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NS-3026 - Readopting and Amending Certain Sections of Article XIII of Chapter 18 of the Santa Ana Municipal Code Pertaining to Medicinal Marijuana Retail...
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NS-3026 - Readopting and Amending Certain Sections of Article XIII of Chapter 18 of the Santa Ana Municipal Code Pertaining to Medicinal Marijuana Retail...
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10/6/2022 3:33:05 PM
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10/6/2022 3:31:57 PM
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Doc Type
Ordinance
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Clerk of the Council
Doc #
NS-3026
Item #
22
Date
10/4/2022
Destruction Year
P
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Chapter can only be made in a city or county that does not expressly prohibit it by <br />ordinance. Delivery services by dispensaries not in possession of regulatory safety <br />permits is expressly prohibited. <br />(g) Non -Retail Commercial Cannabis Businesses for Medicinal and Adult -Use Cannabis <br />as defined in Article I of Chapter 40 of the Santa Ana Municipal Code (SAMC) are <br />permitted subject to the regulations and standards contained within Chapter 40 of the <br />SAMC. <br />Section 8. Section 21-127 of Article XII of Chapter 21 of the Santa Ana Municipal <br />Code is hereby amended to read in full as follows: <br />Sec. 21-127. - Marijuana collectives/cooperatives—Annual business license tax <br />assessment. <br />(a) Annual business license tax assessment for marijuana collectives/cooperatives. <br />(1) Every collective/cooperative whether it is organized or conducted as a "not <br />for profit' business, a "non-profit' business, or a "for -profit" business, shall <br />pay an annual business license tax in accordance with Chapter 21 and the <br />sections and subsections hereunder. <br />(2) For the purposes of this article, a marijuana collective/cooperative is defined <br />in section 40-101(b) and is considered to be a business as that term is <br />defined in section 21-3. <br />(3) For the purposes of this article, a collective/cooperative is not considered to <br />be a religious or charitable organization. <br />(4) "Medical marijuana collective/cooperative" or "collective/cooperative" shall <br />mean any activity regulated or permitted by chapter 40. <br />(5) For the purposes of this article, a marijuana collective/cooperative is not <br />considered to be a business or person having a "specified exemption" or <br />"specified exclusion" from business license taxation as set forth in sections <br />21-48 and 21-49. <br />(6) For the purposes of this article, a "nonprofit organization" shall mean any <br />institution or organization that is exempted from taxes measured by income <br />or gross receipts pursuant to Article XI11, Section 26 of the California <br />Constitution as codified under Chapter 4 (commencing with Section 23701) <br />of Part 11 of Division 2 of the Revenue and Taxation Code and Section <br />37101 (c) of the Government Code or Sub -Chapter F (commencing with <br />Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of <br />1986. An institution or organization operating as a collective/cooperative <br />and claiming a gross receipts assessment business license tax exemption <br />under this section shall have the burden of furnishing to the collector such <br />Ordinance No. NS-3026 <br />Page 49 of 69 <br />
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