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applicable zone for the parcel of real property upon which the commercial cannabis <br />activities are conducted. Any commercial cannabis business shall qualify for and <br />receive a Regulatory Safety Permit from the City of Santa Ana as provided by this <br />article and operate only in a zone in compliance with Santa Ana Municipal Code before <br />commencing with any commercial cannabis business activity. Any commercial cannabis <br />business without a Regulatory Safety Permit is in violation of this article. The regulations <br />in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana <br />Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code <br />(collectively referred to as "State Law") do not interfere with the right to use adult -use <br />cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize <br />the possession of cannabis as authorized under State Law. <br />B. Any person operating a medicinal marijuana collective/cooperative (as <br />defined in Chapter 18 of this Code) as of December 14, 2017, or who has a RSP <br />application pending to operate a medicinal collective/cooperative, and has met all of the <br />requirements of Chapter 18, shall be allowed to apply for a Regulatory Safety Permit for <br />the sale of Adult -Use cannabis provided that they enter into the Adult -Use Cannabis <br />Retailer Operating Agreement with the City. <br />C. The Commercial Cannabis Operating Agreement shall be a legally binding <br />written agreement between each commercial cannabis business operator and the City, <br />executed by the City Manager, or his or her designee, and in a form and substance <br />satisfactory to the Executive Director of Planning and Building and the City Attorney, <br />and containing those provisions necessary to ensure that the requirements of this article <br />are satisfied. A distinct Commercial Cannabis Operating Agreement shall be required <br />for each location and type of commercial cannabis business activity taking place at an <br />approved Commercial Cannabis Business. <br />Section 40-2. Definitions. <br />The definitions are incorporated herein as fully set forth and are applicable to this <br />article. All definitions are intended to comply with those set forth by the State of <br />California for all commercial cannabis business activities. <br />1. "Applicant" means a person who is required to file an application for a <br />permit 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 <br />used for non -medicinal purposes by a person 21 years of; age or older. <br />3. "Adult -Use Cannabis Retailer. Operating Agreement" or "Operating <br />Agreement" means the agreement entered into by and between the City and the <br />Ordinance No. NS -2944 <br />Page 4 of 35 <br />11 A-6 <br />