This chapter shall be known as the "Cannabis Business Permit
Ordinance of the City of Guadalupe (City)."
(Ord. 2021-494 §2)
It is the purpose and intent of this chapter to implement the
provisions of the Medicinal and Adult Use Cannabis Regulation and
Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons
in need of cannabis for medicinal purposes as recommended by their
health care provider(s), and to provide access to same. It is also
the purpose and intent of this chapter to provide access to adult-use
cannabis for persons aged 21 and over as authorized by the Control,
Tax and Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition
64" approved by California voters in 2016), while imposing sensible
regulations on the use of land to protect the City's residents, neighborhoods,
and businesses from disproportionately negative impacts. It is the
purpose and intent of this chapter to regulate the commercial cultivation,
processing, manufacturing, testing, sale, delivery, and distribution
of cannabis and cannabis products in a responsible manner to protect
the health, safety, and welfare of the residents of the City and to
enforce rules and regulations consistent with State law.
(Ord. 2021-494 §2)
This chapter is adopted pursuant to the authority granted to
the City by Sections 5 and 7 of Article XI of the California Constitution,
and the provisions of the Medicinal and Adult Use Cannabis Regulation
and Safety Act (hereinafter "MAUCRSA").
(Ord. 2021-494 §2)
Except as specifically authorized by this chapter, the commercial
cultivation, manufacture, processing, storing, laboratory testing,
labeling, sale, delivery, distribution, or transportation (other than
as provided under Business and Professions Code Section 26090(e))
of cannabis or cannabis products is expressly prohibited in the city.
(Ord. 2021-494 §2)
It is the responsibility of the owners and operators of any
commercial cannabis business within the city limits to ensure that
they operate in a manner compliant with this chapter, all applicable
State and local laws, and any regulations promulgated thereunder,
including but not limited to the MAUCRSA.
(Ord. 2021-494 §2)
All definitions pertaining to cannabis regulation that appear
in Business and Professions Code Section 26001, as codified by Senate
Bill 94, the MAUCRSA of 2017, are hereby incorporated by reference.
Definitions appearing in this ordinance are either those that are
not covered by State law, pre-date Proposition 64 and the MAUCRSA,
or are outside the scope of Business and Professions Code Section
26001.
means a person, or persons, or an entity that submits an
application for a cannabis business permit under this chapter.
means the Bureau of Cannabis Control with the California
Department of Consumer Affairs, or its successor the Department of
Cannabis Control which becomes effective July 1, 2021.
shall have the same meaning as that appearing in Business
and Professions Code Section 26001(f).
means a regulatory permit issued by the City pursuant to
this chapter, to a commercial cannabis business and is required before
any commercial cannabis activity may be conducted in the city. The
initial permit and annual renewal of a commercial cannabis business
is made expressly contingent upon the business' ongoing compliance
with all of the requirements of this chapter and any regulations adopted
by the City governing the commercial cannabis activity at issue.
means a person or entity that has received a cannabis business
permit from the City as authorized under this chapter.
shall have the same meaning as that appearing in Title 3, Section 8000(f) of the California Code of Regulations.
has the same meaning as that term is defined in Health and
Safety Code Section 11362.7.
means any business or operation which engages in medicinal
or adult-use commercial cannabis activity.
means any activity involving the retail sale of cannabis
or cannabis products from a retailer.
shall have the same meaning as that appearing in Section
26070 of the Business and Professions Code.
means an area in which cannabis is stored or held and is
only accessible to a licensee and authorized personnel.
means raw cannabis that has undergone a process whereby the
raw agricultural product has been transformed into a concentrate,
extraction or other manufactured product intended for internal consumption
through inhalation or oral ingestion or for topical application.
means a location that produces, prepares, propagates, or
compounds cannabis or cannabis products, directly or indirectly, by
extraction methods, independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis, and is owned
and operated by a person issued a valid cannabis business permit for
manufacturing from the City of Guadalupe and, a valid State license
as required for manufacturing of cannabis products.
shall have the same meaning as that contained in Section
26070(a)(3) of the Business and Professions Code.
is a subset of "retailer" and is a licensed retail business
that is closed to the public and provides product to customers solely
by means of a delivery service which the retailer owns and controls.
means any solvent used in the extraction process that is
not a volatile solvent as defined by State law. For purposes of this
chapter, a non-volatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction
or post-extraction processing.
means any of the following:
A person with an aggregate ownership interest of 10% or more
in the person applying for a license or a licensee, unless the interest
is solely a security, lien, or encumbrance.
The manager of a nonprofit or other entity.
A member of the board of directors of a nonprofit.
An individual who will be participating in the direction, control,
or management of the person applying for a license. Such an individual
includes any of the following:
A general partner of a commercial cannabis business that is
organized as a partnership.
A non-member manager or manager of a commercial cannabis business
that is organized as a limited liability company.
An officer or director of a commercial cannabis business that
is organized as a corporation.
An individual entitled to a share of at least 10% of the profits
of the commercial cannabis business.
Any individual who assumes responsibility for the license.
When an entity is an owner in a commercial cannabis business,
all entities, and individuals with a financial interest in the entity
shall be disclosed to the City and may be considered owners of the
commercial cannabis business. For example, this includes all entities
in a multi-layer business structure, as well as the chief executive
officer, members of the board of directors, partners, trustees, and
all persons who have control of a trust and managing members or non-member
managers of the entity. Each entity disclosed as having a financial
interest must disclose the identities of persons holding financial
interests until only individuals remain.
means any container or receptacle used for holding cannabis
or cannabis products.
shall have the same meaning as that contained in California
Health and Safety Code Section 11362.7 et seq., as it may be amended,
and which includes within its definition a person who is entitled
to the protections of California Health and Safety Code Section 11362.5.
shall mean any individual, firm, partnership, joint venture,
association, corporation, limited liability company, estate, trust,
business trust, receiver, syndicate, or any other group or combination
acting as a unit.
shall have the same meaning as that contained in California
Health and Safety Code Section 11362.7.
means a cultivation site that conducts only trimming, drying,
curing, grading, packaging, or labeling of cannabis and nonmanufactured
cannabis products.
shall have the same meaning as that contained in Section
26070(a)(1) of the Business and Professions Code.
means a permit or license issued by the State of California,
or one of its departments or divisions, under the MAUCRSA and any
subsequent related State of California legislation, to engage in cannabis
activity. A State license alone will not authorize the holder to operate
a cannabis business, as State law also requires a permit or other
authorization issued by a local jurisdiction.
means a product intended for external application and/or
absorption through the skin. A topical cannabis product is not considered
a drug as defined by Health and Safety Code Section 109925.
means the transfer of cannabis products from the permitted
business location of one licensee to the permitted business location
of another licensee, for the purposes of conducting cannabis activity
authorized by the MAUCRSA which may be amended or repealed by any
subsequent related State of California legislation. Transport can
only be performed by licensed distributors and does not include deliveries
of cannabis or cannabis products.
means a solvent as defined by Health and Safety Code Section
11362.3(b)(3) as of the effective date of the ordinance codified in
this chapter and as subsequently amended.
means any:
Public or private facility that is primarily used to host recreation
or social activities for minors, including, but not limited to:
Private youth membership organizations or clubs;
Social service teenage club facilities;
Video arcades where 10 or more video games or game machines
or devices are operated, and where minors are legally permitted to
conduct business;
Similar amusement park facilities; or
Must be used for youth activities at least 60% of the time in
a calendar year.
It shall also include a park, playground or recreational area
specifically designed to be used by children which has play equipment
installed, including public grounds designed for athletic activities
such as baseball, softball, soccer, or basketball or any similar facility
located on a public or private school grounds, or on City, County,
or State parks.
This definition shall not include any private martial arts,
yoga, ballet, music, art studio or similar studio of this nature nor
shall it include any private gym, athletic training facility, pizza
parlor, dentist office, doctor's office primarily serving children
or a location which is primarily utilized as an administrative office
or facility for youth programs or organizations.
(Ord. 2021-494 §2)
No person may engage in any cannabis business within the city
including cultivation, manufacture, processing, laboratory testing,
distributing, dispensing, or sale of cannabis or a cannabis product
unless the person meets all of the following requirements:
A.
A valid
cannabis business permit from the City;
B.
A valid
State of California seller's permit; and
C.
Is currently
in compliance with all applicable State and local laws and regulations
pertaining to the cannabis business and the cannabis activities, including
the duty to obtain any required State licenses.
(Ord. 2021-494 §2)
A.
Any
person who is an owner, employee or who otherwise works within a cannabis
business must be legally authorized to do so under applicable State
law.
B.
Cannabis
business owners, operators, investors, managers, and employees shall
be required to submit to a criminal background check for themselves
and all persons in their employment.
C.
The
City shall conduct criminal background checks which must at a minimum
identify the following:
1.
Whether
the individual applying for ownership or employment has ever been
convicted of a violent felony as defined by California Penal Code
Section 667.5 or equivalent offenses in other states;
2.
Whether
the individual applying for ownership or employment has ever been
convicted of a crime involving dishonesty, fraud, or deceit, including,
but not limited to, fraud, forgery, theft, or embezzlement as those
offenses are defined in California Penal Code Sections 186.11, 470,
484, and 504a, respectively; or equivalent offenses in other states;
or
3.
Whether
the individual applying for ownership or employment has ever been
convicted of the illegal use, possession, transportation, distribution,
or similar activities related to controlled substances, as defined
in the Federal Controlled Substances Act, not including cannabis-related
offenses for which the conviction occurred after the passage of the
Compassionate Use Act of 1996.
D.
Evidence of a conviction of any the offenses enumerated in subsection C shall be grounds for denial of ownership or employment.
E.
Violation
of this section shall be grounds for immediate suspension of the business'
operating cannabis business permit, pending a hearing before the City
Administrator or their designee(s) within 30 days for a final determination
of the status of the permit.
(Ord. 2021-494 §2)
A.
Any
person, including, but not limited to, any individual, firm, partnership,
joint venture, association, corporation, limited liability company,
estate, trust, business trust, receiver, syndicate, or any other group
or combination acting as a unit, in which any of the following actions
or notices have been issued for non-compliance, shall not be eligible
to obtain a cannabis business permit from the City or from employment
with a cannabis business permittee in the City of Guadalupe:
1.
The
applicant has been denied a cannabis license or has had a cannabis
license suspended or revoked by any City, County, City and County
or any other State cannabis licensing authority;
2.
The
applicant was notified by the State, County, or City that it was conducting
cannabis activity in violation of City ordinances, codes, and requirements,
and failed to cure the violation in a timely manner;
3.
Evidence
that the applicant is delinquent in payment of Federal, State, or
local taxes and/or fees, and took no steps to cure the delinquency
when notified by the appropriate agencies;
4.
As
of May 25, 2021, applicant was conducting cannabis activity in the
city of Guadalupe in violation of local and State law;
5.
The applicant has entered into either a verbal or written agreement to lease, a sublease, or any other agreement for any terms of use of the premises granted by a property owner, commercial broker, or any third party, who is in violation of Section 9.22.080 unless that property is leased at fair market value, and provided that any such lease, sublease or agreement does not contain terms or conditions requiring the cannabis businesses permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City. All such leases, subleases, or other agreements must be based on a flat monthly rate. Applicants shall be required to provide the City with a copy of their leases if the property owner, commercial broker, or any third party is in violation of Section 9.22.080.
(Ord. 2021-494 §2)
A.
The
number of each type of cannabis business that shall be permitted to
operate in the city shall be established by resolution by the City
Council.
B.
Each
year following the City Council's initial award of permits, if any,
or at any time in the City Council's discretion, the City Council
may reassess the number of cannabis business permits which are authorized
for issuance.
C.
The
City Council at its sole discretion may determine that the number
and/or types of cannabis business permits should remain the same or
be modified.
(Ord. 2021-494 §2)
A.
The
application procedure process shall include a component on community
benefits.
B.
Any
community benefits that a cannabis business agrees to provide shall
be incorporated into the terms and conditions under which the cannabis
business will operate with the City's approval, if and when a cannabis
business permit is issued. Such terms and conditions shall be in addition
to the requirements of this chapter.
C.
Community
benefits may include, but are not limited to: in-kind donations; sponsorship
of community events; financial support or otherwise for special community
events such as fairs, afterschool programs, youth centers, Boys and
Girls Clubs, local schools whether public or private; school athletic
programs; school clubs; community centers, homeless shelters, senior
centers and/or senior living facilities, parks and recreation programs.
D.
The prevailing candidates selected by the City Council pursuant to Section 9.22.140, shall be required to complete negotiations with the City and submit a signed agreement to the City Administrator within 6 months after being selected as a prevailing candidate. For any prevailing candidates selected before the effective date of the ordinance codified in this subsection D, such candidate shall have 6 months from the effective date to comply with this subsection.
(Ord. 2021-494 §2; Ord. 2023-508 §1)
A.
The
City reserves the right to reject any or all applications for a cannabis
business permit. Prior to such permit issuance, the City may modify,
postpone, or cancel any request for applications, at any time without
liability, obligation, or commitment to any party, firm, or organization,
to the extent permitted under California law. Persons submitting applications
assume the risk that all or any part of the program, or any particular
category of permit potentially authorized under this chapter, may
be cancelled at any time prior to permit issuance. The City further
reserves the right to request and obtain additional information from
any candidate submitting an application. In addition to a failure
to comply with other requirements in this chapter, an application
may be rejected for any of the following reasons:
1.
The
application was received after the designated time and date of the
deadline.
2.
The
application did not contain the required elements, exhibits, or was
not organized in the required format.
3.
The
application was considered not fully responsive to the request for
a permit application, i.e., was substantially incomplete.
B.
Once
a prevailing candidate has been selected, the City reserves its rights
to reject such selected candidate if the candidate fails to diligently
pursue the required conditional use permit application and cannabis
business permit. Prior to rejecting a selected candidate, the City
Council will hold a hearing where the candidate may present evidence
as to why the City Council should not reject the selected candidate
from completing the process. The City Council will base its decision
to reject only upon substantial evidence and will not act in an arbitrary
or capricious manner. The City Council's decision will be final and
is subject to the time limits set forth in California Code of Civil
Procedure Section 1094.6 for judicial review.
(Ord. 2021-494 §2; Ord. 2023-508 §2)
A.
By resolution,
the City Council shall adopt procedure guidelines and review criteria
for the City's evaluation of cannabis business permit applications.
B.
The
procedure guidelines shall provide the process for soliciting applications
including time frames, limitations, forms, and rules for completing
applications.
C.
The
review criteria shall include detailed objective review criteria to
be evaluated on a point system or equivalent quantitative evaluation
scale tied to particular sets of criteria.
D.
The
scoring on review criteria shall be used to determine which candidates
will be eligible to participate in the interview or other decision
process as determined by the City Council.
E.
The
City Administrator or the City Administrator's designee(s) shall be
authorized to prepare any necessary forms and adopt any necessary
rules to implement the procedures guidelines and review criteria.
This will also include preparing the process for conducting the interviews
in which all eligible applicants will participate.
F.
At the
time of filing, each applicant shall pay an application fee established
by resolution of the City Council to cover all costs incurred by the
City in the application process.
(Ord. 2021-494 §2)
A.
Applications
will be reviewed per the procedure guidelines and review criteria
and will be either denied or approved.
B.
Once
the proposed locations of approved applications have been identified,
the Planning Director or the Planning Director's designee(s) shall
verify it is properly zoned for the type of license(s) in which the
applicant has applied. If permitted, a zoning verification letter
shall be issued.
C.
Only
approved applications meeting guidelines set by Council resolution
as to cutoff score will be eligible to participate in the interview
process or any further process.
D.
Upon
the completion of the selection process, a public meeting shall be
set in which concerns of residents, businesses, and community organizations
alike may be brought before the City.
E.
The
Planning Director, or the Planning Director's designee(s), shall conduct
the public meeting to solicit community feedback.
F.
Public
notice shall be mailed at least 10 days prior to the public meeting
to the following:
1.
All
property owners of record within a minimum 300-foot radius of the
subject property as shown on the latest available assessment role
or a larger radius if deemed necessary by the Planning Director in
order to provide adequate public notification; and
2.
Any
person or group who has filed a written request for notice regarding
the specific application.
G.
Failure
to Notify Individual Properties. The validity of the proceedings shall
not be affected by the failure of any property owner, resident or
neighborhood or community organization to receive a mailed notice.
H.
Applications shall be vetted by the City Administrator and a team selected by the City Administrator consistent with Section 9.22.130(C). At the conclusion of the vetting process, the City Administrator shall prepare a report with findings and recommendations for consideration by the City Council. The recommendations shall include a summary of any concerns voiced by the community at the public meeting.
I.
The City Council shall either deny or approve the final candidates and shall select the top candidates in each category of the cannabis businesses pursuant to Section 9.22.130(A). The City Council's decision as to the selection of the prevailing candidates shall be final, pending an appeal, in the event an appeal is filed as provided for under Section 9.22.240.
J.
The
City will issue notice to the prevailing candidates that the City
will issue an official cannabis business permit(s) upon the prevailing
applicant(s) obtaining all required land use approvals. Once all required
land use approvals are secured, the City will issue an official cannabis
business permit to any prevailing applicant(s). The City Council's
decision concerning which applicant(s) will be issued an official
cannabis business permit(s) is final and is subject to the time limits
set forth in California Code of Civil Procedure Section 1094.6 for
judicial review.
K.
The
Council may establish an eligibility list and place the unsuccessful
candidates not selected as a prevailing candidate on this list in
the event one or more of the prevailing candidates is unable to complete
the process of obtaining a cannabis business permit. Only candidates
that were interviewed by the Council will be able to be placed on
the eligibility list. The Council may select any of the candidates
on the eligibility list in place of one or more of the prevailing
candidates that fails to complete the process of obtaining a cannabis
business permit.
L.
Once
the prevailing candidates are selected, each such candidate will have
3 months from the date of selection to file an application for a conditional
use permit for the proposed location of the commercial cannabis business
and must obtain issuance of a conditional use permit within 9 months
from the date of selection. This timeframe may be extended by the
City Administrator should it be determined that the City unreasonably
delayed processing the conditional use permit application. For any
candidates previously selected before the effective date of the ordinance
codified in this section, these timelines shall commence upon the
effective date of the ordinance codified in this section. Failure
to comply with these timelines may result in a finding that the candidate
is not diligently pursuing the conditional use permit.
(Ord. 2021-494 §2; Ord. 2023-508 §3)
C.
The expiration of a cannabis business permit shall automatically result in a rejection of the selected candidate as authorized by Section 9.22.120(B), unless renewed as provided in Section 9.22.120, and unless renewed, the candidate shall not be able to obtain issuance of a cannabis business permit unless the City opens up a new application process.
D.
For purposes of determining when a cannabis business permit must be renewed, a cannabis business permit that has been issued, but not yet exercised as provided in subsection B, above, is not required to be renewed until 12 months after the date the permit is exercised. The provisions of Section 9.22.180 shall apply beginning on the date the permit was first exercised.
(Ord. 2021-494 §2; Ord. 2023-508 §4; Ord. 2024-519, 6/11/2024)
A.
If a
location previously approved for a cannabis use has not been in regular
and continuous operation in the preceding 4 months, it shall be considered
abandoned and shall need to reapply for a cannabis business permit
before resuming operations unless mitigating circumstance occur which
was beyond the control of the permittee and an extension has been
authorized by the City Administrator or the City Administrator's designee.
B.
The
approval of a new use shall terminate all rights and approvals of
a cannabis business permit occupying the same site or location.
(Ord. 2021-494 §2)
If an application is denied a permit due to a disqualifying
factor such as failing a background check or not complying with any
State, or local jurisdictions regulatory requirements in which legal
or administrative action has been taken a new application from the
same applicant(s) may not be filed for one year from the date of the
denial. This section shall not apply to an approved applicant who
was not awarded a permit resulting from the City not selecting them
for one of the permits in an application process.
(Ord. 2021-494 §2)
A.
An application for renewal of a cannabis business permit shall be
filed at least 60 calendar days prior to the expiration date of the
current permit, or in the case of a cannabis business permit that
has not yet been exercised, the application for renewal shall be filed
at least 60 calendar days prior to the end of the 12-month period
running from the date the cannabis business permit was first exercised.
B.
The renewal application shall contain all the information required
for new applications.
C.
The applicant shall pay a fee in an amount to be set by the City
Council to cover the costs of processing the renewal permit application,
together with any costs incurred by the City to administer the program
created under this chapter.
D.
An application for renewal of a cannabis business permit may be rejected
if any of the following exists:
1.
The application is filed less than 60 days before its expiration
or a shorter time period which shall be at the discretion of the City
Administrator.
2.
The cannabis business permit is suspended or revoked at the time
of the application.
3.
The cannabis business has not been in regular and continuous operation
in the four months prior to the renewal application or the approved
extension of the deadline from the City Administrator.
4.
The cannabis business has failed to conform to the requirements of
the cannabis business permit or this chapter or any regulations adopted
pursuant to this chapter.
5.
The permittee fails or is unable to renew its State of California
license.
6.
If the State has determined, based on substantial evidence, that
the permittee or applicant is in violation of the requirements of
the State rules and regulations and the State has determined that
the violation is grounds for termination or revocation of the cannabis
business permit.
7.
The applicant filed an application within one year from the date
that a previous application was denied.
E.
The City Administrator or the City Administrator's designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Administrator or the City Administrator's designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Administrator or the City Administrator's designee(s) shall be handled pursuant to Sections 9.22.250 through 9.22.260.
(Ord. 2021-494 §2; Ord. 2024-519, 6/11/2024)
Cannabis business permits may be revoked for any violation of
any State or local laws, and/or rules, and/or standards, policies,
procedures, or regulations in this chapter relating to cannabis.
(Ord. 2021-494 §2)
Suspension of a license issued by the State of California, or
by any of its departments or divisions, shall immediately suspend
the ability of a cannabis business to operate within the city until
the State of California or its respective department or division reinstates
or reissues the State license.
(Ord. 2021-494 §2)
Revocation of a license issued by the State of California, or
by any of its departments or divisions, shall immediately suspend
the ability of a cannabis business to operate within the city until
the State of California or its respective department or division takes
appropriate action. Should the State revoke a license, the cannabis
business owner may re-apply for a local permit at such time as it
can demonstrate that the grounds for revocation of the license by
the State no longer exist or that the underlying deficiency has otherwise
been cured.
(Ord. 2021-494 §2)
Appeals relating to denial of an initial application; denial
of advancement to the interview or final determination process; to
revoke or suspend a permit; to deny renewal of an application for
a permit; or to add conditions to a permit shall be conducted as prescribed
in this chapter. The City Council shall hold a hearing on any appeals,
unless the City Council has delegated its authority to hold such appeals,
by resolution, to a hearing officer.
(Ord. 2021-494 §2)
A.
Within
10 calendar days after the date of a decision of the City Administrator
or their designee(s) to revoke, suspend or deny an initial or renewed
permit application or to add conditions to a permit, an applicant
or permittee may appeal such action by filing a written appeal with
the City Clerk setting forth the reasons why the decision was not
proper.
B.
At the
time of filing the appellant shall pay the designated appeal fee,
established by resolution of the City Council from time to time.
(Ord. 2021-494 §2)
A.
The
City Council or an appointed hearing officer will hear appeals concerning
any deviation from the City's published application procedures that
adversely affected the applicant by altering the outcome of the City's
decision on the applicant's application. Examples of appealable deviations
include:
1.
Failure
on the part of the City to provide appropriate notification regarding
changes to the application process via website postings and/or email
to the applicant prior to the time the application was submitted;
2.
Failure
on the part of the City to provide an applicant an equal opportunity
to modify an application where that opportunity was provided to other
applicants;
3.
The
scoring of one or more portions of the applicant's application was
not justified based on the information presented in the application
or due to a material error or omission on the part in scoring the
application.
B.
Any appeal based upon subsection A must be supported by evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
(Ord. 2021-494 §2)
A.
Within 10 calendar days after service of the notice of the decision of the City Administrator or the City Administrator's designee(s) to deny advancement to the interview or other final determination process, to revoke or suspend a permit, to deny a renewed application for a permit, or to add conditions to a permit, an appeal may be filed by the applicant or permittee affected by such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial permit application appeal, reasons shall be stated with specificity and shall address the issues outlined in Section 9.22.240(A). Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the City can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
B.
The
notice of appeal shall be in writing and signed by the person making
the appeal ("appellant"), or their legal representative, and shall
contain the following:
1.
Name,
address, and telephone number of the appellant.
2.
Specify
decisions, actions, or a particular part thereof, made that are the
subject of the appeal.
3.
Include
a true and correct copy of the notice issued by the City Administrator
of the City Administrator's designee(s) for which the appellant is
appealing.
4.
State
with specificity the reasons and grounds for making the appeal, including,
but not limited to, a statement of facts upon which the appeal is
based in sufficient detail to enable the City Council, or any appointed
hearing officer, to understand the nature of the controversy, the
basis of the appeal, and the relief requested.
5.
All
documents or other evidence pertinent to the appeal that the appellant
requests the hearing officer or body to consider at the hearing.
6.
An
appeal fee, as established by resolution of the City Council.
C.
Failure
of the City Clerk to receive a timely appeal constitutes a waiver
of the right to appeal the notice issued by the City Administrator
or the City Administrator's designee(s). In this event, notice of
revocation, nonrenewal, or suspension of the City Administrator or
the City Administrator's designee shall be final.
D.
In the
event a written notice of appeal is timely filed, the nonrenewal,
suspension, revocation shall not become effective until a final decision
has been rendered and issued by the City Council or appointed hearing
officer. Notices of appeal not served in a timely manner or served
by non-operational business shall not serve to allow such business
to operate pending appeal.
E.
If no
appeal is timely filed in the event of a decision of nonrenewal, the
cannabis businesses permit shall expire at the conclusion of the term
of the permit. If no appeal is timely filed in the event of a decision
supporting suspension or revocation, the suspension or revocation
shall become effective upon the expiration of the period for filing
a written notice of appeal.
(Ord. 2021-494 §2)
A.
Review
by City Council or Appointed Hearing Officer; Administrative Hearing
and Proceedings.
1.
Upon
receipt by the City Clerk of a timely-filed notice of appeal pertaining
to suspensions, revocations, or non-renewals the City Clerk shall
schedule a hearing within 30 days before the City Council, unless
a hearing officer has been appointed, in which case the City Clerk
shall forward such appeal to the hearing officer who will schedule
a hearing within 30 days. In the event such hearing cannot be heard
within that time period or a mutually agreed upon time with the appellant
then the City Clerk shall schedule the appeal to be heard by the City
Council within 45 days or as reasonably possible at the next scheduled
City Council meeting proceeding the deadline from receiving the appeal.
If a hearing officer has been appointed, the hearing officer shall
schedule the hearing to take place within 45 days.
2.
The
appellant(s) listed on the written notice of appeal shall be notified
in writing of the date, time, and location of the hearing at least
10 days before the date of the hearing ("notice of appeal hearing").
3.
A
request by an appellant or by the City to continue a hearing must
be submitted to the City Clerk in writing no later than 3 business
days before the date scheduled for the hearing. The City Council,
or appointed hearing officer, may continue a hearing for good cause
or on its own motion; however, in no event may the hearing be continued
for more than 30 calendar days, unless there is a stipulation by all
parties to do so.
B.
At the
date, time and location set forth in the notice of appeal hearing,
the City Council or an appointed hearing officer shall hear and consider
the testimony of the appellant(s), City staff, and/or their witnesses,
as well as any documentary evidence properly submitted for consideration.
C.
The
following rules shall apply at the appeal hearing:
1.
Appeal
hearings are informal, and formal rules of evidence and discovery
do not apply. However, rules of privilege shall be applicable to the
extent they are permitted by law, and irrelevant, collateral, undue,
and repetitious testimony may be excluded.
2.
The City bears the burden of proof to establish the grounds for nonrenewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an applicant's application or related to the initial application process (Section 9.22.240).
3.
The
issuance of the City's notice constitutes prima facie evidence of
grounds for the denial, nonrenewal, suspension, or revocation, and
City personnel who significantly took part in the investigation, which
contributed to the notice of decision may participate in the administrative
hearing.
4.
The
City Council or the appointed hearing officer may accept and consider
late evidence not submitted initially with the notice of appeal upon
a showing by the appellant of good cause. The City Council, or appointed
hearing officer, shall determine whether a particular fact or facts
amount to good cause on a case-by-case basis.
5.
The
appellant may bring a language interpreter to the hearing at their
sole expense.
6.
The
City may, at its discretion, record the hearing by stenographer or
court reporter, audio recording, or video recording. If the appellant
requests from the City that a court reporter, stenographer, or videographer
be used, the appellant shall bear the costs of same and shall deposit
such fees prior to commencement of the administrative hearing.
D.
If the
appellant, or appellant's legal representative, fails to appear at
the appeal hearing, the City Council, or the appointed hearing officer,
may cancel the appeal hearing and send a notice thereof to the appellant
by certified, first class mail to the address(es) stated on the notice
of appeal. A cancellation of a hearing due to non-appearance of the
appellant shall constitute the appellant's waiver of the right to
appeal and a failure to exhaust all administrative remedies. In such
instances, the City's notice of decision is final and binding.
E.
Decision
of the City Council, or Appointed Hearing Officer—Final Decision.
Following the conclusion of the administrative hearing, the City Council
or appointed hearing officer shall issue a written decision within
20 days which: (1) determines if the action appealed from is affirmed
or overturned; and (2) specifies the basis (grounds and reasons) for
the decision.
F.
The
written decision of the City Council, or appointed hearing officer
shall provide that it is final and conclusive and is subject to the
time limits set forth in California Code of Civil Procedure Section
1094.6 for judicial review.
G.
A copy
of the written decision shall be served by certified, first class
mail on the appellant. If the appellant is not the owner of the real
property in which the cannabis business is located, or proposed to
be located, a copy of the final decision may also be served on the
property owner by first class mail to the address shown on the last
equalized assessment roll. Failure of a person to receive a properly
addressed final decision shall not invalidate any action or proceeding
by the City pursuant to this chapter.
(Ord. 2021-494 §2)
A.
Any time the dispensing, testing, manufacturing, and/or distribution location specified in an issued cannabis business permit is changed, the permittee shall submit an updated application form to the City Administrator or the City Administrator's designee(s). The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 9.22.180 and 9.22.280.
B.
Within 15 calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this chapter, including any change in the cannabis business ownership or management members, but not including the identification of any vehicle(s) used for delivery of cannabis as provided in Section 9.22.420(D), the applicant shall file an updated application form with the City Administrator or the City Administrator's designee(s) for review along with an application amendment fee, as set forth in Section 9.22.180(C).
(Ord. 2021-494 §2)
A.
The
owner of a cannabis business permit shall not transfer ownership or
control of the permit to another person or persons or entity unless
and until the transferee obtains an amendment to the permit from the
City Administrator or the City Administrator's designee(s) stating
that the transferee is now the permittee. Such an amendment may be
obtained only if the transferee files an application with the City
Administrator or the City Administrator's designee(s) in accordance
with all provisions of this chapter (as though the transferee were
applying for an original cannabis business permit). The proposed transferee's
application shall be accompanied by a transfer fee in an amount set
by resolution of the City Council (or if not set, shall be the same
amount as the application fee).
B.
The City Administrator or designee(s) shall conduct a hearing to determine whether the transferee satisfies the eligibility requirements for a new permit. The transferee's application will be treated as a new application and will be evaluated in substantial compliance with the procedures described in Sections 9.22.130 and 9.22.140. This will require a complete evaluation of the application and an interview of the applicant prior to an administrative hearing, including a determination of whether the transfer involves a substantial change in ownership (any alteration in the permittee's business structure/ownership that results in a change of 51% or more of the original ownership). Following the hearing, the City Council must approve the transfer in order for it to be authorized, as provided in subsection D. If the transfer involves a lesser percentage of the change in ownership than the threshold cited above, then the hearing will be administrative in nature and City Council approval will not be required for the transfer to be authorized.
C.
Cannabis
business permits issued through the grant of a transfer by the City
Administrator, or designee(s) shall be valid for a period of one year
beginning on the day the City Administrator or designee(s) approves
the transfer of the permit. Before the transferee's permit expires,
the transferee shall apply for a renewal permit and pay the appropriate
fee in the manner required by this chapter.
D.
Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51% of the original ownership), must be approved by the City Council following completion of the transfer process contained in subsection A. Failure to comply with this provision is grounds for permit revocation.
E.
A permittee
may change the form of business entity without applying to the City
Administrator or designee(s) for a transfer of permit, provided:
1.
The
membership of the new business entity is substantially similar to
original permit holder business entity (at least 51% of the membership
is identical).
2.
Although
a transfer is not required in this circumstance, the permit holder
is required to notify the City Administrator in writing of the change
within 10 days. Failure to comply with this provision is grounds for
permit revocation.
F.
A cannabis
business permit shall not be transferred when the City has notified
the permittee in writing that the permit has been or may be suspended
or revoked.
G.
Any
attempt to transfer a cannabis business permit either directly or
indirectly in violation of this section is hereby declared a violation
of the permit and this chapter. Such a purported transfer shall be
deemed a ground for revocation of the permit.
(Ord. 2021-494 §2)
Prior to commencing operations, a cannabis business shall obtain
a City of Guadalupe business license.
(Ord. 2021-494 §2)
Prior to commencing operations, a cannabis business permit shall
be subject to a mandatory building inspection and must obtain all
required permits and approvals which would otherwise be required for
any business of the same size and intensity operating in that zone.
This includes, but is not limited to, obtaining any required building
permit(s), the Fire Department approvals, Police Department approval
(including Code compliance), Planning, County Health Department approvals
and other zoning and land use permit(s) and approvals.
(Ord. 2021-494 §2)
Prior to commencing operations at a new location pursuant to Section 9.22.270, a cannabis business must obtain a zoning clearance from the Planning Director or the Planning Director's designee(s) certifying that the business is located on a site that meets all of the requirements of Sections 9.22.300, 9.22.320, and 9.22.330 of this chapter.
(Ord. 2021-494 §2; Ord. 2023-508 §5)
Prior to the City's issuance of a cannabis business permit pursuant
to this chapter, any person(s) or entity intending to open and to
operate a cannabis business shall first provide sufficient evidence
of the legal right to occupy and to use the proposed location. If
the proposed location will be leased from the property owner, the
applicant shall be required to provide a signed and notarized statement
from the owner of the property, acknowledging that the property owner
has read this chapter and consents to the operation of the cannabis
business on the owner's property.
(Ord. 2021-494 §2)
A.
Cannabis
businesses permitted to engage in retail, distribution, manufacturing,
testing labs, and microbusiness (non-cultivation) operations for cannabis
and cannabis products are subject to the following zoning and locational
requirements:
B.
Distribution, manufacturing, testing labs, cultivation-processing, and/or microbusiness (noncultivation) which include non-storefront retail activities may only be conditionally allowed in the following zone districts: M-C (Industrial-Commercial), G-I (General Industrial), and UR/I (Urban Reserve/Light Industrial), and must meet all the requirements pursuant to Guadalupe Zoning Code Chapter 18.16 and cannabis business permittees must also meet all of the following distance requirements:
1.
It
shall be no closer than 600 feet from any zoned parcel in the city
designated by the City and State law as a sensitive use, and pursuant
to subsection (B)(2). The distance measured shall be the horizontal
distance measured in a straight line from the property line of those
parcels in subsection (B)(2) to the closest property line of the lot
on which the cannabis business is located.
2.
It
shall be no closer than 600 feet from any parcel containing any of
the following:
a.
A school providing instruction in kindergarten or any grades 1 through
12 (whether public, private, or charter, including pre-school, transitional
kindergarten, and K-12);
b.
A commercial daycare center licensed by the State, County or City
which is in existence at the time the license is issued unless the
State licensing authority or the City specifies a greater radius;
c.
A youth center that is in existence prior to the submittal of the
initial cannabis application or at the time the license is issued,
unless the State licensing authority or the City specifies a greater
radius.
C.
Retail
storefront may be conditionally allowed in the following zone districts:
G-C (General Commercial), C-N (Neighborhood Commercial), and C-R (Commercial
Recreation), and must meet all the requirements of Title 18, the Guadalupe
Municipal Code (Zoning). The commercial cannabis businesses must also
meet all of the following distance requirements:
1.
It
shall be no closer than 600 feet from any zoned parcel in the city
designated by the City and State law as a sensitive use and pursuant
to subsection (C)(2). The distance measured shall be the horizontal
distance measured in a straight line from the property line of those
parcels in subsection (C)(2) to the closest property line of the lot
on which the cannabis business is located.
2.
It
shall be no closer than 600 feet from any parcel containing any of
the following:
a.
A school providing instruction in kindergarten or any grades 1 through
12 (whether public, private, or charter, including pre-school, transitional
kindergarten, and K-12);
b.
A commercial daycare center licensed by the State, County or City
which is in existence at the time the license is issued, unless the
State licensing authority or the City specifies a greater radius;
c.
A youth center that is in existence prior to the submittal of the
initial cannabis application or at the time the license is issued,
unless the State licensing authority or the City specifies a greater
radius.
D.
Each
proposed cannabis business shall:
1.
Conform
with the City's General Plan, any applicable specific plan, master
plan, and design requirements.
2.
Comply
with all applicable zoning and related development standards.
3.
Be
constructed in a manner that minimizes odors to surrounding uses,
and promotes quality design and construction, and consistency with
the surrounding properties.
4.
Be
adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and all items required
for the development.
5.
Be
served by highways adequate in width and improved as necessary to
carry the kind and quantity of traffic such use will generate.
6.
Be
provided with adequate electricity, sewerage, disposal, water, fire
protection and storm drainage facilities for the intended purpose.
(Ord. 2021-494 §2)
To the fullest extent permitted by law, the City of Guadalupe
shall not assume any liability whatsoever with respect to having issued
a cannabis business permit pursuant to this chapter or otherwise approving
the operation of any cannabis business. As a condition to the approval
of any cannabis business permit, the applicant shall be required to
meet all of the following conditions before they can receive the cannabis
business permit:
A.
Execute
an agreement, in a form approved by the City Attorney, agreeing to
indemnify, defend (at applicant's sole cost and expense), and hold
the City of Guadalupe, and its officers, officials, employees, representatives,
and agents, harmless, from any and all claims, losses, damages, injuries,
liabilities or losses which arise out of, or which are in any way
related to, the City's issuance of the cannabis business permit, the
City's decision to approve the operation of the cannabis business
or activity, the process used by the City in making its decision,
or the alleged violation of any Federal, State or local laws by the
cannabis business or any of its officers, employees or agents.
B.
Maintain
insurance at coverage limits, and with conditions thereon determined
necessary and appropriate from time to time by the City Administrator
or the City Administrator's designee(s).
C.
Reimburse
the City for all costs and expenses, including, but not limited to,
legal fees and costs and court costs, which the City may be required
to pay as a result of any legal challenge related to the City's approval
of the applicant's cannabis business permit or related to the City's
approval of a cannabis activity. The City, at its sole discretion,
may participate at its own expense in the defense of any such action,
but such participation shall not relieve any of the obligations imposed
hereunder.
(Ord. 2021-494 §2)
A.
Each
owner and operator of a cannabis business shall maintain accurate
books and records in an electronic format, detailing all of the revenues
and expenses of the business, and all of its assets and liabilities.
On no less than an annual basis (at or before the time of the renewal
of a cannabis business permit issued pursuant to this chapter), or
at any time upon reasonable request of the City, each cannabis business
shall file a sworn statement detailing the number of sales by the
cannabis business during the previous 12-month period (or shorter
period based upon the timing of the request), provided on a per-month
basis. The statement shall also include gross sales for each month,
and all applicable taxes and fees paid or due to be paid. On an annual
basis, each owner and operator shall submit to the City a financial
audit of the business's operations conducted by an independent certified
public accountant. Each permittee shall be subject to a regulatory
compliance review and financial audit as determined by the City Administrator
or the City Administrator's designee(s).
B.
Each
owner and operator of a cannabis business shall maintain a current
register of the names and the contact information (including the name,
address, and telephone number) of anyone owning or holding an interest
in the cannabis business, and separately of all the officers, managers,
employees, agents, and volunteers currently employed or otherwise
engaged by the cannabis business. The register required by this subsection
shall be provided to the City Administrator or the City Administrator's
designee(s) upon a reasonable request.
C.
All
cannabis businesses shall maintain an inventory control and reporting
system that accurately documents the present location, amounts, and
descriptions of all cannabis and cannabis products for all stages
of the growing and production or manufacturing, laboratory testing
processes until purchase as set forth in the MAUCRSA.
(Ord. 2021-494 §2)
A.
A cannabis
business permittee shall implement sufficient security measures to
deter and prevent the unauthorized entrance into areas containing
cannabis or cannabis products and to deter and prevent the theft of
cannabis or cannabis products at the cannabis business. Except as
may otherwise be determined by the City Administrator or the City
Administrator's designee(s), these security measures shall include,
but shall not be limited to, all of the following:
1.
Perimeter
fencing and exterior lighting systems (including motion sensors) for
after-hours security as approved by the Chief of Police and/or the
Planning Director were applicable.
2.
Preventing
individuals from remaining on the premises of the cannabis business
if they are not engaging in an activity directly related to the permitted
operations of the cannabis business in cases in which the individual
will not voluntarily leave the premises the cannabis employee shall
contact the Police Department.
3.
Establishing
limited access areas accessible only to authorized cannabis business
personnel.
4.
Except
for live growing clone plants which are being sold at a cannabis business
where applicable, all cannabis and cannabis products shall be stored
in a secured and locked vault or vault equivalent. All safes and vaults
shall be compliant with Underwriter Laboratories burglary-resistant
and fire-resistant standards. All cannabis and cannabis products,
including live clone plants that are being sold, shall be kept in
a manner as to prevent diversion, theft, and loss.
5.
Installing
24-hour security surveillance cameras of at least high-definition
(HD) quality to monitor all entrances and exits to and from the premises,
all interior spaces within the cannabis business which are open and
accessible to the public, all interior spaces where cannabis, cash,
or currency, is being stored for any period of time on a regular basis
and all interior spaces where diversion of cannabis could reasonably
occur. All cameras shall record in color. All exterior cameras shall
be in weather-proof enclosures, shall be located so as to minimize
the possibility of vandalism, and shall have the capability to automatically
switch to black and white in low light conditions. The cannabis business
shall be responsible for ensuring that the security surveillance camera's
footage is remotely accessible by the City Administrator or the City
Administrator's designee(s), and that it is compatible with the City's
software and hardware. In addition, if required remote and real-time,
live access to the video footage from the cameras shall be provided
to the Director of Public Safety or the Director of Public Safety's
designee(s) at the expense of the permittee. Video recordings shall
be maintained for a minimum of 90 days and shall be made available
to the Director of Public Safety or the Director of Public Safety's
designee(s) upon request. Video shall be of sufficient quality for
effective prosecution of any crime found to have occurred on the site
of the cannabis business and shall be capable of enlargement via projection
or other means. Internet Protocol address information shall be provided
to the Police Department by the cannabis business, to facilitate remote
monitoring of security cameras by the Department or its designee(s).
Each business shall have network security protocols that are certified
by Underwriters Laboratories.
6.
Sensors
shall be installed to detect entry and exit from all secure areas
and shall be monitored in real time by a security company licensed
by the State of California Bureau of Security and Investigative Services.
7.
Panic
buttons shall be installed in all cannabis businesses with direct
notification to the Police Department dispatch and shall be configured
to immediately alert dispatch for the Police Department.
8.
Having
a professionally installed, maintained, and monitored real-time alarm
system by a security company licensed by the State of California Bureau
of Security and Investigative Services.
9.
Any
security measures, such as bars, installed on the windows or the doors
of the cannabis business shall be installed only on the interior of
the building.
10.
Security personnel shall be on site 24 hours a day or alternative
security as authorized by the City Administrator or the City Administrator's
designee(s) and must have a verified response security patrol when
closed. Security personnel must be licensed by the State of California
Bureau of Security and Investigative Services personnel and shall
be subject to the prior review and approval of the City Administrator
or the City Administrator's designee(s), with such approval not to
be unreasonably withheld.
11.
Each cannabis business shall have the capability to remain secure
during a power outage and shall ensure that all access doors are not
solely controlled by an electronic access panel to ensure that locks
are not released during a power outage.
12.
Entrance areas are to be locked at all times and under the control
of a designated responsible party that is either: (a) an employee
of the cannabis business; or (b) a licensed security professional.
13.
Each cannabis business shall have an accounting software system in
place to provide point of sale data as well as audit trails or both
product and cash, where applicable.
14.
Each cannabis business shall demonstrate to the City Administrator
or the City Administrator's designee(s), compliance with the State's
track and trace system for cannabis and cannabis products as soon
as it is operational.
15.
Each cannabis business shall have a professionally installed video
surveillance system, access control and intrusion alarm systems designed
to protect the inventory, facility, and employees. Each business shall
have network security protocols that are certified by Underwriters
Laboratories.
16.
Exterior vegetation shall be planted, altered, and maintained in
a fashion that precludes its use as a hiding place for persons on
the premises.
17.
Emergency access and emergency evacuation plans that are in compliance
with State and local fire safety standards.
18.
Installation of "mosquitoes" (high-pitch frequency devices) as a
deterrent to vandalism/loitering.
B.
Each
cannabis business shall identify a designated security representative/liaison
to the City, who shall be reasonably available to meet with the City
Administrator or the City Administrator's designee(s) regarding any
security related measures or and operational issues. The designated
security representative/liaison shall, on behalf of the cannabis business,
annually maintain a copy of the current security plan on the premises
of the business, to present to the City Administrator or the City
Administrator's designee(s) upon request that meets the following
requirements:
1.
Confirms
that a designated manager will be on duty during business hours and
will be responsible for monitoring the behavior of employees.
2.
Identifies
all managers of the cannabis business and their contact phone numbers.
3.
Confirms
that first aid supplies and operational fire extinguishers are located
in the service areas and the manager's office.
4.
Confirms
that burglar, fire, and panic alarms are operational and monitored
by a licensed security company 24 hours a day, 7 days a week, and
provides contact information for each licensed security company.
5.
Identify
a sufficient number of licensed, interior, and exterior security personnel
who will monitor individuals inside and outside the cannabis business,
the parking lot, any adjacent property under the business' control,
and ensure that the parking lot is cleared of employees and their
vehicles one-half hour after closing.
C.
As part
of the application and permitting process each cannabis business shall
have a storage and transportation plan, which describes in detail
the procedures for safely and securely storing and transporting all
cannabis, cannabis products, any hazardous materials that may be used
by the business, and any currency.
D.
The
cannabis business shall cooperate with the City whenever the City
Administrator or the City Administrator's designee(s) makes a request,
with or without prior notice, to inspect or audit the effectiveness
of any security plan or of any other requirement of this chapter.
E.
A cannabis
business shall notify the City Administrator or the City Administrator's
designee(s) within 24 hours after discovering any of the following:
1.
Significant
discrepancies identified during inventory. The level of significance
shall be determined by the regulations promulgated by the City Administrator
or the City Administrator's designee(s).
2.
Diversion,
theft, loss, or any criminal activity involving the cannabis business
or any agent or employee of the cannabis business.
3.
The
loss or unauthorized alteration of records related to cannabis, customers
or employees or agents of the cannabis business.
4.
Any
other breach of security.
F.
Compliance
with the foregoing requirements shall be verified by the City Administrator
or the City Administrator's designee(s) prior to commencing business
operations. The City Administrator or the City Administrator's designee(s)
may supplement these security requirements once operations begin,
subject to review by the City Administrator or the City Administrator's
designee(s) if requested by the business owner.
(Ord. 2021-494 §2)
A.
No person
may commence or continue any cannabis activity in the city without
timely paying in full all fees and charges required for the operation
of a cannabis activity. Fees and charges associated with the operation
of a cannabis activity shall be established by resolution of the City
Council which may be amended from time to time.
B.
All
cannabis businesses authorized to operate under this chapter shall
pay all sales, use, business and other applicable taxes, and all license,
registration, and other fees required under federal, state, and local
law. Each cannabis business shall cooperate with the City with respect
to any reasonable request to audit the cannabis business' books and
records for the purpose of verifying compliance with this section,
including, but not limited to, a verification of the amount of taxes
or fees required to be paid during any period.
C.
Prior
to operating in the city and as a condition of issuance of a cannabis
business permit, the operator of each cannabis facility shall enter
into an operational or community benefit agreement with the City setting
forth the terms and conditions under which the cannabis facility will
operate that are in addition to the requirements of this chapter,
including, but not limited to, public outreach and education, community
service, payment of fees and other charges as mutually agreed, and
such other terms and conditions that will protect and promote the
public health, safety and welfare. Such community benefit agreement
will include a provision to pay the fees authorized by a Council resolution
approving cost recovery for the City's costs related to negotiating
and obtaining the community benefit agreements, the annual regulatory
fee, and the cost of pre-license site inspections.
(Ord. 2021-494 §2; Ord. 2023-508 §6)
A.
Cannabis
businesses may operate only during the hours specified in the cannabis
business permit issued by the City. No person under the age of 21
shall operate or be issued a permit for a cannabis business of any
kind, unless permitted per subsection (H)(2) of this section.
B.
Restriction
on Sales and Consumption. Cannabis shall not be consumed by any person
on the premises of any cannabis business. No person shall cause or
permit the sale, dispensing, or consumption of alcoholic beverages
or tobacco on or about the premises of the cannabis business.
C.
No cannabis
or cannabis products or graphics depicting cannabis or cannabis products
shall be visible from the exterior of any property issued a cannabis
business permit, or on any of the vehicles owned or used as part of
the cannabis business. No outdoor storage of cannabis or cannabis
products is permitted at any time.
D.
Reporting
and Tracking of Product and of Gross Sales. Each cannabis business
shall have in place a point-of-sale or management inventory tracking
system to track and report on all aspects of the cannabis business
including, but not limited to, such matters as cannabis tracking,
inventory data, gross sales (by weight and by sale) and other information
which may be deemed necessary by the City. The cannabis business shall
ensure that such information is compatible with the City's recordkeeping
systems. In addition, the system must have the capability to produce
historical transactional data for review. Furthermore, any system
selected must be approved and authorized by the City Administrator
or designee(s) prior to being used by the permittee.
E.
All
cannabis and cannabis products sold, distributed, or manufactured
shall be cultivated, manufactured, and transported by licensed facilities
that maintain operations in full conformance with the State and local
regulations.
F.
Emergency
Contact. Each cannabis business shall provide the City Administrator
or the City Administrator's designee(s) with the name, telephone number
(both land line and mobile, if available) of an on-site employee or
owner to whom emergency notice can be provided at any hour of the
day.
G.
Signage
and Notices.
1.
In
addition to the requirements otherwise set forth in this section,
business identification signage for a cannabis business shall conform
to all sign regulations in the Guadalupe Municipal Code, including,
but not limited to, seeking the issuance of a City sign permit. In
the event of any conflict regarding signage for a cannabis business
between the requirements set forth in this chapter and elsewhere in
the Guadalupe Municipal Code, the provisions of this chapter shall
prevail.
2.
No
signs placed on the premises of a cannabis business shall obstruct
any entrance or exit to the building or any window.
3.
Each
entrance to a cannabis business shall be visibly posted with a clear
and legible notice indicating that smoking, ingesting, or otherwise
consuming cannabis on the premises or in the areas adjacent to the
cannabis business is prohibited.
4.
Business
identification signage shall be limited to that needed for identification
only and shall not contain any logos or information that identifies,
advertises, or lists the services or the products offered. No cannabis
business shall advertise by having a person holding a sign and advertising
the business to passersby, whether such person is on the premises
of the cannabis business or elsewhere, including, but not limited
to, the public right-of-way.
5.
Signage
shall not depict any image of cannabis or cannabis products. No banners,
flags, snipe signs, billboards, or other prohibited signs may be used
at any time.
6.
In
accordance with State law and regulations or as stipulated in the
City's cannabis business permit, holders of a cannabis business permit,
as an express and ongoing condition of permit issuance and sub sequent
renewal, are prohibited from advertising any cannabis business located
in the city limits utilizing a billboard (fixed or mobile), bus shelter,
placard, aircraft, or other similar forms of advertising. This paragraph
is not intended to place limitations on the ability of a cannabis
business to advertise in other legally authorized forms, including
on the internet, in magazines, or in other similar ways.
H.
Minors.
1.
Persons
under the age of 21 years shall not be allowed on the premises of
a cannabis business and shall not be allowed to serve as a driver
for a mobile delivery service. It shall be unlawful and a violation
of this chapter for any person to employ any person at a cannabis
business who is not at least 21 years of age.
2.
Notwithstanding subsection A, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a physician's recommendation for themselves. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician's recommendation.
3.
The
entrance to the cannabis business shall be clearly and legibly posted
with a notice that no person under the age of 21 years of age is permitted
to enter upon the premises of the cannabis business.
I.
Odor
Control. Odor control devices and techniques shall be incorporated
in all cannabis businesses to ensure that odors from cannabis are
not detectable off site. Cannabis businesses shall provide a sufficient
odor absorbing ventilation and exhaust system so that odor generated
inside the cannabis business that is distinctive to its operation
is not detected outside of the facility, anywhere on adjacent property
or public rights-of-way, on or about the exterior or interior common
area walkways, hallways, breezeways, foyers, lobby areas, or any other
areas available for use by common tenants or the visiting public,
or within any other unit located inside the same building as the cannabis
business. As such, cannabis businesses must install and maintain the
following equipment, or any other equipment which the Planning Director
or the Planning Director's designee(s) determine is a more effective
method or technology:
1.
An
exhaust air filtration system with odor control that prevents internal
odors from being emitted externally;
2.
An
air system that creates negative air pressure between the cannabis
business's interior and exterior, so that the odors generated inside
the cannabis business are not detectable on the outside of the cannabis
business.
J.
Display
of Permit and City Business License. The original copy of the cannabis
business permit issued by the City pursuant to this chapter and the
City-issued business license shall be posted inside the cannabis business
in a location readily visible to the public.
K.
Background
Check. Pursuant to California Penal Code Sections 11105(b)(11) and
13300(b)(11), which authorizes City authorities to access State and
local summary criminal history information for cannabis employment,
licensing, or certification purposes and authorizes access to Federal
level criminal history information by transmitting fingerprint images
and related information to the Department of Justice to be transmitted
to the Federal Bureau of Investigation, every person listed as an
owner, investor, manager, supervisor, employee, contract employee
or who otherwise works in a cannabis business must submit fingerprints
and other information deemed necessary by the Chief of Police or designee(s)
for a background check by the City of Guadalupe Police Department.
Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11),
which requires that there be a requirement or exclusion from cannabis
employment, licensing or certification based on specific criminal
conduct on the part of the subject of the record. No person shall
be issued a permit to operate a cannabis business or be allowed to
work in a cannabis business unless they have first cleared the background
check, as determined by the Chief of Police or designee(s), as required
by this section. A fee for the cost of the background investigation,
which shall be the actual cost to the City of Guadalupe to conduct
the background investigation as it deems necessary and appropriate,
shall be paid at the time the application for a cannabis business
permit is submitted. Evidence of a conviction of any of the offenses
enumerated in Business and Professions Code Section 26057(b)(4), absent
a certificate of rehabilitation, shall be grounds for immediate disqualification
of the applicant.
L.
Pursuant
to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which
authorizes local jurisdictions to access State and local summary criminal
history information for licensing or certification purposes when authorized
by the local jurisdictions' governing board and authorizes access
to federal level criminal history information by transmitting fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation, every person listed
as an owner, investor, manager, supervisor, employee, contract employee
or who otherwise works in a cannabis business must submit fingerprints
and other information deemed necessary by the Director of Public Safety
or the Director of Public Safety's designee(s) for a background check
by the City of Guadalupe Police Department. No person shall be issued
a permit to operate a cannabis business or be allowed to work in a
cannabis business unless they have first cleared the background check,
as determined by the Director of Public Safety or the Director of
Public Safety's designee(s), as required by this section. A fee for
the cost of the background investigation, which shall be the actual
cost to the City of Guadalupe to conduct the background investigation
as it deems necessary and appropriate, shall be paid at the time the
application for a cannabis business permit is submitted. Evidence
of a conviction of any of the offenses enumerated in Business and
Professions Code Section 26057(b)(4), absent a certificate of rehabilitation,
shall be grounds for immediate disqualification of the applicant.
M.
Loitering.
The owner and/or operator of a cannabis business shall prohibit loitering
by persons outside the facility both on the premises and within 50
feet of the premises. The cannabis business shall notify the Police
Department if anyone continues to loiter around the building or premises
after all reasonable action has been taken to remove the individual(s)
and the action has failed to do so in a timely manner.
N.
Permits and Other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate pursuant to Section 9.22.250 and all applicable requirements in this chapter.
O.
Each
cannabis operator shall establish minimum training standards for all
employees. The City Administrator or the City Administrator's designee(s)
shall have the discretion to require other training for the business
operations should the City identify deficiencies or non-compliance
issues with City or State requirements.
(Ord. 2021-494 §2)
The City Administrator or the City Administrator's designee(s)
may develop other cannabis business operational requirements or regulations
as are determined to be necessary to protect the public health, safety,
and welfare.
(Ord. 2021-494 §2)
A.
No more
than the number of cannabis retailers adopted by Council resolution
may operate within the city at any one time and shall be issued a
permit by the City.
B.
Retailers
shall verify the age and all necessary documentation of each individual
to ensure the customer is not under the age of 18 years. If the potential
customer is 18 to 20 years old, retailer shall confirm the customer's
possession of a valid doctor's recommendation and/or Health and Safety
Code Section 11362.71 identification card (medical marijuana card).
For adult-use purchases, retailers shall verify that all customers
are 21 years of age or older for the purchase of cannabis or cannabis
products.
C.
Individuals
must show their government-issued identification, and, in the case
of medical cannabis facilities, their physician's recommendation,
or a cannabis card issued pursuant to Health and Safety Code Section
11362.71 in order to gain access into the retailer. The government-issued
identification and, if applicable, doctor's recommendation or cannabis
card must also be shown at the point-of-sale station at the time of
purchase. Doctor recommendations are not to be obtained or provided
at the retail location.
D.
Uniformed
licensed security personnel shall be employed to monitor site activity,
control loitering and site access, and to serve as a visual deterrent
to unlawful activities. Security personnel may be allowed to carry
firearms if authorized by the Director of Public Safety.
E.
Retailers
may have only that quantity of cannabis and cannabis products to meet
the daily demand readily available for sale on-site in the retail
sales area of the retailer. Additional product may be stored in a
secured, locked area to which customers, vendors, and visitors shall
not have access.
F.
All
restrooms used by the public shall remain locked and under the control
of management.
G.
Retailers
authorized to conduct retail activities shall only serve customers
who are within the licensed premises, or at a delivery address that
meets the requirements of this chapter.
1.
The
sale and delivery of cannabis goods shall not occur through a pass-through
window or a slide-out tray to the exterior of the premises.
2.
Retailers
shall not operate as or with a drive-in or drive-through at which
cannabis goods are sold to persons within or about a motor vehicle.
3.
No
cannabis goods shall be sold and/or delivered by any means or method
to any person within a motor vehicle.
4.
All
cannabis goods sold by a retail business shall be contained in child-resistant
packaging.
5.
Retailers
shall record point-of-sale areas and areas where cannabis goods are
displayed for sale on the video surveillance system. At each point-of-sale
location, camera placement must allow for the recording of the facial
features of any person purchasing or selling cannabis goods, or any
person in the retail area, with sufficient clarity to determine identity.
6.
A
retail licensee who is engaged in retail sale shall hire or contract
for security personnel who are at least 21 years of age to provide
security services for the licensed retail premises. All security personnel
hired or contracted for by the licensee shall be licensed by the Bureau
of Security and Investigative Services and shall comply with Chapters
11.4 and 11.5 of Division 3 of the Business and Professions Code.
H.
Access
to Retailer Premises.
1.
Access
to the premises of a retail licensee/permittee shall be limited to
individuals who are at least 21 years of age.
2.
Notwithstanding Section 9.22.380(A), individuals who are at least 18 years of age and in possession of a valid physician's recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis on their own behalf consistent with the physician's recommendation.
I.
Authorized
Sales. A retailer shall only sell adult-use cannabis and adult-use
cannabis products to individuals who are at least 21 years of age.
A retailer shall only sell medicinal cannabis or medicinal cannabis
products to individuals who are at least 18 years of age, but not
yet 21, if those individuals are in possession of a valid physician's
recommendation for themselves. Medicinal cannabis sales to individuals
21 years of age and older are unrestricted.
J.
Limited
Access Areas. A retailer shall establish limited-access areas and
permit only authorized individuals to enter the limited-access areas.
Authorized individuals include individuals employed by the retailer
as well as any outside vendors, contractors, or other individuals
conducting business that requires access to the limited access area.
All individuals granted access to the limited access area shall be
at least 21 years of age, and if not employed by the retailer, shall
be escorted at all times by an employee of the licensee/permittee.
A retailer shall maintain a log of all individuals who are not employees
who are granted access to the limited access area. These logs shall
be made available to the City Administrator, the Director of Public
Safety or the Director of Public Safety's designee(s) upon request.
K.
Operating
hours of the storefront retailer license shall be limited to the hours
of 9:00 a.m. through 9:00 p.m., 7 days a week.
(Ord. 2021-494 §2)
A.
Retailers,
non-storefront retailers (delivery) and microbusinesses license owners
and operators are required to verify the age and the necessary documentation
of each customer. They must ensure that medical customers are at least
18 years of age and verify that the customer has a valid doctor's
recommendation. Doctor recommendations are not to be obtained or provided
at the retail location. In the case of adult-use customers, they must
verify that the customer is at least 21 years of age. Sales shall
only be made to persons matching this criteria.
B.
All
storefront retailers, non-storefront retailers (delivery) and microbusinesses
which conduct deliveries into or within the city of Guadalupe shall
be required to obtain a permit from the City of Guadalupe in order
to conduct retail sales regardless, if they are located in the city
or another local jurisdiction.
C.
Operating
hours of the non-storefront retailer license or out of town retail
delivery services shall be limited to the hours of 9:00 a.m. through
9:00 p.m., 7 days a week.
(Ord. 2021-494 §2)
Prior to commencing delivery operations, a cannabis retailer,
cannabis non-storefront retailer and microbusiness shall provide the
following information to the City:
A.
Proof
of ownership of the vehicle or a valid lease for any and all vehicles
that will be used to deliver cannabis or cannabis products.
B.
The
year, make, model, color, license plate number, and numerical Vehicle
Identification Number (VIN) for any and all vehicles that will be
used to deliver cannabis goods.
C.
Proof of insurance as required in Section 9.22.340(B) for any and all vehicles being used to deliver cannabis goods.
D.
The
licensee shall provide the City with the information required by this
section in writing for any new vehicle that will be used to deliver
cannabis goods prior to using the vehicle to deliver cannabis goods.
E.
The licensee shall provide the City with any changes to the information required by this section in writing within 30 calendar days. If this information is the only change to the operation of a cannabis business permit, the permittee is not required to comply with the provisions of Section 9.22.270(B).
(Ord. 2021-494 §2)
A.
A distributor shall not store non-cannabis products or non-cannabis accessories that are to be sold to another party on any licensed or permitted premises. Additionally, a distributor shall not distribute noncannabis products or non-cannabis accessories at a licensed premises. For the purposes of this section, noncannabis products are any goods that do not meet the definition of cannabis goods as defined in Title 16, Division 42, Section 5000(c) of the California Code of Regulations.
B.
After
taking physical possession of a cannabis goods batch, the distributor
shall contact a testing laboratory and arrange for a laboratory employee
to come to the distributor's licensed premises to select a representative
sample for laboratory testing. The determination of which cannabis
goods are to be included in the sample for laboratory testing shall
be left to the sole discretion of the laboratory employee.
C.
A distributor
shall ensure that all cannabis goods batches are stored separately
and distinctly from other cannabis goods batches on the distributor's
premises.
D.
The
distributor shall ensure that the batch size from which the sample
is taken meets the requirements of State law, specifically the testing
provisions within the California Code of Regulations.
E.
A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded, and the recording kept available to State and the City for a minimum of 180 days, pursuant to Title 16, Division 42, Section 5305 of the California Code of Regulations.
F.
A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with State health and safety requirements pursuant to Title 16, Division 42, Sections 5705, 5710 and 5714 of the California Code of Regulations.
(Ord. 2021-494 §2)
A.
Testing
labs shall be required to conduct all testing in a manner pursuant
to Business and Professions Code Section 26100 and shall be subject
to State and local law. Each testing lab shall be subject to additional
regulations as determined from time to time as more regulations are
developed under this chapter and any subsequent State of California
legislation regarding the same.
B.
Testing
labs shall conduct all testing in a manner consistent with general
requirements for the competence of testing and calibrations activities,
including sampling using verified methods.
C.
All
cannabis testing laboratories performing testing shall obtain and
maintain ISO/IEC 17025 accreditation as required by the Bureau of
Cannabis Control.
D.
Testing
labs shall destroy any harvest batch whose testing sample indicates
noncompliance with health and safety standards required by the Bureau
unless remedial measures can bring the cannabis or cannabis products
into compliance with quality standards as specified by law and implemented
by the Bureau.
E.
Each
operator shall ensure that a testing laboratory employee takes the
sample of cannabis or cannabis products from the distributor's premises
for testing required by State law and that the testing laboratory
employee transports the sample to the testing laboratory.
F.
Except
as provided by State law, a testing laboratory shall not acquire or
receive cannabis or cannabis products except from a licensee in accordance
with State law, and shall not distribute, sell, or dispense cannabis,
or cannabis products, from the licensed premises from which the cannabis
or cannabis products were acquired or received. All transfer or transportation
shall be performed pursuant to a specified chain of custody protocol.
G.
A testing
laboratory may receive and test samples of cannabis or cannabis products
from a qualified patient or primary caregiver only if the qualified
patient or primary caregiver presents the qualified patient's valid
physician's recommendation for cannabis for medicinal purpose. A testing
lab shall not certify samples from a qualified patient or primary
caregiver for resale or transfer to another party or licensee. All
tests performed by a testing laboratory for a qualified patient or
primary caregiver shall be recorded with the name of the qualified
patient or primary caregiver and the amount of the cannabis or cannabis
products received.
(Ord. 2021-494 §2)
A.
Cannabis manufacturing shall only be permitted pursuant to Section 9.22.070 of this chapter or any subsequent created manufacturing State license as defined in MAUCRSA and may be permitted to operate only within those zone districts as defined in the City's Municipal Code.
B.
Any
compressed gases used in the manufacturing process shall not be stored
on any property within the city in containers that exceeds the amount
which is approved by the Guadalupe Fire Department and authorized
by the regulatory permit. Each site or parcel subject to a cannabis
business permit shall be limited to a total number of tanks as authorized
by the Guadalupe Fire Department on the property at any time.
C.
Cannabis
manufacturing facilities may use heat, screens, presses, steam distillation,
ice water, ethanol, and other methods without employing solvents or
gases to create keef, hashish, bubble hash, or infused dairy butter,
or oils or fats derived from natural sources, and other extracts.
D.
If an extraction process uses a professional grade closed loop CO₂ gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in subsection F. The CO₂ must be of at least 99% purity.
E.
Closed
loop systems for compressed gas extraction systems must be commercially
manufactured and bear a permanently affixed and visible serial number.
F.
Certification
from an engineer licensed by the State of California, or by a certified
industrial hygienist, must be provided to the Planning Department
for a professional grade closed loop system used by any cannabis manufacturing
manufacturer to certify that the system was commercially manufactured,
is safe for its intended use, and was built to codes of recognized
and generally accepted good engineering practices, including, but
not limited to:
G.
The
certification document must contain the signature and stamp of the
professional engineer or industrial hygienist and serial number of
the extraction unit being certified.
H.
Professional
closed loop systems, other equipment used, the extraction operation,
and facilities must be approved for their use by the Fire Department
and meet any required fire, safety, and building code requirements
specified in the California Building Reference Codes.
I.
Cannabis
manufacturing facilities may use food grade glycerin, ethanol, and
propylene glycol solvents to create or refine extracts. Ethanol should
be removed from the extract in a manner to recapture the solvent and
ensure that it is not vented into the atmosphere.
J.
Cannabis
manufacturing facilities creating cannabis extracts must develop standard
operating procedures, good manufacturing practices, and a training
plan prior to producing extracts for the marketplace.
K.
Any
person using solvents or gases in a closed looped system to create
cannabis extracts must be fully trained on how to use the system,
have direct access to applicable material safety data sheets to handle,
and store the solvents and gases safely.
L.
Parts
per million for one gram of finished extract cannot exceed State standards
for any residual solvent or gas when quality assurance tested.
(Ord. 2021-494 §2)
Prior to commencing operations, a cannabis out-of-city delivery
service shall comply with the following requirements:
A.
Obtain
from the City a permit authorizing the delivery of cannabis and cannabis
products within the city limits. A copy of this permit shall be retained
by all drivers.
B.
The
retail business operating the delivery service shall provide the City
Administrator or the City Administrator's designee(s) with evidence
of a valid State license for a cannabis business on whose authorization
the delivery service is performing the delivery function.
C.
The
retail business operating the delivery service shall furnish to the
City Administrator or the City Administrator's designee(s) the year,
make, model, license plate number, and numerical Vehicle Identification
Number (VIN) for any and all vehicles that will be used to deliver
cannabis goods.
(Ord. 2021-494 §2)
Cannabis delivery businesses located outside of the city permitted
to engage in delivery of cannabis and cannabis products inside the
city are subject to the following requirements:
A.
A licensed
cannabis business shall not deliver cannabis goods to an address located
on publicly owned land or any address on land or in a building leased
by a public agency.
B.
A licensed
cannabis business shall comply with all requirements of State and
local law pertaining to the cannabis business permit and all subsequent
policies, procedures and regulations which may be amended by the City
Administrator or the City Administrator's designee(s) from time to
time in order to enforce this chapter.
C.
Any
kiosk, iPad, tablet, smartphone, fixed location, or technology platform,
whether manned or unmanned, other than a retail location permitted
by the City, that facilitates, directs, or assists the retail sale
or delivery of cannabis or cannabis products is prohibited and shall
be a violation of this chapter.
(Ord. 2021-494 §2)
A.
The
commercial cultivation of all cannabis is strictly prohibited in the
city of Guadalupe.
B.
A processing
facility shall only be permitted to conduct the drying, curing, grading,
trimming, rolling, storing, packaging, and labeling of nonmanufactured
products.
C.
Any
processing of cannabis shall not be visible from a public or private
road, sidewalk, park, or any common public viewing area.
D.
Processing
of cannabis shall only be permitted indoors and in the limited access
areas of the licensed premises authorized by the City Guadalupe and
State law.
E.
The
processing of cannabis shall at all times be operated in such a way
as to ensure the health, safety, and welfare of the public, the employees
working at the processing facility, visitors to the area, neighboring
properties, and to ensure the security of the cannabis being processed;
and to safeguard against the diversion of cannabis.
(Ord. 2021-494 §2)
A.
In addition
to any regulations adopted by the City Council, the City Administrator
or the City Administrator's designee(s) is authorized to establish
any additional rules, regulations and standards governing the issuance,
denial or renewal of cannabis business permits, the ongoing operation
of cannabis businesses and the City's oversight, or concerning any
other subject determined to be necessary to carry out the purposes
of this chapter.
B.
Regulations
shall be published on the City's website.
C.
Regulations
promulgated by the City Administrator or the City Administrator's
designee(s) shall become effective upon date of publication. Cannabis
businesses shall be required to comply with all State and local laws
and regulations, including, but not limited to, any rules, regulations
or standards adopted by the City Administrator or the City Administrator's
designee(s).
(Ord. 2021-494 §2)
A.
Each
cannabis business shall provide the name, telephone number, and email
address of a community relations contact to whom notice of problems
associated with the cannabis business can be provided. Each cannabis
business shall also provide the above information to all businesses
and residences located within 100 feet of the cannabis business.
B.
During
the first year of operation pursuant to this chapter, the owner, manager,
and community relations representative from each cannabis business
holding a permit issued pursuant to this chapter shall attend meetings
with the City Administrator or the City Administrator's designee(s),
and other interested parties as deemed appropriate by the City Administrator
or the City Administrator's designee(s), to discuss costs, benefits,
and other community issues arising as a result of implementation of
this chapter. After the first year of operation, the owner, manager,
and community relations representative from each such cannabis business
shall meet with the City Administrator or the City Administrator's
designee(s) when and as requested by the City Administrator or the
City Administrator's designee(s).
C.
Cannabis
businesses to which a permit is issued pursuant to this chapter shall
develop a City approved public outreach and educational program for
youth organizations and educational institutions that outlines the
risks of youth addiction to cannabis, and that identifies resources
available to youth related to drugs and drug addiction.
(Ord. 2021-494 §2)
The amount of any fee, cost or charge imposed pursuant to this
chapter shall be deemed a debt to the City that is recoverable via
an authorized administrative process as set forth in the City ordinance
or by a legal proceeding in any court of competent jurisdiction.
(Ord. 2021-494 §2)
The person to whom a permit is issued pursuant to this chapter
shall be responsible for all violations of the laws of the State of
California or of the regulations and/or the ordinances of the City,
whether committed by the permittee or any employee or agent of the
permittee, which violations occur in or about the premises of the
cannabis business whether or not said violations occur within the
permit holder's presence.
(Ord. 2021-494 §2)
A.
The
City Administrator or the City Administrator's designee(s) charged
with enforcing the provisions of the City of Guadalupe Municipal Code,
or any provision thereof, may enter the location of a cannabis business
at any time, without notice, and inspect the location of any cannabis
business as well as any recordings and records required to be maintained
pursuant to this chapter or under applicable provisions of State law.
B.
It is
unlawful for any person having responsibility over the operation of
a cannabis business, to impede, obstruct, interfere with, or otherwise
not to allow the City to conduct an inspection, review or copy records,
recordings or other documents required to be maintained by a cannabis
business under this chapter or under State or local law. It is also
unlawful for a person to conceal, destroy, deface, damage, or falsify
any records, recordings or other documents required to be maintained
by a cannabis business under this chapter or under State or local
law.
C.
The
City Administrator or the City Administrator's designee(s) charged
with enforcing the provisions of this chapter may enter the location
of a cannabis business at any time during the hours of operation and
without notice to obtain samples of the cannabis to test for public
safety purposes. Any samples obtained by the City of Guadalupe shall
be logged, recorded, and maintained in accordance with established
procedures by the City of Guadalupe's City Administrator or the City
Administrator's designee(s) or these regulations.
(Ord. 2021-494 §2)
Each and every violation of the provisions of this chapter constitutes
a misdemeanor and is hereby deemed unlawful and a public nuisance.
The City reserves the right to pursue any available legal remedy to
address violations of this chapter.
(Ord. 2021-494 §2)
