Chapters 6.200, 6.201, 6.202, and 6.203 of this Code shall be known as the City of Santa Monica Cannabis Ordinance (hereinafter this "Ordinance"). The City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors, and businesses by developing and implementing strict performance and operating standards for cannabis-related commercial activities so that only the most qualified operators of such businesses will operate within the City. The purpose of this Ordinance is to effectuate these compelling interests by establishing regulatory requirements for commercial cannabis activities within the City.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
For purposes of this Chapter, the following words shall have
the following meanings:
shall have the same meaning as set forth in Business and
Professions Code Section 26001 as the same may be amended from time
to time.
shall have the same meaning as set forth in Section 11018.1
of the Health and Safety Code as may be amended from time to time.
shall have the same meaning as that set forth in Business
and Professions Code Section 26001 as the same may be amended from
time to time.
shall have the same meaning as set forth in Business and
Professions Code Section 26001 as the same may be amended from time
to time.
shall have the same meaning as set forth in Business and
Professions Code Section 26001 as the same may be amended from time
to time.
shall mean the Director of Planning and Community Development
or designee.
shall have the same meaning as set forth in Business and
Professions Code Section 26001 as the same may be amended from time
to time.
shall have the same meaning as set forth in Business and
Professions Code Section 26001 as the same may be amended from time
to time.
shall have the same meanings as set forth in Business and
Professions Code Section 26001 as the same may be amended from time
to time.
means a person who has been issued a permit under this Chapter.
shall have the same meaning as set forth in Business and
Professions Code Section 26070 as the same may be amended from time
to time.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
(a)
The Director may adopt administrative regulations that are consistent
with the purposes of this Chapter, to implement the provisions of
this Ordinance, including, but not limited to, the timely exercise
of rights granted by this Ordinance, the safe and lawful conduct of
all commercial cannabis activities, permit application procedures,
and permit standards.
(b)
No person shall fail to comply with the City's administrative regulations.
Any violation of any administrative regulation issued pursuant to
this Section shall constitute a violation of this Code and shall subject
the violator to the penalties set forth in this Chapter.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
(a)
The City may impose conditions, as part of any permit issued pursuant
to this Ordinance, if the conditions are reasonably necessary to effectuate
the purposes of this Ordinance, protect the peace and tranquility
of any residential area, mitigate traffic impacts, protect other uses
in the area, or protect the health, welfare, and safety of the public.
(b)
A permittee shall comply with all conditions that are imposed as part of the permit pursuant to subsection (a) of this Section.
(c)
Any violation of any permit condition shall constitute a violation
of this Code and shall subject the violator to the penalties set forth
in this Chapter.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
(a)
Before a permit is issued pursuant to this Ordinance, the applicant
shall furnish, and maintain at all times while the permit is in effect,
public liability insurance in amounts as determined by the City's
Risk Manager and name the City of Santa Monica as additional insured.
(b)
The insurance policy shall be endorsed to state that coverage shall
not be cancelled except after thirty days prior written notice by
certified mail has been given to the City.
(c)
If any insurance policy issued to a permittee is cancelled for any
reason, the permit issued under this Ordinance is automatically suspended.
In order to reinstate the permit, the permittee shall provide a new
certificate and policy of insurance to the City.
(d)
A permittee shall maintain in force and effect at all times while
the permit is in effect Workers' Compensation insurance as required
by law.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
All permittees shall operate in full compliance with all applicable
State laws. Nothing in this Ordinance is intended to authorize the
operation of any commercial cannabis activity in a manner contrary
to applicable State laws.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
(a)
Any person who violates any provision of this Ordinance shall be
guilty of an infraction, which shall be punishable by a fine not exceeding
two hundred fifty dollars, or a misdemeanor, which shall be punishable
by a fine not exceeding five hundred dollars per violation or by imprisonment
in the County Jail for a period not exceeding six months or by both
such fine and imprisonment. Violation of any provision of this Ordinance
shall be considered strict liability; accordingly, the prosecution
shall not be required to prove criminal intent or that the violator
meant to violate any provision of this Ordinance.
(c)
Any person convicted of violating this Ordinance in a criminal case,
or found to be in violation of this Ordinance in a civil or administrative
case brought by a law enforcement agency, shall be ordered to reimburse
the City and other participating law enforcement agencies their full
investigative costs.
(d)
Any commercial cannabis activity conducted or maintained contrary to this Ordinance may be, and the same is hereby declared to be, unlawful as defined in Section 1.08.010 of this Code and a public nuisance as defined in this Code and in Penal Code Section 373a. The City may, in addition to, or in lieu of, prosecuting a criminal action hereunder, pursue any available civil remedy, including, but not limited to, an action or preceding for the abatement, removal, and enjoinment of the operation of the commercial cannabis activity and for reimbursement of the costs of such abatement, removal and enjoinment.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
(a)
Any permit authorized pursuant to this Ordinance may be revoked,
suspended, or denied by the Director based upon any of the following
grounds:
(1)
Making one or more false or misleading statements, or material omissions
on the permit application or during the application process;
(2)
Failing to provide information requested or required by the City;
(3)
Any condition set forth in California Business and Professions Code
Section 26057;
(4)
Multiple violations of any conditions of a permit issued pursuant
to this Ordinance;
(5)
Repeated failure to comply with applicable laws or regulations;
(6)
Operating or proposing to operate in a manner that endangers the
health, safety or welfare of the community.
(Added by Ord. No. 2556CCS §
2, adopted 10/24/17)
