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regulatory safety permit and/or renewal has been notified in writing by certified mail of <br />the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this <br />Code. If a timely appeal is filed, the denial shall be effective only upon decision of a <br />hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. <br />Otherwise, the denial shall become effective after the timely appeal period has <br />passed. The matter may be subject to judicial review under the provisions of California <br />Code of Civil Procedure Sections 1094.5 and 1094.6. <br />Sec. 40-9.1. Non -retail commercial cannabis business (cultivation, manufacturing, <br />distribution, and testing facility/laboratory) selection process. <br />1. Non -Retail Commercial Cannabis Businesses — Registration Application (Phase 1) <br />and Regulatory Safety Permit (Phase 2) Required. <br />a. Every Non -Retail Commercial Cannabis Business shall apply for the Phase 1 <br />(Registration Application) and Phase 2 (Regulatory Safety Permit Application) in <br />the manner described in Section 40-9, except that the Director of the Planning and <br />Building Agency or his or her designee may accept Phase 1 and Phase 2 <br />applications for a Non -Retail Commercial Cannabis Business concurrently, and <br />shall review such applications and issue the Regulatory Safety Permit Application <br />without consideration of the merit based point system, insofar as the applications <br />satisfy all other requirements of this article. <br />b. Applications for a Non -Retail Commercial Cannabis Business shall be accepted <br />during normal City Hall business hours and are not subject to the thirty (30) day <br />Phase 1 or Phase 2 application periods. <br />Sec. 40-9.2. Commercial cannabis consumption lounge permitting process. <br />1. After the adoption of this Ordinance, the Executive Director of the Planning and <br />Building Agency shall prepare application forms to evaluate a proposed commercial <br />cannabis consumption lounge. Each commercial cannabis retail business interested <br />in operating a consumption lounge pursuant to this article may submit an RSP <br />application together with a non-refundable processing fee in an amount established <br />by the City Council. <br />A. Beginning the effective date Ordinance No. NS-XXXX (January 1, 2023) and for <br />one year thereafter (until January 1, 2024), the City shall only accept RSP <br />applications for commercial cannabis consumption lounges from those licensed <br />commercial cannabis retail business with a valid RSP in the City of Santa Ana that <br />are in compliance with and having provided the attestation form signed by a Bona <br />Fide Labor Organization pursuant to Section 40-16 of this Chapter. <br />b. Beginning January 1, 2024, the City shall accept RSP applications for commercial <br />cannabis consumption lounges from any other licensed commercial cannabis retail <br />business with a valid RSP in the City of Santa Ana. <br />Ordinance No. NS-3026 <br />Page 34 of 69 <br />