This chapter shall be known as "Cannabis Cultivation, Dispensaries, and Delivery."
(Ord. 17-467 § 1)
Note: Prior ordinance history: Ords. 385-10 and 395-11.
The purpose of this chapter is to regulate all cannabis activity in the Town of Yountville, including cannabis cultivation, dispensaries, and delivery.
(Ord. 17-467 § 2)
means a legal and permitted building that is completely detached from a private home. An accessory structure shall comply with this code, the California Building Code, and have a complete roof enclosure supported by walls extending from the ground to the roof, and a foundation, slab or equivalent base. An accessory structure shall be secure against unauthorized entry and shall be accessible only through one or more lockable doors. The walls and roofs of an accessory structure must be constructed of solid materials not easily broken through. Exterior walls must be constructed with non-transparent material.
shall have the same meaning as provided in Health and Safety Code Section 11018, as that section now appears or may hereafter be amended or renumbered.
means the planting, growing, harvesting, drying, trimming, or processing of cannabis plants.
means the cultivation of cannabis for medical and/or adult use requiring a State license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
means a State-authorized facility serving children (operated per the California Child Day Care Facilities Act), in which such care is conducted as a business.
means the delivery, transfer, or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana, marijuana edibles, or any marijuana products to or from any location within the Town of Yountville.
means a multifamily residential development where dwelling units are independent from each other and do not share walls or roofs.
means the Planning and Building Director or designee.
means a premises where medical and/or adult use edible cannabis products are offered for sale.
means a cooked, baked, or manufactured cannabis that is intended for edible or comestible consumption. Cannabis that is intended to or may be smoked or vaporized shall not be considered edible cannabis.
means a facility regulated and licensed by a Federal and/or State agency. Unlicensed facilities shall not constitute group homes.
means a development of two or more dwelling units designed to house two or more families living independently of each other.
means the place where a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence, and the use of the residential address for domestic purposes, such as, but not limited to, preparation of and eating of meals, regular mail delivery, and vehicle and voter registration.
means a house, an apartment unit, a mobile home, or other similar dwelling.
means a detached residential dwelling that is lawfully used as a residence.
means a public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
(Ord. 17-467 § 3)
Except as expressly authorized by State law and this chapter, all cannabis activity, dispensaries, cultivation, and businesses shall be prohibited within the Town of Yountville, including all cannabis activity and businesses licensed under State law.
(Ord. 17-467 § 4)
The prohibition contained in Section 9.30.040 shall not prohibit indoor personal use cannabis cultivation authorized by State law and this section as follows:
A.
Indoor personal use cannabis cultivation shall be allowed inside a private residence. Indoor personal use cultivation shall be limited to six plants or 50 contiguous square feet, whichever is less, per private residence, regardless of how many residents reside at the private residence. In multifamily properties with detached housing units, indoor personal use cultivation shall be limited to six plants or 50 contiguous square feet per housing unit, whichever is less. Notwithstanding any other provision of this Subsection A to the contrary, indoor personal use cannabis cultivation of up to six plants or 50 contiguous square feet, whichever is less, shall be permitted in an accessory structure to a private home. Notwithstanding any other provision of this Subsection A to the contrary, under no circumstances shall the resident or residents of a single housing unit cultivate more than six plants or 50 contiguous square feet, whichever is less, regardless of how many residents reside at the housing unit or how many structures are accessory to the private home.
B.
The indoor personal use cannabis cultivation area must be inside a private residence or inside an accessory structure to a private home located upon the grounds of the private home, fully enclosed, secure, and only accessible by lockable doors.
C.
Unless expressly authorized by State law, the cannabis cultivated pursuant to this section shall not be distributed, sold, traded, given, gifted, or transferred in any way to any other person, organization, corporation, or entity.
D.
Indoor personal use cannabis cultivation shall only be undertaken by a person who occupies as a primary residence the property where the indoor personal use cultivation is conducted.
E.
The property where personal use cannabis cultivation is undertaken must be lawfully occupied by the person cultivating the cannabis.
F.
The property where personal use cannabis cultivation is undertaken shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities and with proper ingress and egress.
G.
Indoor personal use cultivation shall not:
1.
Displace any space used for required on-site parking;
2.
Displace any space used for storing garbage or garbage containers;
3.
Utilize lighting that exceeds 1,200 watts;
4.
Utilize an electric generator;
5.
Utilize flammable gas products, including, but not limited to, butane;
6.
Be visible from neighboring properties or from the public right-of-way; and
7.
Emit, create, or produce odors detectable from the public right-of-way or neighboring properties.
(Ord. 17-467 § 5)
The prohibition contained in Section 9.30.040 shall not prohibit the delivery of medical and adult use cannabis consistent with State law and this section as follows:
A.
Delivery of medical and adult use cannabis originating or terminating within the Town of Yountville shall not be allowed without a valid delivery permit issued pursuant to this section.
B.
Within 60 days of the adoption of this chapter, the Director shall prepare a delivery permit application form, a related administrative policy, and a comprehensive checklist of all the requirements a delivery permit applicant must comply with to obtain a delivery permit. Each person, business, or non-profit interested in delivering cannabis originating or terminating within the Town of Yountville may submit an application form together with a non-refundable processing fee in an amount established by resolution of the Town Council.
C.
The Director shall process the application and determine whether the application is in compliance with this section and State law. The Director shall notify applicants in writing of the determination of compliance with this section and State law. The Director shall issue a cannabis delivery permit to applicants determined to be in compliance with this section and State law. A cannabis delivery permit issued pursuant to this section shall be valid for 12 months from the date of issuance. The delivery permit must be renewed annually.
D.
The Director shall adopt a comprehensive checklist of all requirements a delivery permit applicant must comply with to obtain a delivery permit.
E.
The holder of a delivery permit authorized pursuant to this section shall maintain insurance in the amounts and of the types acceptable to the Director in his or her reasonable discretion.
F.
Cannabis products under the possession of a delivery service authorized pursuant to this section shall not be visible from a public or private road, sidewalk, park, or any public area.
G.
The holder of a delivery permit shall provide the Director and the Napa County Sheriff's Department the name and telephone number (including mobile number) of a contact person to whom emergency notice can be provided at any hour. The contact person shall be authorized by the holder of the delivery permit to resolve emergencies.
(Ord. 17-467 § 6)
A.
A violation of any provision of this chapter shall be subject to administrative enforcement under Chapter 8.05 of this code in addition to any other enforcement remedies available under law and this code.
B.
A violation of any provisions of this chapter shall constitute a public nuisance which may be abated and/or enjoined pursuant to law and this code.
C.
Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to State or Federal law shall be made criminal by this code.
(Ord. 17-467 § 7)