HomeMy WebLinkAboutNS-2868 - VOTER MMDPROPOSED ORDINANCE NO. NS -2868
THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LIMITATION ACT
The People of the City of Santa Ana do hereby enact and ordain as follows:
THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LIMITATION ACT
SECTION 1 TITLE
This initiative shall be known and may be cited as The Santa Ana Medical Cannabis Restriction
and Limitation Act.
SECTION 2 FINDINGS AND DECLARATIONS
(a) In 1996 California voters approved Proposition 215, the "Compassionate Use Act of
1996." The people of the State of California declared that their purpose in enacting the measure
was, "to ensure that seriously ill Californians have the right to obtain and use marijuana for
medical purposes where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis,
migraine, or any other illness for which marijuana provides relief."
(b) Proposition 215 called for plans to implement the "safe and affordable distribution of
marijuana to all patients in medical need of marijuana."
(c) "Cannabis" is the scientific term for "marijuana" and shall be used in the language of this
Ordinance and in all other medical contexts in the City of Santa Ana.
(d) We strongly support the right of patients to use medical cannabis in accordance with the
recommendation or approval of a licensed physician in good standing with the Medical Board of
California.
(e) We strongly oppose law enforcement resources being used to arrest, prosecute, and
incarcerate qualified patients who use and provide medical cannabis in accordance with the
Compassionate Use Act (California Health and Safety Code section 11362.5) and Senate Bill
420 (California Health and Safety Code sections 11362.7 et. seq.).
(f) Access to medical cannabis should occur in a safe and orderly manner to protect patients
and the community. The absence of controlled dispensing organizations results in patients being
forced to obtain their medicine in the illicit market, or incurring hardship and expense of
traveling great distances to obtain their medicine from outside their community.
(g) In the absence of detailed State regulation, local governments must adopt policies and
regulations to protect their communities and their resident patients' safe access their medicine.
(h) According to the California State Board of Equalization, medical cannabis organizations
contribute between $50 and $100 million dollars in sales tax to the State of California annually,
and provide employment to thousands of Californians. Local municipalities, including the City
of Sacramento, have passed special business tax rates for medical cannabis organizations which
provide revenue used to fund much needed services such as public safety, education, and health.
(i) The People of the City of Santa Ana further find and declare that we enact this initiative
pursuant to the powers reserved to the State of California, the City of Santa Ana, and its People
under the Tenth Amendment to the United States Constitution, as well as under the general
police power of local government derived from the State's sovereignty.
0) The intent of this Ordinance is to restrict and limit the number of medical cannabis
collectives and cooperatives operating or which may operate in the City of Santa Ana, but not to
prohibit them.
(k) The intent of the two percent gross receipts tax on medical cannabis collectives and
cooperatives is for the betterment of the community.
(1) The subject of this Ordinance is to determine the appropriate location of medical
cannabis collectives and cooperatives. The regulation of such collectives and cooperatives may
be accomplished by State law, or by any other Santa Ana voter initiative. This Ordinance cannot
be amended by the City Council except as specifically provided below.
SECTION 3 AMENDMENTS TO SANTA ANA MUNICIPAL CODE CHAPTER 18
ARTICLE XIII
The People of the City of Santa Ana do hereby enact and ordain that Chapter 18 Article XIII of
the Santa Ana Municipal Code is hereby amended to read as follows (any underlined language is
new and to be inserted, any struck- through language is existing and to be deleted):
Article XIIL - Medical Cannabis Collectives and Cooperatives
Sec. 18.610. - Purposes and Directives
Sec. 18 -611. - Definitions
Sec. 18 -612. - Maximum Number of Collectives or Cooperatives
Sec. 18 -613. - Use Districts & Sensitive Use Proximity Prohibitions
Sec. 18 -614. - Registration Required and Effect Thereof
Sec. 18 -615. - Registration Application Process
Sec. 18 -616. - Registration Application Form, Manner, Timing, and Priority Order
Sec. 18 -617. - Issuance and Renewal of Registration
Sec. 18 -618. - Operating Standards
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Sec. 18.6 10. - Purposes and Directives
The Purpose of this chapter is to implement California Health and Safety Code sections 11362.5
and 11362.7 - 11362.83, known respectively as the Compassionate Use Act of 1996 and the
Medical Marijuana Program Act (effective 2004); and to impose limitations on the location of
facilities lawfully used for the cultivation, processing, storage, and dispensing of medical
cannabis, other than the cultivation or possession by an individual qualified patient or caregiver
at the patient or caregiver's home. The Compassionate Use Act is the State law removing State
tate
law penalties for qualified patients, and those patients' primary caregivers, for possession and
cultivation of a personal amount of medical cannabis for qualified patients. The Medical
Marijuana Program Act is the State law that allows qualified patients and caregivers to
collectively or cooperatively cultivate and distribute medical cannabis for and to each other. The
purpose of this Article is also to enact reasonable operating and zoning limitations and other
restrictions applicable to the cultivation and distribution of medical cannabis based on the needs
of the City of Santa Ana and its residents.
This Article is intended:
(1) To fulfill the purpose of the Compassionate Use Act to "implement a plan to provide for
the safe and affordable distribution of marijuana to all patients in medical need of
marijuana" in accord with the Medical Marijuana Program Act's purpose to provide a
well-regulated program for patients and caregivers acting collectively or cooperatively to
cultivate and obtain medical cannabis.
(2) To help ensure that seriously ill residents of the City of Santa Ana can obtain and use
cannabis for medical purposes where that medical use has been deemed appropriate and
recommended or approved by a California physician who has determined the patient's
health would benefit from the use of cannabis in the treatment of cancer, anorexia, AIDS
chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which
cannabis provides relief.
(3) To create a ministerial administrative registration process for a limited number of medical
cannabis collectives and cooperatives that serve qualified patients in the City of Santa
Ana in accordance with State law. Nothing in this Article purports to affirmatively
authorize activities that are otherwise illegal under Federal, State, or local law.
(4) To protect citizens from the adverse impacts of irresponsible or illicit medical cannabis
cultivation, distribution, handling, and storage.
(5) To provide additional revenue to the City of Santa Ana for the eg neral public welfare
including without limit for public safety, education, and health.
(6) To impose further limitations on medical cannabis collectives and cooperatives beyond
those imposed under the Medical Marijuana Program Act, and in no way to affirmatively
authorize activity prohibited by State or Federal law.
(b) It shall be unlawful for the City of Santa Ana to ban Providers of medical cannabis lawful
under State law, including non -Profit collectives and cooperatives, from operation within the
City of Santa Ana, or to place a moratorium upon such lawful operation.
(c) No department, agency, commission, officer, or employee of the City of Santa Ana shall
use any City funds or resources to assist in the enforcement of Federal controlled substance laws
to the extent that they are inconsistent with California medical cannabis laws, including but not
limited to the Companionate Use Act of 1996 and the Medical Marijuana Program Act, unless
such assistance is required by Federal or State statute, regulation, or court decision.
(d) The City of Santa Ana shall not accept any Federal funding that would be used to
investigate, cite, arrest, prosecute, or seize property based on offenses otherwise legal under
California medical cannabis laws, nor participate in any task force that accepts any Federal
funding or revenue sharing and that investigates, cites, arrests, prosecutes, or seizes property
based on offenses otherwise legal under California medical cannabis laws. Specifically, these
prohibitions on accepting funding and task force participation shall not apply to the following
activities as not legal under California medical cannabis laws:
(1) Distribution or sale of cannabis to minors;
(2) Cultivation or sale of cannabis on public property;
(3) Driving under the influence;
(4) Interstate or international gang activity.
ctivity.
(e) The City must not require a medical cannabis collective or cooperative to obtain any
special use or conditional use permit. This provision is included to meet the requirements and
concerns expressed by the California Court of Appeal in Pack v. Superior Court (2011). City
officials will not be required to violate any Federal criminal statute. No special site plan,
variance, or any other permit or certificate other than those specified in this Ordinance shall be
required by the City and none shall be issued for said collectives and cooperatives. The City shall
issue, as a ministerial duty, Notices of Completed Registration, Certificates of Occupancy, and
gross receipts business licenses to qualified collectives and cooperatives in priority order as
received and processed.
Sec. 18 -611. - Definitions
(a) "City" means the City of Santa Ana.
(b) "Cannabis" or "marijuana" means marijuana and all parts of the plant cannabis, whether
growing or r not; the seeds thereof. resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It
includes marijuana infused in foodstuff It does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other compound
manufacture, salt, derivative, mixture, or Preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant are incapable of
germination.
(c) "Collectives" and "cooperatives" when referring to medical cannabis organizations, both
mean associations of five or more qualified patients, persons with identification cards, or primary
caregivers of qualified patients and persons with identification cards, who associate, as an
incorporated or unincorporated association, to collectively or cooperatively cultivate and
distribute medical cannabis for use exclusively by their registered members, in strict accordance
with California Health and Safety Code sections 11362.5 and 11362.7 et seq.
(d) "Director" means the Executive Director of the Planning and Building Agency or his or her
designee.
(e) "Medical cannabis identification card" and "identification card" mean a document issued
by the State Department of Health Services pursuant to California Health and Safety Code
sections 11362.7 et seq. that identifies a person authorized to engage in the medical use of
cannabis and the person's designated primary caregiver, if any, or identifies a person as a primary
caregiver for a medical cannabis patient.
"Medical cannabis transfer" means:
(1) The transfer of medical cannabis from a primary caregiver to that primary caregiver's
qualified patient for such consideration as is sufficient to reimburse that primary
caregiver for the primary caregiver's out -of- pocket expenses and for the primary
caregiver's services which shall not be subject to the City's gross receipts tax; or
(2) Transfers of medical cannabis among qualified patients or primary caregivers facilitated
through an association of those qualified patients and primary caregivers who are
operating as a cooperative or collective which shall be subject to the City's gross receipts
tax.
(g) "Medical marijuana" and "medical cannabis" means cannabis that is rg own, used, and
distributed pursuant to the provisions of California Health and Safety Code sections 11362.5 and
11362.7 - 11362.83, including all cannabis products, infusions, and concentrates containing the
active ingredients of the cannabis plant.
(h) "Notice of Completed Registration" means a written notice to an applicant for collective or
cooperative registration issued by the director as a minesterial duty indicating that the application
is complete and accurate.
i) "Overhead expenses" means all expenses incurred by the collective or cooperative
including but not limited to accounting, advertising, cultivation materials and equipment
depreciation, insurance, legal fees, mortgage payments, rent, repairs, supplies, taxes, utilities
volunteer compensation and reimbursements, wages, salaries, payroll, fees paid to comply with
the requirements of this Article, and any other expenses associated with the establishment and
operation of the collective or cooperative.
(i) "Non -profit operation" means that the collective or cooperative does not distribute its net
retained earnings to any individual.
(k) "Person with an identification card" means an individual who is a qualified patient and
who has applied for and received a valid identification card pursuant to California Health and
Safetv Code sections 11362.7 - 11362.83.
(1) "Primary caregiver" shall have the same definition as California Health and Safety Code
sections 11362.7 et seq., and as may be amended, and which defines "primary caregiver" as an
individual, designated by a qualified patient or by a person with an identification card, who has
consistently assumed responsibility for the housing, health, or safety of that patient or person,
and may include a licensed clinic, a licensed health care facility, a residential care facility, a
hospice, or a home health agency as allowed by California Health and Safety Code section
11362.7(4)(1 -3)
(m) "Qualified patient" shall have the same definition as California Health and Safety Code
section 11362.7 et seq., and as may be amended, and which states that a "qualified patient"
means a person who is entitled to the protections of California Health and Safety Code section
11362.5_ but who does not have a valid medical cannabis identification card.
(n) "Registration list" or "medical cannabis collective and cooperative registration list" means
the list of registered medical cannabis collectives and cooperatives maintained by the Director.
(o) "School" means any public or private school with students in any grade K -12.
Sec. 18 -612. - Maximum Number of Collectives or Cooperatives
At least 1 medical cannabis collective or cooperative per 15,000 (or fraction thereof) residents of
the City of Santa Ana, as determined by the last Federal Census or as determined by the latest
population estimate by the Department of Finance of the State of California whichever is higher,
and in no case less than 22, shall be registered by the Director if there are that many eligible
applicants. The City Council may increase, but not decrease, the number of medical cannabis
collectives registered in the City under the formula above which shall be the maximum number
registered unless raised by the City Council.
Sec. 18 -613. — Use Districts & Sensitive Use Proximity Prohibitions
(a) Medical cannabis collectives and cooperatives are prohibited in all use districts in the
City except for the C1, C4, C5, Ml, P, and C -SM use districts where they are neither prohibited
nor authorized. They are explicitly prohibited in the residential use districts: RE, R1, R2, R3, R4,
and CR.
(b) Medical cannabis collectives and cooperatives are Prohibited within 600 feet of schools
as defined in this Article.
Sec. 18 -614. - Registration Required and Effect Thereof
(a) 180 days after the adoption of this Article, it shall be prohibited for any person to operate
a medical cannabis collective or cooperative without a Notice of Completed Registration issued
by the Director.
(b) Nothing in this Article shall be construed to air nt any registrant any status or right other
than the right to be identified on the City's registration list, and to receive a Notice of Completed
Registration, a Certificate of Occupancy, and a gross receipts business license, and the right to
assert an affirmative defense to administrative, civil, and criminal enforcement of the City of
Santa Ana Municipal Code based on conduct in compliance with this Article and with California
law. A duly registered collective or cooperative, its members, officers, directors, managers, and
employees, shall not be subject to administrative, civil, or criminal sanctions based on the City of
Santa Ana Municipal Code solely on the basis of conduct in compliance with this Article and
with California law.
Sec. 18 -615. - Registration Application Process
(a) Each application for medical cannabis collective and cooperative registration shall be
submitted to, and as directed by, the Director on forms of his or her devising, in the name of each
applicant for registration, and shall be signed by each applicant or an authorized agent thereof.
The application shall include the following information:
(1) A written request to be registered and placed on the medical cannabis collective and
cooperative registration list.
(2) The name, mailing address, and telephone number of the applicant.
(3) The cooperative or collective name and street address for which registration is sought, as
well as any other names under which the collective or cooperative may operate.
(4) Copies of the collective or cooperative's entity- formation document such as, without
limit, its Articles of Incorporation, Articles of Association, LLC Operating or
Membership Agreement, etcetera.
(5) A one -page description of the collective or cooperative's nature and its plans for security
and non - diversion of medical cannabis.
(6) The following information concerning each director, officer, or senior general manager of
the collective or cooperative:
(A) Complete legal name, and any alias(es);
(B) Date of birth;
(C) A copy of a valid government- issued Photo identification card or license;
(D) A telephone number; and
(E) A list of any felony convictions for any crimes of violence, larceny, or fraud within
the previous 10 years, which shall be grounds for disqualification as shall failure to
disclose.
7) Documentation that the collective or cooperative is located in a Cl. C4. C5. Ml. P. or C-
SM use district of the City where they are neither authorized nor prohibited, and that it is
located at least 600 feet from any school as defined herein. Medical cannabis collectives
and cooperatives are prohibited in all other use districts in the City including in
residential use districts: RE. RI. R2. R3. R4. and CR.
(8) Some form of dated documentary evidence that the collective or cooperative had begun
operating at the location prior to December 31, 2011, including but not limited to, a lease
a utility receipt, a State Board of Equalization Seller's Permit, or a Federal Employer
Identification Number.
(9) A dated statement signed by an individual member authorized to represent and legally
bind the collective or cooperative, certifying under nder penalty of perjury that the information
provided in the registration form and any attachment thereto is true, complete, and
correct.
(b) The Director shall not refuse to accept for processing a registration application
accompanied by the required fee submitted per this Article.
(c) The required fee required for application and registration shall not exceed $500.
Sec. 18 -616. - Registration Application Form, Manner, Timing, and Priority Order
(a) The Director shall, within 15 calendar days of the date of adoption of this Article, create
registration application forms and instructions that strictly require only the information required
pursuant to Sec. 18 -615 of this Article, and shall begin accepting applications on a published
date within 30 calendar days of the date of adoption of this Article.
b) At least seven calendar days prior to the date the Director will beizin acceptin
applications for registration, the Director shall publish, on the City's website and once in a daily
newspaper of general circulation, the date, time, and manner on and in which collectives and
cooperatives must submit registration application forms and the required fee, and shall make
publicly available those forms and instructions at City Hall and on the City's website.
(c) Each collective and cooperative shall submit with its registration application a required
fee pursuant to this Article.
(d) As each collective and cooperative submits its registration application and fee pursuant to
this Article, the Director shall time -stamp the application with the date and time received. Seven
calendar days after the date the Director begins accepting applications, the Director shall stop
accepting applications and shall that day establish a priority list that identifies by name, address
date and time the order in which applications were received. The order in which applications
were received shall be the order in which the Director shall process them. A collective or
cooperative may only be assigned one place on the priority list, and multiple submissions will
result in immediate disqualification from the registration process.
(e) Within seven calendar days of establishing the priority list, the Director shall publish the
priority list on the City's website and once in a local daily newspaper of general circulation.
(f) The order set forth in the priority list shall remain in effect until the priority list has been
exhausted, at which time, should the number of current valid registrations fall below that
established by Sec. 18 -612 of this Article, a new date and time will be set for submission of
additional applications following the process set forth herein, but not more frequently than once
every 180 days.
(g) Following establishment of the priority list, the Director shall begin processing as a
ministerial duty the registration applications of collectives and cooperatives in the order
established by the priority list. The Director shall continue processing applications until the
maximum number of collective and cooperative registrations have been issued a Notice of
Completed Registration and placed on the registration list. This processing shall consist of
verification of the information required by Sec. 18 -615 as complete and accurate.
(h) No cooperative's or collective's rank on the priority list shall be assigned, transferred, or
sold. Any attempt to so assign, transfer, or sell a priority ranking shall render the application null
and void. Any person, collective, or cooperative attempting to o assign, transfer, or sell a priority
ranking and nd any person, collective, or cooperative attempting to o acquire a priority ranking
outside the provisions set forth herein shall be immediately disqualified from the registration
process for three years.
Sec. 18 -617. - Issuance and Renewal of Registration
(a) Upon the receipt of an application for registration, the Director shall, as a ministerial
duty, complete processing and issue a Notice of Completed registration and place the collective
or cooperative on the registration list within 30 calendar days, to be tolled if, and only ifs
requested by the applicant to allow processing time, ime, unless:
(1) The application is incomplete or inaccurate; or
(2) The applicant has failed to Provide information reasonably necessary for Processing the
registration application or has knowingly answered an application question or request for
information falsely; or
(3) The application seeks registration for a medical cannabis collective or cooperative that is
located within 600 ft. of a school as herein defined, or is not located in a C1, C4, C5, M1-
P or C -SM use district of the City, or that cannot provide evidence of operation in the
City prior to December 31, 2011; or
(4) No California State Board of Equalization Seller's Permit has been granted for the
applicant collective or cooperative; or
(5) An applicant is a licensed physician actively making patient recommendations.
b) If the Director fails to either issue a Notice of Completed Registration or denv the
application for registration in writing stating tating the reasons for denial, within 30 calendar days of
receipt of the application, the registration shall be deemed complete, the Notice of Completed
Registration deemed issued, and the collective or cooperative deemed to be on the registration
list_ and thus deemed eliizible for a Certificate of Occupancv and gross receipts business license
as below
c) Once all available Notices of Completed Registration are issued or deemed issued. no
applications will be accepted or considered until such time as additional Notices of Completed
Registration are available. When additional Notices of Completed Registration become available,
applications will then be taken and will be considered as provided herein upon the timely filiniz
of a new application therefore
(d) Registration shall be valid for two years and an application for renewal must be filed not
later than 30 calendar days prior to the expiration of the registration, but no earlier than 60
calendar days prior to the expiration of the registration. A registration may be renewed for
additional periods of two years by submitting an application to the Director.
e) If a reizistered cannabis collective or cooperative is forced to chanize locations
unwillingly, including without limit because of action by a landlord to recover possession, it will
be given 180 calendar days to submit a new location for registration from the time it notifies the
Director, during which time its registration is deemed valid and not available for subsequent
application by other parties unless the registrant surrenders the registration in writing, or fails to
submit an application for a new location within the allotted 180 calendar days.
(f) Once issued a Notice of Completed Registration and placed on the registration list, the
collective or cooperative shall be eligible for a Certificate of Occupancy, which shall be issued as
a ministerial duty within 30 calendar days (to be tolled if, and only if, requested by the applicant
to allow time for inspection or for work required per inspection) during which time the standard
building and fire inspections shall be completed or deemed completed and applicants allowed
time as they request to complete any work required per inspection. The Certificate of Occupancy
shall issue without regard to any parking requirements, which shall be deemed met or waived. If
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the Certificate of Occupancy is not issued, or denied in a writing stating the grounds therefore, in
this time it shall be deemed issued.
(g) Once issued its Certificate of Occupancy, a cooperative or collective shall be eligible for
a gross receipts business license which shall be issued as a ministerial duty immediately upon
application.
Sec. 18 -618. - Operating Standards
Violation of any of the following standards that rises to the level of a persistent public nuisance
in fact that cannot be abated through feasible conditions of operation shall be grounds for
abatement pursuant to Chapter 17 of this Code.
(a) Collectives and cooperatives shall meet all the operating standards for the dispensing of
medical cannabis required pursuant to California Health and Safety Code sections 11362.5 and
11362.7 et seq., by this Article, and by the 2008 Attorney General's Guidelines for the Security
and Non - Diversion of Marijuana Grown for Medical Use.
(b) Collectives and cooperatives shall be operated only as collectives or cooperatives with a
membership consisting exclusively of qualified patients, persons with ID cards, and primary
caregivers, which membership status shall be affirmatively verified.
(c) Collectives and cooperatives shall exchange, sell, transfer, and distribute only cannabis
cultivated, manufactured, or processed in the State of California and that has not left the State
before arriving at the collective or cooperative, and that has been cultivated only by, and
provided only to, its verified members in a closed - circuit of production and consumption.
(d) Medical cannabis collectives and cooperatives shall possess only a reasonable quantity of
dried cannabis and cannabis plants to meet the personal medical needs of their members.
Medical cannabis collectives and cooperatives shall not accumulate more cannabis than is
necessary to meet the Dersonal medical needs of their members.
(e) No medical cannabis shall be smoked, ingested, or otherwise consumed in the public
right -of -way within 50 feet of a collective or cooperative. Any person violating this provision
shall be deemed guilty of an infraction and upon the conviction thereof shall be punished by a
fine of $100.
(f) The collective or cooperative shall not hold or maintain a license from the State
Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that
sells alcoholic beverages. Nor shall alcoholic beverages be consumed on the premises or in the
public right -of -way within 50 feet of a medical cannabis collective or cooperative.
(g) In order to protect confidentiality, the collective or cooperative may maintain records of
all qualified patients with a valid identification card and primary caregivers with a valid
identification card using only the identification card number issued by the State or County
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pursuant to California Health and Safety Code section 11362.7 et seq.
(h) The collective or cooperative shall Provide and maintain adequate security on the
premises, including lighting and alarms reasonably designed to ensure the safety of persons and
to protect the premises from theft. No cultivation of medical cannabis at the location shall be
visible with the naked eye from any public or other private property, nor shall cultivated or dried
medical cannabis be visible from the exterior of the medical cannabis collective or cooperative.
(i) It shall be unlawful for any collective or cooperative to employ any person who is not at
least 18 years of age.
(i) It shall be unlawful for any collective or cooperative to allow any person who is not at
least 18 years of age on the premises during hours of operation, unless that person is a qualified
patient, or a primary caregiver, and is accompanied by their parent or guardian.
(k) A sign shall be posted inside collectives and cooperatives, stating substantially as
follows: "The diversion of cannabis for non - medical purposes is a violation of State law.
Loitering at the location of a medical cannabis dispensing collective for an illegal purpose is
prohibited by California Penal Code section 647(h). No medical cannabis shall be smoked,
ingested or otherwise consumed in the public right -of -way within fifty (50) feet of a medical
cannabis collective or cooperative." Such sign shall be printed in 14 -point font or larger upon 8
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SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -121
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck- through as follows):
13
NIH NO
SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -121
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck- through as follows):
13
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SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
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Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body- fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
any product, other than that which is clearly and traditionally incidental and essential to a
particular retail activity.
(-e) A hookah parlor as defined in section 41 -73.5 of this Code.
Cc) ()Any use which is more specifically identified as a permitted use or as a use which may be
permitted subject to the issuance of a conditional use permit in one or more use districts pursuant
to Article III of this chapter.
SECTION 6 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 21 -119
The People of the City of Santa Ana do hereby enact and ordain that Section 21 -119 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 21 -119. - Gross receipts tax rates.
Gross receipts tax rates for the different classifications are as follows
(1) Classification "A" —All businesses for which no tax is specified elsewhere in this Article,
including, but not limited to: retail businesses and sales at retail, services (including real estate
brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock
and bond brokers, commission agents, brokers or merchants, building and loans, and recreational
services), hotels, motels, theaters, and food establishments:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(2) Classification "B" Manufacturing, processing, wholesale businesses and sales at
wholesale, sales of gasoline and motor fuels, and telephone services:
For each separate place of business licensed, a basic rate of $60.00, plus:
15
$0.30 per $1,000.00 to .....$100,000.00
0.25 per 1,000.00 to .....300,000.00
0.20 per 1,000.00 to .....600,000.00
0.15 per 1,000.00 to .....1,000,000.00
0.10 per 1,000.00 over .....1,000,000.00
(3) Classification "C"—Rental of commercial real estate:
For the first property location licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over
.....1,000,000.00
For each additional property location licensed, a basic rate of $10.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over
.....1,000,000.00
(4) Classification "D" —Junk yards, automobile wrecking yards and salvage yards; junk
dealers, junk collectors, automobile dismantlers, junk salvagers, and junk recyclers:
For each separate place of business licensed, a basic rate of $100.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over
.....1,000,000.00
5) Classification "F" cannabis businesses:
(a) Every person engaged in a cannabis business not otherwise specifically taxed by other
business tax provisions of this Chapter, shall pay a business tax of $20.00 for each
$1,000.00 of gross receipts or fractional part thereof.
b) For the Durnose of this Section. "cannabis business" means business activitv includin
but not limited to, planting, cultivation, harvesting, transporting, manufacturing,,
compounding, converting, processing, preparing, storing, packaging, wholesale, and /or
retail sales of marijuana, any part of the plant Cannabis sativa L. or its derivatives. It
specifically includes medical cannabis transfers by collectives and cooperatives, and it
specifically excludes medical cannabis transfers by primary givers to their qualified
patients as defined in Chapter 18 Article XIII of this Code.
16
c) This is the only Citv of Santa Ana tax annlicable to medical cannabis collectives and
cooperatives, and it applies only prospectively. The City shall make no claim, current
retroactive, or prospective for payment by any medical cannabis collective or cooperative
of any other City tax except for the City portion of any Sales Tax collected by the
California State Board of Equalization.
(d) This tax shall be payable in quarterly installment payments by any organization falling
under this Classification "F."
SECTION 7 INITIATIVE NOT TO BE AMENDED OTHER THAN BY VOTERS
This initiative ordinance and every part thereof can only be amended by the Voters of the City of
Santa Ana and cannot be amended by the Santa Ana City Council except as specifically provided
above.
SECTION 8 SPECIAL ELECTION
The Voters of the City of Santa Ana hereby expressly request that this initiative ordinance be set
for a special election at the earliest time allowable by law.
SECTION 9 SEVERABILITY
Should any provision of this initiative ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable
or otherwise void, voidable, or invalid, that determination shall have no effect on any other
provision, or the application of this initiative ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable. By approving this ordinance the voters intend
that each section and sub - section be explictly severable, part -by -part, phrase -by- phrase, and
word -by -word, thus that the minimum language held invalid be severed.
17
THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LI IITATION ACT
291? `!" 15 Rd rr. 19
The People of the City of Santa Ana do hereby enact and ordain as follows:
C I T Y
THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND41AMi TkTIONI -A&L
SECTION 1 TITLE
This initiative shall be known and may be cited as The Santa Ana Medical Cannabis Restriction
and Limitation Act.
SECTION 2 FINDINGS AND DECLARATIONS
(a) In 1996 California voters approved Proposition 215, the "Compassionate Use Act of
1996." The people of the State of California declared that their purpose in enacting the measure
was, "to ensure that seriously ill Californians have the right to obtain and use marijuana for
medical purposes where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine,
or any other illness for which marijuana provides relief."
(b) Proposition 215 called for plans to implement the "safe and affordable distribution of
marijuana to all patients in medical need of marijuana."
(c) "Cannabis" is the scientific term for "marijuana" and shall be used in the language of this
Ordinance and in all other medical contexts in the City of Santa Ana.
(d) We strongly support the right of patients to use medical cannabis in accordance with the
recommendation or approval of a licensed physician in good standing with the Medical Board of
California.
(e) We strongly oppose law enforcement resources being used to arrest, prosecute, and
incarcerate qualified patients who use and provide medical cannabis in accordance with the
Compassionate Use Act (California Health and Safety Code section 11362.5) and Senate Bill 420
(California Health and Safety Code sections 11362.7 et. seq.).
(f) Access to medical cannabis should occur in a safe and orderly manner to protect patients
and the community. The absence of controlled dispensing organizations results in patients being
forced to obtain their medicine in the illicit market, or incurring hardship and expense of
traveling great distances to obtain their medicine from outside their community.
(g) In the absence of detailed State regulation, local governments must adopt policies and
regulations to protect their communities and their resident patients' safe access to their medicine.
(h) According to the California State Board of Equalization, medical cannabis organizations
contribute 'between $50 and $100 million dollars in sales tax to the State of California annually,
and provide employment to thousands of Californians. Local municipalities, including the City
of Sacramento, have passed special business tax rates for medical cannabis organizations which
provide revenue used to fund much needed services such as public safety, education, and health.
(i) The People of the City of Santa Ana further find and declare that we enact this initiative
pursuant to the powers reserved to the State of California, the City of Santa Ana, and its People
under the Tenth Amendment to the United States Constitution, as well as under the general police
power of local government derived from the State's sovereignty.
0) The intent of this Ordinance is to restrict and limit the number of medical cannabis
collectives and cooperatives operating or which may operate in the City of Santa Ana, but not to
prohibit them.
(k) The intent of the two percent gross receipts tax on medical cannabis collectives and
cooperatives is for the betterment of the community.
(1) The subject of this Ordinance is to determine the appropriate location of medical cannabis
collectives and cooperatives. The regulation of such collectives and cooperatives may be
accomplished by State law, or by any other Santa Ana voter initiative. This Ordinance cannot be
amended by the City Council except as specifically provided below.
SECTION 3 AMENDMENTS TO SANTA ANA MUNICIPAL CODE CHAPTER 18
ARTICLE XIII
The People of the City of Santa Ana do hereby enact and ordain that Chapter 18 Article X111 of
the Santa Ana Municipal Code is hereby amended to read as follows (any underlined language is
new and to be inserted, any struck - through language is existing and to be deleted):
Sec 18.610. - Purposes and Dircgtives
Sec,. 18 -611. - Definitions
18-612. - Maximum Number of Colleclives or CaQwralives
Sec. 18-613, __Ust ]2iatricts & SonsitiYe Ilse Proximity Prohibitions
Sec 18 -614 - Registration Required and Effect Thereof
Sec_ 18- 615- - Registration Application Process
18-616, - Rcgistration Application F r Mannpr, T ming, and P' ri ty ()rdpr
8 -618 - QpuaLing n r
2
Sec, 18 610 - Purposes and Directives
The aurpose of this
chapter_ is IQ ent
Califfomia
Hea th and
Sa&IY Code
"implement
n 113 5
and 13 7- 136
83 knmij respedi 1
the safe and
i
0 U Act
of 1996
and h
* sdic°1 Marijuana
Program Act effective 2004);
and to
impose
limitations
on t h mdoolkmd
Medical Marijuana Program
facilities.lawfully used
for the rjultiyafion, processing,
stor
a�
nd dispenSlna
of medical
f r
cannabis, other than
the cultivation or ooss usiQn
by an
individual
quali%
patient
or care
at tho patient r
i r' m The Compassionate
Act is
removi
1penalties fo qualified
and those
patients'
'm care
givers,�possessic�nnd
ill residents of the City of
Santa
has been
Ana can obtai
demed appml2riate
1
nn i f
life
n
Th Modicall
where that medi Qal use,
a California physician
Madjuana Program
Agt is the Im that
allows qualified
n n
caregivprs
to
QollgCfiy& or cooperatively
cultivate and dig
+.ri ute medical
cannabis
for
and to each
other. The
puEpose of this Article
is also to enact reasonabl
(3)
nd
zoning_ limitations
admi
and other
reOdctions_applicable
to the cultivation and
i i
of moical
cannabis
collectjyes
and conp2ra
of the City of Santa
Ana and its residents.
atients in the City
of Santa
Ana in aimrdance
This 1 is intendDL-
(1)
To fulfill
jht purpose
of the Compassionate,
ILse Act to
"implement
a lap m
urovide for
the safe and
affordable
distributiQu
of marijuana to all
in medical
eed of
m�a rijuana"
in accord
with the
Medical Marijuana Program
Act's_uarnose to
12 a
well-reWLIated
program
f r
i t
in
li i 1 r
i
r„ltiYale
and obtaj
medical
cannabis.
(2)
To help ensure
that
seriously
ill residents of the City of
Santa
has been
Ana can obtai
demed appml2riate
and use
and
conaabis
me
fa medifal
ded or approved
pujj2usys
by
where that medi Qal use,
a California physician
who has
determined the
anorexia_
patient's
AIDS_
health would
chronic pai
benefit
irnm jhr,
glaucoma,
j s of cannabis in the treatment
arthritis mi, grain,
or any
of canre4
other illness for
which
,anasticiLL
(3)
To create
a ministerial
admi
istrative, registrafton process
for
a limited number
of medical
cannabis
collectjyes
and conp2ra
ives that serve qualified
atients in the City
of Santa
Ana in aimrdance
wiLh St
rtiQl
rts tQ affilmafiyQl-y
mlh-Qiize
actiyities
h r
h i i n F
rl
or 11
w-
(4)
protect
cit tens
fr m the
adverse impacts of irresponsible
or illicit medical
c n� nabis
r�
oltivation,
distdbution,
handling,
5
T i
incilldillg
i
without
nlr n
limit for public
h i f
Safer, educatim, and
f
health.
h general
fr
3
pisLfibution Qr sale of cannabis to minors;
2 ) Cultivatioll or sale of cannabis Qn pblic propedy:
() Drives . undQ r thQ influ tom;.
blusiale or ' rn inl gang mAivily-
El
(a"Ci means the City
Qf Santa
Ana.
"Cannabis" r "mpn '
n" means
marijuana
and 1 parts
of the plant n i
h
omm-a- h
r f
ffie resin
extradod
f rn any part
of the
compQund, ma ufacture salt
deriyalivo,
mi2LWre,
or prenaration
of the_pll- its seeds
or resin.
I
includ mri' infund
in f
ffI
in
1 fh
In fiber-
produced fro the stalks, oil
or cake
made
from
the se ds of the
plant, �ny other compoun&
inanufadurg, salt, d
mixture,
r
i f the mWiirt
k s (o—xc&pt die
resin
extracted therefrom fiber,
oil, or cakv,,
or
the sterilized
seeds of
the plant a e incapable
o�
germination.
" of eetives" and "coo
era ives"
when
neforring
to medical
cannabis �rganizatioim
h
i
mean associatims of fl
r r
qualified
n ts, persons V&h
identific&fiQu cards
r r'
r r of qualified i
and-persons
i with idenfification cards,
associate,
inporporated Qr prunc, r por
i i
i r
r 1 i
n
distribute medical cannabis
far use
exclu
ively by
their registered
me bers in strict
accordance
mith California Health
f ety
CQde
=Aionsl
1362.5 and 11362.7
se .
"D' r" means tht,
Executive
Dire=r
of
Lhe Plannin-9
and °l in g AgenQy
or his
r her
designee.
"Medical nn identificatioa
cud"
and
"i ifi
n " mean a documenA
°
by the Devartment
of Health
i
r t to Califfommia
1 n
Safety
st��Qns 11362.7 sea. that
identifies
r son
aWhwized
w tingage in the modical
cann&bis and per
n
im
r giver, if any,
or ideuOu "Qrson
. r for a mediQal
1
I n
"Mgdical cannabis r
s r" means:
1 li r and r f medical
cannabis fr
caregLuAQ
that primary
i r'
qualified igm-t f-Qj
such co-n-
i
in as
is su& in
im that °m
caregiyer for thf, 12rim=
r
r' s oul-Qf-po
expoom
for the 12.rim=
cargaiver's services
which
shall not
i tv's
gross reuipts tax;
Q-r-
Tjiansf&rs of medical
cane
his among
qualified
patients
or_primary caregivers
facilitated
rough an association
r n -
nft_hose
-i
Qua
or coller
id fied
atients and prima
h shall be subject
, caregivers who
lo tht City's
are
t r
i
tax_
" i 1 ri' "
n d "inpdical
cannabis"
mmm cannabis that is r n
distributed pursuant to th
of
alifomia Health and
Safety Code sections
11362.5
and
1 7 62.?- 11362.83 in, ciudi
it..g, all cannabis
products,
in ions, and
concentrates font
ining the
aQftyc inurrdients of h cannabis
plant,
5
h "NQtice
of
ComplrAed
R r
i "
mea a writttn noti e IQ an applicant
-far l i
'�operative
regigration
i ssutd-b-y-the
director
as a minestorial jWty indicating
h at the applicatio n
is complete
"Oymbead
and
aCCUrate.
o2jpgnses"
m
11 x
n rr the 11 i
r coopgaafut
includinp,
but not
limited
n in
1' i materials
and
i m
dtpmf,ia6
mollmanteer
in
compensation
r 1
aml
rim
m
payments, rent, it s, supplies.
salaries, l, kes
paid
taxes, ili i
tQ comply h
the requimments
of hi s AItirle,
any
r expenses assogiated ih
hmn n
Qpprafion
li "
of h
on- profit
l i
otlerati
or
n" means
i
that the
collective or Qoo r
i i
in
W
ruin gs
"Emon
-to-a-ny individual
with an i
n'fi
n card!'
m n individuall who is
lifi ed patien
h h
li
f n r
i
i i
ifi i r r
lif
i H n
Safety
!11
ode sections
"Primary+
11362.7 -113
caregiver" shall have
the
same de$nition as Califor is
I- [ealth
and Safety CQdo
i n
1 2 7 e
m
m hi h fin
im
r i n
in ' i
1 dcsignated
by
a qualifi
nj or by a person with an identificafion
card, h
consistently
assumed
responsibility
__forte
housing, hcalth. Qr safm
of that
12atient or perso ,
and may
include
licensed
clinic,
licensed
health r e fij!jijity. a Lesidontial
facililL
hospice.
or a home
health
auency
as allowed
lif H 1
i
� —
b) "" ualified patient" shall have the same definition as California Health and Safes Code
strAion 11362.7 et see., and amended, h' patient"
means _a porson who is entitled to the protections of California Hgalmh and Safety de section
1362.5, but who does not have a valid medical cannabis identification card._
"R inli" a "medicall cannabis coller.6ye and r registratim li means
the list of registered edical cannabis co lectives and cooperatives maintained by tho Director.
[00 ]MWIR
18- - Maximum r pf Collectives or Cooperatives
At least 1 medical cannabis collective or oonerativ� en r 15,000 (or fracf on thereo , residentsQf
the City of Santa Ana, as determined by the last Federal Census or-as del n ' y the latest
population estim tae by the Deparumat of Finance of the State of Calliffbmia whichever is higher,.
and in no Qast less lhan 22. shball be registered the it Lhere r that many 1' 1
li n n r h number f medical cannabis
collectives registered in the City u der the formula above which shall be the maximum number
Ecgis .r d unless raised by the City Council.
-613 — Ilsf, Di stri!as & Sensiliye I Ise Proximity Prohibitions
W Medical cannabis collectives and cooperatiyesarg prohibited in all u e districts -in the
Cily QXMI for the Cl, C4., C5., Ml E and C-SM use, districts r h are n' rprohibited
nor authorized. They are exRlicifl rohibited in the residential use distrie • RE R1, R2, R3, R4,
and CR.
M-ediral cannabis 1 r hi i i n 600 feet of srh—ools
s defined in this Article.
Sec 18 -614. - Regi tr tfi a� ion Required and Effect Thereof
(a) 180 days after the adoption o-f-Llu:s Artie it shall be prohibited for any person to opera
intdical onnabis colleclivem cooperative without i m &gistfalim i
by IQ Director_
18-615, -R i inA inP mQp
Each application
for mediml cannabis
collective n
r r i n shall
applicant for registration,
and shall be signed
by each applicant or an
authoriztd- a_,gent thereof.
(1) A 3&dUn request to be registered and Dlaced o the medical cannabis collective and
cumerative registration list_
2 Thy, name. mailing r n d telephone number f the applicant,
3 Th r r 11 n m r r r hr i t ni h
11 n h r namaundpr which the ollerliye i r
4 i of -e ll r r i n i - rm n mn h without
lijii t, its Articles of Incorporation, Articles of Association, LLC Operating or
Membership Agrc!-.mtnt, et cetera.
(5) A one -page descri tion of the col ective or cooperative's nature and its plans for security
and non-diversion of medical cannalA&
6
The 11 i information cQngming each directOL OMQCL or seniQr n r n f
the 11 r r
(A Complete legat name, n alias(-es)-,.
If
(C %A copy of a valid government-issued photo idemtifica ion card or lic ;.
(D) A to phone number, ann
f uy felony ron i for ri f violence, larceD34 or fraudhip
Lhp, previ 10 years, h shalLheo-grounds for i li i shall failure
id sclose.
The, it r ll not f r in registration application
air rn anied by t e required fee submitted per this Article.
The it requimd for al2plifaflQn and regialratiQn shall not paceed 500
Sec 18 -616. - -Registration
The, Direrjor
Application Form,
sball, i hi 15 caleadar
Manner T, iming, and
days of the date of adopfion
Pjciority Or r
of Ws Artich-,��
iregistralion ul)licafton
fQrms instmclig)ns
that strictly require only.the
info
i n ired
pulaBan 1
-515 f i i n
shall applications
i h
within 30 calendar
least stymn
appliQations frr
days of the date o_f_adoption
calendar days prior
i n thp, Director
of i ArtiQle.
to the the Director will
shal blish-, on the City's
brgin-=captilig
website
n it
paper ja of general
circulafio-n-, the d"
timo, and mannu Qjn- and
in m filob collectives
must
submit registration
lication forms and the required
fee and
shall make
—operatives
l2liblicly ayailable
W Each cQllcctive
h forma an
and r i
ll submit with registration
i
li i
i
r
ffcpursuant to this
h mileative
Article,
and cooperative
its registrafiQ application
n
Pursuant to
this A' 1 e, th-c DirertQr
l im -
h e- pulication wi
ime
i n
dus after
lho date the Director begina
Mmpting DIP ications,
Director
shall
-calendar
acceliting applications
and shall that day establish
� a priority lisl that
identifies by namg, addoss,
im h
r in i h i
n r r T r r i hi h
1i i
wem received shall be the ader in which
thp, Director shall 12EQctss
m , A, QQllcctiYe
or
imperative may only
be assigned one place
on the priQn
Ay Iist na d
multiple submissions will
result in immedi
i hip seven
lificalion frQm
r days of establishing
the registrafton
ri ri i
the it
1 publish h
r . iorijy list on the
City's i n
in a local daily newspaper
of n r l
la i
The r
sa forth in the 12jiQrity
shall Lmain in eact
unfil the ri
list n
e which-limo,
ho l h mmbor
of current Yalid mgistrations
f below
th
es tablished by Sec.
18-612 of this Article,
a new date and tune will
be set for submission
of
add+zonal applications
following the process
set forth herein, but not
more frcquently.than
once
every 180 days
Foltomdng
ostablishment f the priQrity
h r sball
begin
La
ilnisterial duty the i r i li
f and
i in h
order
established Lho
priQdly list, Director
shall con linue pr licafions
until
maxi um number
of cull dive and cooperative
registrations have
been issued a Notice
Qf
E
Completed 13egisiration and placed on the regist[ation list. This processing shall consist of
verification o the information re uirgd hy Sec. 18-615 as complete and_accurate,
h cooperative's or ll rank-mthr, priority list 11 be assigned, r f rr r
Any atto m pt to so assign, tiMsfer, or-sell a priQrily ranking h l render the a- li gatim null
and void And nersm, oll�ctive, or cooperative attempting to assign, trap fs er, or sell a rl� ority
ranking n r son, co-Iloctive, or cooperaliye anempfing it ri rauking
outside h e j2rQy-isto_ns set forth herQin shall bv, itnmediatcly disqualified ftom the registration
pEQcess for hr
Sec. 18-617.
- Issuance and R-enmal of
(&)
j1pon
the receipt of an application for registration,
the Director-shall, as
a ministerial
duty
QQml2lete
processing and issue a Notice of Completed
registration and place
the collgetive
or cooperative
on the rpgistratiQn list within 30 calendar
days- to be tolled it and
only if,
requested
by
the, -applipant to allow processing time, unless
The application
is incomUlete or ina
The applicant
has -failed to provide-infonnation
reasonably negessau for
processing Lhe
registration
application or has knowingly answered
an application question
or requeaLfor
infinnation •
The application
seeks registration for a medical
cannabis collective or
cooperative that is
locati4within
600 fl, of a school as herein defined,
or is not loc in
a 61., -CAP C5, MI.
City,
opecalion
in the
P or C-SM
City prior
use district of the or that cannot
to Decemb pr 3 1, 2011; or
plozide evidence of
LQ
No California
Stato Board of Equalizatio-n- Seller's
Pennit has begn granted
for the
applicant
y cooperative; or
applicant
licensed p-hysician actively
making patient - • -j1
•
(b)
Tf the
Direglor fails to either issue a Notice of
Completed Registration
or de
days
30
applir,atiQn
for
registration in writing Stating the
+1 • denial, witbin
calendar +
of CDinp-lde-d
receipt
of the
application, the registration shall be deemed
coml2lete,, the Notice
deemed bp,
Registration
1.. 1 1 issucd, and the collective or cooperative
to on
the reg6stration
businus license
lis� and
Lhms
deemed eligible-for a Certificate of Occui2ancy
and gross receipts
as below
Once
all available Notice-, of Cumpleted Registration
are issued or deemed
issued, no
♦ : Completed
1' • 1" . 1
applif,alions
will 1 " accepted or ' x : ._ 1 -, . 1 until _
time as additional Nofices
,.,
.1
! . .1 ►, 1'1 .11 •1., \• •
+1 1 1 � � c •1
10
applications will then bet en and will bt considued provided herein h e fimely filing
®f a new annlication therefore.
n application lm filed not
IaWr than 30 calendaE days prior W tho oxpimtiQn of the registratiQn, but nQ earlier than 60
calendar days prior to the ex�irati_on of the registration. A registration may be renevmcd fa
additional ri f twQ years mi in n appliQation tQ Lhe, Diregto
f
m
R i r n 1 n
r istration li
coUdive or cooperatiye 1
li
i r f n
hi h shall be issued
a ministerial duty within 30 calendar
days fto be tolled if and only iLusted
by the ap lip cant
0 allm time for inspection or for
work
requi_ed en r inspe tion' I wring
which time the standard
building ilding and fire inspections shall
be
completed or dee ,d completed and
applicants allmnd
time a theyrequest to complete any
work required pQr inspection The
CertiLate of Occupy
shall ilhDut regard to my parking
requirements, hih shaLb.QAccmed
or i If
the Certificate of Occupancy is not
r de iod in a writing in
n therefore, n
this time it shall be deemed issued.
(g) Once issued its Certificate
of
Occupancy, a coorative Qr collective
shall be eligible for
gross receipts business n s?, which.shall
hQ issued as a ministerial dia
immedialely upm
annlication.
r • M 1 _ =M . r
Violation of any of the following, standards that rises to the level of a_ en rsistgnt public nuisance
in faQt that ,cannot be abated through feasible conditions of ope at�ion shall be grounds for
batement lijirsuanA IQ Chap 17-of this
(.a) CQUectiYes and cooperativos shall meet all Lhe qperating n r the i ni f
�iedical cannabis required n t to Califania Health amd Safety ° n 11362.5 and
11362.7 et sect„ by this Article, and by the 2008 Attomev General's Guidelines for the Security
and Non-Divers' Qn Qf Mari' uana a for Medical
Collectives and cooperatives shall be operated only as collectives or cooperatives with a
i�gmbership consisting x e i r i h ID r rim f
11
caregivers, which membuship siMs shall be affirmatively ri i
(Q) Collectives and cooperatives shall exghange, sell, transfer, and distribute only cannabis
cultivated, ma ufa=red;, or processed in the State of California and that has not left the State
before arriving; at the collective r cooperativt, and Lhat has n cultivated only and
i only its rifi m tmbjus in a dmd-dmit Qf production and consumption.
Mediral mnadbis ollectiYes and i h ll possess only 1 n i f
dried cannabis and cannabis plants to meet t e personal medical needs of_ heir members,
Medical cannabis collfctives and ll nol aournulate i h n is
necessary to meet the personal medical needs of their members.
W No medical cannabis shall be smoked, in eg sted, or otherwise consumed in the public
right -of- -way within 50 feet of a collective or cooperative. Any person violating this provision
shall be deemed guilty of an infraction and upon the conviction thereof shall be p niched by A
fine of $100.
Q The collective or cooperative shall not hold or maintain a license from the State
D?,partmtnt off Alcohol 1 IQ ull alr h li r or
sells l h li c beverages. Nor shall almholic r n sum ed Qn the premises in the
public right -of way within 50 feet of a medical cannabis collective or cooperative.
(l In order to prutpa c, nfidcntialijL the collective or cooperative may maintain records of
all qualified patients with a valid identification card and primary caregivers with a valid
i a cation -card-using only thr, identificatim card number i h or County
pursuanito California—Hcallhand i n 11362.7 et se
(i) It shall be unlawful for any collective or cooperative to employ Oy person who is not at
leas18-ye ars f age.
6) It shall be unlawful
for any col a t've or cooperative
to allow
any person who is not at
least 18 years of age
on the premises during hours of o erp ation
unless
that person is qualified
patient, or a primary
caregiver, and is accompanied by their parent
or guardian.
k Ain shall be postod ini 11 n r in i11 fll
"The diyersion of cannabis for non - medical purposes is a violation of State law. Loitprin at t the
locaPi!2n of a m is cannabis dispensing _ collective for an illegal purpose is prohibited by
12
California Penal Code section 647(b) N_o medical cannabis shall be smoked, ingested or
Qlherwise consumed in the within fifty 50 fcQt of- a medical rannabis
collectiye or cooperative," n in 14-pQint font r larger upQn 8 ' 1
der and posted at sa - . us part of such site
1. 'M_
ieeaiusn�L��a. »es�o�ue: �[s �7ra:�niertEies � �ar�J � n
fY9,rv"MM�II��W�i.i1�1�WWWNfNYWI
I�
>
>
PKrm.ptm
health,
)
VAthin
the ,
Am
1. 'M_
ieeaiusn�L��a. »es�o�ue: �[s �7ra:�niertEies � �ar�J � n
13
fY9,rv"MM�II��W�i.i1�1�WWWNfNYWI
I�
13
PKrm.ptm
MW It
Am
i \
13
A R
iS tWE) !2)
n loegyely
ef epefme as-11F.
(e) iedieFl fnaf FatiVe
u "quAfied
o
by>
veluateer; >
making available medioa4
��er-vv"euteompensafien.
rr
rr
It AM! be unlawful fer- any iper-sen er- entity te ewii,
ef epefme as-11F.
"medieal
u "quAfied
> dislf4bi#ed
followingi.
by>
veluateer; >
n "idefififieafien
rr
rr
u
8 Cede
and
113 62.
S. et seq.
and afety se
efien
It AM! be unlawful fer- any iper-sen er- entity te ewii,
ef epefme as-11F.
manage,
eendueh
> dislf4bi#ed
followingi.
by>
veluateer; >
�Tl7r � 1
SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -121
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck- through as follows):
■ a�U t�J 17..1R.. a r s1... -..R! Y! SS S ...l�l. a .1R f 91�J. Y �I�
-
a� � .IRSS•:.R���s•�...�+.����+�aa. � .acsRixY�i
14
> dislf4bi#ed
followingi.
by>
■ a�U t�J 17..1R.. a r s1... -..R! Y! SS S ...l�l. a .1R f 91�J. Y �I�
-
a� � .IRSS•:.R���s•�...�+.����+�aa. � .acsRixY�i
14
(e) All tefms used in Ais
{L 77 Li inc4uding but not lifnited to 9 medieal marijuana-,qualified
]S IC• SS L{ ]7
}
Health and _ga tom, Code sent.,,,, 11.11'36-27 5 et se
SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
MDR NOT
r
} of mak4ag available
7
)
pvrrpyr
r _
r V. Mr.
..
PMTrImm
_
.
a
_
...
... - -
-
..
(e) All tefms used in Ais
{L 77 Li inc4uding but not lifnited to 9 medieal marijuana-,qualified
]S IC• SS L{ ]7
}
Health and _ga tom, Code sent.,,,, 11.11'36-27 5 et se
SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
} of mak4ag available
7
)
8
7
1
medioal
}
.
(e) All tefms used in Ais
{L 77 Li inc4uding but not lifnited to 9 medieal marijuana-,qualified
]S IC• SS L{ ]7
}
Health and _ga tom, Code sent.,,,, 11.11'36-27 5 et se
SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
any product, other than that which is clearly and traditionally incidental and essential to a
particular retail activity.
(b (e) A hookah parlor as defined in section 41 -73.5 of this Code.
4c� (-}Any use which is more specifically identified as a permitted use or as a use which may be
permitted subject to the issuance of a conditional use permit in one or more use districts pursuant
to Article lII of this chapter.
SECTION 6 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 21 -119
The People of the City of Santa Ana do hereby enact and ordain that Section 21 -119 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck - through language is existing and to be deleted):
Sec. 21 -119. - Gross receipts tax rates.
Gross receipts tax rates for the different classifications are as follows:
(1) Classification "A" All businesses for which no tax is specified elsewhere in this Article,
including, but not limited to: retail businesses and sales at retail, services (including real estate
brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock
and bond brokers, commission agents, brokers or merchants, building and loans, and recreational
services), hotels, motels, theaters, and food establishments:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over
.....1,000,000.00
(2) Classification "B "— Manufacturing, processing, wholesale businesses and sales at
wholesale, sales of gasoline and motor fuels, and telephone services:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.30 per $1,000.00 to .....$100,000.00
0.25 per 1,000.00 to .....300,000.00
0.20 per 1,000.00 to .....600,000.00
0.15 per 1,000.00 to .....1,000,000.00
16
0.10 per 1,000.00 over .....1,000,000.00
(3) Classification "C "— Rental of commercial real estate:
For the first property location licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.40 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,400.00 over..... 1,000,000.00
For each additional property location licensed, a basic rate of $10.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over..... 1,000,000.00
(4) Classification "D"—Junk yards, automobile wrecking yards and salvage yards; junk
dealers, junk collectors, automobile dismantlers, junk salvagers, and junk recyclers:
For each separate place of business licensed, a basic rate of $100.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(5) Classification "F "— cannabis businesses:
Eve person engaged in a cannabis business not h specifically—taxed by other_
business x r f this Chapter. 1 pay a business x of 0 f r
1,000, 00 f grQss recei or fractional pail thereof.
For the Durpose of this Section, "cannabis business" means business activity 1 in
but not limited hauestin.g, transporting, manufacturing,
compounding, n n r preparing, in k wholesale,
mt it sales f marijuana, any f the plant Cannabis i its riv
specifically includes medical cannabis transfers by collectives and cooperatives, and it
specifically medical r f r s by 12rim= caregiveFs h it life
patients as defined in Chapter 18 Article XIII o this Code.
This is h only i of Santa Ana tax applicable i 1 gannabis collectives
coop .rag fives, and it applies only prospectively_ The City shall make no claim, curreni,.
retroactive,- i e for payrinent by ALiy medical cannabis collective or cooperat '
17
of any other City tax except for the City v portion of any Sales Tax collected by the
California State Board of Equalization.
(d) This tax shall be payable in quarterly installment payments bar any organization falling
under Us Classification "F."
SECTION 7 INITIATIVE NOT TO BE AMENDED OTHER THAN BY VOTERS
This initiative ordinance and every part thereof can only be amended by the Voters of the City of
Santa Ana and cannot be amended by the Santa Ana City Council except as specifically provided
above.
SECTION S SPECIAL OR REGULAR ELECTION
The Voters of the City of Santa Ana hereby expressly request that this initiative ordinance be set
for a special or regular election at the earliest time allowable by law.
6IX"A-01k,
Should any provision of this initiative ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable
or otherwise void, voidable, or invalid, that determination shall have no effect on any other
provision, or the application of this initiative ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable. By approving this ordinance the voters intend
that each section and sub- section be explictly severable, part -by -part, phrase -by- phrase, and
word -by -word, thus that the minimum language held invalid be severed.
W