It is the purpose and intent of this chapter to promote and protect the public health, safety, and welfare of the residents, business owners, and tourists of Imperial Beach by allowing but strictly regulating the retail sale of cannabis in accordance with state law. It is further the intent of this chapter to ensure that cannabis is not diverted for illegal purposes and to limit its use to people authorized under state law. Nothing in this chapter is intended to authorize cultivation, sale, or possession of cannabis in violation of state law or to permit activities that are otherwise illegal under state or local law. It is not the intent of this chapter to supersede or conflict with state law, but to implement the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), and the Adult Use of Marijuana Act (AUMA), and any subsequent laws which implement or alter their provisions.
The AUMA, adopted by the voters of the State of California in November 2016, decriminalized non-medicinal cannabis and established a regulatory system for non-medicinal cannabis businesses in California. MAUCRSA, enacted by the California Legislature in June 2017, established a comprehensive set of laws regulating both individual and commercial medicinal and non-medicinal cannabis activity throughout the State of California. Under California law, local jurisdictions are authorized to either permit or prohibit the operation of cannabis businesses within their boundaries.
The City has experienced the negative impacts and secondary effects associated with the operation of unlawful cannabis businesses within its corporate boundaries. Unregulated businesses remain a source of danger and disruption for City residents and businesses. In response to changes in California law, and in an effort to mitigate the negative impacts brought by unregulated commercial cannabis activity, the City now desires to license and regulate commercial cannabis activities within the City.
(Ord. 2018-1173 § 3)
When used in this chapter, the following words and phrases (whether capitalized or not) shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this code, or shall otherwise be defined by common usage for definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any references to state laws, including references to any California statutes or regulations, are deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this chapter.
"Attractive to youth"
means products, packaging, labeling, or advertisements that are reasonably likely to encourage individuals under age 21 to initiate cannabis consumption or otherwise to accidentally or purposely consume cannabis or cannabis products. Attractive to youth items include:
1. 
Products that resemble a non-cannabis consumer product of a type that is typically consumed by, or marketed to youth, such as a specific candy or baked treat.
2. 
Packaging or labeling that resembles packaging or labeling of a non-cannabis consumer product of a type that is typically consumed by or marketed to youth.
3. 
Packaging or labeling that contains images, characters, or phrases that closely resemble images, characters, or phrases popularly used to advertise to youth.
4. 
Advertising that mimics advertising of a non-cannabis consumer product of a type that is typically consumed by, or marketed to youth.
5. 
Advertising that contains images, characters, or phrases that closely resemble images, characters, or phrases popularly used to advertise to youth.
"Cannabis"
has the same meaning as in Section 26001 of the California Business and Professions Code, as the same may be amended from time to time and cannabis may be interchanged with the word "marijuana" in this chapter.
"Cannabis outlet"
means a retail establishment operating with a regulatory safety permit in accordance with this chapter, where cannabis, cannabis products, and cannabis accessories, as defined in California Health and Safety Code Sections 11018, 11018.1, and 11018.2 respectively, are sold to the public in accordance with dispensary or retailer licensing requirements contained in the California Business and Professions Code sections governing cannabis and medical cannabis. A cannabis outlet shall not engage in cultivation, manufacturing or testing of cannabis or cannabis products. A cannabis outlet shall not include clinics licensed by the state and properly operating pursuant to the provisions of Division 2 of the California Health and Safety Code.
"Cannabis permitted use" or "cannabis permitted uses"
means a cannabis outlet as described in this chapter.
"Cannabis product"
has the same meaning as in Section 11018.1 of the California Health and Safety Code.
"Commercial cultivation"
means the planting, cultivating, harvesting, drying, or processing of cannabis plants in any structure other than a private residence.
"Consumption"
means to eat, drink, taste, smoke, or otherwise ingest.
"Crime of moral turpitude"
means a crime involving deceit, fraud, a readiness to do evil, or an act of moral depravity of any kind that has a tendency in reason to shake one's confidence in the perpetrator's honesty.
"Cultivate" and "cultivation"
are given the same definition as found in Section 26001 of the California Business and Professions Code, as the same may be amended from time to time.
"Delivery"
is given the same definition as found in Section 26001 of the California Business and Professions Code, as the same may be amended from time to time.
"Department"
means the City of Imperial Beach Community Development Department.
"Director"
means the City Manager of the City of Imperial Beach or designee.
"Fully enclosed and secure structure"
means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors.
"Liquid assets"
means assets that can be readily converted into cash. Liquid assets include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds. Liquid assets does not mean household items, furniture and equipment, vehicles, cannabis plants or products, business inventory, or real property and improvements thereto.
"Manager"
means any person responsible for the establishment, organization, supervision, or oversight of the operation of a cannabis permitted use, including, but not limited to, members who perform the functions of president, vice-president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one or more of the following functions shall be prima facie evidence that such person is a manager:
1. 
To hire, select, or separate employees or staff, including volunteers;
2. 
To acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock;
3. 
To disburse funds of the business other than occasional expenditures for replenishment of stock; or
4. 
To make, or participate in making, policy decisions relative to the operations of the business.
"Mobile dispensary"
is any use or business that is operating at a location that is not fixed which engages in the retail sale or provision of cannabis or cannabis products.
"Outdoor cultivation"
shall mean the planting, cultivating, harvesting, drying, or processing of cannabis plants in any location within the City of Imperial Beach that is not within a fully enclosed and secure structure.
"Primary caregiver"
shall have the same definition as that contained in Health and Safety Code Sections 11362.5 and 11362.7, as the same may be amended from time to time.
"Qualified patient"
shall have the same definition as that contained in Health and Safety Code Section 11362.5, as the same may be amended from time to time.
"Responsible managing officer"
means the officer or manager designated by a proposed cannabis permitted use who shall sign the regulatory safety permit application as noted in Section 4.60.070 of this chapter and who will have such other responsibilities as noted in this chapter.
"Responsible person"
includes an employee or volunteer and each person upon whom a duty, requirement or obligation is imposed by this chapter, and any person who is otherwise responsible for the operation, management, direction, or policy of a cannabis permitted use. It also includes an employee or volunteer who is in apparent charge of a cannabis permitted use. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property.
"State law(s)"
means the laws of the State of California, which include, but are not limited to: California Health and Safety Code Section 11000, et seq.; California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Section 11362.7, et seq. (Medical Marijuana Program); California Health and Safety Code Section 26000, et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"); California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California.
(Ord. 2018-1173 § 3)
The operating standards established in this chapter apply to any site, facility, location, use, or business currently operating in the City of Imperial Beach, or which commences operations after the effective date of this chapter, that distributes, dispenses, stores, sells, exchanges, delivers, or gives away, cannabis or cannabis products for medicinal or recreational use. Any such use shall operate in compliance with the operating standards set forth in this chapter to assure that the operations are in compliance with state law and to mitigate the adverse secondary effects from such operations.
(Ord. 2018-1173 § 3)
A. 
A cannabis permitted use may only operate in the C/MU-1 (general commercial and mixed use) zone in accordance with this chapter and Title 19 of the Imperial Beach Municipal Code. No cannabis permitted use shall operate within any other zone in the City.
B. 
A cannabis permitted use must have frontage along State Route 75.
(Ord. 2018-1173 § 3)
A. 
A cannabis permitted use shall not operate/locate within 900 feet of any:
1. 
School (K-12 grades);
2. 
Park or playground where children assemble;
3. 
Other cannabis permitted use;
4. 
City or state licensed day care facility; and/or
5. 
Drug and/or alcohol rehabilitation/treatment services use/facility.
B. 
All cannabis permitted uses must maintain a 20-foot landscape buffer from residential zoning.
C. 
The separation measurements shall be done by using a straight line from the perimeter of the subject parcel to the closest property line of the separation uses mentioned above.
(Ord. 2018-1173 § 3)
There shall be no more than one cannabis permitted use operating within the City. A minimum of 12 months after the opening of the first cannabis permitted use in accordance with this chapter, the City Council in its sole and absolute discretion may consider allowing a second cannabis permitted use by approving a resolution after a review of pertinent factors, including, but not limited to: complaints, criminal activity, license status of the currently operating cannabis permitted use, public input, research findings, and the application review process. If the City Council in its sole and absolute discretion allows for a second cannabis permitted use, the City Council shall adopt a timeline for the application process for the second cannabis permitted use.
(Ord. 2018-1173 § 3)
A. 
It is unlawful for any person to operate any cannabis permitted use, unless that person: (1) has a valid regulatory safety permit ("RSP") issued pursuant to this chapter; (2) has a valid state license authorizing such use; and (3) is currently in compliance with all other applicable state and local laws and regulations pertaining to such use.
B. 
Each cannabis permitted use shall designate one officer or manager to act as a responsible managing officer. The responsible managing officer shall complete and sign the RSP application as required by this chapter on behalf of the cannabis permitted use.
C. 
An RSP issued pursuant to this chapter does not eliminate the need for any person to obtain other required permits or licenses related to the operation of the cannabis permitted use, including, without limitation, any State of California license, any sales tax license, business license/registration, development approvals or building permits required by this code.
D. 
RSPs issued under this chapter are valid for one year, unless sooner revoked, and shall expire 12 months after the date of issuance. No permit granted herein shall confer any vested right to any person or business for more than the above-referenced period.
E. 
No RSP shall be transferred to a new owner, business, or location, unless the City Manager has provided written approval. No person is allowed to sell, transfer, pledge, assign, grant an option, or otherwise dispose of its City RSP, unless the City Manager has provided written approval. Any such sale, transfer, pledge, assignment, grant or attempted sale, transfer, pledge, assignment or grant without the City Manager's written approval shall be deemed to constitute a voluntary surrender of the RSP and such RSP shall thereafter be null and void.
F. 
At least 60 days prior to expiration of the RSP for a cannabis permitted use, the responsible managing officer shall submit a request for extension to the department along with any information the City deems necessary for review of the renewal and a non-refundable renewal deposit. The City shall not extend the RSP if it has been revoked or suspended within the last 12 months. Temporary permits will not be issued. Any permittee allowing his or her RSP to lapse or which RSP expired during a suspension shall be required to process a new application along with other applicants in accordance with the provisions of this chapter, including submitting a new application and paying the corresponding original application fees.
G. 
If new laws or regulations, including, but not limited to, local laws or regulations, or taxes, including, but not limited to, local taxes, are passed/approved during the life of an RSP, the new laws or taxes shall apply to such RSP, any extension of an RSP, and/or any new RSPs issued thereafter.
(Ord. 2018-1173 § 3)
A. 
Within 60 business days after the effective date of this chapter, the City shall prepare application forms. Each business interested in operating pursuant to this chapter may submit an application together with an initial $10,000.00 cost recovery application review deposit. If application review costs exceed $10,000.00 the City shall notify the applicant and the applicant shall provide additional funds within seven business days. Failure to submit additional cost recovery funds shall void the application. After the applicant has been notified of the City's final action with respect to the application, the City will return to the responsible managing officer of record any unused cost recovery application review deposit funds within 30 business days. Funds actually used by the City to process the application are non-refundable. Within 120 business days after the effective date of this chapter, the City shall stop accepting applications. The Director is authorized to hire a third party to assist the City with processing any and all applications received pursuant to this chapter. The costs of such third party services shall be borne by the applicants as part of the cost recovery application review costs.
B. 
Preliminary Application Elements.
Step 1. Any applicant seeking to obtain an RSP to operate a cannabis permitted use within the City shall submit a preliminary application to the City, signed under penalty of perjury, using the form created by the City for that purpose. Among other information, each preliminary application must contain the following:
a.
Applicant's name, address, telephone number, and e-mail address;
b.
Names and addresses of the responsible managing officer, managers, and responsible persons;
c.
If any applicant is a business entity or any other form of entity, the entity's legal status, formation documents, and proof of registration with, or a certificate of good standing from, the California Secretary of State, as applicable;
d.
The name and address of the applicant's current agent for service of process;
e.
A description of any and all commercial cannabis activity (including medical marijuana) engaged in by the applicant, the responsible managing officer, and all managers and responsible persons over the previous five years, including, but not limited to, the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity. An applicant for a cannabis outlet, must demonstrate the following:
 
That the responsible managing officer or at least one manager of the proposed cannabis outlet shall have engaged in a minimum of 12 consecutive months of lawful commercial cannabis activity with a medical cannabis business, within the previous five years, in a jurisdiction permitting such commercial cannabis activity for medicinal purposes. The 12 consecutive months of lawful commercial cannabis activity demonstrated must be of a type substantially similar to that allowed by the RSP for which the applicant is applying;
f.
Documentation demonstrating a minimum of $300,000.00 in liquid assets available under the applicant's control;
g.
A business plan that contains, at a minimum, the following: a defined scope of planning and capital improvements; demonstration of ability to fund the required improvements; estimated revenues and expenses; and a demonstrated ability to operate in a highly regulated industry;
h.
An operating plan that contains, at a minimum, the following: provisions for adequate staffing, security, employee training, consumer education, and compliance with state and local laws and regulations;
i.
Submission by each individual applicant, the responsible managing officer, manager, and responsible person of fingerprints and other information deemed necessary by the City for a background check by the City. If the applicant or any manager is an entity, the City Manager will require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the City for a background check;
j.
Proposed cannabis outlet location and description;
k.
Information and diagrams demonstrating that the proposed premises location complies with the applicable requirements of this chapter, including the specific requirements of Section 4.60.100, Title 19 of this code, and state laws. A "to scale" diagram of the proposed premises, showing, without limitation, a site plan to include all of the following elements: as shown in Chapter 19.81 of this code such as building layout, leasable floor space, all entryways and exits to the cannabis establishment, loading zones and all areas in which cannabis may be located;
l.
Identification of all owners of the proposed premises location and a copy of all agreements to demonstrate ownership of the property and/or a valid lease or other right to use the property by applicant;
m.
Proposed emergency action and fire prevention plan that includes, at a minimum, employee roles and responsibilities; emergency notification and egress procedures; fire hazard identification, maintenance, and procedures; and fire and life safety system identification, maintenance, and procedures;
n.
Proposed security plan that includes, at a minimum, employee roles and responsibilities; entry/exit security and procedures; security guard coverage and duties; lighting, alarm, and camera placement and operation; limited-access area identification and procedures; and cash handling processes and procedures;
o.
A statement, under penalty of perjury, by each individual applicant, responsible managing officer, manager, and responsible person that all information provided thereby is true and correct and that he or she has not conducted commercial cannabis activity in violation of any state or local law;
p.
If an individual applicant, responsible managing officer, manager, responsible person or any entity such individual has been associated with in such capacity, has been denied authorization to conduct commercial cannabis activity in any jurisdiction and/or such person's authorization to conduct commercial cannabis activity in any jurisdiction has been suspended or revoked at any time, a description of each denial, suspension and/or revocation, including the reasons therefor, a copy of the jurisdiction's denial, suspension and/or revocation; and documentation demonstrating a material change in circumstances since such denial, suspension, or revocation;
q.
The City Manager, or designee, may request such additional information, as he or she deems necessary including documents, from the applicant to evaluate applicant's qualifications. Applicants will be given 30 working days after notice by the City to cure any deficiencies in the application, if applicable, as identified by the City. If the applicant fails to provide such additional information in the time allotted, the preliminary application shall be considered abandoned.
Step 2. The preliminary application shall be reviewed by the City Manager or designee for completeness and to determine if the City's minimum qualifications have been satisfied. Preliminary applications may be rejected by the City Manager or designee for any of the following reasons in his or her discretion:
a.
The application is received after the designated time and date;
b.
The application is not in the required form and/or is incomplete. A preliminary application shall not be considered complete until the City Manager, or designee has: (i) determined that all requirements of the application have been provided to the City, (ii) received the cost recovery application deposit fee, and (iii) obtained all other information the City Manager deems necessary to make a decision whether the preliminary application meets the requirements of state laws or this code;
c.
The applicant has failed to pay the cost recovery application deposit fee required by this chapter;
d.
The applicant has failed to demonstrate the financial capacity to operate its proposed commercial cannabis business and to fulfill its obligations under this chapter;
e.
The applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process;
f.
The applicant, the responsible managing officer, any manager or responsible person is under 21 years of age;
g.
The applicant or the responsible managing officer, any manager or responsible person is an entity that is incorporated outside of the United States;
h.
The applicant has failed to demonstrate the minimum experience required in accordance with subsection B (Step 1)(e) of this section;
i.
The application fails to demonstrate that the proposed cannabis outlet location complies with this chapter, the City's zoning code, and state laws;
j.
An owner of the proposed premises location has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of state or local laws related to commercial cannabis activity;
k.
The applicant or the responsible managing officer, any manager or responsible person has had his, her or its authorization to conduct commercial cannabis activity in any jurisdiction suspended or revoked at any time, and such person has not demonstrated a material change in circumstances or corrective action since such suspension, and/or revocation.
Step 3. Preliminary applications accepted by the City Manager or designee as minimally qualified shall then be forwarded for review and completion of any and all required background checks. Preliminary applications may then be rejected by the City Manager or designee for any of the following reasons in his or her discretion:
a.
The applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process;
b.
The applicant, the responsible managing officer, any manager or responsible person or any other individual identified by the City has failed to submit finger-prints and other information deemed necessary by the City Manager or designee for a background check by the City;
c.
The applicant or the responsible managing officer, any manager or responsible person has been convicted of a felony;
d.
The applicant or the responsible managing officer, any manager or responsible person has been convicted of any crime of moral turpitude or any offense involving the use of a weapon;
e.
There are charges pending against the applicant, or the responsible managing officer, any manager or responsible person for a felony offense, a crime of moral turpitude, or an offense involving the use of a weapon;
f.
The applicant, or the responsible managing officer, any manager or responsible person has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of state or local laws or regulations related to commercial cannabis activity or to pharmaceutical or alcohol licensure.
Step 4. The City Manager or designee shall serve the applicant, either personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to reject the preliminary application. This notice shall state the reasons for the action and the effective date of the decision. The City Manager's determination regarding the preliminary application shall be final. The City Manager shall provide dated written notice to the applicant, either personally or by first class mail addressed to the address listed on the application, of the City Manager's determination and the right of the applicant to seek judicial review of the City Manager's determination.
Step 5. Applicants who have successfully met the preliminary application requirements above, shall be deemed "qualified applicants" to be submitted to the City Council for affirmation of the qualified applicant list as described below. Each application that is in compliance with this chapter shall be placed on the "qualified applicant list" and the City Manager or designee shall notify the applicant in writing that it is a "qualified applicant." Once all preliminary applications are processed as described and in accordance with the preliminary application requirements specified in this section, the City Manager shall submit the qualified applicant list as an informational item to the City Council for affirmation.
Step 6. After the City Council informational affirmation of the qualified applicant list, if there are more qualified applicants than available RSPs, the City shall hold an independent selection process in an open and public location and then issue all qualified applicants a number. The top numbered application chosen through the independent selection process will be placed on the "RSP eligibility list." The applicant on the RSP eligibility list may then choose to complete all requirements for an RSP pursuant to Section 4.60.090. The applicant identified on the RSP eligibility list following the independent selection process must obtain all necessary approvals and complete all conditions precedent listed in Section 4.60.090, within 12 months of notification. Failure to complete the requirements in Section 4.60.090 by that deadline will disqualify the applicant from the RSP eligibility list and the waitlist described below.
Step 7. Qualified applicants will appear on the qualified applicant list in the order that they are selected during the independent selection process. This list is the waitlist. The waitlist will remain active until the applicant on the RSP eligibility list obtains its certificate of occupancy and final RSP. After the applicant on the RSP eligibility list obtains the certificate of occupancy and final RSP, the waitlist will be abolished and all applications on it will be null and void.
C. 
Subsequent Year Application Process. One year after the effective date of the first RSP issued pursuant to the process outlined in this chapter ("anniversary date"), the City may accept applications for a period of 90 days if there is an available RSP to be issued. After the 90 days, the application process will be closed, and the applications will proceed through Steps 1 through 7 outlined above. If there is no available RSP on the anniversary date, then no application process will proceed. This process will repeat annually on the anniversary date.
D. 
General Rules Regarding the Preliminary Application Process.
1. 
If a preliminary application is denied or expires, no applicant or person named therein will be qualified to submit a new preliminary application until the passage of one year from the date of the denial or expiration.
2. 
Preliminary applications shall include such supplemental materials as required by the rules and regulations adopted pursuant hereto. The City may, at the City Manager's sole discretion, require additional documentation associated with any application as may be necessary to enforce the requirements of state laws and this code, during the preliminary application and council affirmation process.
3. 
Applicants shall have no right to operate until an RSP is actually issued thereto by the City. Each applicant assumes the risk that, at any time prior to the issuance of an RSP, the City Council in its sole and absolute discretion may terminate or delay the program created under this chapter.
4. 
Issuance of an RSP does not create a land use entitlement. Furthermore, no RSP will be officially issued and no applicant awarded an RSP may begin operations until the applicant is fully in compliance with all state and local laws and regulations, including, but not limited to, this chapter.
5. 
The City reserves the right to reject or approve any and all applications based on the standards set forth in this chapter, or otherwise in its sole discretion, taking into account the health, safety and welfare of the community, and in accordance with its general police powers authority.
(Ord. 2018-1173 § 3)
A. 
Prior to commencing operations under an RSP, in addition to any and all other applicable state and local requirements, the qualified applicant from the RSP eligibility list must comply with the following requirements:
1. 
Fees and Charges. Pay in full all regulatory fees and charges required for the operation of a permitted cannabis use. Regulatory fees and charges associated with the operation of a permitted cannabis use shall be established by resolution of the City Council which may be amended from time to time.
2. 
Business License Tax. Pay to the City a business license tax as required by this code.
3. 
Permits and Approvals. Obtain all applicable planning, zoning, building, environmental, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the premises and the zoning district in which such business will be located and be in compliance with Section 4.60.100 of this chapter.
4. 
As a condition precedent to the City's issuance of an RSP pursuant to this chapter, in the event the premises will be leased from another person, the applicant shall be required to provide a signed and notarized state-ment from the owner(s) of the premises, acknowledging that the owner(s) of the premises has read this chapter and consents to the operation of the cannabis outlet on the premises.
5. 
Final Security Plan Approval. Obtain final security plan approval from the City for the premises and operation of the cannabis outlet.
6. 
Final Emergency Action and Fire Prevention Plan Approval. Obtain final safety approval from the Fire Chief for the premises and operation of the cannabis outlet.
7. 
State License. Submit proof that the necessary state license has been obtained and that applicant remains in good standing thereunder. If the state requires the City RSP to be issued prior to issuance of a state license, then the City may issue a conditional RSP if all of the following requirements are met:
a. 
The City has determined that the qualified applicant has satisfied all other requirements listed in this section; and
b. 
The qualified applicant agrees in writing not to begin operation until the state license has been issued and proof of such state license has been provided to the City.
8. 
Agreement. Submit a fully executed agreement as required by Section 4.60.110.
9. 
Insurance. Submit proof of insurance at coverage limits and with conditions thereon determined necessary and appropriate by the City's Risk Manager.
10. 
Evidence of a valid sales tax license for the business and/or a copy of the applicant's Board of Equalization or applicable state department's seller's permit, if applicable.
11. 
Operational Requirements. Demonstrate compliance with any and all preopening operational requirements that may apply as specified in this chapter and the ability to comply with and all applicable and ongoing operational requirements.
12. 
The City shall, prior to issuance of the RSP, perform an inspection of the proposed premises to determine compliance with any applicable requirements of this chapter or other provisions of this code.
13. 
After approval of an application, an RSP shall not be issued until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with this chapter and any applicable provisions of this code or state law or regulation and until the necessary department(s) has performed the inspection required by this chapter.
(Ord. 2018-1173 § 3)
In order to address integration into the City's building, environmental and safety requirements associated with cannabis uses, building design is a critical consideration, and as such the following building designs shall be required in order to achieve a modern, high quality, safe, and efficient structure. A California licensed architect shall submit scaled plans depicting building façades including the following:
A. 
Minimum Wall Articulation. Building bays shall be a maximum of 30 feet in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers and fenestration pattern. In order to add architectural interest and variety and avoid the effect of a single, long or massive wall with no relation to human size, the following additional standards shall apply:
1. 
No wall that faces a street or connecting walkway shall have a blank, uninterrupted length exceeding 30 feet without including at least two of the following: change in plane, change in texture or masonry pattern, windows, treillage with vines, or an equivalent element that subdivides the wall into human scale proportions.
2. 
Side or rear walls that face walkways may include false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations of the wall, only when actual doors and windows are not feasible because of the nature of the use of the building.
3. 
All sides of the building shall include materials and design characteristics consistent with those on the front. Use of inferior or lesser quality materials for side or rear façades shall be prohibited.
B. 
Façades. Façades that face streets or connecting pedestrian frontage shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, treillage with vines, along no less than 50% of the façade.
C. 
Entrances. Primary building entrances shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the inclement weather.
D. 
Awnings. Awnings shall be no longer than a single storefront.
E. 
Base and Top Treatments. All façades shall have:
1. 
A recognizable "base" consisting of, but not limited to: (a) thicker walls, ledges or sills; (b) integrally textured materials such as stone or other masonry; (c) integrally colored and patterned materials such as smooth finished stone or tile; (d) lighter or darker colored materials, mullions or panels; or (e) planters.
2. 
A recognizable "top" consisting of, but not limited to: (a) cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials; (b) sloping roof with overhangs and brackets; (c) stepped parapets.
F. 
Encroachments. Special architectural features, such as bay windows, decorative roofs and entry features may project up to three feet into street rights-of-way, provided that they are not less than nine feet above the sidewalk. Trellises, canopies and fabric awnings may project up to five feet into front setbacks and public rights-of-way, provided that they are not less than eight feet above the sidewalk. No such improvements shall encroach into alley rights-of-way.
G. 
Building plans shall demonstrate a minimum LEED silver or equivalence and substantiated by a letter signed and stamped by a credentialed LEED certified architect licensed in the State of California.
1. 
A minimum of two vehicle charging stations.
2. 
A signage plan that is in compliance with all applicable requirements of Chapter 19.52 of this code and the applicable design standards and guidelines.
(Ord. 2018-1173 § 3)
To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability to any applicant, government agency, or third party as a result of having issued an RSP pursuant to this chapter, or otherwise approving the operation of any cannabis permitted use. After approval of an application, an RSP shall not be issued until the responsible managing officer or other authorized person for the cannabis permitted use has completed, signed, and provided the City with an agreement, in a form approved by the City Attorney, whereby all owners of the cannabis permitted use agree to: (1) indemnify, protect, defend (at owner's sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, agents and volunteers from any and all claims, losses, damages, injuries, liabilities or losses that arise out of, or in any way related to, the City's issuance of the RSP, the City's decision to approve the cannabis permitted use, the process used by the City in making its decision, the operation of the cannabis permitted use, or the alleged violation of any federal, state or local laws by the cannabis permitted use or any of its officers, directors, owners, employees, representatives, agents or volunteers; and (2) provide evidence of and maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City's Risk Manager.
(Ord. 2018-1173 § 3)
A. 
Prior to acting as a responsible person in a cannabis permitted outlet, all persons shall undergo finger-printing.
B. 
The City shall conduct a background check of all responsible persons. Any person who has been convicted of a fel-ony cannot act as a responsible person for a cannabis permitted use. A conviction is complete upon entry of judgment upon a finding of guilty, or upon entry of a plea of guilty, or upon entry of a plea of nolo contendere or "no contest," regardless of the pendency of any appeal, or expungement pursuant to California Penal Code Section 1203.4, 1203.4a, or 1203.41.
C. 
It is unlawful for any responsible person to act as a responsible person for a cannabis permitted use if he or she:
1. 
Fails to provide their fingerprints to the City or other information deemed necessary by the City for a background check;
2. 
Has been convicted of a felony;
3. 
Has been convicted of any crime of moral turpitude or any offense involving the use of a weapon;
4. 
There are charges pending against the responsible person for a felony offense, a crime of moral turpitude, or an offense involving the use of a weapon; or
5. 
The responsible person has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of state or local laws or regulations related to cannabis or to pharmaceutical or alcohol licensure.
D. 
The cost of the fingerprinting and attendant background check shall be borne by the responsible person.
E. 
A responsible person, responsible managing officer, or manager of a cannabis permitted use who is convicted of a felony shall report the conviction to the City Manager within 48 hours.
(Ord. 2018-1173 § 3)
A. 
All cannabis permitted uses shall comply with the following standards and requirements:
1. 
Daily Hours of Operation. 8:00 a.m. to 10:00 p.m.
2. 
Signage. All signage and advertising for any cannabis permitted use shall comply with all applicable provisions of Title 19 of this code, the applicable design standards and guidelines, state law, and the rules and regulations adopted thereunder. In addition, all signage of the cannabis permitted use, including, but not limited to, temporary signage, shall contain only the business name and trademark of the cannabis permitted use, the state license number and the RSP number. The following signage is prohibited: window sign-age; banners; signage held by persons (sign spinners).
3. 
Odor Control. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a cannabis permitted use must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a cannabis permitted use, the owner of the subject premises and the manager shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The manager shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. If there are more than two violations within any 12-month period, the RSP for the use type generating the odor shall be revoked.
4. 
Visibility. All activities of a cannabis permitted use, including, without limitation, processing, displaying, selling and storage, shall be conducted indoors. No cannabis or cannabis products shall be visible from the exterior of any cannabis permitted use, or on any of the vehicles owned or used as part of a cannabis permitted use. No outdoor storage of cannabis or cannabis products is permitted at any time.
5. 
Security. Security requirements for any premises of a cannabis permitted use pursuant to this chapter, shall include, at a minimum, lighting, physical security by a person licensed by the State of California during hours of operation, video as described below, alarm requirements, and other minimum procedures for internal control as deemed necessary by the City to properly administer and enforce the provisions of this chapter. Security measures at all cannabis permitted uses shall be consistent with all requirements imposed by the state and its rules and regulations. The City shall have the authority to impose additional security requirements upon a cannabis permitted use at any time.
6. 
Video. The location, interior and exterior, shall be monitored at all times by web-based, closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location of the cannabis permitted use. The recordings shall be maintained for a period of not less than 90 days by the cannabis permitted use. The City/Sheriff may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the City/sheriff may seek a warrant or court order for the recordings.
7. 
On-Site Consumption. On-site consumption of cannabis or cannabis products at a cannabis permitted use is prohibited.
8. 
Business License Required. A cannabis permitted use shall maintain a valid business license pursuant to Title 4 of this code.
9. 
Power Usage. All power use at a cannabis permitted use shall be from renewables. An applicant shall demonstrate compliance with this provision prior to the issuance of a permit. If an applicant can demonstrate, in writing from the utility provider, that a program to provide 100% renewables is not available, and there are physical limitations preventing 100% renewables on premises, a reduction in the percentage may be allowed by the City but only in the amount unachievable from the aforementioned methods.
10. 
A copy of the RSP shall be displayed at all times in a place visible to the public.
11. 
Compliance with Chapter 19.26 C/MU-1 General zoning regulations is required.
12. 
All cannabis and cannabis products shall be sold, delivered, or otherwise provided to customers in childproof packaging/locked opaque bags or containers in accordance with state requirements.
13. 
The security guard and personnel of the cannabis permitted use shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and do not consume cannabis in the vicinity of the cannabis permitted use or on the property or in the parking lot. The cannabis permitted use shall take reasonable steps to prevent individuals from delaying or lingering on the premises without a lawful purpose. The cannabis permitted use shall take reasonable steps to prevent the use and consumption of cannabis or cannabis products on the premises.
14. 
No recommendations from a doctor for cannabis shall be issued on-site.
15. 
A cannabis permitted use shall notify customers verbally or by written agreement and by posting of a notice or notices in a minimum of 24-point font conspicuously within the premises the following warnings:
a. 
That loitering on and around the premises is prohibited by California Penal Code Section 647(e) and that patrons must immediately leave the premises and not consume cannabis in the vicinity of the facility or on the property or in the parking lot.
b. 
A warning that patrons may be subject to prosecution under federal cannabis laws.
c. 
That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.
d. 
That the sale or diversion of cannabis or cannabis products without an RSP issued by the City of Imperial Beach is a violation of state law and the Imperial Beach Municipal Code.
e. 
Secondary sale, barter, or distribution of cannabis or cannabis products purchased from [insert name of cannabis permitted use] is a crime and can lead to arrest.
16. 
A cannabis permitted use shall not store more than $500.00 in cash reserves overnight on the premises and shall make at least one daily cash drop that includes all cash collected on that business day.
17. 
No one under 21 years of age shall be permitted to enter the establishment unless such person is a qualified patient and is accompanied by a person that is over the age of 18 and is his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian.
18. 
No person under the age of 21 years of age may be employed by or act as a responsible person on behalf of a cannabis permitted use.
19. 
Employee Identification. Each and every employee of a cannabis permitted use must, at all times when present on a premises or while conducting a delivery, wear an identification badge containing their photograph, the name of the cannabis permitted use for whom they are employed, and, if the employee is a manager, the employee's job title.
20. 
A cannabis permitted use shall provide the name and phone number (both landline and mobile, if available) of an on-site staff person to the Sheriff's Department and the department for notification if there are operational problems with the establishment and to whom emergency notice may be provided at any hour of the day.
21. 
The cannabis permitted use shall have a centrally-monitored fire and burglar alarm system and the building or the portion of the building where the cannabis permitted use is located shall contain a fireproof safe.
22. 
All restroom facilities on the premises shall remain locked and under the control of management.
23. 
Delivery. Cannabis outlets may deliver products to customers within the City of Imperial Beach, provided such delivery is in compliance with this chapter, any city or state laws and regulations, and the delivery vehicle does not advertise cannabis products on the exterior of the vehicle or delivery person. No delivery vehicle or delivery person shall contain markings, colors or use sound, music or any indicia that may in any way be associated with cannabis or any cannabis permitted use. Delivery vehicles or mobile devices of any kind (including, but not limited to, bicycles, golf carts, scooters, and individuals on foot or using any transport device) shall not dispense cannabis or cannabis products except by written or electronic verifiable order, nor may they dispense any non-cannabis product to the general public.
B. 
It is unlawful for any cannabis permitted use to:
1. 
Allow cannabis or cannabis products to be consumed upon its premises.
2. 
Use advertising material that is misleading, deceptive, or false or that is designed to appeal to persons under 21 years of age as more particularly described in Section 4.60.140 of this chapter.
3. 
Sell cannabis or retail cannabis products to a person under 21 years of age unless such person is a qualified patient and is accompanied by a person who is over the age of 18 and his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian.
4. 
Sell cannabis or retail cannabis products to a person who does not present a government issued identification at the time of purchase. To sell more than 28.5 grams of non-concentrated cannabis, or eight grams of concentrated cannabis during a single transaction, or during a single 24-hour period.
5. 
Have on the premises any cannabis, cannabis products, or cannabis accessories that shows evidence of the cannabis or cannabis product having been consumed or partially consumed.
6. 
Distribute cannabis or cannabis products, with or without remuneration, directly to another person using a mobile dispensary or delivery service as more particularly described under the "mobile dispensary" definition under Section 4.60.020 of this chapter and subsection (A)(23) of this section. This does not prohibit delivery services from a cannabis permitted use if allowed under the specific conditions of the permit and operated pursuant to the conditions of this chapter.
7. 
Distribute or allow the distribution of any cannabis or cannabis products without charge within a cannabis permitted use or any place open to the public for purpose of promotion or advertising, without the express written permission of the City Manager or designee.
8. 
Distribute or allow the distribution of any coupon or similar writing, electronically or on paper, which purports to allow the bearer to exchange the same for any cannabis or cannabis product either free or at a discount.
9. 
Sell or give away any consumable product, including, but not limited to, cigarettes, alcohol, or edible products that do not contain cannabis (e.g., soda, candy, and baked goods).
10. 
Operate without a valid City of Imperial Beach business license.
11. 
Allow a doctor to issue recommendations for cannabis on-site.
12. 
Operate without timely paying in full all fees and charges required associated with the cannabis permitted use. Fees and charges associated with the cannabis permitted use shall be established by resolution of the City Council which may be amended from time to time.
13. 
Engage in cultivation, manufacturing or testing of cannabis or cannabis products.
C. 
It shall be the sole responsibility of the responsible managing officer, managers and responsible persons of the cannabis permitted use to ensure that the establishment is at all times operating in a manner compliant with all applicable state laws and this chapter. Nothing in this chapter shall be construed as authorizing any actions which violate state law with regard to the sale of cannabis.
D. 
Licenses and Other Approvals. Throughout its operations, the cannabis permitted use must maintain all applicable planning, zoning, building, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the zoning district in which the cannabis permitted use is located.
E. 
Persons with Disabilities. Nothing in this chapter exempts a cannabis permitted use from complying with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.
F. 
Discrimination. No cannabis permitted use may discriminate or exclude patrons in violation of local, state and federal laws and regulations.
G. 
Cannabis permitted use 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 permitted use shall cooperate with the City with respect to any reasonable request to audit the cannabis permitted use's books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period.
(Ord. 2018-1173 § 3)
A. 
It is illegal to market or advertise within the City cannabis or cannabis products that are not permitted to be sold in the City under state law or this chapter.
B. 
Advertising or marketing is prohibited in the City on any sign located within 900 feet of a day care center; school providing instruction in kindergarten or any grades 1 through 12; youth center; youth oriented facility; or public park.
C. 
Advertising or marketing is prohibited in the City on any sign within 900 feet of a drug and/or alcohol rehabilitation/treatment facility.
D. 
Advertising or marketing in the City shall not contain a depiction of an individual under 21 years of age consuming cannabis or cannabis products.
E. 
Advertising or marketing in the City shall not be attractive to youth.
(Ord. 2018-1173 § 3)
A. 
A cannabis permitted use shall maintain records at the location accurately and truthfully documenting:
1. 
The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; and
2. 
The full name, address, and telephone number(s) of all responsible managing officers, managers, and responsible persons who are engaged in the cannabis permitted use and the exact nature of each person's participation in the cannabis permitted use.
B. 
These records shall be maintained by the cannabis permitted use for a period of five years and shall be made available by the cannabis permitted use to the Sheriff's Department and/or City upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the cannabis permitted use may maintain, these records shall be stored by the cannabis permitted use at the location in a printed format in a fireproof safe, that has been certified by Underwriters Laboratories as able to protect documents from continuous exposure to heat and fire for a minimum of 24 hours. Any loss, damage or destruction of the records shall be reported to the City within 24 hours of the loss, destruction or damage.
(Ord. 2018-1173 § 3)
The City may enter and inspect the location of any cannabis permitted use between the hours of 8:00 a.m. and 10:00 p.m., or at any reasonable time, to ensure compliance with this chapter. It is unlawful for any owner, landlord, lessee, manager, responsible person, including, but not limited to, a responsible person engaged in the management, or any other person having any responsibility over the operation of the cannabis permitted use to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this chapter, including, but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring.
(Ord. 2018-1173 § 3)
Notwithstanding any other provision of this code, the City may recover its costs in the form of an application and regulatory permit fee for the costs of reviewing applications and regulating cannabis permitted uses. The application and regulatory permit fees will be as set by the City Council via resolution and can be amended at any time via resolution as necessary in its sole and absolute discretion.
(Ord. 2018-1173 § 3)
A. 
This chapter does not apply to the cultivation of cannabis by a qualified patient or a primary caregiver at that person's home, so long as the qualified patient/primary caregiver is only growing for his or her own personal medical needs or patient's needs in a manner consistent with state law. The cultivation may not violate any California Building, Electrical or Fire Codes, this code, or any other health and safety standards.
B. 
This chapter does not apply to the personal cultivation by adults of six or fewer cannabis plants within a private residence or a fully enclosed and secure structure to that residence. The legal limit on cultivation is six plants per residence, regardless of the number of adults living in the residence. For the purposes of this section, a private residence means a house, apartment unit, mobile home, or other similar dwelling. "Personal cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of cannabis plants for personal use within a private residence or accessory structure to a private residence. The personal cultivation may not violate any California Building, Electrical or Fire Codes, this code, or any other health and safety standards.
C. 
Notwithstanding the above exemptions in subsections A and B of this section, it is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating cannabis plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:
1. 
Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public;
2. 
Repeated responses to the parcel by law enforcement personnel;
3. 
A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; or
4. 
Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling.
(Ord. 2018-1173 § 3)
A. 
In addition to any penalties and remedies provided by law, and any other bases for regulatory action provided by law, cannabis permitted uses are subject to regulatory actions for the following reasons:
1. 
Non-compliance with this chapter, state law or any condition of the RSP;
2. 
Conviction of any crime which would have been grounds for denial of the RSP;
3. 
Failure to take corrective action after timely written notice of a violation;
4. 
Failure to supervise the business, resulting in a pattern of violations of the code or other provisions of law by the responsible persons or patrons, or both. A revocation based on the act or omission of a patron may be based on a determination that a responsible person caused or condoned the act or omission, or failed to take reasonable corrective action after a timely written notice of violation; or
5. 
Violation of any state or local law or regulation pertaining to the business.
B. 
Regulatory action includes the following:
1. 
Issuance of a verbal warning;
2. 
Issuance of a written warning;
3. 
Issuance of a notice of violation;
4. 
Placing conditions upon the RSP which are reasonably related to any violation. Unless otherwise stated as part of the condition, all such conditions expire when the permit expires, excluding any time stayed during an appeal;
5. 
Suspension of the RSP; or
6. 
Revocation of the RSP.
C. 
Written notice of the regulatory actions taken pursuant to subsections (B)(2) through (B)(6) shall be provided to the individual identified as the responsible managing officer.
D. 
A request for an appeal hearing of the regulatory actions taken pursuant to subsections (B)(2) through (B)(6) may be made by the responsible managing officer.
E. 
The request for an appeal hearing must be made in writing to the City Manager within 10 calendar days of the receipt of the notice of regulatory action.
F. 
Upon receiving the request for a hearing, the City Manager shall set a hearing not more than 30 business days from the date of the receipt of the request, unless a later date is agreed to by the City and the responsible managing officer in writing.
G. 
The City Manager shall notify the responsible managing officer of the date, time, and place of the hearing by means of registered or certified mail, or hand delivery.
H. 
The hearing shall be conducted by a Hearing Officer provided by the City Manager.
I. 
The Hearing Officer may affirm, deny, or modify the regulatory action, and shall furnish the reason for the decision to the responsible managing officer in writing within 30 business days of the conclusion of the hearing.
J. 
The regulatory action shall be suspended while an appeal is pending, or until the time for filing such an appeal has expired, except for regulatory action taken when the City Manager determines there is a need to take immediate action to protect the public from injury or harm or when the RSP was based on material misrepresentations in the application and the permit would not have been issued but for the material misrepresentations.
(Ord. 2018-1173 § 3)
A. 
Notwithstanding Section 4.60.190, revocation, suspension, or termination of a state license shall immediately suspend the ability of a cannabis outlet to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the state license. Should the State, or any of its departments or divisions, revoke or terminate a state license, such revocation or termination shall also revoke or terminate the RSP and the cannabis outlet's ability to operate a cannabis business within the City. The responsible managing officer for a cannabis permitted use is required to immediately notify the City of any suspension, revocation or termination of a state license needed to operate the cannabis permitted use.
B. 
Notwithstanding Section 4.60.190, revocation, suspension, or termination of a local permit shall immediately suspend the ability of a cannabis outlet to operate within the City, notwithstanding the continuing validity of the license issued by the State of California, or its respective department or division.
(Ord. 2018-1173 § 3)
A. 
In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of RSPs; the City's oversight of the ongoing operation of cannabis outlets; and any other subject determined to be necessary to carry out the purposes of this chapter.
B. 
Copies of the regulations shall be available from the City.
C. 
Regulations promulgated by the City Council or the City Manager shall become effective and enforceable upon the date of approval and/or with respect to existing cannabis permitted uses, upon the date specified in a written notice to the cannabis permitted use. Cannabis permitted uses must comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the City Manager.
(Ord. 2018-1173 § 3)
Nothing in this chapter shall be construed as authorizing or condoning any actions that violate federal, state or local law with respect to the operation of a cannabis outlet. It shall be the responsibility of the owners, officers, responsible persons, and managers of a cannabis permitted use to ensure that a cannabis permitted use is, at all times, operating in a manner compliant with all applicable laws and regulations, including for as long as applicable, all state laws, any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed by the City as conditions of approval of a state license or an RSP.
Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in state laws. In the event of a conflict between the provisions of this chapter and the provisions of state laws or any other applicable state or local law, the more restrictive provision shall control. To the extent allowed by state law, the City shall have the right, but not the obligation, to enforce all applicable state laws.
(Ord. 2018-1173 § 3)
The City Council in its sole and absolute discretion has the right to review, revise, update or repeal this chapter at any time. At a minimum, the City Council shall review this chapter five years after its approval by appointing an ad hoc subcommittee of the City Council to perform the review and report any findings or recommendations to the City Council.
(Ord. 2018-1173 § 3)
A. 
Any other commercial or retail uses related to medical or recreational cannabis other than a permitted cannabis use are prohibited in the City of Imperial Beach "prohibited cannabis use." Prohibited cannabis use includes, but is not limited to, any commercial or retail uses related to medical or recreational cannabis conducted at a special event in the City of Imperial Beach. It is unlawful and no person shall operate or locate a prohibited cannabis use in the City of Imperial Beach. The City shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of such a prohibited cannabis use in the City of Imperial Beach.
B. 
It is unlawful and no person shall engage in commercial and/or outdoor cultivation of cannabis in the City of Imperial Beach.
C. 
It is unlawful and no person shall deliver or cause to be delivered any cannabis or cannabis products or mobile dispensaries in the City of Imperial Beach unless authorized under a cannabis permitted use pursuant to this chapter. Delivery services of cannabis or medical cannabis are prohibited anywhere in the City unless conducted in conjunction with a cannabis permitted use.
D. 
It is unlawful and no person shall engage in the retail sale of cannabis or cannabis products in the City of Imperial Beach unless authorized under a cannabis permitted use in this chapter.
E. 
It is unlawful and no person shall engage in the manufacturing or testing of cannabis or cannabis products in the City of Imperial Beach.
F. 
It is unlawful and no person shall use any parcel or any portion of parcel of land as a cannabis commercial business or to conduct the retail sale of medical or recreational cannabis, unless it is a valid cannabis permitted use authorized by the City.
G. 
It is unlawful for any person to violate any provision, or to fail to comply with the requirements, of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.
H. 
It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this chapter, or to any other local, state or federal government agency having jurisdiction over any of the activities of the cannabis permitted uses.
I. 
This chapter does not apply where preempted by state or federal law. Nothing in this chapter shall be construed as requiring the City to allow, permit, license, authorize, or otherwise regulate commercial cannabis activity, or as abridging the City's police power with respect to regulation and enforcement regarding commercial cannabis activity.
(Ord. 2018-1173 § 3)
A. 
Any use or condition caused or permitted to exist in violation of any provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City pursuant to the procedures set forth in this code.
B. 
Each violation of this chapter and each day a violation of this chapter continues to exist shall be considered a separate and distinct violation.
C. 
Notwithstanding any other provision in this code, any person found to be in violation of this chapter shall be subject to remedies as noted in this code and as allowed by state and local laws. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal citations, civil penalties, nuisance abatement, civil actions, injunctions, revocations, administrative citations, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the cannabis permitted use and persons related or associated with the cannabis permitted use.
(Ord. 2018-1173 § 3)