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Agenda Packet_2026-03-03
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Agenda Packet_2026-03-03
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Agenda Packet
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City Council
Date
3/3/2026
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Q The Director or designee may require the smoke shop operator and/or <br /> applicant to submit additional information, of such type and in such form as <br /> the Director may specify, as the Director may deem relevant to the <br /> application, including, but not limited to, an operational statement, floor <br /> plans, architectural renderings, and technical studies, as appropriate. <br /> Q) The Director or designee may refer an application to other City departments <br /> to determine whether the smoke shop's location will comply with building, <br /> health, zoning, and fire ordinances or other applicable ordinances or laws. <br /> City departments may conduct an inspection of the premises to determine <br /> compliance with the ordinances and other laws they administer, and may <br /> subsequently prepare reports summarizing their inspections. <br /> Additional security measures such as reduced hours of operation, security <br /> guards, door monitors, and/or burglar alarm systems may be required if <br /> nuisance or related problems are demonstrated to occur as a result of <br /> business practices or operations. This will be determined on a case-by-case <br /> basis upon review by the Santa Ana Police Department. <br /> Smoke shops shall be subject to routine unannounced inspections at least <br /> annually, to ensure compliance with this section and any additional <br /> conditions of the Conditional Use Permit. The smoke shop operator shall <br /> reimburse the City for the cost of such inspection(s) pursuant to the City's <br /> Miscellaneous Fee Schedule. If an annual inspection results in a finding that <br /> a smoke shop operator is not in compliance with this section or the specific <br /> conditions of the Conditional Use Permit, that finding may be used as a <br /> basis for amending or revoking the Conditional Use Permit, pursuant to <br /> Section 41-651 this Code. <br /> a. If a smoke shop is determined to be out of compliance with its Conditions <br /> of Approval, the person or entity acting as the smoke shop operator shall <br /> be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of <br /> this Code, as set by City Council resolution. The fine structure shall consist <br /> of progressively higher fines for violations occurring within one year of a <br /> prior violation. In addition, upon a fourth violation being upheld within a <br /> three (3) year period of the first violation, the Conditional Use Permit for <br /> the business may be subject to revocation. Fines shall be levied in <br /> accordance with the Miscellaneous Fee Schedule. <br /> Sec. 41-2412. - Existing Smoke Shops. <br /> Smoke shops that are in existence upon the effective date of this article and that do not <br /> have a conditional use permit to operate shall have six (6) months from the effective date <br /> of this article to comply with the standards in Section 41-2411 of this Article. <br /> Ordinance No. NS-#### <br /> Page 14 of 17 <br /> City Council 21 — 23 3/3/2026 <br />
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