effective only upon decision of the City Council. <br />Otherwise, the revocation shall become effective after the timely appeal period has <br />passed. <br />Section 40-12. Transfer of Ownership. <br />1. Upon the transfer of any interest in a commercial cannabis business, the regulatory <br />safety permit shall be null and void. Any person, firm or entity desiring to own <br />operate the commercial cannabis business shall make a new application. Prior to or <br />Ordinance No. NS -XXX <br />Page 24 of 27 <br />75B-30 <br />
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