HomeMy WebLinkAbout2017-074 - Execute Adult-Use Cannabis Retailer Operating AgreementsLS 11.21.17
RESOLUTION NO. 2017-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO ACCEPT APPLICATIONS FOR ADULT -
USE CANNABIS RETAIL OPERATIONS AND
AUTHORIZING THE CITY MANAGER TO ISSUE
OPERATIONAL LETTERS TO THE STATE FOR ANY
APPLICANT THAT MEETS ALL CONDITIONS SET FORTH
HEREIN AND TO EXECUTE ADULT -USE CANNABIS
RETAILER OPERATING AGREEMENTS
WHEREAS, the City has adopted an ordinance to permit certain adult -use
cannabis retail uses in the City's M1 and M2 zones; and
WHEREAS, the State is developing a permitting process and intends to issue
temporary operating permits if a City deems an applicant to be operational; and
WHEREAS, the City has decided to permit adult -use cannabis retail uses at all
existing, legally operating medical cannabis collectives/cooperatives where such
operators are not in violation of any laws and have paid all fees and taxes.
WHEREAS, pursuant to Chapter 40 of the Santa Ana Municipal Code, all
existing medical marijuana collectives/cooperatives that wish to sell adult -use
cannabis, as well as any new Adult -Use cannabis retail business seeking to operate in
Santa Ana, must enter into an operating agreement with the City. The agreement will
specify terms and conditions including local hiring and sourcing, community benefit
plans, and fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares asfollows:
A. The City Manager is authorized, but not required, to accept applications for
adult -use cannabis retail operations in advance of the effective date of the
Ordinance.
B. The City Manager is authorized, but not required, to issue operational letters
to the State for any applicant who files an application for a permit under the
Ordinance so long as the applicant meets all of the following conditions:
1. The applicant has been engaged in legal cannabis operations in
accordance with the Santa Ana Municipal Code in an M1 or M2 zone in
the City by December 14, 2017.
Resolution No. 2017-074
Page 1 of 3
2. The applicant has no outstanding violations of any Santa Ana
Municipal Code or State law.
3. The applicant has paid and is not delinquent in paying any City or
State fees or taxes.
4. The applicant has executed an Adult -Use Cannabis Retailer
Operating Agreement with the City.
C. The City Manager is hereby authorized to enter into and execute the Adult -
Use Cannabis Retailer Operating Agreement(s) for the existing medical
marijuana collectives/cooperatives that wish to sell Adult -Use cannabis, as well
as any new Adult -Use cannabis retail business in accordance with Chapter 40.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this 21St day of November, 2017.
• M-/�W •• y
•
APPROVED AS TO FORM:
By:�-
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Benavides Solorio, Tinalero, Villegas (4)
NOES: Councilmembers Martinez (1)
ABSTAIN: Councilmembers Pulido Sarmiento (2)
NOT PRESENT: Councilmembers None (0)
Resolution No. 2017-074
Page 2 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2017-074 to be the original resolution adopted by the City Council of the
City of Santa Ana on November 21, 2017.
Date: II GL�ayz,
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2017-074
Page 3 of 3