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75E-1 - PH AMND MUNI CODE MARIJUANA
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75E-1 - PH AMND MUNI CODE MARIJUANA
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11/2/2017 4:50:30 PM
Creation date
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E-1
Date
11/7/2017
Destruction Year
2022
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to the provisions of this chapter and failure to send such notice or bill shall <br />not affect the validity of any tax or penalty due under the provisions of this <br />chapter. <br />(h) Payment of tax does not authorize unlawful business. <br />(1) The payment of a business tax required by this article, and its <br />acceptance by the city, shall not entitle any person to carry on any <br />collective/cooperative unless the person has complied with all of <br />the requirements of this code and all other applicable laws, nor to <br />carry on any collective/cooperative in any building or on any <br />premises in the event that such building or premises are situated in <br />a zone or locality in which the conduct of such <br />collective/cooperative is in violation of any law. <br />(2) No tax paid under the provisions of this article shall be construed as <br />authorizing the conduct or continuance of any illegal or unlawful <br />business, or any legal business in an illegal manner, or any <br />business in violation of any ordinance of the city. Nothing in this <br />article implies or authorizes that any activity connected with the <br />distribution or possession of marijuana is legal unless otherwise <br />authorized and allowed by California and federal law. Nothing in <br />this section shall be applied or construed as authorizing the sale of <br />marijuana. <br />(i) Business license tax certificate—Required. There are imposed upon all <br />persons engaged in transacting and carrying on any collective/cooperative <br />business activity in the city taxes in the amounts prescribed in this article. <br />It shall be unlawful for any person, either for him or herself or for any other <br />person, to commence, transact or carry on any business in the city without <br />first having procured a business license from the city under this chapter <br />and having paid the taxes set forth in this article, and without complying <br />with any and all applicable provisions contained in this chapter. The <br />carrying on of any collective/cooperative without complying with all the <br />provisions of this article shall constitute a separate violation of this chapter <br />for each and every day that such collective/cooperative is so carried on. <br />(j) Classification of business license assessment type—Term and renewal. <br />The business license issued to marijuana collectives/cooperatives shall be <br />classed as a gross receipts assessment type, issued for the same term of <br />license as set forth in subsection 21-71(c) and shall be subject to renewal <br />in accordance with sections 21-72(c), 21-73(c), and 21-77 of this chapter. <br />(k) Operative date. Upon the approval by the majority of the voters of the City <br />of Santa Ana at the November 4, 2014 general election, the taxes <br />Ordinance No. NS -XXX <br />Page 18 of 20 <br />75E-1-22 <br />
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