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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />medical necessity from the Act's prohibition on the sale and distribution of marijuana; and <br />WHEREAS, after studying various alternatives for the regulation of medical <br />marijuana dispensaries, considering testimony from members of the public, and reviewing the <br />legal status of medical marijuana dispensaries under applicable law, the City Council finds that <br />adoption of a ban on the establishment and operation of medical marijuana dispensaries is <br />necessary to protect the public health, safety, and welfare; and <br />WHEREAS, the City Council wishes to allow various and diverse uses of land, <br />operations and businesses within Colton; and <br />WHEREAS, the City Council recognizes that certain uses of land, operations and <br />businesses may be prohibited under state law or under federal law; and <br />WHEREAS, the City Council wishes to ensure that all uses, operations and <br />businesses within the City are permitted under both state and federal law, in order to protect the <br />health and welfare of residents of and visitors to Colton; <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON <br />DOES ORDAIN AS FOLLOWS: <br />SECTION 1. The City Council hereby adopts the recitals and findings set forth <br />above and in the staff report prepared in connection with this ordinance. <br />SECTION 2. Section 5.02.370 of Section 5.02 ("Business Licenses and Taxes <br />Generally") of Title 5 ("Business Licenses and Regulations") is hereby added to read as follows: <br />"5.02.370 Prohibition of Businesses or Uses that Violate State <br />or Federal Law <br />No license issued or payment of business tax under the provisions <br />of this chapter shall be construed as authorizing the conduct or <br />continuance of any illegal business or of a legal business in an <br />illegal manner. Notwithstanding any provision in this code to the <br />contrary, any business, operation or use that cannot be conducted <br />or carried out without being in violation of state or federal law <br />shall be prohibited in all planning areas, districts, or zones within <br />ORANGE\fIKENNY\36204.1 -2- <br />