HomeMy WebLinkAbout11B - 2ND READ ORD - MMDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 5, 2017
TITLE:
ORDINANCE SECOND READING -
AMENDMENT NO. 2017-01 TO AMEND
CERTAIN SECTIONS OF CHAPTER 18 AND
21 OF THE SANTA ANA MUNICIPAL CODE
(MEDICAL MARIJUANA COLLECTIVES /
COOPERATIVES AND LICENSES) — CITY OF
SANTA ANA, APPLICANT {STRATEGIC PLAN
NOS. 3, 2; 3, 51
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 si Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
DISCUSSION
On June 20, 2017, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 5-0 (Pulido abstained and Tinajero absent):
ORDINANCE NO. NS -2918 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING CERTAIN SECTIONS OF CHAPTER 18 AND CHAPTER 21 OF THE SANTA ANA
MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA COLLECTIVES (SECTION 18-611,
SECTION 18-613, SECTION 18-617.5, SECTION 18-618, SECTION 18-620, SECTION 18-621, AND
SECTION 18-622 OF ARTICLE XIII OF CHAPTER 18), AND ADDING SECTION 21-131 OF ARTICLE XII
OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is imp/act associated with this action.
n�Ye
Maria D. Huizar,
Clerk of the Council
EXHIBIT: Ordinance No. NS -2918
11 B-2
LS 7.5.17
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING CERTAIN SECTIONS OF CHAPTER 18 AND
CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO MEDICAL MARIJUANA COLLECTIVES (SECTION
18-611, SECTION 18-613, SECTION 18-617.5, SECTION 18-618,
SECTION 18-620, SECTION 18-621, AND SECTION 18-622 OF
ARTICLE XIII OF CHAPTER 18), AND ADDING SECTION 21-131 TO
ARTICLE XII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana
Regulatory Program ordinance ("Measure BB") allowing up to twenty (20) medical
marijuana retail cannabis collectives/cooperatives ("dispensaries").
B. Following the adoption of Measure BB, the provisions of the measure were codified
in Chapters 18 and 21 of the Santa Ana Municipal Code. The City also established
an implementation plan, enforcement program, administrative policies, and best
practices.
C. In May 2016, following initial implementation of the ordinance, the City held a
roundtable discussion that invited stakeholders, dispensary owners, and members
of the medical marijuana industry to meet with City staff regarding the
implementation of Measure BB. A second roundtable was held in February 2017.
Participants of the roundtable discussions voiced opinions on various aspects of the
regulatory program and provided their recommendations for future policy level
consideration.
D. Following these roundtable discussions, staff prepared options to streamline
Measure BB and create more business -friendly conditions for the existing
collectives/cooperatives.
E. The City of Santa Ana proposes to amend Chapter 18 to allow the following
modifications to the existing medical marijuana ordinance/Measure BB:
1. Increased signage opportunities, 2. Increased hours of operation, 3. Eliminate
cash reserve limits, 4. Allow delivery services, 5. Amend financial audit
requirements, 6. Adopt by ordinance certain administrative procedures, 7. Add
definitions to the ordinance, 8. Allow Transferability of Collective/Cooperative
Business License, as well as general updating of the ordinance.
Ordinance No. NS-XXXX
Page 1
11 B-3
F. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of section 418 of the Charter
of the City of Santa Ana. Any such restatement of existing provisions of the Code is
not intended, nor shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for tracking purposes only
in conformance with the Charter.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the
state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review
pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it
can be seen with certainty that there is no possibility that the project may have a
significant effect on the environment. As a result, a Notice of Exemption will be filed upon
the adoption of this ordinance.
Section 3. Section 18-611, subdivisions (r), (s) and (t) are hereby added to Article
XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows:
Sec. 18-611. - Definitions. (Not in alphabetical order)
(a) "Cultivation" and/or "Cultivate" shall mean the planting, growing, harvesting, drying,
processing, or storage of one (1) or more marijuana plants or any part thereof.
(b) "Medical marijuana collective" or "cooperative" or "collective" means any facility or location
where medical marijuana is made available and/or distributed by or to one (1) or more of the
following: a primary caregiver, a qualified patient or a person with an identification card in
strict accordance with California Health and Safety Code Section 11362.5 et seq., as
sometimes amended. A "medical marijuana collective" shall not include the following uses,
as long as the location of such uses are otherwise regulated by this Code or applicable law: a
clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health
care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a
residential care facility for persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the
elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a
residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of
the Health and Safety Code, as long as such use complies strictly with applicable law
including, but not limited to, Health and Safety Code Section 11362.5 et seq.
(c) 'Identification card" shall have the same definition as that contained in Health and Safety
Code § 11362.7 et seq., as sometimes amended.
(d) "Manager" means any person responsible for the establishment, organization, supervision, or
oversight of the operation of a Collective, including but not limited to members who perform
the functions of president, vice-president, director, operating officer, financial officer,
secretary, or treasurer. Ability to control one (1) or more of the following functions shall be
prima facie evidence that such person is a manager:
(1) To hire, select, or separate employees or staff, including volunteers;
(2) To acquire facilities, furniture, equipment or supplies other than occasional replenishment
of stock;
Ordinance No. NS-XXXX
Page 2
11 B-4
(3) To disburse funds of the business other than occasional expenditures for replenishment
of stock; or
(4) To make, or participate in making, policy decisions relative to the operations of the
business.
(e) "Marijuana' shall have the same definition as that contained in Health and Safety Code §
11018 as sometimes amended.
(f) "Medical marijuana' shall have the same definition as that contained in Health and Safety
Code § 11362.5 et seq., as sometimes amended.
(g) 'Primary caregiver" shall have the same definition as that contained in Health and Safety
Code § 11362.5 and 11362.7, as sometimes amended.
(h) "Qualified patient' shall have the same definition as that contained in Health and Safety Code
§ 11362.5 as sometimes amended.
(i) 'Private Residence" shall have the same definition as that contained in Health and Safety
Code section 11362.2(5).
(j) 'Premises" means a single, legal parcel of property. Where contiguous legal parcels under
common ownership or control, such contiguous legal parcels shall constitute a single
"premises' for purposes of this chapter.
(k) 'Parcel' means property assigned a separate parcel number by the Orange County
assessor.
(1) "Marijuana Products' shall have the same definition as that contained in Health and Safety
Code section 11018.1.
(m) "Marijuana Accessories' shall have the same definition as that contained in Health and
Safety Code section 11018.2.
(n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of
marijuana plants for personal use within a private residence or accessory structure to a
private residence.
(o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting, drying, or
processing of marijuana plants in any structure other than a private residence.
(p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of
marijuana plants in any location within the City of Santa Ana that is not within a fully enclosed
and secure structure.
(q) "Fully enclosed and secure structure' means a space within a building, greenhouse or other
structure which has a complete roof enclosure supported by connecting walls extending from
the ground to the roof, which is secure against unauthorized entry, provides complete visual
screening, and which is accessible only through one or more lockable doors.
(r) "Delivery" means the commercial transfer of medical cannabis or medical cannabis
products from a dispensary, up to an amount determined to be authorized by the State of
California, or any of its departments or divisions, to qualified patients and their caregivers.
"Delivery" also includes the use by a dispensary of any technology platform owned, controlled,
and/or licensed by the dispensary, or independently licensed by the State of California under the
State law (as amended from time to time), that enables anyone to arrange for or facilitate the
Ordinance No. NS-XXXX
11B-5 Page 3
commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.
For the purposes of this article, "delivery" does not include distribution or purchase of cannabis
from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a
licensed dispensary or a wholesale establishment.
(s) "Dispensary" means a premises where medical cannabis or medical cannabis products, or
devices for the use of medical cannabis or medical cannabis products are offered, either
individually or in any combination, for retail sale, including an establishment that delivers,
pursuant to Business and Professions Code § 19340, medical cannabis and medical cannabis
products as part of a retail sale.
(t) 'Responsible person" means any of the following:
(1) A person who causes a Code violation to occur.
(2) A person who maintains or allows a Code violation to continue, by his or her action or
failure to act.
(3) A person whose agent, employee, or independent contractor causes a Code violation
by its action or failure to act.
(4) A person who is the owner of, and/or a person who is a lessee or sub lessee with the
current right of possession of, real property where a property -related Code violation
occurs.
(5) A person who is the on-site manager of a business who normally works daily at the
site when the business is open and is responsible for the activities of such premises.
For the purposes of this section "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal
entity.
Section 4. Section 18-613 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-613. - Operating Standards.
(a) At all times the collective is open, a collective shall provide at least one security guard who is
licensed, possesses a valid Department of Consumer Affairs "security guard card", and has a
valid Santa Ana Business License.
(b) The security guard and collective personnel shall monitor the site and the immediate vicinity
of the site to assure that patrons immediately leave the site and not consume medical
marijuana in the vicinity of the collective or on the property or in the parking lot.
(c) Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code
and may not be externally or internally illuminated. Interior signage or advertising may not be
visible from the exterior. Collectives and dispensaries must comply with the advertising and
marketing provisions of Business and Professions Code §§ 26150-26155.
(d) No recommendations from a doctor for medical marijuana shall be issued on-site.
(e) There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of
food, alcohol, tobacco or marijuana by patrons.
Ordinance No. NS-XXXX
Page 4
11 B-6
(f) Hours of operation shall be limited to: 7:00 a.m. to 11 p.m. daily. No licensed
dispensary/collective shall be open to the public between the hours of 11:01 p.m. and 6:59
a.m. of any day.
(g) The property provides a sufficient odor absorbing ventilation and exhaust system so that odor
generated inside the property is not detected outside the property, anywhere on adjacent
property or public rights-of-way, or within any other unit located within the same building as
the collective.
(h) A collective shall only dispense medical marijuana to qualified patients and their caregivers
as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall
include possession of an original valid doctor's recommendation, not more than one (1) year
old, for medical marijuana use by the patient.
(i) A collective shall notify patrons of the following both verbally and through posting of a sign in
a conspicuous location:
(1) Use of medical marijuana shall be limited to the patient identified on the doctor's
recommendation. Secondary sale, barter or distribution of medical marijuana is a crime
and can lead to arrest.
(2) That loitering on and around the collective site is prohibited by California Penal Code §
647(e) and that patrons must immediately leave the site and not consume medical
marijuana in the vicinity of the collective or on the property or in the parking lot.
(3) Forgery of medical documents is a felony crime.
(4) A warning that patrons may be subject to prosecution under federal marijuana laws.
(5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle
or operate machinery.
0) A collective shall not provide marijuana to any individual in an amount not consistent with
personal medical use.
(k) Reserved.
(1) No one under twenty-one (21) years of age shall be permitted to enter establishment, unless
such person is a qualified patient and is accompanied by his or her primary caregiver,
licensed attending physician, parent(s) or documented legal guardian.
(m) A collective shall provide the name and phone number of an on-site staff person to the police
department and the Code Enforcement Division of the Planning and Building Agency for
notification if there are operational problems with the establishment.
(n) Each collective operator(s) and employees shall complete a criminal background check.
Employees, managers or volunteers may not have been convicted of, or plead guilty/no-
contest to a felony or misdemeanor drug charge within the past four (4) years.
(o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the
marijuana plant may be kept or maintained on-site for distribution to qualified patients and
primary caregivers as follows:
(1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana
for consumption on-site, however, upon provision to a qualified patient or primary
caregiver, that person may use the cuttings to cultivate marijuana plants off-site for their
Ordinance No. NS-XXXX
Page 5
11 B-7
own use and they may also return marijuana from the resulting mature plant for
distribution by the collective.
(2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut
from a marijuana plant, which is no more than six (6) inches in length, and which can be
used to grow another plant in a different location.
(p) A collective shall comply with applicable provisions of the California Health and Safety Code
§§ 11362.5 through 11362.83, inclusive.
(q) If food is distributed, the collective shall comply with all relevant state laws and city
ordinances pertaining to the preparation, distribution and sale of food.
(r) The location, interior and exterior, shall be monitored at all times by web -based closed-circuit
television for security purposes. The camera and recording system must be of adequate
quality, color rendition and resolution to allow the ready identification of any individual
committing a crime anywhere on or adjacent to the location. The recordings shall be
maintained for a period of not less than ninety (90) days. The police department may request
the recordings in connection with an investigation. If the recordings are not voluntarily
provided, the police department may seek a warrant or court order for the recordings.
(s) The location shall have a centrally -monitored fire and burglar alarm system and the building
or the portion of the building where the collective is located shall contain a fire -proof safe.
(t) No manufacture of concentrated cannabis in violation of California Health and Safety Code
section 11379.6 is allowed.
(u) No collective shall operate for profit. Cash and in-kind contributions, reimbursements, and
reasonable compensation provided by members towards the collective's actual expenses of
the growth, cultivation, and provision of medical marijuana shall be allowed provided that
they are in strict compliance with State Law. All such cash and in-kind amounts and items
shall be fully documented.
(v) If the collective operator is not the owner of the property where the collective is to operate,
the operator shall provide evidence that the property owner(s) consent to the operation of a
collective on the property.
(w) Collectives must obtain and maintain a valid City business license at all times as a condition
for receiving, renewing, and maintaining their regulatory safety permit.
(x) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire
Code, and the maximum occupancy load shall be posted at the main entrance.
Section 5: Section 18-615 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read as follows:
Sec. 18-615. - Zones permitted.
Collectives. No collective shall operate within a residential (R-1, R-2, R-3, R-4, RE, CR)
zone, Professional (P) zone, Arterial Commercial (C-5) zone, Planned Shopping Center (C-4)
zone, Specific Development (SD), Specific Plan (SP) or Agricultural (A-1) zone. A Collective may
only operate in an Industrial zone (M-1, M-2) in accordance with this article.
Ordinance No. NS-XXXX
Page 6
11 B-8
Section 6: Section 18-617.5 of Article XIII of Chapter 18 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 18-617.5. - Audits.
Annual audits. No later than June 30 of every year, each collective shall file with the City
an audit or financial review of its operations of the previous calendar year. The form and
contents of the document shall be specified by the Executive Director of Finance and
Management Services, or his/her designee.
Section 7: Section 18-618 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-618. - Inspection and enforcement responsibilities.
The Code Enforcement Division of the Planning and Building Agency may enter and inspect
the location of any collective between the hours of 7:00 a.m. and 11:00 p.m., or at any
reasonable time, to ensure compliance with this article. In addition, a designated unit within the
police department may enter and inspect the location of any collective and the recordings and
records maintained as required by this article, except that the inspection and copying of private
medical records shall be made available to the police department only pursuant to a properly
executed search warrant, subpoena, or court order. It is unlawful for any owner, responsible
person, landlord, lessee, member (including but not limited to a member engaged in the
management), or any other person having any responsibility over the operation of the collective
to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records
and closed-circuit monitoring authorized and required under this article, including but not limited
to, the concealment, destruction, and falsification of any recordings, records, or monitoring.
Section 8: Section 18-620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-620. - Compliance with this article and state law.
(a) It is unlawful for any person to:
(i) Cause, permit or engage in the cultivation, possession, distribution or giving
away of marijuana, or
(ii) Own establish, operate, use or permit the establishment or operation of a
medical marijuana collective or cooperative, or to participate as an employee,
contractor, agent, responsible person or volunteer of a collective or cooperative,
except as provided in this article, and pursuant to any and all other applicable local
and state laws.
(iii) The prohibition in subsection (ii) above includes, renting, leasing, or
otherwise permitting a medical marijuana business to occupy or use a location,
vehicle, or other mode of transportation.
Ordinance No. NS-XXXX
Page 7
11 B-9
(b) It is unlawful for any person to cause, permit or engage in any activity related to
medical marijuana except as provided in Health and Safety Code Sections 11362.5 et
seq., and pursuant to any and all other applicable local and state laws.
(c) It is unlawful for any person to knowingly make any false, misleading or inaccurate
statements or representations in any forms, records, filings or documentation required to
be maintained, filed or provided to the City under this article, or to any other local, state or
federal government agency having jurisdiction over any of the activities of collectives.
(d) It shall be the sole responsibility of the members engaged in the management of
the collective to ensure that the collective is at all times operating in a manner compliant
with all applicable state laws and this article. Nothing in this article shall be construed as
authorizing any actions which violate state law with regard to the cultivation,
transportation, provision, and sale of medical marijuana.
(e) Cultivation of Marijuana.
(1) Personal Cultivation. Individuals 21 years of age or older may plant,
cultivate, harvest, dry, or process up to (6) living marijuana plants for
personal use in a private residence or accessory structure to a single
private residence in the City of Santa Ana and must comply with the
following requirements:
(i) The marijuana cultivation area shall be located indoors within a
private residence or accessory structure on a single parcel of
property;
(ii) No more than six (6) living marijuana plants is permitted for indoor
personal cultivation;
(iii) Marijuana in excess of 28.5 grams produced by plants kept for
indoor personal cultivation must be kept in a locked space on the
grounds of the private residence not visible from the public right -of
way.
(iv) There shall be no exterior visibility or evidence of marijuana
cultivation outside the private residence from the public right-of-
way, including but not limited to any marijuana plants, equipment
used in the growing and cultivation operation, or any light
emanating from the cultivation; or
(v) The cultivation may not violate any California Building, Electrical
or Fire Codes or any other health and safety standards.
(2) Commercial Cultivation. Commercial cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
qualified patient or primary caregiver, shall engage, permit, or participate
in the commercial cultivation of marijuana in the City.
(3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
Ordinance No. NS-XXXX
Page 8
11B-10
qualified patient or primary caregiver, shall engage, permit, or participate
in the outdoor cultivation of marijuana in the City.
(4) Nuisance.
(i) It is hereby declared to be unlawful, a public nuisance, and a violation of this
Chapter for any person owning, leasing, occupying, or having charge or possession of any
parcel within the City to cause or allow such parcel to be used for the cultivation of
marijuana, unless the person is authorized by state law to grow marijuana within a private
residence, and such authorized person is complying with all requirements of this Chapter.
(5) Public Nuisance Prohibited.
(i) It is hereby declared to be unlawful and a public nuisance for any person owning,
leasing, occupying, or having charge or possession of any parcel within the City to create
a public nuisance in the course of cultivating marijuana plants or any part thereof in any
location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity
produces:
(1) Odors which are disturbing to people of reasonable
sensitivity residing or present on adjacent or nearby
property or areas open to the public;
(2) Repeated responses to the parcel by law enforcement
personnel;
(3) A repeated disruption to the free passage of persons or
vehicles in the neighborhood, excessive noise which is
disturbing to people of normal sensitivity on adjacent or
nearby property or areas open to the public;
(4) Any other impacts on the neighborhood which are
disruptive of normal activity in the area including, but not
limited to, grow lighting visible outside the dwelling,
excessive vehicular traffic or parking occurring at or near
the dwelling, and excessive noise emanating from the
dwelling.
(5) Outdoor and Commercial growing and cultivation of
marijuana.
(f) A permitted medical marijuana dispensary may deliver medical marijuana only to a
qualified patient or caregiver. Medical marijuana delivery services by dispensaries
possessing regulatory safety permits must comply with Business and Professions Code
§19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can
only be made in a city or county that does not expressly prohibit it by ordinance. Delivery
services by dispensaries not in possession of regulatory safety permits is expressly
prohibited.
Section 9: Section 18-621 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Ordinance No. NS-XXXX
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11B-11
Sec. 18-621. - Violation and enforcement.
A. Violation/enforcement
Each and every violation of this article shall constitute a separate violation and shall
be subject to all remedies and enforcement measures authorized by this Code.
Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive
relief, revocation of the collective's registration, revocation of the certificate of occupancy
for the location, disgorgement and payment to the City of any and all monies unlawfully
obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or
remedy available at law or equity. The City may also pursue any and all remedies and
actions available and applicable under local and state laws for any violations committed by
the collective and persons related or associated with the collective.
B. Suspension or revocation.
When the Chief of Police finds that any person holding a regulatory safety permit
under the provisions of Chapter 18 has violated the provisions of this chapter or is found
guilty of conduct which would form the basis of denial of the regulatory safety permit as set
forth in Article XIII of Chapter 18, s/he may revoke or suspend the permit. No such
revocation shall become effective until the regulatory safety permit holder has been
notified in writing by certified mail of the right to appeal the revocation decision pursuant to
the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be
effective only upon decision of the City Council. Otherwise, the revocation shall become
effective after the timely appeal period has passed.
Section 10: Section 18-622 of Article XIII of Chapter 18 of the Santa Ana Municipal Code
is hereby added to read in full as follows:
Sec. 18.622. — Transfer of Ownership.
A. Upon the transfer of any interest in a collective/cooperative, the regulatory safety permit
shall be null and void. Any person, firm or entity desiring to own or operate the
collective/cooperative shall make a new application. Prior to or concurrent with the
submission of said application the transferee shall obtain all required business licenses,
post all required security deposits, acquire all necessary, certificates, permits or other
licenses allowing the doing of any act which the person paying or holding the same would
not otherwise be entitled to do; and any permit, license, variance or other instrument of
approval or evidence that any conditions exist as required by any other section of this
Code or by any statute or code provisions of the state must first be obtained or complied
with before the doing of any act or thing for which it is required. A fee as established by
resolution of the City Council shall be payable for each such application involving transfer
of any interest in an existing collective/cooperative. The provisions of section 18-617.1 and
18-617.2 of this chapter shall apply to any person, firm, or entity applying for a regulatory
safety permit for premises previously used as such establishment.
B. Any such transfer of any interest in an existing collective/cooperative or any application
for an extension or expansion of the building or other place of business of the
Ordinance No. NS-XXXX
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11B-12
collective/cooperative shall require inspection and compliance with section 18-618 of this
chapter.
C. The owner or operator of a collective/cooperative shall be responsible for notifying the
City of any intention to rename, change management, or convey the business to another
person/entity. Notification to the City must be made a minimum of sixty (60) days prior to
such transfer.
Section 11: Section 18-622-649 of Article XIII of Chapter 18 of the Santa Ana Municipal
Code is hereby amended to read in full as follows:
Secs. 18.623-18-649. - Reserved.
Section 12: Section 21-131 is hereby added to Article XII of Chapter 21 of the Santa Ana
Municipal Code and shall read as follows:
Sec. 21-131. — Transferability of Collective/Cooperative Business License
Section 21-67 of this chapter notwithstanding, business licenses issued to
Collective/Cooperatives pursuant to this article shall be transferable or assignable upon
presentation of a valid regulatory safety permit issued in the name of the transferee or assignee.
Section 13. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases,
or portions be declared invalid or unconstitutional.
Ordinance No. NS-XXXX
11B-13 Page 11
ADOPTED this day of
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
AYES
Miguel A. Pulido
Mayor
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
2017.
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXXX
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