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NS-2942
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NS-2942
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Entry Properties
Last modified
12/12/2018 11:21:13 AM
Creation date
4/16/2018 8:39:31 AM
Metadata
Fields
Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2942
Date
4/3/2018
Destruction Year
P
Document Relationships
2019-068 - Reducing the Commercial Cannabis Gross Receipts Tax
(Amended By)
Path:
\Resolutions\CITY COUNCIL\2011 -\2019
NS-2944
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
NS-2962
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
NS-2973
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2019 (NS-2963 - NS-2978
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made available to the police department only pursuant to a properly executed search <br />warrant, subpoena, or court order. It is unlawful for any owner, responsible person, <br />landlord, lessee, member including but not limited to a member engaged in the <br />management), or any other person having any responsibility over the operation of the <br />commercial cannabis business to refuse to allow, impede, obstruct or interfere with an <br />inspection, review or copying of records and closed-circuit monitoring authorized and <br />required under this article, including but not limited to, the concealment, destruction, and <br />falsification of any recordings, records, or monitoring. <br />Section 40-12. Violation and enforcement. <br />1. Violation/enforcement. <br />Each and every violation of this article shall constitute a separate violation and <br />shall 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 <br />injunctive relief, revocation of the commercial cannabis business Regulatory Safety <br />Permit, revocation of the certificate of occupancy for the location, disgorgement and <br />payment to the City of any and all monies unlawfully obtained, costs of abatement, <br />costs of investigation, attorney fees, and any other relief or remedy available at law or <br />equity. The City may also pursue any and all remedies and actions available and <br />applicable under local and State laws for any violations committed by the commercial <br />cannabis business and 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 <br />holding a Regulatory Safety Permit under the provisions of Chapter 40 has violated the <br />provisions of this chapter or is found guilty of conduct which would form the basis of <br />denial of the Regulatory Safety Permit as set forth in Article XIII of Chapter 18, s/he may <br />revoke or suspend the permit. No such revocation shall become effective until the <br />Regulatory Safety Permit holder has been notified in writing by certified mail of the right <br />to appeal the revocation decision pursuant to the provisions or Chapter 3 of this Code. If <br />a timely appeal is filed, the revocation shall be effective only upon decision of the City <br />Council. Otherwise, the revocation shall become effective after the timely appeal period <br />has passed. <br />Section 40-13. Transfer of Ownership. <br />1. Upon the transfer of any interest in a commercial cannabis business, the <br />Regulatory Safety Permit shall be null and void. Any person, firm or entity desiring to <br />own and operate the commercial cannabis business shall make a new Regulatory <br />Safety Permit application. Prior to or concurrent with the submission of said application <br />the transferee shall obtain all required business licenses, post all required security <br />deposits, acquire all necessary, certificates, permits or other licenses allowing the doing <br />of any act which the person paying or holding the same would not otherwise be entitled <br />to do; and any permit, license, variance or other instrument of approval or evidence that <br />Ordinance No. NS -2942 <br />Page 22 of 31 <br />
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