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FULL PACKET_2018-05-01
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FULL PACKET_2018-05-01
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
5/1/2018
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Section 40-14. Limitations on the City's Liability. <br />To the fullest extent permitted by law, the City shall not assume any liability <br />whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this <br />article or the operation of any commercial cannabis business approved pursuant to this <br />chapter. Asa condition of approval of a Regulatory Safety Permit as provided in this <br />chapter, the applicant or its legal representative shall: <br />1. Execute an agreement indemnifying the City from any claims, damages, <br />injuries or liabilities of any kind associated with the registration or operation of the <br />commercial cannabis business or the prosecution of the applicant or business or its <br />members for violation of federal or State laws; <br />2. Maintain insurance in the amounts and types that are acceptable to the <br />City Attorney or his or her designee; <br />3. Name the City as an additionally insured on all City required insurance <br />policies; <br />4. Agree to defend, at its sole expense, any action against the City, its <br />agents, officers, and employees related to the approval of a Regulatory Safety Permit; <br />and, <br />5. Agree to indemnify and reimburse the City for any court costs and attorney <br />fees that the City may be required to pay as a result of any legal challenge related to <br />this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, <br />at its sole discretion, participate at its own expense in the defense of any such action, <br />but such participation shall not relieve the operator of its obligation hereunder. <br />Section 40-15. Fees and Taxes. <br />All commercial cannabis businesses shall pay applicable fees and taxes, which <br />shall include one or more of the following: <br />1. Application Fees. The business owner shall submit a non-refundable fee <br />to cover the cost of processing an application for the commercial cannabis business. <br />These fees may be divided into two fees according to Registration Application Fee <br />(Phase 1) and RSP Application Fee (Phase 2). <br />2. Regulatory Safety Permit Renewal Fees. The business owner shall submit <br />a non-refundable fee to cover the cost of processing an application renewal annually. <br />3. Business License Taxes. The business owner shall at all times maintain a <br />current and valid City of Santa Ana business license and shall pay all business license <br />taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated <br />Ordinance No. NS-2944 <br />Page 29 of 35 <br />11 A-31 <br />
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