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75E-2 - PH AMND ORD CREATE CH 40 MUNI CODE
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75E-2 - PH AMND ORD CREATE CH 40 MUNI CODE
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11/2/2017 5:17:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
75E-2
Date
11/7/2017
Destruction Year
2022
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the residents of the City of Santa Ana by establishing regulations necessary for a <br />commercial cannabis business to obtain and maintain a Regulatory Safety Permit. Any <br />commercial cannabis businesses operating in the City of Santa Ana shall at all times be <br />in compliance with current State Law and this article. All commercial cannabis facilities <br />shall operate in accordance with the regulations in this article and with the conditions of <br />approval associated with the applicable zone for the parcel of real property upon which <br />the commercial cannabis activities are conducted. Any commercial cannabis business <br />shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as <br />provided by this article and operate only in a zone in compliance with Santa Ana <br />Municipal Code before commencing with any commercial cannabis activity. Any <br />commercial cannabis business without a Regulatory Safety Permit is in violation of this <br />article. The regulations in this article, in compliance with the Compassionate Use Act, <br />the Medicinal Marijuana Program Act, SB 94, AB 133, Proposition 64, and the California <br />Health and Safety Code (collectively referred to as "State Law") do not interfere with the <br />right to use cannabis or medical cannabis as authorized under State Law, nor do they <br />criminalize the possession or commercial activities of cannabis or medical cannabis as <br />authorized under State Law. <br />Section 40-2. Definitions <br />The definitions are incorporated herein as fully set forth and are applicable to this article. <br />All definitions are intended to comply with those set forth by the State of California for all <br />commercial cannabis activities. <br />1. "Applicant' means a person who is required to file an application for a permit <br />under this article, including an individual owner, managing partner, officer of a <br />corporation, or any other operator, manager, employee, or agent of a commercial <br />cannabis business. <br />2. "Adult -use" means cannabis or cannabis products that are intended to be used <br />for non -medicinal purposes by a person 21 years of age or older. <br />3. "Authorized City of Santa Ana representative" any police officer, city <br />employee or agent of the city designated by the director of any city department <br />which has the authority and responsibility to enforce provisions as set forth in this <br />article. <br />4. "Business owner" means any of the following: <br />a. A person with an aggregate ownership interest of 20 percent or more in the <br />person applying for a license or a licensee, unless the interest is solely a <br />security, lien, or encumbrance. <br />b. The chief executive officer of a nonprofit or other entity. <br />c. A member of the board of directors of a nonprofit. <br />d. An individual who will be participating in the direction, control, or management <br />of the person applying for a license. <br />Ordinance No. NS -XXX <br />Page 3 of 28 <br />75E-2-37 <br />
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