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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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Ordinance
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Clerk of the Council
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NS-3026
Item #
22
Date
10/4/2022
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(c) Modification, repeal or amendment. The city council may repeal the ordinance <br />codified in this article, or amend it in a manner which does not result in an increase <br />in the tax or taxes imposed herein, without further voter approval. The city council <br />may likewise by ordinance adopt and add additional provisions to any other article <br />of this chapter and relate them to this article, or amend any existing provisions of <br />any article of this chapter as they may already relate to this article in any manner <br />which does not result in an increase in the tax or taxes imposed herein, without <br />further voter approval. If the city council repeals said ordinance or any provision of <br />this article, it may subsequently reenact it without voter approval, as long as the <br />reenacted ordinance or section does not result in an increase in the tax or taxes <br />imposed herein. <br />(d) Administration —Rules, regulations, and guidelines; interpretation/clarification. In <br />order to aid in the city's collection of taxes due under this article and to ensure that <br />all marijuana collectives/cooperatives are taxed consistently to the best of the city's <br />ability, the collector, with the concurrence of the city attorney, may promulgate rules, <br />regulations, and guidelines, to implement and administer this article including, but <br />not limited to rules, regulations, and guidelines harmonizing other provisions of this <br />chapter with the provisions of this article in any manner not inconsistent with the <br />intent of this article and which does not result in an increase in the tax or taxes <br />imposed herein. The collector may also, with the concurrence of the city attorney, <br />interpret or clarify the methodology of the tax, or any definition applicable to the tax, <br />so long as such interpretation or clarification (even if contrary to some prior <br />interpretation or clarification) is not inconsistent with the language of this article. <br />(e) Occasional transactions —Exemptions <br />(1) The provisions of this article shall not apply to persons having no fixed place of <br />business within the city who come into the city for the purpose of transacting a <br />specific item of marijuana collective/cooperative business at the request of a <br />specific patient, client or customer, provided that such person does not come <br />into the city for the purpose of transacting business on more than five (5) days <br />during any calendar year. <br />(2) For any person not having a fixed place of business within the city who comes <br />into the city for the purpose of transacting collective/cooperative activities, the <br />business tax payable by such person may be apportioned by the collector in <br />accordance with this chapter. <br />(f) Reporting and remittance. Beginning as set forth in subsection (k) below, and <br />monthly thereafter, each marijuana collective/cooperative (except qualified nonprofit <br />organizations exempt from taxes measured by income or gross receipts) required to <br />pay a tax based on gross receipts under this article, shall report to the city any gross <br />receipts received during the preceding monthly reporting period and shall likewise <br />Ordinance No. NS-3026 <br />Page 52 of 69 <br />
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