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(8%) of the gross receipts generated or otherwise received. The monthly In -Lieu fee <br />shall not be less than Twenty-five Dollars ($25.00) per square foot of the non -medicinal <br />cannabis retail business prorated monthly at the rate of one -twelfth for each month or <br />fraction of a month. <br />B. Every commercial indoor cannabis cultivation business as the terms are defined in <br />Chapter 40 of the Santa Ana Municipal Code shall pay a monthly In -Lieu fee at a rate of <br />Eight Percent (8%) of the gross receipts generated or otherwise received. The monthly <br />In -Lieu fee shall not be less than Ten Dollars ($10.00) per square foot of the commercial <br />cannabis cultivation business prorated monthly at the rate of one -twelfth for each month <br />or fraction of a month. <br />C. Every commercial cannabis manufacturing business as the terms are defined in Chapter <br />40 of the Santa Ana Municipal Code shall pay a monthly In -Lieu fee at a rate of Eight <br />Percent (8%) of the gross receipts generated or otherwise received. The monthly In -Lieu <br />fee shall not be less than Ten Dollars ($10.00) per square foot of the commercial <br />cannabis manufacturing business prorated monthly at the rate of one -twelfth for each <br />month or fraction of a month. <br />D. Every commercial cannabis distribution business as the terms are defined in Chapter 40 <br />of the Santa Ana Municipal Code shall pay a monthly In -Lieu fee at a rate of Eight <br />Percent (8%) of the gross receipts generated or otherwise received. The monthly In -Lieu <br />fee shall not be less than Four Dollars ($4.00) per square foot of the commercial <br />cannabis distribution business prorated monthly at the rate of one -twelfth for each month <br />or fraction of a month. <br />E. Every commercial cannabis testing laboratory as the terms are defined in Chapter 40 of <br />the Santa Ana Municipal Code shall pay a monthly In -Lieu fee at a rate of Eight Percent <br />(8%). of the gross receipts generated or otherwise received. The monthly In -Lieu fee <br />shall not be less than Two Dollars ($2.00) per square foot of the commercial cannabis <br />testing laboratory prorated monthly at the rate of one -twelfth for each month or fraction <br />of a month. <br />F. The square footage referenced in Section 2(A) -(E) of this Agreement is based on the <br />gross square footage, at the rates specified above in subsections (A) -(E), for all <br />improvements owned, rented, leased or otherwise occupied, controlled, or used by the <br />commercial cannabis business at the permitted establishment or property location. <br />Square footage shall be calculated as follows: <br />Gross Square footage of every level of cannabis activity (including vertical and <br />horizontal areas where cannabis or any of its derivatives may be cultivated, grown, <br />harvested, packaged, processed or stored) as identified on the Building Plan set <br />submitted to and approved by the City. <br />3. In -Lieu Fees Not a Pass -Through Fee: Gross Receipts Defined. <br />A. Commercial cannabis businesses shall not pass the In -Lieu fee or any portion <br />thereof through to the commercial cannabis customer or other commercial <br />2 <br />75E-3-4 <br />