A.
It is
the purpose and intent of this Chapter to regulate the cultivation,
manufacturing, processing, testing, transportation, and distribution,
of Cannabis goods in a manner which is responsible, which protects
the health, safety, and welfare of the residents of Palm Springs,
and to enforce rules and regulations consistent with State Law under
the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
In part to meet these objectives, an annual permit shall be required
in order to own and/or to operate an Adult-Use Cannabis Business within
Palm Springs. Nothing in this Chapter is intended to authorize the
possession, use, or provision of Cannabis for purposes that violate
state or federal law. The provisions of this Chapter are in addition
to any other permits, licenses, and approvals that may be required
to conduct business in the City, and are in addition to any permits,
licenses and approval required under state, county, or other law.
B.
It is
the stated intent of this Chapter to regulate Adult-Use Cannabis Activity
in the City of Palm Springs concurrently with the State of California.
C.
All
Applications, proposals, requests for Adult-Use Cannabis related businesses
and activity, and any permits or approvals related to such Adult-Use
Cannabis Businesses and activity, shall be processed, reviewed, and
administered pursuant to the provisions of this Chapter.
D.
Each
Adult-Use Cannabis related business or activity allowed under the
provisions of this Chapter constitutes an activity or business that
involves planting, cultivating, harvesting, transporting, dispensing,
delivering, providing, manufacturing, compounding, converting, processing,
preparing, storing, packaging, or testing any part of the Cannabis
plant under the provisions of the state's Medicinal and Adult-Use
Cannabis Regulation and Safety Act (MAUCRSA).
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
Pursuant to 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 (MAUCRSA), the City of Palm Springs is authorized
to adopt ordinances that establish standards, requirements and regulations
for local licenses and permits for Cannabis and Cannabisrelated activity.
Any standards, requirements, and regulations regarding health and
safety, security, and worker protections established by the State
of California, or any of its departments or divisions, shall be the
minimum standards applicable in the City of Palm Springs to Cannabis,
and/or Cannabis-related activity.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
Except as specifically authorized in this Chapter, the cultivation,
possession, manufacture, processing, storing, laboratory testing,
labeling, transporting, dispensing, distribution, delivery, or sale
of Cannabis goods is expressly prohibited in the City of Palm Springs.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
It shall be the responsibility of the owners and the operators
of the Adult-Use Cannabis Business to ensure that the Adult-Use Cannabis
Business is, at all times, operating in a manner compliant with all
applicable state, and local laws, any regulations promulgated thereunder,
any subsequently enacted State Law or regulatory, licensing, or certification
requirements, and any specific, additional operating procedures or
requirements that may be imposed as conditions of approval of the
Adult-Use Cannabis Permit. Nothing in this Chapter shall be construed
as authorizing any actions that violate federal or State Law with
regard to the operation of an Adult-Use Cannabis Business.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
The following definitions of terms shall apply to this Chapter,
unless the context requires otherwise. Any reference to California
statutes includes any regulations promulgated thereunder and is deemed
to include any successor or amended version of the referenced statute
or regulatory provision.
means the removal and destruction of all cannabis plants
or products creating the condition(s) constituting a violation of
this Chapter as identified in a notice of violation issued by the
Enforcing Officer.
means any cost or expenses, including City staff time reasonably
related to the Abatement of a violation under this Chapter, and shall
include, but shall not be limited to, enforcement, investigation,
summaries, reports, notices, telephonic contact, correspondence, mailing
expense, title search costs, costs incurred in obtaining an administrative
warrant, administrative costs, including total direct and indirect
costs of enforcement established by generally accepted accounting
principles that are reasonably and necessarily incurred by the City
to investigate, inspect, or cure any violation or monitor the recurrence
of any violation that is the subject of a notice issued by the Enforcing
officer, including, but not limited to, scheduling and participation
at hearings, expenses incurred by the City, and any other costs associated
with the removal, abatement or correction of a violation.
means the temporary permit issued by the City to initiate
and obtain any applicable State permits and other preliminary activities
prior to the effective date of this Ordinance.
means an order by the City Manager prohibiting the movement,
removal, transport, use, treatment or disposal of material that is,
or is suspected of being, adulterated, misbranded, or hazardous waste
that is being mismanaged or that the City Manager has reason to suspect
is, or will be managed in violation of the Chapter.
means the lawful use of Cannabis goods under the provisions
of MAUCRSA by a person 21 years old who does not possess a physician's
recommendation for Cannabis goods.
includes cultivation, manufacture, processing, laboratory
testing, transporting, transportation and distribution, distribution,
consumption on-site, or sale of Cannabis goods, within the meaning
of California Business and Professions Code 26000 et seq.
means any business or operation which engages in Adult-Use
Cannabis Activity.
means a regulatory permit issued by the City of Palm Springs
pursuant to this Chapter to an Adult-Use Cannabis Business and is
required before any Adult-Use Cannabis Activity may be conducted in
the City. The initial permit and annual renewal of an Adult-Use Cannabis
Permit 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 Adult-Use Cannabis Activity at issue.
shall have the same meaning as California Business and Professions
Code Section 26131.
means a person 21 years of age or older who has submitted
an Application for a permit or renewal of a permit issued pursuant
to this Chapter. If the Applicant is an entity and not a natural person,
Applicant shall include all persons having a 20% or more financial
interest in the entity.
means that form provided by the City Manager in accordance
with this Chapter for the purpose of seeking an Adult-Use Cannabis
Permit.
means a specific quantity of homogenous cannabis or cannabis
product that is either a harvest batch or a manufactured cannabis
batch.
means a distinctive group of numbers, letters, or symbols
or any combination of these that is unique to a group of cannabis
goods from which the complete history of the commercial cannabis activity
involving the cannabis goods can be determined.
means the Bureau of Cannabis Control, previously named the
Bureau of Marijuana Control, Bureau of Medical Cannabis Regulation,
and Bureau of Medical Marijuana Regulation.
means a chemical compound that is unique to and derived from
Cannabis.
means all parts of the plant Cannabis sativa Linnaeus, cannabis
indica, or cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from
Cannabis. "Cannabis" also means marijuana as defined by Section 11018
of the California Health and Safety Code. "Cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. For the purpose
of this Chapter, "Cannabis" does not mean industrial hemp as that
term is defined by Section 81000 of the California Food and Agricultural
Code or Section 11018.5 of the California Health and Safety Code.
means manufactured Cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing
the product's potency. Resin from granular trichomes from a Cannabis
plant is a concentrate for purposes of this chapter. A Cannabis Concentrate
is not considered food, as defined by Section 109935 of the California
Health and Safety Code, or a drug, as defined by Section 109925 of
the California Health and Safety Code.
means cannabis, including dried flower, and products containing
cannabis.
means all of the following:
The designated area(s) at a licensed premises that will contain
mature plants at any point in time;
Canopy shall be calculated in square feet and measured using
clearly identifiable boundaries of all area(s) that will contain mature
plants at any point in time, including all of the space(s) within
the boundaries;
Canopy may be noncontiguous, but each unique area included in
the total canopy calculation shall be separated by an identifiable
boundary such as an interior wall or by at least 10 feet of open space;
and
If mature plants are being cultivated using a shelving system,
the surface area of each level shall be included in the total canopy
calculation.
means a discrete facility where Cannabis goods may be smoked
or ingested within the confines of the facility.
means an establishment wherein cannabis is sold for medicinal
purposes by a medicinal cannabis cooperative, collective, dispensary,
operator, or retailer who cultivates, distributes, or sells medicinal
cannabis to qualified patients, or primary caregivers of qualified
patients, pursuant to Health and Safety Code Section 11362.5 and qualifies
for an M-license under Division 10 of the Business and Professions
Code.
means a geographic area of the City defined by separate ordinance
in the City's Zoning Code.
means a facility, entity, or site in the City that offers
or performs testing of Cannabis goods and that is both of the following:
has the same meaning as that term is defined in Section 11362.7
of the California Health and Safety Code.
means a certificate issued by an accrediting body to a licensed
Cannabis Testing Facility,, entity, or site to be registered in the
state.
means the temporary permit issued by the City to an Applicant
to initiate and obtain any applicable State applications and other
preliminary activities. A Conditional Cannabis Permit does not permit
the Applicant to commence actual operations of any Adult-Use Cannabis
Activity.
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of Adult-Use Cannabis. Within
the definition of Cultivation, the following specific license types,
corresponding to state cultivator license types set forth in California
Business and Professions Code Section 26050, apply:
Type 1 or "specialty outdoor"
means outdoor Cultivation using no artificial lighting and
having no more than 50 mature plants or 5,000 square feet of total
canopy size whichever is less;
Type 1A or "specialty indoor"
means Cultivation using exclusively artificial lighting,
is entirely contained within a structure, and having no more than
5,000 square feet of total canopy size;
Type 1B or "specialty mixed-light"
means Cultivation using a combination of natural and supplemental
artificial lighting and having no more than 5,000 square feet of total
canopy size;
Type 2 or "small outdoor"
means outdoor Cultivation using no artificial lighting and
having a total canopy size between 5,001 and 10,000 square feet;
Type 2A or "small indoor"
means indoor Cultivation exclusively using artificial lighting
and having a total canopy size between 5,001 and 10,000 square feet;
Type 2B or "small mixed-light"
means Cultivation using a combination of natural and supplemental
artificial lighting and having a total canopy size between 5,001 and
10,000 square feet;
Type 3 or "outdoor"
means outdoor Cultivation using no artificial lighting and
having a total canopy area between 10,001 square feet and one acre;
Type 3A or "indoor"
means indoor Cultivation using exclusively artificial lighting
and having a total canopy area between 10,001 and 22,000 square feet;
Type 3B or "mixed-light"
means Cultivation using a combination of natural and supplemental
artificial lighting and having a total canopy area of between 10,001
and 22,000 square feet; and
Type 4 or "nursery"
means Cultivation of Adult-Use Cannabis solely as a nursery.
means a location where Adult-Use Cannabis is planted, grown,
harvested, dried, cured, graded, or trimmed, or where all or any combination
of those activities occurs, and where the operator holds a valid Adult-Use
Cannabis Permit for Cultivation from the City of Palm Springs and
a valid state license to cultivate Cannabis as required by State Law.
means the commercial transfer of Cannabis goods from a dispensary,
up to an amount determined to be authorized by the State of California,
or any of its departments or divisions, to an individual of 21 years
age or older legally allowed to purchase Cannabis goods. "Delivery"
also includes the use by a dispensary of any technology platform owned
and controlled by the dispensary, or independently licensed by the
State of California under MAUCRSA that enables anyone to arrange for
or facilitate the commercial transfer by a licensed dispensary of
Cannabis goods.
means any person, entity, or operation, in whole or in part,
whether operating for profit or not-for-profit, and all associated
owners, employees, managers or agents engaged in both medicinal and
adult use commercial cannabis activity from the permitted premises
for the retail sale and delivery of cannabis goods to customers. A
"Dispensary," as that term is used in this Chapter, is a "Retailer"
under the MAUCRSA. "Dispensing" means any activity involving the retail
sale of Cannabis goods from a dispensary.
means the procurement, sale, and transport of Cannabis goods
between entities licensed pursuant to this chapter.
means a person holding a valid Adult-Use Cannabis Permit
for distribution issued by the City of Palm Springs, and, a valid
state license for distribution, required by State Law to engage in
the procurement, sale, and transport of Cannabis goods between licensees.
means all dead Cannabis that has been harvested, dried, cured,
or otherwise processed, excluding leaves and stems.
means manufactured Cannabis that is intended to be used,
in whole or in part, for human consumption including, but not limited
to, chewing gum, but excluding products set forth in Division 15 (commencing
with Section 32501) of the Food and Agricultural Code. An Edible Cannabis
Product is not considered food as defined by Section 109935 of the
California Health and Safety Code or a drug as defined by Section
109925 of the California Health and Safety Code.
means a code compliance officer, police officer, building
inspector, or any other city employee designated by the City Manager
to enforce the provisions of the Palm Springs Municipal Code and granted
authority to issue notices and orders, citations, notices to comply,
or initiate any other administrative remedy pursuant to this code.
The term "enforcement officer" also includes any city employee or
official expressly provided enforcement authority pursuant to the
provisions of this code.
means any profit-sharing arrangement or entitlement to profits
from an Adult-Use Cannabis Business.
means an investment into an Adult-Use Cannabis Business,
a loan provided to an Adult-Use Cannabis Business, or any other 'equity
interest' in an Adult-Use Cannabis Business.
means a space within a building 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 and is inaccessible to minors
and provided such "greenhouse" is constructed to usual and customary
standards and approved by the Building Official.
means that an operation is regarded as having complied with
all explicit obligations, while not being subject to any form of sanction,
suspension, or disciplinary censure by the City, State, or any of
the State's departments or divisions.
has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
shall have the same meaning as California Business and Professions
Code 26001(x) as well as any additional requirements imposed by the
City.
means a person issued a state license under Division 10 (commencing
with Section 26000) of the California Business and Professions Code,
to engage in Adult-Use Cannabis Activity.
means the state agency responsible for the issuance, renewal,
or reinstatement of a license for Adult-Use Cannabis activities, or
the state agency authorized to take disciplinary action against the
license.
means living Adult-Use Cannabis flowers and plants, including
seeds, sprouts, immature plants (including unrooted clones), and vegetative
stage plants.
means raw Cannabis that has undergone a process whereby the
raw agricultural product has been transformed into a concentrate,
an edible product, or a topical product intended for internal consumption
or topical Application.
means a person that conducts the production, preparation,
propagation, or compounding of manufactured Cannabis goods either
directly or indirectly or by extraction methods, or independently
by means of chemical synthesis at a fixed location that packages or
repackages Cannabis goods or labels or re-labels its container, where
the operator holds (1) a valid Adult-Use Cannabis Permit for manufacturing
from the City of Palm Springs and (2) after January 1, 2018 or as
soon as permitted by the state granting agency, department or division,
a valid state license for manufacturing pursuant to MAUCRSA.
as defined by the California Department of Public Health:
for manufacturers using volatile solvents, such as butane,
hexane, or propane.
for manufacturers using nonvolatile solvents, such as carbon
dioxide, ethanol, water, butter or oil, or performing extractions
using mechanical methods.
for manufacturers performing infusion.
For manufacturers only packaging or labeling cannabis products.
For manufacturers operating on a registered shared-use facility.
means "Cannabis," as that term is defined in this Section.
means the Medical and Adult-Use Cannabis Regulation and Safety
Act, and as may be amended from time to time, a comprehensive regulatory
framework for the licensing, control, and taxation of medical and
Adult-Use Cannabis related businesses in California.
shall have the same meaning as California Business and Professions
Code 26121.
means a licensee that produces only clones, immature plants,
seeds, and other agricultural products used specifically for the planting,
propagation, and cultivation of Adult-Use Cannabis.
means any equipment utilized to counteract the distinguishable
odor of the cannabis plant.
means a written plan which describes specific odor mitigation
technologies and techniques incorporated to ensure that odors are
not detected off-site.
means the threshold for the detection of odorous contaminants
when one volume of the odorous air has been diluted with seven or
more volumes of odor-free air as measured by any instrument, device,
or any other method designated by the City.
means any of the following:
Any person with an ownership interest of 10% or more in the
Adult-Use Cannabis Business or Cannabis Medical Use Dispensary applying
for a permit pursuant to this Chapter;
The chief executive officer of an entity, including nonprofits;
A member of the board of directors of a for-profit or non-profit
entity;
All persons within an entity that have a financial interest
of 10% or more in the proposed Adult-Use Cannabis Business or Cannabis
Medical Use Dispensary, including but not limited to: 1. A general
partner of an Adult-Use Cannabis Business or Cannabis Medical Use
Dispensary that is organized as a partnership; 2. A non-member manager
or managing member of an Adult-Use Cannabis Business or Cannabis Medical
Use Dispensary that is organized as a limited liability company; 3.
Any person holding a voting interest in a partnership, association,
or limited liability company; 4. All officers or directors of an Adult-Use
Cannabis Business or Cannabis Medical Use Dispensary that is organized
as a corporation and all shareholders who individually own more than
10% of the issued and outstanding stock of the corporation.
shall have the same definition as California Health and Safety
Code Section 11362.7 et seq., as it may be amended, and which means
a person who is entitled to the protections of California Health &
Safety Code Section 11362.5. For purposes of this ordinance, qualified
patient shall include a person with an identification card, as that
term is defined by California Health and Safety Code Section 11362.7
et seq.
means a person issued a City permit under this Chapter.
means an 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 and includes the plural as well as the singular number.
means the building or greenhouse in which Adult-Use Cannabis
activities are operated and, in addition, any accessory structures
and appurtenant areas.
has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
means the individual or entity who is the record owner of
the subject property where Adult-Use Cannabis activities are located
or are proposed to be located. The term "Property Owner" does not
include a lessor of real property subject to a ground lease of ten
or more years where the owner as lessor does not retain any interest
or right of control in any building constructed on the real property
subject to such ground lease.
means all statutes, rules, and regulations relating to the
Cultivation, manufacture, dispensing, sale, distribution, and transportation
of Adult-Use Cannabis, as such statutes, rules, and regulations as
may be amended from time to time.
means a state license issued by the State of California,
or one of its departments or divisions, under MAUCRSA to engage in
Adult-Use Cannabis Activity.
means that the cannabis goods packaging is sealed in a manner
that prevents the packaging from being opened without obvious destruction
of the seal.
means a one to four day temporary event where the onsite
sale and consumption of cannabis goods is authorized at the location
requested.
means a system as described in Section 26067 of the California
Business and Professions Code which reports the movement of Cannabis
goods throughout the distribution chain, using a unique identifier.
means the physical movement of cannabis goods from one licensed
premises to another licensed premises.
means an alphanumeric code or designation used for reference
to a specific cannabis plant on a permitted premises and any cannabis
goods derived or manufactured from said cannabis plant.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
No person may engage in any Adult-Use Cannabis Business or in
any Adult-Use Cannabis Activity within the City of Palm Springs including
Cultivation, manufacture, processing, laboratory testing, transporting,
dispensing, distribution, or sale of Cannabis goods unless the person:
(1) has a valid Adult-Use Cannabis Permit from the City of Palm Springs;
and (2) is currently in compliance with all applicable state and local
laws and regulations pertaining to the Adult-Use Cannabis Business
and the Adult-Use Cannabis Business activities, including the duty
to obtain any required state licenses. Persons with a valid Adult-Use
Cannabis Permit shall only operate under the name and/or "doing business
as" or "DBA" provided in the permit application.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
Any
person who intends to engage in a Adult-Use Cannabis Activity shall
obtain an Adult-Use Cannabis Permit for the fixed location in which
the Adult-Use Cannabis Activity is to occur.
B.
It is
unlawful for any person to conduct, engage in or allow to be conducted
or engaged in Adult-Use Cannabis Activity within the corporate limits
of City of Palm Springs, unless the City has issued such person a
permit under this Chapter and the permit is in effect. Notwithstanding
the above, the permits issued under this Chapter do not provide any
protection or immunity for any person from state or federal laws,
or from prosecution pursuant to any applicable state or federal laws.
C.
Pursuant
to state law, a valid license from the State shall be required to
operate any Adult-Use Cannabis Business.
D.
The
fact that an Applicant possesses other types of state or City permits
or licenses, shall not exempt the Applicant from obtaining an Adult-Use
Cannabis Permit under this Chapter, nor shall the terms and conditions
of any other such permit or license modify the requirements of a permit
granted under this Chapter, except that the Adult-Use Cannabis Permit
must be consistent with the land use entitlement issued by the City.
E.
The
Applicant must receive all necessary land use entitlements as required
by the Palm Springs Zoning Ordinance before the City Manager will
issue an Adult-Use Cannabis Permit under this Chapter.
F.
Any
Administrative Cannabis Permit previously issued by the City to any
person who has finished the application review process and submitted
any required land use entitlement applications shall expire 36 months
from the date of issuance. Upon expiration, an applicant that held
an Administrative Cannabis Permit may apply for an Adult-Use Cannabis
Permit. The City Manager may waive any zoning requirements not in
effect at the time the Administrative Cannabis Permit was obtained.
All other Administrative Cannabis Permits shall expire 30 days
from the effective date of this ordinance.
G.
The
following persons are exempt from the requirements of this Chapter:
1.
A
qualified medical Cannabis patient who cultivates 100 square feet
total canopy area or less of Cannabis exclusively for personal medical
use but who does not provide, donate, sell, or distribute Cannabis
to any other person; and
2.
A
primary medical Cannabis caregiver who cultivates 100 square feet
of total canopy area or less exclusively for the personal medical
purposes for each specified qualified patient for whom he or she is
the Primary Caregiver, up to 500 square feet, but who does not receive
remuneration for these activities except for compensation in full
compliance with State Law.
3.
Qualified
patients and/or Primary Caregivers shall, upon request, provide appropriate
documentation to law enforcement demonstrating that they have a valid
doctor's recommendation to use Cannabis for medical purposes.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
Any
person who the City determines or discovers to have previously engaged
in any adult-use cannabis activity or operated a cannabis medical
use dispensary without any required state of local permit, license
or registration, whether within or outside the City, shall be ineligible
for approval as a Permittee under this Chapter.
B.
In the
event that the City determines or discovers that a Permittee, prior
to issuance of their Permit by the City, engaged in any adult-use
cannabis activity or in any adult-use cannabis activity or operated
a cannabis medical use dispensary, without any required state of local
permit, license or registration, whether within or outside the City,
the City shall revoke each and every City cannabis-related permit
held by the Permittee in question.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
It is
unlawful for any person to engage in, operate, conduct, carry on,
or allow to be carried on, adult-use cannabis activity in the City
without having first met all of the following requirements:
1.
The
person holds a valid Adult-Use Cannabis Permit pursuant to the requirements
of this chapter;
2.
The
person holds all necessary land use entitlements pursuant to the requirements
of the Zoning ordinance;
4.
The
person holds a State license in accordance with the MAUCRSA and any
applicable regulations implemented by the state or any of its departments
or divisions.
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Exception. Permittees with Conditional Cannabis Permits may
conduct the limited actions permitted by these permits. Conditional
Cannabis Permits issued for Adult-Use Cannabis Activity at newly constructed
buildings shall expire 24 months from the date of issuance if the
Adult-Use Cannabis Business is not operational. Conditional Cannabis
Permits issued for Adult-Use Cannabis Activity at existing buildings
shall expire 12 months from issuance if the Adult-Use Cannabis Business
is not operational. Permittees may appeal the expiration of a Conditional
Cannabis Permit and be granted a 12 month extension based on a showing
of substantial progress toward becoming operational and no unreasonable
delay (i.e., Permittee should demonstrate measurable progress to becoming
operational and identify unique factors that impeded the Permittee
from becoming operational) to the City Council. Permittees may apply
for a second 12 month extension based on the same findings; however,
if granted, the Permittee shall pay a penalty determined by the City
Council and not to exceed $10,000. Permittees who have Conditional
Cannabis Permits expire shall be prohibited from applying for a Conditional
Cannabis Permit or an Adult-Use Cannabis Permit for a period of 12
months.
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B.
Each
Application for the establishment of an Adult-Use Cannabis Business
shall be filed with the City Clerk on the form and in the manner prescribed
by the City Manager. The City Manager shall be responsible for administering
the Application process as set forth in this Chapter. All Applications
for permits required pursuant to this Chapter shall be made upon current
forms prescribed by the City Manager and shall only be for one location
per application. Applicants may submit multiple applications for multiple
locations subject to applicable fees. Applications submitted to the
City Manager may include, but not be limited to, new business premises,
transfers of ownership, change of locations, premises modifications,
and changes in trade name.
C.
All
Applications must include Application and permitting fees as established
by resolution adopted by the City Council as amended from time to
time. No refunds shall be given for any incomplete or abandoned applications.
D.
A permit
issued by the City Manager constitutes a revocable privilege. The
burden of proving an Applicant's qualifications for a permit rests
at all times with the Applicant.
E.
The
Applicant or its authorized agent must provide a bond if, in the sole
discretion of the City Manager, one is required based on the proposed
adult-use cannabis activity and any particular facts or circumstances
related to the application or applicant.
F.
In all
cases, the Application must be complete in every material detail and
shall contain, without limitation, the following documentation:
1.
All
Applicants' names, mailing addresses, and e-mail addresses.
2.
A
24 hour contact phone number, email address and the names of the dedicated
person(s) to contact.
3.
The
physical address and assessor's parcel number(s) (APN or APNs) of
the property upon which the proposed Adult-Use Cannabis Business will
be located.
4.
Proof
of ownership of premises, or if the premises on which the Adult-Use
Cannabis Business is to occur is rented or leased, written permission
from the property owner containing the property owner's notarized
signature that authorizes the tenant or lessee to engage in Adult-Use
Cannabis activities at the site.
5.
A
"to scale" diagram of the premises, showing, without limitation, a
site plan, building layout, all entry ways and exits to the facility,
loading zones and all areas in which Cannabis goods will be stored,
grown, or dispensed. Detailed architectural renderings showing the
design and appearance of the building, entry way, façade, landscaping,
and any other public right-of-way facing features shall also be submitted.
Compliance with these submitted design and appearance renderings shall
be a condition of any City issued permit. Applications for a Dispensary
or Cannabis Lounge outside of the City's Cannabis Overlay Zone must
obtain approval of architectural renderings from the City Council.
6.
If
the Applicant is a business entity or any form of entity, information
regarding the entity, including, without limitation, the name and
address of the entity, its legal status, and proof of registration
with, or a certificate of good standing from, the California Secretary
of State, as applicable.
7.
The
full name, date of birth, present address and telephone number for
all owners, supervisors, employees, and those with a financial interest
in the Adult-Use Cannabis Business that is the subject of the application.
In the event an applicant is an entity, each entity must disclose
the owners or those with a financial interest in the entity until
an individual person(s) is/are named.
8.
All
Applicants, supervisors, employees, and persons having a 20% or more
financial interest must submit fingerprints and other necessary information
for a background check.
9.
Written
proof (i.e., California driver's license, California identification
card, or certified birth certificate) that all Applicants, property
owners, supervisors, and employees are 21 years of age or older.
10.
The names and addresses of any other Adult-Use Cannabis Business
currently being operated by the Applicant, or that had previously
been operated by the Applicant and a statement of whether the authorization
for any such operation had been revoked or suspended and, if so, the
reason therefor.
11.
A full description of the proposed activities and products of the
Adult-Use Cannabis Business.
12.
A description of the type of state license(s) that will be required
for the proposed operations pursuant to California Business and Professions
Code Section 26000 et seq., including a description of the proposed
total canopy area of any Cultivation or nursery operation.
13.
A detail of the procedures to be utilized at the premises including
a description of how chemicals, pesticides and fertilizers will be
stored, handled, used, and disposed of; and if applicable, manufacturing
methods, the transportation process, inventory procedures, and quality
control procedures.
14.
Proposed hours of operation. In no event shall delivery or sale of
cannabis or cannabis goods occur outside of the hours of 6:00 a.m.
Pacific Time and 10:00 p.m. Pacific Time.
15.
A waste disposal plan.
16.
Odor control plan.
17.
Documentation showing seed to sale compatible software.
18.
Compliance with all applicable labor peace agreement and community
workforce agreement requirements as set forth by State law and any
additional requirements regarding the same promulgated by the City
via ordinance, resolution, or policy.
19.
If applicable, provide the Applicant's seller's permit number issued
pursuant to Part 1 (commencing with Section 6001) of Division 2 of
the California Revenue and Taxation Code or indicate that the Applicant
is currently applying for a seller's permit.
20.
A statement by the Applicant that it has the ability to comply with
all laws regulating businesses in the State of California and that
it shall maintain compliance during the term of the permit.
21.
Authorization for the City, its agents and employees to seek verification
of the information contained in the Application.
22.
Certification, under penalty of perjury, that all the information
contained in the Application is true and correct.
23.
Applicants that are not a natural person or group of natural people
that will be identified on the application must submit a Public Integrity
Disclosure. Disclosing:
a.
The names of all natural persons who are officers, directors, members,
managers, trustees, and other fiduciaries serving trusts or other
types of organizations (attorneys, accountants, etc.). The name of
persons owning a financial interest of 5% or more in the entity. Owners/investors
who have such an interest hold either investment power or vote power,
i.e., they can (i) sell or transfer their interest, or (i) vote their
interest in management decisions.
G.
Nothing
in this Section is intended to limit the City Manager's ability to
request additional information the City Manager deems necessary or
relevant to determining an Applicant's suitability for a permit or
a renewal of a permit under this Chapter. Each Applicant shall provide
any additional information required that the City Manager may request
to process and fully investigate the Application. The additional information
must be provided to the City Manager no later than seven days after
the request unless otherwise specified by the City Manager. Failure
to provide such additional information by the requested deadline may
result in denial of the Application or renewal or revocation or suspension
of a permit.
H.
Based
on the type of Adult-Use Cannabis activities proposed, the City Manager
may require the following additional information:
1.
Adult-Use
Cannabis Dispensary. In reviewing an Application to dispense Cannabis
goods, the City Manager may request operational plans detailing how
operations will comply with federal enforcement priorities.
2.
Adult-Use
Cannabis Cultivation. In reviewing an Application to cultivate Adult-Use
Cannabis, the City Manager may request the following additional information:
a.
Water conservation measures;
b.
Projected energy demand and proposed renewable energy generation
facilities;
c.
Unique identifier, inventory, and quality control procedures; and
d.
A floor plan identifying the location, dimensions, and boundaries
of all proposed canopy areas taking into account space needed for
ongoing care of plants and a description of the proposed method of
physically delineating those boundaries at the site.
3.
Adult-Use
Cannabis Manufacturing. In reviewing an Application to operate a Cannabis
manufacturing facility, the City Manager may request the following
additional information:
a.
Information on products used in the manufacturing process including
the Cannabis supply chain, liquids, solvents, agents, and processes.
Cannabis shall be obtained from a licensed cultivator or licensed
distributor operating in compliance with all local and State Laws;
b.
Storage protocol and hazard response plan; and
c.
Quality control measures.
4.
Adult-Use
Cannabis Testing Facilities. In reviewing an Application to operate
a Cannabis testing facility, the City Manager may request the following
additional information:
5.
Adult-Use
Cannabis Transportation and Distribution Facility. In reviewing an
Application to operate a Cannabis transportation and/or distribution
facility, the City Manager may request any following additional information:
a.
An operations plan detailing how, and from where, Cannabis goods
will be received, how any storage, distribution, and transportation
operations will be secured to prevent theft and trespass, and to whom
the product will be distributed;
b.
Quality control inspections and requirements plan;
c.
Truck parking and loading areas; and
d.
Storage and handling plans.
I.
All
required Application materials shall be prepared by the Applicant
and submitted at the time of Application.
J.
All
Applicants shall submit information to the City Manager in a full,
faithful, truthful, and fair manner. The City Manager may deny an
Application where the Applicant made intentional or purposeful misstatements,
omissions, misrepresentations, or untruths in the Application or in
connection with the Applicant's background investigation. This type
of conduct may be considered as the basis for additional administrative
action against the Applicant and it may also be the basis for criminal
charges against the Applicant.
K.
All
Application forms supplied by the City Manager and filed by an Applicant
for a permit, including attachments and any other documents associated
with the investigation, shall be accessible by the City Manager and
any state or local law enforcement agency for a purpose authorized
by this Chapter or for any other state or local law enforcement purpose.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
An applicant
may withdraw an application any time prior to the issuance or denial
of a permit by submitting a signed and dated request to withdraw,
on a form provided by the City for that purpose.
B.
Upon
the City's receipt of the request to withdraw, the application is
deemed withdrawn, void, and of no further force and effect.
C.
Withdrawal
of an application submitted under this Chapter does not deprive the
City of its authority to institute or continue any proceeding against
the applicant for the denial of an application for a permit upon any
ground provided by law or to enter an order denying an application
for a permit upon any such ground.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
The
City Manager shall review the Application for an Adult-Use Cannabis
Permit and associated documents and shall require, if he or she deems
necessary, additional information to complete the Application. The
City Manager may deem the Application incomplete if it does not contain
all required information and documents.
B.
An Application
shall not be deemed complete unless all required Application fees
have been paid.
C.
Upon
review of a complete Application for an Adult-Use Cannabis Permit,
the City Manager may grant the Application if:
1.
The
proposed Adult-Use Cannabis activities will comply with all the requirements
of the State and the Palm Springs Municipal Code;
2.
The
Applicant has received all necessary land use entitlements as required
by the zoning ordinance;
3.
The
proposed Adult-Use Cannabis activities will comply with all provisions
of this Chapter; and
4.
If
applicable, the Applicant has obtained a valid seller's permit required
pursuant to Part 1 (commencing with Section 6001) of Division 2 of
the California Revenue and Taxation Code.
D.
The
City Manager shall deny any Application that meets any of the following
criteria:
1.
The
Applicant has knowingly made a false statement of material fact or
has knowingly omitted a material fact from the Application;
2.
Any
Applicant, supervisor, employee, or persons having a 20% or more financial
interest in the Adult-Use Cannabis Business has been convicted of
any crime that would disqualify the Applicant from having a State
license;
3.
The
applicant's suitability to operate an Adult-Use Cannabis Business
per the terms of this Chapter is insufficient as determined by the
City Manager based on the applicant's previous civil, administrative
or legal judgment or other activities of a fraudulent nature;
4.
If
applicable, the Applicant failed to obtain or maintain a valid seller's
permit required pursuant to Part 1 (commencing with Section 6001)
of Division 2 of the California Revenue and Taxation Code;
5.
Any
person who is listed on the Application is less than 21 years of age;
6.
The
proposed Adult-Use Cannabis Business does not comply with the provisions
of this Chapter or State Law; or
7.
The
Applicant has not received all necessary land use entitlements as
required by Palm Springs Zoning Code.
E.
In the event the City Manager denies any Application, the City Manager shall specify in writing the reasons for the denial and notify the Applicant that the decision shall become final unless the permittee seeks an appeal pursuant to Chapter 2.05 of this Code within 10 calendar days of the date of service of the City Manager's decision. Service of the decision shall be provided in accordance with the requirements set forth in Chapter 2.05 of this Code.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permit
for an Adult-Use Cannabis dispensary shall not be granted by the City
Manager unless all of the following findings are made based on substantial
evidence:
1.
The
dispensary, as proposed, has demonstrated that it can and will comply
with all of the requirements of the State and City to operate an Adult-Use
Cannabis dispensary.
2.
The
dispensary complies with the locational requirements of the City's
Zoning Ordinance.
3.
The
dispensary, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4.
The
dispensary includes adequate measures that minimize, to the extent
feasible, nuisances to the immediate neighborhood and community including
minimizing the detection of odor from offsite, minimizing the effects
of loitering, providing adequate security measures, and not exceeding
any applicable land use entitlements' limits on hours of operation.
5.
The
dispensary will provide adequate measures that address the federal
enforcement priorities for Cannabis activities including restricting
drugged driving, restricting access to minors, and ensuring that Cannabis
goods are supplied from permitted and licensed sources.
B.
In addition
to any other required conditions and mitigation measures approved
by the City Manager, all of the following conditions shall apply to
all permits for an Adult-Use Cannabis dispensary:
1.
The
Adult-Use Cannabis dispensary shall allow access to dispensary facilities
and records if requested by the City, its officers, or agents, and
shall pay for an annual inspection in an amount to be determined by
City Council resolution and submit to inspections from the City or
its officers to verify compliance with all relevant rules, regulations,
and conditions.
2.
The
Applicant and owner(s) agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this Chapter by any enforcement officer of the City
or their designee.
3.
The
Applicant for the dispensary facility and property owner (if the property
owner has a financial interest in the dispensary facility) shall indemnify,
defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to
property or persons stemming from the Adult-Use Cannabis Activity.
4.
The
Permittee shall be responsible for ensuring that all Adult-Use Cannabis
activities at the site operate in good standing with all permits and
licenses required by the City and State. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting
Adult-Use Cannabis activities at the site who do not maintain permits
or licenses in good standing with the City or State shall be grounds
for the suspension or revocation of a permit pursuant to this Chapter.
5.
The
dispensary shall operate only in accordance with the operating plans
reviewed and approved by the City Manager.
6.
If
consumption of cannabis goods is proposed at the Cannabis Lounge,
the following conditions shall apply:
a.
Concurrent Commercial Uses. In the event that a Cannabis Lounge operates
concurrently in a single premises with another use, the Cannabis Lounge
shall be a permitted use in accordance with Zoning Code.
b.
Separate Premises. Cannabis Lounges shall be located on a separate
parcel or within a tenant space that is segregated and apart from
any other use. A Cannabis Lounge shall have a dedicated entrance from
the street or public sidewalk, and shall have no internal connections
or passage to any other tenant space or use except that a Cannabis
Lounge may have an internal connection or passage to a Cannabis Dispensary
and may share a dedicated entrance with a Cannabis Dispensary.
c.
Sale of Cannabis Goods. Cannabis goods may be sold on the premises
of a Cannabis Lounge, subject to the following:
(i)
The Permittee must hold an Adult-Use Dispensary permit.
(ii)
Permittees shall not permit patrons to bring their own personal
cannabis or cannabis goods to the Cannabis Lounge Facility.
(iii)
All cannabis or cannabis goods purchased and opened at the facility
must be smoked, inhaled, consumed or ingested on site, and shall not
be permitted to leave the facility unless repackaged in a container
that is compliant with all applicable state law and regulation.
(iv)
Permittees shall only permit patrons to leave the Cannabis Lounge
Facility with cannabis and cannabis goods that remain in originally
sealed and unopened packaging or have been transferred by the Operator
for repackaging in a container that is compliant with all applicable
state law and regulation.
d.
Smoking of Cannabis. The smoking of cannabis may be permitted at
a Cannabis Lounge Facility, as may be allowable under state law.
e.
Alcohol and Tobacco Products. The sale or consumption of alcohol
or tobacco products is not allowed on the premises.
f.
Minors. Access to the Cannabis Lounge Facility shall be restricted
to persons 21 years of age and older.
g.
Visibility. The smoking, inhalation, consumption or ingestion of
cannabis or cannabis goods shall not be visible from any public place
or any area where minors may be present. The Cannabis Lounge shall
be located within a completely enclosed building.
h.
Odor Control.
(i)
Permittee shall provide an adequate odor control plan so as to prevent
any detectable odor at the property line of the premises. Within 24
hours of any complaint concerning odors emanating from or originating
within the facility, the permittee shall respond to the complaint
in question, and shall timely file a written disclosure to the City
documenting any and all actions taken and planned to address the odor
complaints.
i.
Areas where cannabis consumption is permitted shall provide adequate
security and lighting on-site to ensure the safety of persons and
protect the premises from theft at all times in conformance with the
security plan submitted with the application. All security guards
shall be licensed and possess a valid Department of Consumer Affairs
"Security Guard Card" at all times.
j.
Cannabis goods shall only be provided to an individual in an amount
reasonable for on-site consumption and consistent with personal possession
and use limits allowed by the state.
k.
Permittee shall provide law enforcement and all neighbors within
one hundred feet of the business with the name and phone number of
an on-site community relations employee to notify if there are operational
problems with the establishment.
l.
Permittee shall place and properly maintain solid waste receptacles
and recycling bins, in sufficient numbers and locations to service
the needs of the proposed use at peak business periods and shall ensure
all areas at least one hundred feet from the consumption area are
free of any waste or litter generated by the use.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permit
for Adult-Use Cannabis Cultivation shall not be granted by the City
Manager unless all of the following findings are made based on substantial
evidence:
1.
The
Cultivation, as proposed, will comply with all of the requirements
of the State and City for the Cultivation of Adult-Use Cannabis.
2.
The
Cultivation complies with the locational requirements of the City's
Zoning Ordinance.
3.
The
Cultivation, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4.
The
Cultivation includes adequate measures that minimize use of water
for Adult-Use Cannabis Cultivation at the site.
5.
The
Cultivation includes adequate measures to address the projected energy
demand for Adult-Use Cannabis Cultivation at the site.
6.
The
Cultivation includes adequate quality control measures to ensure Adult-Use
Cannabis cultivated at the site meets industry standards.
7.
The
Cultivation includes adequate measures that address the federal enforcement
priorities for Cannabis activities including restricting access to
minors and ensuring that Cannabis goods are not supplied to unlicensed
and unpermitted persons within the State and not distributed out of
state.
8.
Sufficient
power availability to meet the requirements of the proposed use.
9.
The
building proposed to house the Cultivation meets all updated codes
found in Title 8 of this Code and it is determined that the building
is suitable for the proposed Cultivation use. Factors to consider
include, but are not limited to, the structural condition of the building,
ceiling height, materials and any contaminants at the site, utility
services and capacity, and status of HVAC system. Building retrofitting
may be required to make this finding.
B.
In addition
to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits
for Adult-Use Cannabis Cultivation:
1.
The
Adult-Use Cultivation site shall allow access to Cultivation sites
and access to records if requested by the City, its officers, or agents,
and shall pay for an annual inspection in an amount to be determined
by City Council resolution and submit to inspections from the City
or its officers to verify compliance with all relevant rules, regulations,
and conditions.
2.
The
Applicant and owner(s) agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this Chapter by any enforcement officer of the City
or their designee.
3.
The
Applicant for the Cultivation facility and property owner (if the
property owner has a financial interest in the Cultivation facility)
shall indemnify, defend, and hold the City harmless from any and all
claims and proceedings relating to the approval of the permit or relating
to any damage to property or persons stemming from the Adult-Use Cannabis
Activity.
4.
The
Permittee shall be responsible for ensuring that all Adult-Use Cannabis
activities at the site operate in good standing with all permits and
licenses required by the City and Stat. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting
Adult-Use Cannabis activities at the site who do not maintain permits
or licenses in good standing with the City or State shall be grounds
for the suspension or revocation of the permit pursuant to this Chapter.
5.
The
Cultivation activities shall be maintained in accordance with the
operating plans as approved by the City.
6.
All
cannabis packaged and/or labeled by a Cultivator shall meet the provisions
of packaging and labeling requirements specified by State law, including
but not limited to, California Business and Professions Code Division
5 ("Weights and Measures") and Division 10 ("Cannabis") and any regulations
implemented and enforced by the Bureau of Cannabis Control, the State
Department of Public Health, or State Department of Food and Agriculture.
7.
Prior
to distribution and transportation, a Cultivator shall package and
seal all cannabis in tamper-evident packaging and use a unique identifier
of the harvest batch to identify and track said cannabis.
8.
All
labels for cannabis shall include all of the following: all required
government warnings; the net weight of cannabis in the package; source
and the date of cultivation; the type of cannabis; the date of packaging;
and the product's unique identifier for the harvest batch.
9.
Packaging
that makes cannabis attractive to children or imitates candy is prohibited.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permit
for Adult-Use Cannabis manufacturing shall not be granted by the City
Manager unless all of the following findings are made based on substantial
evidence:
1.
The
manufacturing facility, as proposed, will comply with all of the requirements
of the State and City for the Adult-Use Cannabis manufacturing.
2.
The
manufacturing facility complies with the locational requirements of
the City's Zoning Ordinance.
3.
The
manufacturing, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4.
The
manufacturing includes adequate quality control measures to ensure
Adult-Use Cannabis manufactured at the site meets industry standards.
5.
The
manufacturing facility does not pose a significant threat to the public
or to neighboring uses from explosion or from the release of harmful
gases, liquids, or substances and will be conducted in a manner to
ensure the operation does not pose a significant threat to the health,
safety, and welfare of the public or to neighboring properties.
6.
The
manufacturing operations plan includes adequate measures that address
the federal enforcement priorities for Cannabis activities including
providing restrictions on access to minors and ensuring that Cannabis
goods are obtained from and supplied only to other permitted licensed
sources within the State.
7.
The
building proposed to house the manufacturing meets all updated codes
found in Title 8 of this Code and it is determined that the building
is suitable for the proposed manufacturing use. Factors to consider
include, but are not limited to, the structural condition of the building,
ceiling height, materials and any contaminants at the site, utility
services and capacity, and status of HVAC system. Building retrofitting
may be required to make this finding.
B.
In addition
to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits
for Adult-Use Cannabis manufacturing:
1.
The
Adult-Use Cannabis Manufacturing site shall allow access to the facility
and access to records if requested by the City, its officers, or agents,
and shall pay for an annual inspection and submit to inspections from
the City or its officers to verify compliance with all relevant rules,
regulations, and conditions.
2.
The
Applicant and owner(s) agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this Chapter from any enforcement officer of the City
or their designee.
3.
The
Applicant for the manufacturing facility and property owner (if the
property owner has a financial interest in the manufacturing facility)
shall indemnify, defend, and hold the City harmless from any and all
claims and proceedings relating to the approval of the permit or relating
to any damage to property or persons stemming from the Adult-Use Cannabis
Activity.
4.
The
Permittee shall be responsible for ensuring that all Adult-Use Cannabis
activities at the site operate in good standing with all permits and
licenses required by the City of Palm Springs Code and State Law.
Failure to take appropriate action to evict or otherwise remove permittees
and persons conducting Adult-Use Cannabis activities at the site who
do not maintain permits or licenses in good standing with the City
or State shall be grounds for the suspension or revocation of a permit
pursuant to this Chapter.
5.
The
manufacturing facilities and activities shall be maintained in accordance
with the operating plans approved by the City.
6.
The
manufacture of Cannabis goods shall comply with the standards set
by State and local law, including but not limited to those related
to volatile and nonvolatile extractions; labeling, packaging, repackaging,
and relabeling; infusions; safety; discharges; waste disposal; processing,
handling, and storage of solvents or gases; and food handling.
7.
Manufacturers
shall only be allowed to engage in the manufacture of cannabis authorized
by State law and in the Adult-Use Cannabis Permit issued for the premises.
No additional manufacturing activities may be conducted without applying
for, and receiving written permission, from the City for said additional
activity.
8.
All
manufactured cannabis packaged and/or labeled by a Manufacturer shall
meet the provisions of packaging and labeling requirements specified
by State law, including but not limited to, California Business and
Professions Code Division 5 ("Weights and Measures") and Division
10 ("Cannabis"), and any regulations implemented and enforced by the
Bureau of Cannabis Control or the State Department of Public Health.
9.
Packaging
that makes Cannabis goods attractive to children or imitates candy
is prohibited.
10.
Prior to release of a product to a Distributor, Manufacturers shall
package and seal all Cannabis goods in tamper-evident packaging and
use a unique identifier for the manufactured cannabis batch to identify
and track the cannabis goods.
11.
Edible cannabis products shall not exceed 10 milligrams of tetrahydrocannabinol
(THC) per serving. The THC content for the edible cannabis product
in its entirety shall be printed on the edible cannabis product packaging.
12.
The manufacture of Cannabis goods shall be conducted in a manner
to ensure the operation does not pose a significant threat to the
health, safety, and welfare of the public or to neighboring properties.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permit
for an Adult-Use Cannabis testing facility shall not be granted by
the City Manager unless all of the following findings are made based
on substantial evidence:
1.
The
testing facility, as proposed, will comply with all of the requirements
of the State and City for Cannabis manufacturing.
2.
The
testing facility complies with the locational requirements of the
City's Zoning Ordinance.
3.
The
Adult-Use Cannabis testing, as approved and conditioned, will not
result in significant unavoidable impacts on the environment.
4.
The
owners, permittees, operators, and employees of the testing or laboratory
facility will not be associated or cross-licensed with any other form
of Adult-Use Cannabis activity except for other testing facilities.
5.
The
testing facility is accredited by an appropriate accrediting agency.
6.
Plans
for the testing facility demonstrate proper protocols and procedures
for statistically valid sampling methods and accurate certification
of Cannabis goods for potency, purity, pesticide residual levels,
mold, and other contaminants according to adopted industry standards.
B.
In addition
to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits
for an Adult-Use Cannabis testing facility:
1.
The
Adult-Use Cannabis testing facility shall allow access to the facility
and access to records if requested by the City, its officers, or agents,
and shall pay for an annual inspection and submit to inspections from
the City or its officers to verify compliance with all relevant rules,
regulations, and conditions.
2.
The
Applicant and owner(s) to submit to, and pay for, inspections of the
operations and relevant records or documents necessary to determine
compliance with this Chapter from any enforcement officer of the City
or their designee.
3.
The
Applicant for the testing facility and property owner (if the property
owner has a financial interest in the testing facility) shall indemnify,
defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to
property or persons stemming from the Adult-Use Cannabis Activity.
4.
The
Permittee shall be responsible for ensuring that all Adult-Use Cannabis
activities at the site operate in good standing with all permits and
licenses required by the City and State. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting
Adult-Use Cannabis activities at the site who do not maintain permits
or licenses in good standing with the City or State shall be grounds
for the suspension or revocation of a permit pursuant to this Chapter.
5.
The
testing facilities and related activities shall be maintained in accordance
with the operating plans approved by the City.
C.
Notwithstanding any of the provisions of this Section 5.55.098, a permitted Adult-Use Cannabis Business may conduct internal testing of Cannabis goods. However, this provision shall not be interpreted to authorize or permit cross-licensing of a Cannabis Testing Facility with any other type of permit of license hereunder, or with respect to State law. Further, it shall be a violation of this ordinance for any Adult-Use Cannabis business to publish or share with any third party any result of any internal testing.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permit
for an Adult-Use Cannabis transportation and distribution facility
shall not be granted by the City Manager unless all of the following
findings are made based on substantial evidence:
1.
The
transportation and distribution facility, as proposed, will comply
with all of the requirements of the State and City for the Adult-Use
Cannabis transportation and distribution and all health protection
operating criteria for the distribution of cannabis goods as required
by State law and regulations implemented and enforced by the Bureau
of Cannabis Control.
2.
The
transportation and distribution facility complies with the locational
requirements of the City's Zoning Ordinance.
3.
The
Adult-Use Cannabis transportation and distribution as approved and
conditioned, will not result in significant unavoidable impacts on
the environment.
4.
Distributors
shall transfer cannabis goods only between State licensees.
5.
Plans
for the distribution facility demonstrate proper protocols and procedures
that address the federal enforcement priorities for Cannabis activities
including providing restrictions on access to minors and ensuring
that Cannabis goods are obtained from and supplied only to other permitted
licensed sources within the State.
B.
In addition
to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits
for an Adult-Use Cannabis transportation and distribution facility:
1.
The
Adult-Use Cannabis transportation and distribution facility shall
allow access to the facility and access to records if requested by
the City, its officers, or agents, and shall pay for an annual inspection
and submit to inspections from the City or its officers to verify
compliance with all relevant rules, regulations, and conditions.
2.
The
Applicant and owner(s) agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this Chapter from any enforcement officer of the City
or their designee.
3.
The
Applicant for the transportation and distribution facility and property
owner (if the property owner has a financial interest in the transportation
and distribution facility) shall indemnify, defend, and hold the City
harmless from any and all claims and proceedings relating to the approval
of the permit or relating to any damage to property or persons stemming
from the Adult-Use Cannabis Activity.
4.
The
Permittee shall be responsible for ensuring that all Adult-Use Cannabis
activities at the site operate in good standing with permits and licenses
required by the City of Palm Springs Code and State Law. Failure to
take appropriate action to evict or otherwise remove permittees and
persons conducting Adult-Use Cannabis activities at the site who do
not maintain permits or licenses in good standing with the City or
State shall be grounds for the modification or revocation of a permit
pursuant to this Chapter.
5.
The
transportation and distribution facilities and activities shall be
maintained in accordance with the operating plans approved by the
City.
6.
Records.
a.
In addition to records generally required of all Adult-Use Cannabis
Businesses, every distribution facility shall maintain records specific
to the operation, including but not limited to: records relating to
branding, packaging and labeling; inventory logs and records; transportation
bills of lading and shipping manifests for completed transports and
for cannabis goods in transit; vehicle and trailer ownership records;
quality-assurance records; records relating to destruction of cannabis
goods; laboratorytesting records; warehouse receipts; records relating
to tax payments collected and paid. All records shall be made available
to the City upon request.
b.
Every distribution facility shall maintain a written contract with
other State licensees storing cannabis goods on the Distributor's
premises. A separate storage inventory log for every State licensee
storing cannabis goods on the premises shall be maintained. The storage
inventory logs, and written contracts shall be provided to the City
upon request. All inventory documents shall contain the identity and
State license number of all contracting parties.
c.
Every distribution facility shall maintain a database, and provide
to the City upon request, a list of the individuals and vehicles authorized
to conduct transportation on behalf of the Distributor.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permit
for Temporary Cannabis Event shall not be granted by the City Manager
unless all of the following findings are made based on substantial
evidence:
1.
The
applicant has demonstrated that it can and will comply with all of
the requirements of the State and City to hold a temporary cannabis
event permit.
2.
The
Temporary Cannabis Event complies with the locational requirements
of the City's Zoning Ordinance.
3.
The
Temporary Cannabis Event, as approved and conditioned, will not result
in significant unavoidable impacts on the environment.
4.
The
Temporary Cannabis Event includes adequate measures that minimize,
to the extent feasible, nuisances to the immediate neighborhood and
community including minimizing the detection of odor from offsite,
minimizing the effects of loitering, providing adequate security measures,
and not exceeding the Land Use Permit's limits on hours of operation.
5.
The
Temporary Cannabis Event will provide adequate measures that address
the federal enforcement priorities for Cannabis activities including
restricting drugged driving, restricting access to minors, and ensuring
that Cannabis goods are supplied from permitted and licensed sources.
B.
In addition
to any other required conditions and mitigation measures approved
by the City Manager, all of the following conditions shall apply to
all permits for a Temporary Cannabis Event:
1.
The
name of the temporary cannabis event.
2.
A
diagram of the physical layout of the temporary cannabis event. The
diagram shall clearly indicate where the temporary cannabis event
will be taking place on the location grounds, all entrances and exits
that will be used by participants during the event, all cannabis consumption
areas, and all retail areas where cannabis goods will be sold. The
hours during which cannabis goods will be sold shall be noted on the
diagram. The diagram shall also clearly indicate the area where cannabis
waste will be stored, all areas where cannabis goods will be stored,
and the specific location of each cannabis licensee who will be participating
in the event. Each cannabis licensee participating in the event shall
be identified with an assigned temporary cannabis event location number.
The diagram shall not contain highlighting and the markings on the
diagram shall be in black-and-white print.
3.
The
dates and hours of operation for which the temporary cannabis event
license is being sought. A temporary event license is required for
any date in which the applicant engages in onsite cannabis sales or
allows onsite cannabis consumption.
4.
Contact
information for a designated contact person(s) who shall be onsite
at the event and reachable by telephone at all times that the event
is occurring.
5.
A
list of all licensees and employees that will be providing onsite
sales of cannabis goods at the temporary cannabis event.
6.
An
Odor Control Plan demonstrating that no cannabis odor will be present
outside of the perimeter of the event.
(Ord. 2005 § 4, 2019)
A.
A cannabis
medical use dispensary permit shall not be granted by the City Manager
unless all of the following findings are made based on substantial
evidence:
1.
The
dispensary, as proposed, has demonstrated that it can and will comply
with all of the requirements of the State and City to operate a medical
cannabis dispensary.
2.
The
dispensary complies with the locational requirements of the City's
Zoning Ordinance.
3.
The
dispensary, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4.
The
dispensary includes adequate measures that minimize, to the extent
feasible, nuisances to the immediate neighborhood and community including
minimizing the detection of odor from offsite, minimizing the effects
of loitering, providing adequate security measures, and not exceeding
the Land Use Permit's limits on hours of operation.
5.
The
dispensary will provide adequate measures that address the federal
enforcement priorities for cannabis activities including restricting
drugged driving, restricting access to minors, and ensuring that the
cannabis goods are supplied from permitted and licensed sources.
B.
In addition
to any other required conditions and mitigation measures approved
by the City Manager, all of the following conditions shall apply to
all permits for a medical cannabis dispensary:
1.
The
Cannabis Medical Use Dispensary shall allow access to dispensary facilities
and records if requested by the City, its officers, or agents, and
shall pay for an annual inspection in an amount to be determined by
City Council resolution and submit to inspections from the City or
its officers to verify compliance with all relevant rules, regulations,
and conditions.
2.
The
Applicant and owner(s) agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this Chapter by any enforcement officer of the City
or their designee.
3.
The
Applicant for the dispensary facility and property owner (if the property
owner has a financial interest in the dispensary facility) shall indemnify,
defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to
property or persons stemming from the commercial medical cannabis
activity.
4.
The
Permittee shall be responsible for ensuring that all activities at
the site operate in good standing with all permits and licenses required
by the City and State. Failure to take appropriate action to evict
or otherwise remove permittees and persons conducting commercial medical
cannabis activities at the site who do not maintain permits or licenses
in good standing with the City or State shall be grounds for the suspension
or revocation of a permit pursuant to this Chapter.
5.
The
dispensary shall operate only in accordance with the operating plans
reviewed and approved by the City Manager.
(Ord. 2005 § 4, 2019)
A.
Adult-Use
Cannabis Businesses shall comply with all recordkeeping requirements,
as set forth in this Chapter, California Business and Professions
Code Section 26000 et seq., and all applicable regulations implemented
and enforced by the State or any of its departments and divisions.
B.
Every
Adult-Use Cannabis Business shall maintain legible, clear, adequate,
and accurate books, records, and documentation, demonstrating that
all cannabis goods have been obtained from, and are provided to, other
State licensees, and shall detail all of the revenues and expenses
of the business, and all of its assets and liabilities on the premises.
All records shall be in English.
C.
All
required records shall be stored, preserved, and maintained on the
premises for a minimum of (7) years. Mandatory records shall be stored
in a secured area where the records remain protected from debris,
moisture, contamination, hazardous waste, fire, or theft. Electronic
records shall be secured and backed up in a manner that prevents unauthorized
access and that ensures the integrity of the records is maintained.
D.
Adult-Use
Cannabis Businesses shall maintain a current register of the names
and the contact information (including the address, e-mail address
and telephone number) of anyone owning or holding a financial interest
in the Adult-Use Cannabis Business, and separately a register of all
the officers, managers, employees, responsible persons, and volunteers
currently employed or otherwise engaged by the Adult-Use Cannabis
Business. The register required by this subsection shall be provided
to the City Manager upon a verbal or written request.
E.
Point-of-Sale
Inventory Control and Reporting System.
1.
Adult-Use
Cannabis Businesses shall employ the use of track-and-trace software.
All transactions, business expenses, and operations must be tracked
in compliance with State Track-and-Trace regulations. The software
must provide documentation and information that meets State compliance
requirements and have the ability to integrate with the California
Cannabis Authority (CCA) track-and-trace system.
2.
Specific
Requirements:
a.
Retail. Ability to provide inventory management and Point of Sale
documentation and records to manage cannabis retails from seed to
sale. Generate monthly sales report that provide total gross monthly
sales and tax liabilities. Reports must be submitted with monthly
tax remittance.
b.
Cultivation. Ability to track and control operations from planting
through harvesting, to curing and packaging.
c.
Manufacturing. Ability to manage each stage of the manufacturing
process from extraction and refinement to finished product. Inventory
management, electronic batch records, specification management, equipment
control and document management for compliance with state cannabis
regulation should be provided. Generate monthly report that demonstrates
all gross monthly sales and tax liabilities. Reports must be submitted
with monthly tax remittance.
d.
Distribution. Ability to manage vendor, facilities and wholesaler
partner. Ability to automatically generate purchase orders, invoices,
and manifests. Generate monthly report that demonstrates all gross
monthly sales and tax liabilities. Reports must be submitted with
monthly tax remittance.
(Ord. 2005 § 4, 2019)
A.
An application
for permit renewal shall be submitted to the City Clerk's Office at
least 30 business days prior to the expiration date of the current
Adult-Use Cannabis Permit, but no more than 120 days prior to the
expiration of the current Adult-Use Cannabis Permit provided notice
to the permittee was provided by the City at least 120 days prior
to permit expiration. In the event the City does not provide notice
at least 120 days prior to permit expiration, the permittee shall
have until 30 days from when the permittee receives notice or 30 days
prior to the expiration date of the current permit, whichever is later,
however, in no event shall a permit renewal be accepted after the
expiration date of the current permit.
B.
An Adult-Use
Cannabis Business that does not obtain a renewed Adult-Use Cannabis
Permit by the end of the business day of the expiration date shall
discontinue operation of the Adult-Use Cannabis Activity until a new
permit is issued.
D.
An Application
for renewal shall be not be deemed complete until all Application
fees have been paid.
E.
If the City Manager intends to deny the renewal, the City Manager shall specify in writing the reasons for the denial of the renewal, and notify the permittee that the decision shall become final unless the permittee seeks an appeal pursuant to Chapter 2.05 of this Code within 10 calendar days of the date of service of the City Manager's decision. Service of the decision shall be provided in accordance with the requirements set forth in Chapter 2.05 of this Code.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
It is the responsibility of each Adult-Use Cannabis Business
to ensure that it is, at all times, operating in a manner compliant
with all applicable state and local laws, and any regulations promulgated
thereunder. Nothing in this Chapter shall be construed as authorizing
any actions which violate state law or local law with respect to the
operation of an Adult-Use Cannabis Business. It shall be the responsibility
of the owners and the operators of the Adult-Use Cannabis Business
to ensure that the Adult-Use Cannabis Business is, at all times, operating
in a manner compliant with MAUCRSA, all applicable state and local
laws, regulations and guidelines, any subsequently enacted State Law
or regulatory, licensing, or certification requirements, and any specific,
additional operating procedures or requirements which may be imposed
as conditions of approval of the Adult-Use Cannabis Permit. Nothing
in this Chapter shall be construed as authorizing any actions which
violate State Law with regard to the operation of an Adult-Use Cannabis
Business.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
For applicants or permittees that have five or more employees,
the applicant for a new permit, or for a renewal or transfer, shall
provide proof, satisfactory to the City Manager, that the applicant
or permittee has entered into and will abide by the terms of a labor
peace agreement. Such proof shall be a condition to the issuance by
the City of any new permit or for the renewal or transfer of any such
permit. For applicants/permittees who have not yet entered into a
labor peace agreement, the applicant/permittee shall provide a notarized
statement indicating the applicant/permittee will enter and abide
by the terms of a labor peace agreement as soon as reasonably practicable
after issuance, renewal, or transfer of the commercial cannabis permit,
but in no event later than 180 days following the issuance, renewal
or transfer. Once the applicant has entered into the labor peace agreement,
the applicant shall provide the City Manager with a copy of the page
of the labor peace agreement that contains the signatures of the union
representative and the applicant.
(Ord. 2048 § 2, 2021)
A.
No person
may commence or continue any Adult-Use Cannabis Business in the City,
without timely paying in full all fees and charges required for the
operation of an Adult-Use Cannabis Business. Fees and charges associated
with the operation of an Adult-Use Cannabis Business shall be established
by resolution of the City Council to recover the cost of administration
of this Chapter and may be amended from time to time. Permit Applicants
and permittees are responsible for the costs of inspections, investigations,
and any other fee-associated activity established pursuant to this
Chapter.
B.
All
Adult-Use Cannabis Businesses authorized to operate under this Chapter
shall pay all sales, use, business, gross receipts, Cultivation, and
other applicable taxes, and all license, registration, and other fees
required under federal, state, and local law. Each Adult-Use Cannabis
Businesses shall cooperate with City with respect to any reasonable
request to audit the Adult-Use Cannabis Business' books and records
for the purpose of verifying compliance with this section as well
as any subsequent regulations adopted by the City, including but not
limited to a verification of the amount of taxes required to be paid
during any period.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
No person
shall operate an Adult-Use Cannabis Business at any location other
than the location specifically authorized and identified on the City
issued Adult-Use Cannabis Permit.
B.
Transfer,
conveyance, or sale of any or all ownership interests or control of
an Adult-Use Cannabis Business or transfer of any Adult-Use Cannabis
Permit issued under this Chapter may only be made to a person who
has applied for and has been issued an Adult-Use Cannabis Permit or
permits pursuant to the provisions of this Chapter and is otherwise
fully qualified to operate an Adult-Use Cannabis Business in the City
and approved by the City Manager. Any attempt to transfer an Adult-Use
Cannabis Permit or an ownership interest in an Adult-Use Cannabis
Business in violation of this Section shall render the Adult-Use Cannabis
Permit for the Adult-Use Cannabis Business and all rights to operate
such business in the City void.
C.
An Adult-Use
Cannabis Permit is issued to and covers only the permittee identified
on the permit with respect to the premises identified on the permit.
The Adult-Use Cannabis Permit does not run with the land.
D.
In any
situation where a permit has been lost as a result of an attempted
transfer of the Adult-Use Cannabis Permit or of the Adult-Use Cannabis
Business, or as a result of the abandonment or revocation of the permit,
any new permit shall be issued using the standard process for the
issuance of permits in the first instance. No preference shall be
given to any person proposed as new owner or assignee by the former
permit holder.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
Prior
to commencing operations an Adult-Use Cannabis Business shall obtain
a city of Palm Springs business license.
B.
Prior
to commencing operations, an Adult-Use Cannabis Business 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),
fire department approvals, and other zoning and land use permit(s)
and approvals.
C.
Prior
to commencing operations, an Adult-Use Cannabis Business must obtain
a certification from the planning director certifying that the business
is located on a site that meets all of the requirements of the city's
Zoning Ordinance.
D.
As a
condition precedent to the city's issuance of an Adult-Use Cannabis
Permit pursuant to this chapter, any person intending to open and
operate an Adult-Use Cannabis Business shall provide sufficient evidence
of the legal right to occupy and to use the proposed location. In
the event the proposed location will be leased from another person,
the applicant shall 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 Adult-Use Cannabis
Business on the owner's property. Should any change in ownership of
the property/location occur during the lease term the applicant/permittee
shall provide to the city manager written notice of the change which
should reflect the specifics of who or what entity will be acting
as the property owner, provide property owner's contact details, and
indicate the effective date when the new or newly organized property
owner will own the property/location in question within seven days
after any change. Within 30 days following the change of property
owner, an applicant or permittee shall provide to the city manager
a new and superseding signed and notarized statement from the new
property owner acknowledging that the new or newly organized property
owner has read this chapter and consents to the operation of the Adult-Use
Cannabis Business on the property.
E.
To the
fullest extent permitted by law, the city of Palm Springs shall not
assume any liability whatsoever with respect to having issued an Adult-Use
Cannabis Permit pursuant to this chapter or otherwise approving the
operation of any Adult-Use Cannabis Business. As a condition to the
approval of any Adult-Use Cannabis Permit, the applicant shall enter
into a written agreement or agreements, in a form approved by the
city attorney before any Adult-Use Cannabis Permit regarding the following:
1.
Applicant
shall agree to indemnify, defend (at applicant's sole cost and expense),
and hold the city of Palm Springs, 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 Adult-Use Cannabis
Permit, the city's decision to approve the operation of the Adult-Use
Cannabis Business or activity, to process used by the city in making
its decision, or the alleged violation of any federal, state or local
laws by the Adult-Use Cannabis Business or any of its officers, employees
or agents.
2.
Maintain
insurance at coverage limits, and with conditions thereon as determined
necessary and appropriate from time to time by the city manager. In
no event shall the insurance required aggregate less than $2 million
dollars and no less than $1 million dollars for each loss.
3.
Reimburse
the City of Palm Springs for all costs and expenses, including but
not limited to attorney fees and costs and court costs, which the
City of Palm Springs may be required to pay as a result of any legal
action of any kind related to the Applicant's Adult-Use Cannabis Permit,
or related in any way any activity of the Applicant in conjunction
with the operation of the any Adult-Use Cannabis Activity. The City
of Palm Springs may, at its sole discretion, participate at its own
expense in the defense of any such action, but such participation
shall not relieve any of the obligations imposed hereunder.
4.
Applicant
shall keep the City and law enforcement updated with the names, addresses,
and relevant criminal histories of all employees, supervisors, and
other relevant parties for the Adult-Use Cannabis Business at all
times. Relevant criminal histories shall include any drug-related
or felony convictions, the nature of such offenses, and the sentences
received for such convictions.
F.
Before
any Permittee may commence operation of any Adult-Use Cannabis Business
or be granted a business license as to same, that Permittee shall
secure and provide satisfactory proof to the City that the Permittee
in question is a proper Licensee of the State of California, authorized
by State Law to engage in the specific Adult-Use Cannabis Business
to be undertaken in the City by the Permittee in question.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019; Ord. 2031 § 6, 2020;Ord. 2088, 11/9/2023)
A.
Throughout
the term of the Adult-Use Cannabis Permit, each permittee shall not
violate this Chapter and shall comply with all of the following:
1.
It
shall be a violation of this Chapter for a permittee to cultivate,
process, manufacture, test, distribute, transport, deliver, provide,
or allow to be provided Cannabis to any person under twenty-one years
of age except for Cannabis Medical Use Dispensaries which may permit
qualified patients, or primary caregivers of qualified patients pursuant
to applicable State law.
2.
Each
permittee of an Adult-Use Cannabis Business shall maintain accurate
books and records, 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 an Adult-Use
Cannabis Permit issued pursuant to this Chapter), or at any time upon
reasonable request of the City, each Adult-Use Cannabis Business shall
file a sworn statement detailing the number of sales by the Adult-Use
Cannabis Business during the previous twelve-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 paid or due to be paid.
3.
Each
Permittee 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 financial interest in the Adult-Use Cannabis
Business, and separately of all the officers, managers, supervisors,
employees and volunteers currently employed or otherwise engaged by
the Adult-Use Cannabis Business. The register required by this paragraph
shall be provided to the City Manager or his/her designee(s) upon
a reasonable request.
4.
The
Permittee shall post or cause to be posted on site all required city
and state permits and licenses required to operate. Such posting shall
be in a central location, visible to the patrons, at the operating
site, and in all vehicles that deliver or transport Cannabis goods.
5.
Each
permittee of an Adult-Use Cannabis Business shall maintain an inventory
control and reporting system that accurately documents the present
location, amounts, and descriptions of all Cannabis goods for all
stages of the growing and production or manufacturing, laboratory
testing and distribution processes.
6.
Each
Adult-Use Cannabis Business shall allow City of Palm Springs officials
to have access to the business's books, records, accounts, together
with any other data or documents relevant to its permitted Adult-Use
Cannabis activities, for the purpose of conducting an audit or examination.
Books, records, accounts, and any and all relevant data or documents
will be produced no later than 24 hours after receipt of the City's
request, unless otherwise stipulated by the City.
7.
The
Permittee shall maintain clear and adequate records and documentation
demonstrating that all Cannabis goods have been obtained from and
are provided to other permitted and licensed Cannabis operations.
The City shall have the right to examine, monitor, and audit such
records and documentation, which shall be made available to the City
upon request.
8.
All
Adult-Use Cannabis manufacturing facilities shall operate within a
legal structure that is compliant with all applicable State and local
laws.
9.
All
Adult-Use Cannabis Businesses must pay all applicable sales taxes
and fees pursuant to all federal, State, and local laws and the owner
and/or operator shall not be delinquent in the payment of such taxes
and fees.
10.
On-site smoking, ingestion, or consumption of Cannabis or alcohol
shall be prohibited on the premises of all Adult-Use Cannabis manufacturing/cultivation/testing
facilities. The term "premises" as used in this Subsection includes
the actual building, as well as any accessory structures and parking
areas. The Adult-Use Cannabis facility building entrance shall be
clearly and legibly posted with a notice indicating that smoking,
ingesting, or consuming Cannabis or alcohol on the premises or in
the vicinity of the facility is prohibited.
11.
Signage for any Adult-Use Cannabis Business facility and/or location
shall include the name of the business and shall be in compliance
with the City's sign ordinance and any applicable City design standards.
12.
Physician services shall not be provided on the premises. "Physician
services" includes without limitation the evaluation of patients for
the issuance of a medical Cannabis recommendation or card. "Physician
services" does not include social services, including counseling,
help with housing and meals, hospice, and other care referrals which
may be provided on site.
13.
The building in which any Adult-Use Cannabis Business facility is
located, as well as the operations as conducted therein, shall fully
comply with all applicable rules, regulations, and laws including,
but not limited to, zoning and building codes, the City's business
license ordinances, the Revenue and Taxation Code, the Americans with
Disabilities Act, and MAUCRSA.
14.
The canopy area of Adult-Use Cannabis located at any premises shall
not exceed the maximum canopy limits set by State Law and the limits
set forth in any City permit issued pursuant to the Palm Springs Municipal
Code.
15.
No person who is less than 21 years of age may be employed or otherwise
engaged in the operation of the permittee.
16.
Odor control plan and odor control equipment that satisfies the odor
requirements of this Chapter.
17.
No Cannabis goods, or graphics depicting cannabis goods, shall be
visible from the exterior of the premises, except at cannabis dispensaries
with storefront retail windows. In no event shall a cannabis dispensary
install or maintain a window display that displays cannabis goods
visible from outside of the premises.
18.
All Cannabis goods shall be stored in a secured and locked safe room,
safe or vault, and in a manner to prevent diversion, theft, and loss,
except for limited amounts of Cannabis used for display purposes,
samples, or immediate sale.
19.
Each permittee shall be responsible and liable for safety and security
in and around the Adult-Use Cannabis Business, and shall provide adequate
security on the premises, including lighting and alarms, to ensure
the safety of persons and to protect the premises from theft and other
crimes. Each permittee shall install and maintain in proper working
order, video monitoring equipment capable of providing surveillance
of both interior and exterior areas of the permitted establishment.
Each permittee shall maintain such surveillance video tapes for a
period of at least 30 days and shall make such videotapes available
to the City upon demand.
20.
Each permittee shall provide the City Manager with the name, telephone
number, and e-mail address of a community relations contact to whom
the public can provide notice of problems associated with the Adult-Use
Cannabis Business. The permittee shall make a good faith effort to
resolve problems without the need for intervention by the City.
21.
Any new supervisors, employees or other persons otherwise engaged
in the operation of the Adult-Use Cannabis Business must submit their
information to the City Manager within 10 days prior to their new
ownership, employment, or engagement, including fingerprints and other
necessary information for a background check.
22.
No Permittee supervisor, employee, or other persons otherwise engaged
in the operation of the Adult-Use Cannabis Business may have been
convicted of any crime that would disqualify the permittee from having
a State license.
23.
The property owner(s) who own(s) the premises where the Adult-Use
Cannabis Business is located must at all times have all necessary
land use entitlements that run with the land as required by this Code
and the land use entitlements must be operative.
24.
When applicable, the permittee must legally hold all required State
licenses under MAUCRSA as it may be amended, and under all other applicable
State Laws.
25.
The permittee shall comply with all required city permits, state
licenses, city regulations, and State Laws and regulations, including
without limitation, City building, zoning, and health codes. The owner
shall be responsible for the payment of all required inspection fees,
permit fees, and taxes with all applicable Federal, State, and local
laws, ordinances, and regulations.
26.
No permittee shall display upon or in proximity to, or referring
to the location or premises of the Adult-Use Cannabis Business, use,
publish, or exhibit, or permit to be used, or published, any sign,
advertisement, display, notice, symbol, or other device which uses
misleading, deceptive, or false advertising. No permittee shall falsely
represent, claim, or advertise the content, nature, quality, attributes,
or effects of any product or service provided by, or on the premises
of, the Adult-Use Cannabis Business.
27.
The permittee shall fully comply with California Labor Code Section
1102.5.
B.
A permittee
shall comply with the following Cultivation, manufacturing, waste,
and storage requirements:
1.
Each
permittee must follow all pesticide use requirements of local, State,
and Federal law.
2.
Each
permittee must maintain all weighing devices in compliance with local,
State, or Federal law.
3.
Each
permittee must follow all local, State, and Federal requirements for
waste disposal.
4.
In
no case shall any hazardous, flammable, or explosive substances be
used to process or manufacture Cannabis goods on site.
5.
Pesticides
and fertilizers shall be properly labeled and stored to avoid contamination
through erosion, leakage, or inadvertent damage from rodents, pests,
or wildlife.
6.
All
food products, food storage facilities, food-related utensils, equipment,
and materials shall be approved, used, managed, and handled in accordance
with Sections 113700—114437 of the California Health and Safety
Code, and California Retail Food Code. All food products shall be
protected from contamination at all times, and all food handlers must
be clean, in good health and free from communicable diseases.
C.
At any
time and without notice, City officials may enter the premises for
the purpose of observing compliance of the Adult-Use Cannabis Business
with this Section, including access to and inspection of the Adult-Use
Cannabis Business' records, books, accounts, financial data, and any
and all data relevant to its permitted activities for the purpose
of conducting an audit or examination.
D.
It is
unlawful for any person having any responsibility over an Adult-Use
Cannabis Business to refuse to allow, impede, obstruct, or interfere
with an inspection, or the review of the copying of records and monitoring
(including recordings) including, but not limited to, the concealment,
destruction, and falsification of any recordings or records.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019; Ord. 2046 § 3, 2021)
A.
Additional
Requirements for Dispensaries.
1.
Dispensaries
shall be located only in zoning districts that specifically provide
for this use.
2.
Dispensaries
shall implement and maintain sufficient security measures to both
deter and prevent unauthorized entrance into areas containing Cannabis
good in compliance with Section 26070(j) of the California Business
and Professions Code and any rules promulgated by the State licensing
authority. Security measures shall include, but are not limited to,
the following:
a.
Prevent individuals from loitering on the premises of the dispensary
if they are not engaging in activity expressly related to the operations
of the dispensary;
b.
Establish limited access areas accessible only to authorized dispensary
personnel;
c.
Store all Cannabis goods in a secured and locked safe room, safe,
or vault, and in a manner as to prevent diversion, theft, and loss,
except for limited amounts of Cannabis goods used for display purposes,
samples, or immediate sale;
d.
Install security cameras on site; and
e.
Provide for on-site security personnel meeting the requirements and
standards contained within applicable State regulations and applicable
City requirements.
3.
If
the dispensary operations are proposed to include transportation and
distribution, all employees of a dispensary delivering Cannabis goods
shall carry a copy of the documentation listed below when making deliveries.
This information shall be provided upon request to law enforcement
officers and to employees of state and local agencies enforcing this
Chapter.
a.
A copy of the dispensary's current permits, licenses, and entitlements
authorizing them to provide transportation and distribution services;
b.
The employee's government-issued identification;
c.
A copy of the transportation and distribution request; and
d.
Chain of custody records for all goods being delivered.
4.
Dispensaries
shall ensure that all Cannabis goods at the dispensary are cultivated,
manufactured, transported, distributed, and tested by licensed and
permitted facilities that maintain operations in full conformance
with state and local regulations.
5.
Dispensaries
shall not distribute any Cannabis goods unless the Cannabis goods
are labeled and in a tamper-evident package in compliance with Section
26120 (a) of the California Business and Professions Code and any
additional rules promulgated by the licensing authority and such label
shall include the name and contact information of the dispensary that
dispensed the Adult-Use Cannabis.
6.
Possession
or transportation and distribution of any other form of illegal drugs
without proper legal authorization shall be grounds for revocation
of permits.
7.
Dispensary
shall facilitate the dispensing, making available, sale, and delivery
of cannabis goods with a technology platform that uses point-of-sale
technology to track, and database technology to record and store,
the following information for each transaction involving the exchange
of cannabis goods between the Dispensary and customer:
a.
The first name and employee number of the Dispensary employee who
processed the sale of cannabis goods on behalf of the Dispensary.
b.
A list of all the cannabis goods purchased, including the quantity
purchased.
c.
The total amount paid for the sale, including the individual prices
paid for the Cannabis goods, and any amounts paid for tax.
B.
Additional
Requirements for Adult-Use Cannabis Cultivation.
1.
Adult-Use
Cannabis Cultivation shall be located only in zoning districts that
specifically provide for this use.
2.
Adult-Use
Cannabis Cultivation shall comply with all of the following regulations:
a.
All Cultivation activities permitted under this Chapter shall comply
with the state requirements for unique identifiers and the trace and
track program.
b.
Security measures sufficient to restrict access only to authorized
personnel and to deter trespass and theft of Cannabis goods shall
be provided and maintained.
c.
Pesticides and fertilizers shall be properly labeled and stored to
avoid contamination through erosion, leakage, or inadvertent damage
from rodents, pests, or wildlife.
d.
Water conservation measures, water capture systems, or grey water
systems shall be incorporated in Adult-Use Cannabis Cultivation operations
in order to minimize use of water where feasible.
e.
On-site renewable energy generation shall be required for all indoor
Adult-Use Cannabis Cultivation activities, if feasible. Renewable
energy systems shall be designed to have a generation potential equal
to or greater than one-half of the anticipated energy demand.
f.
Cannabis plants shall not be visible from offsite. No visual markers
indicating that Cannabis is cultivated on the site shall be visible
from offsite.
g.
The Permittee shall ensure that the total canopy size of Adult-Use
Cannabis cultivated at the site does not exceed the cumulative canopy
size authorized by State Law or regulation.
C.
Additional
Requirements for Adult-Use Cannabis Manufacturing.
1.
Adult-Use
Cannabis manufacturing shall be located only in zoning districts that
specifically provide for this use.
2.
Adult-Use
Cannabis manufacturing shall comply with all of the following regulations:
a.
The manufacturing of food or other products infused with or which
otherwise contain Cannabis may be manufactured within the appropriate
manufacturing zoning districts subject to the regulations set forth
in this Chapter, and subject to whatever additional regulations may
be promulgated hereunder by an ordinance or resolution of the City
Council. Except as otherwise provided in this Chapter, all Cannabis
manufacturing within the City is prohibited.
b.
Adult-Use Cannabis manufacturing facilities may be located within
the same building or structure as an indoor Adult-Use Cannabis Cultivation
facility only if the Adult-Use Cannabis manufacturing facility is
located in separate rooms of the building or structure.
c.
Subject to the further requirements of this Section, only State manufacturer
license classification type 6 or type 7 will be allowed to operate
in the City using nonvolatile solvents in accordance with MAUCRSA
and Business and Professions Code Sections 26130(a) and (b).
d.
All Cannabis manufacturing operations shall ensure that Cannabis
is obtained from permitted and licensed Cultivation sources and shall
implement best practices to ensure that all manufactured Cannabis
is properly stored, labeled, transported, and inspected prior to distribution
at a legally permitted and licensed dispensary.
e.
Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of Cannabis goods shall
be provided and maintained. Security measures shall include, but are
not limited to, the following:
(i)
Prevent individuals from loitering on the premises of the manufacturing
facility if they are not engaging in activity expressly related to
the operations of the manufacturing facility;
(ii)
Store all Cannabis goods in a secured and locked safe room,
safe, or vault, and in a manner as to prevent diversion, theft, and
loss;
(iii)
Install security cameras on site; and
(iv)
Provide for on-site security personnel meeting the requirements
and standards contained within applicable State regulations and applicable
City requirements.
f.
Any employees of an Adult-Use Cannabis manufacturing facility operating
potentially hazardous equipment shall be trained on the proper use
of equipment and on the proper hazard response protocols in the event
of equipment failure. In addition, employees handling Edible Cannabis
Products or ingredients shall be trained on proper food safety practices.
g.
Adult-Use Cannabis manufacturing is allowed only within Fully Enclosed
and Secure Structures that are inaccessible to minors.
h.
Adult-Use Cannabis manufacturing shall not exceed the square footage
authorized pursuant to any applicable land uses entitlement.
i.
From any public right-of-way, there shall be no visible exterior
evidence of any Adult-Use Cannabis manufacturing activity.
j.
Adult-Use Cannabis manufacturing shall not adversely affect the health
or safety of the nearby residents by creating dust, glare, heat, noise,
smoke, traffic, vibration, or other impacts, and shall not be hazardous
due to use or storage of materials, processes, products, or wastes.
k.
All Adult-Use Cannabis manufacturing facilities shall fully comply
with all of the applicable restrictions and mandates set forth in
State Law. All Adult-Use Cannabis manufacturing facilities shall comply
with all size requirements for such facilities as imposed by State
Law. Adult-Use Cannabis manufacturing facilities shall not engage
in any activities not allowed by Adult-Use Cannabis manufacturing
facilities pursuant to State Law. All Adult-Use Cannabis manufacturing
facilities shall comply with all horticultural, labeling, processing,
and other standards required by State Law.
l.
There is no set restriction on the hours of operation of Adult-Use
Cannabis manufacturing facilities; however, restricted hours of operation
may be established as a condition of approval of the manufacturing
permit or the applicable land use entitlement.
m.
Adult-Use Cannabis manufacturing facilities shall not distribute,
sell, dispense, or administer Cannabis from the facility to the public.
Adult-Use Cannabis manufacturing facilities shall not be operated
as Adult-Use Cannabis dispensaries.
n.
The Permittee of all Adult-Use Cannabis manufacturing facilities
shall provide the City Manager with the name, phone number, and email
address of an on-site representative to whom the City and the public
can provide notice if there are any operational problems associated
with the Adult-Use Cannabis manufacturing facility. All Adult-Use
Cannabis manufacturing facilities shall make every good faith effort
to encourage residents and the public to call this representative
to resolve any operational problems before any calls or complaints
are made to the City or law enforcement.
o.
All finished products produced by an Adult-Use Cannabis manufacturing
facility must be labeled in compliance with MAUCRSA, Business and
Profession Code Section 26120, and the labeling requirements outlined
by the State Department of Public Health.
p.
All finished products produced by an Adult-Use Cannabis manufacturing
facility must be packaged in child resistant containers prior to leaving
the facility or becoming commercially available in accordance with
MAUCRSA, Business and Profession Code Section 26120, the State Department
of Public Health regulations, and other applicable State Laws.
q.
All batches of final Cannabis goods must be tested by a qualified
third-party testing facility prior to distribution to a dispensary
as required by MAUCRSA, Business and Professions Code Sections 26101,
26102, and 26104, and the State Department of Public Health regulations.
r.
Adult-Use Cannabis manufacturing facilities shall only use nonvolatile
solvents that have been approved by the State Department of Public
Health for Adult-Use Cannabis level 1 manufacturing. Until such time
as any such nonvolatile solvents are approved by the State Department
of Public Health for Adult-Use Cannabis level 1 manufacturing, Adult-Use
Cannabis manufacturing facilities shall only use nonvolatile solvents
that have been approved by the Food and Drug Administration for the
processing and preparation of botanical dietary supplements or food
grade products.
s.
All processing and analytical testing devises used for Adult-Use
Cannabis manufacturing facilities must be UL listed, or otherwise
approved for the intended use by the City's Building Official or the
Fire Department. Any processing devices using only non-pressurized
water are exempt from such approval.
t.
Unless otherwise prohibited, all processing devices used by an Adult-Use
Cannabis manufacturing facility that utilize hydrocarbons or otherwise
flammable solvents must operate in a closed loop, or in such a way
that all solvent material is recovered in the process. All hazardous
material must be disposed of in a manner which is compliant with all
local, State, and federal guidelines for the disposal of hazardous
materials.
D.
Additional
Requirements for Adult-Use Cannabis Testing Facilities.
1.
Adult-Use
Cannabis testing facilities shall be located only in zoning districts
that specifically provide for this use.
2.
Adult-Use
Cannabis testing facilities shall comply with all of the following
regulations:
a.
Adult-Use Cannabis testing facilities shall be independent from all
other persons and entities involved in the Adult-Use Cannabis industry.
b.
Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of Cannabis goods shall
be provided and maintained. Security measures shall include, but are
not limited to, the following:
(i)
Prevent individuals from loitering on the premises of the testing
facility if they are not engaging in activity expressly related to
the operations of the testing facility;
(ii)
Store all Cannabis goods in a secured and locked safe room,
safe, or vault, and in a manner as to prevent diversion, theft, and
loss;
(iii)
Install security cameras on site; and
(iv)
Provide for on-site security personnel meeting the requirements
and standards contained within applicable State regulations and applicable
City requirements.
c.
Adult-Use Cannabis testing facilities shall adopt standard operating
procedures using methods consistent with general requirements for
the competence of testing and calibration activities, including sampling,
using standard methods established by the International Organization
for Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025
to test Cannabis goods that are approved by an accrediting body that
is a signatory to the International Laboratory Accreditation Cooperation
Mutual Recognition Arrangement.
d.
Adult-Use Cannabis testing facilities shall obtain samples for testing
according to a statistically valid sampling method.
e.
If a test result falls outside the specifications authorized by law
or regulation, the Adult-Use Cannabis testing facility shall follow
a standard operating procedure to confirm or refute the original result.
f.
Adult-Use Cannabis testing facilities shall destroy the remains of
any samples of Cannabis goods tested upon completion of the analysis.
g.
A licensed Cannabis Testing Facility shall issue a certificate of
analysis for each lot, with supporting data, in compliance with State
laws and regulations.
E.
Additional
Requirements for Adult-Use Cannabis Transportation and Distribution.
1.
Adult-Use
Cannabis transportation and distribution facilities shall be located
only in zoning districts that specifically provide for this use.
2.
Adult-Use
Cannabis transportation and distribution facilities shall comply with
all of the following requirements.
a.
Cannabis goods shall only be transported between permitted and licensed
Adult-Use Cannabis Businesses.
b.
Prior to transporting Cannabis goods, the transporter shall complete
an electronic shipping manifest. The shipping manifest shall include
the unique identifier information from the Cultivation source.
c.
A physical copy of the shipping manifest shall be maintained during
transportation and shall be made available upon request to law enforcement
or any agents of the State or City charged with enforcement of this
Chapter.
d.
Distribution facilities shall maintain appropriate records of transactions
and shipping manifests. An organized and clean method of storing and
transporting Cannabis goods shall be provided to maintain a clear
chain of custody.
e.
Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of Cannabis goods shall
be provided and maintained. Security measures at distribution facilities
shall include, but are not limited to, the following:
(i)
Prevent individuals from loitering on the premises of the distribution
facility if they are not engaging in activity expressly related to
the operations of the distribution facility;
(ii)
Store all Cannabis goods in a secured and locked safe room,
safe, or vault, and in a manner as to prevent diversion, theft, and
loss;
(iii)
Install security cameras on site; and
(iv)
Provide for on-site security personnel meeting the requirements
and standards contained within applicable State regulations and applicable
City requirements.
f.
Distributors shall ensure that appropriate samples of Cannabis goods
are tested by a licensed testing facility prior to distribution.
g.
Prior to distribution, the distributor shall inspect Cannabis goods
for quality assurance.
h.
Cannabis goods shall be packaged and labeled in accordance with the
requirements of State Law.
i.
Alternative fuel vehicles shall be provided as part of an Adult-Use
Cannabis transportation fleet.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
A permitted
adult-use cannabis business shall implement sufficient security measures
to deter and prevent the unauthorized entrance into areas containing
Cannabis goods, and to deter and prevent the theft of cannabis goods
at the adult-use cannabis business. Except as may otherwise be determined
by the City Manager or their designee(s), these security measures
shall include, but shall not be limited to, all of the following:
1.
Preventing
individuals from remaining on the premises of the adult-use cannabis
business if they are not engaging in an activity directly related
to the permitted operations of the adult-use cannabis business.
2.
Establishing
limited access areas accessible only to authorized adult-use cannabis
business personnel.
3.
Except
for live growing plants which are being cultivated at a cultivation
facility, all cannabis goods shall be stored in a secured and locked
room, safe, or vault. All cannabis goods, including live plants which
are being cultivated, shall be kept in a manner as to prevent diversion,
theft, and loss, except for limited amounts of cannabis used for display
purposes or for immediate sale at a dispensary.
4.
Installing
24-hour security surveillance cameras and used in an ongoing manner
with at least 240 concurrent hours of digitally recorded documentation
of at least HD-quality in a format approved by the City Manager to
monitor all entrances and exits to and from the premises, all interior
spaces within the adult-use cannabis business which are open and accessible
to the public, and all interior spaces where cannabis, cash or currency,
is being stored for any period of time on a regular basis, including
cultivation areas and any other areas as determined by the City Manager.
Video recordings shall be maintained for a minimum of 90 days and
shall be made available to the City Manager or law enforcement upon
verbal request. No search warrant or subpoena shall be required to
view recorded materials. Any disruption in security camera images
shall be cured expeditiously in good faith.
5.
Panic
buttons shall be installed in all adult-use cannabis businesses.
6.
Alarmed
with an alarm system that is operated, maintained, and operated by
a reputable security company.
7.
Any
bars installed on the windows or the doors of the adult-use cannabis
business shall be installed only on the interior of the building.
8.
Security
personnel must be licensed by the State of California Bureau of Security
and Investigative Services and shall be subject to the prior review
and approval of the City Manager or their designee(s), with such approval
not to be unreasonably withheld. Security personnel may be permitted
to carry a firearm while providing security for any adult-use cannabis
business provided written authorization from the City Manager or designee
is obtained after submittal of the name of the armed security company,
number of officers and shifts when armed security will on present.
9.
The
entrances and all window areas shall be illuminated during evening
hours. The facility shall comply with the City's lighting standards
regarding fixture type, wattage, illumination levels, shielding, etcetera,
and shall secure the necessary lighting approvals and permits as needed.
10.
The City Manager and law enforcement shall have the right to enter
the indoor adult-use cannabis business at any time unannounced for
the purpose of making reasonable inspections to observe and enforce
compliance with this Section and all laws of the City and the State.
B.
Each
Adult-Use Cannabis Business shall identify a designated security representative
or liaison to the City of Palm Springs, who shall be reasonably available
to meet with the City Manager or their designee regarding any security
related measures or and operational issues.
C.
As part
of the Application and permitting process each Adult-Use Cannabis
Business shall have a storage and transportation plan, which describes
in detail the procedures for safely and securely storing and transporting
all Cannabis goods and any currency.
D.
The
Adult-Use Cannabis Business shall cooperate with the City whenever
the City Manager or their designee makes a request, upon reasonable
notice to the Adult-Use Cannabis Business, to inspect or audit the
effectiveness of any security plan or of any other requirement of
this Chapter.
E.
An Adult-Use
Cannabis Business shall notify the City Manager or his/her 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 Manager
or his/her designee.
2.
Diversion,
theft, loss, or any criminal activity involving the Adult-Use Cannabis
Business or any agent or employee of the Adult-Use Cannabis Business.
3.
The
loss or unauthorized alteration of records related to the Adult-Use
Cannabis Business.
4.
Any
other breach of security.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019; Ord. 2046 § 2, 2021)
A.
Prior
to the sale or the transportation and distribution of Cannabis goods
the same shall be labeled and placed in a tamper-evident packaging.
Labels and packaging must comply with all applicable state laws and
regulations.
B.
Any
Adult-Use Cannabis Business with the word "organic" in its name must
place signage in its place of business visible upon entry and at the
point-of-sale, in a location and size acceptable to the City Manager,
that states, "Product Being Sold Is Not Organic Unless Explicitly
Labeled." In no event will the sign be smaller than 8 1/2 inches by
11 inches with font size no smaller than 72.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
The
City Manager may delegate an act required to be performed pursuant
to this Chapter to any Code Enforcement Officer or Official of the
City, including without limitation the Chief of Police, the Fire Chief,
the Building Official, the Finance Director, the City Attorney, or
any designee of such officers or officials, including day-to-day operations.
B.
The City Manager or the City Manager's designees as provided in Subsection A above shall have all the powers to:
1.
Investigate violations or suspected violations of this Chapter, Chapter 3.35, and Section 93.23.15, and any other laws or regulations pertaining to Adult-Use Cannabis in this City, and any resolutions or regulations promulgated pursuant to such provisions, and make arrests, with or without warrant, for any violation thereof, if, during an officer's exercise of powers or performance of duties pursuant to such laws, probable cause exists that a crime related to such laws has been or is being committed.
2.
View,
duplicate, and/or take possession of recordings made by the security
cameras shall be made available to the City Manager upon verbal request;
no search warrant or subpoena shall be needed to view the recorded
materials.
3.
The
City Manager shall have the right to enter an Adult-Use Cannabis Business
or facility from time to time unannounced for the purpose of making
reasonable inspections to observe and enforce compliance with this
Chapter and all laws of the City and State of California.
4.
Serve
all warrants, summonses, subpoenas, administrative citations, notices,
or other processes relating to the enforcement of laws regulating
Adult-Use Cannabis and Cannabis-infused product.
5.
Assist
or aid any law enforcement officer in the performance of the duties
upon such law enforcement officer's request or the request of other
local officials having jurisdiction.
6.
Inspect,
examine, or investigate any Adult-Use Cannabis Business and/or facility
or any property where Cannabis goods are grown, stored, cultivated,
manufactured, tested, distributed, or sold, and any books and records
in any way connected with any permitted activity.
7.
Require
any Permittee, upon demand, to permit an inspection of any Adult-Use
Cannabis Business or facility during business hours or at any time
of apparent operation, including without limitation any Cannabis equipment,
and Cannabis accessories, or books and records; and, to permit the
testing of or examination of Cannabis goods.
8.
Require
Applicants to submit complete and current Applications and fees and
other information the City Manager deems necessary to make permitting
decisions and approve material changes made by any Applicant or permittee.
9.
Conduct
investigations into the character, criminal history, and all other
relevant factors related to suitability of all Applicants and permittees
for Adult-Use Cannabis Permits and such other persons as the City
Manager may require.
10.
Promulgate such administrative regulations as deemed necessary and
appropriate, provided that said regulations are consistent herewith
and with all applicable State laws and regulations.
11.
Exercise any other power or duty authorized by law.
C.
Applicants
and Permittees Shall Cooperate with City Manager Employees.
1.
Applicants
and Permittees must cooperate with employees and investigators of
the City Manager who are conducting inspections or investigations
relevant to the enforcement of laws and regulations related to this
Chapter.
2.
No
Applicant or Permittee shall by any means interfere with, obstruct,
or impede the City Manager or employee or investigator of the City
Manager from exercising their duties under the provisions of this
Chapter and all rules promulgated pursuant to it. This would include,
but is not limited to:
a.
Threatening force or violence against an employee or investigator
of the City Manager, or otherwise endeavoring to intimidate, obstruct,
or impede employees or investigators of the City Manager, their supervisors,
or any peace officers from exercising their duties. The term "threatening
force" includes the threat of bodily harm to such individual or to
a member of their family;
b.
Denying employees or investigators of the City Manager access to
an Adult-Use Cannabis Business during business hours or times of apparent
activity;
c.
Providing false or misleading statements;
d.
Providing false or misleading documents and records;
e.
Failing to timely produce requested books and records required to
be maintained by the Permittee; or
f.
Failing to timely respond to any other request for information made
by the City Manager in connection with an investigation of the qualifications,
conduct or compliance of an Applicant or permittee.
D.
Administrative
Hold. To prevent destruction of evidence, diversion, or other threats
to public safety, while permitting a Permittee to retain its inventory
pending further investigation, a City Manager investigator may order
an administrative hold of Cannabis goods pursuant to the following
procedure:
1.
If
during an investigation or inspection of a permittee, the City Manager
develops reasonable grounds to believe certain Cannabis goods constitute
evidence of acts in violation of this Chapter or rules promulgated
pursuant to it, or otherwise constitute a threat to the public safety,
the City Manager may issue a notice of administrative hold of any
such Cannabis goods. The notice of administrative hold shall provide
a documented description of the Cannabis goods to be subject to the
administrative hold.
2.
The
Permittee shall completely and physically segregate the Cannabis goods
subject to the administrative hold in a separate area of the Location
under investigation, where it shall be safeguarded by the Permittee.
Pending the outcome of the investigation and any related disciplinary
proceeding, the Permittee is prohibited from selling, giving away,
transferring, transporting, or destroying the Cannabis goods subject
to the administrative hold.
3.
Following
an investigation, the City Manager may lift the administrative hold,
order the continuation of the administrative hold, or issue an order
for the destruction of the Cannabis goods.
4.
Any
decision or action of the City Manager pursuant to this Subsection
is subject to appeal pursuant to Section 2.05 of this Code.
E.
Voluntary
Surrender of Cannabis goods. A Permittee, prior to a Final Order and
upon mutual agreement with the City Manager, may elect to waive a
right to a hearing and any associated rights, and voluntarily surrender
any Cannabis goods to the City Manager. Such voluntary surrender may
require destruction of any Cannabis goods in the presence of a City
Manager.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
Noncompliance. Failure to comply with any of the provisions of this Chapter will constitute grounds for suspension, denial, or revocation of the permit. The noticing and hearing requirements for suspension or revocation of the permit shall be governed by the provisions of Chapter 2.05 of this Code.
B.
Cease
activity. No person may conduct any business or activity regulated
by this Chapter while an application for a permit is pending, at any
time after a permit denial or revocation, or while a permit is suspended.
C.
The
City Manager may revoke or suspend any permit, on the following grounds:
1.
Failure
to comply with any of the terms and conditions attached to the permit.
2.
Any
act or omission that violates the requirements of this Code, including
any rule, regulation, condition, or standard adopted pursuant to this
Chapter, or any other applicable State or local rule, law, or regulation.
3.
Any
act or omission that results in the denial, revocation, or suspension
of the permittee's State license.
4.
Failure
to renew the permittee's State license.
5.
The
permit was granted, in whole or in part, based on any written or oral
misrepresentation or omission of a material statement in the permit
application.
6.
Conducting
an Adult-Use Cannabis Business in a manner that constitutes a nuisance,
where the permittee has failed to comply with reasonable conditions
to abate the nuisance.
7.
Conviction
for any felony by an owner after a permit has been issued.
8.
A
person has committed a deliberate or willful violation of an applicable
law, or applicable rule and regulation related to Adult-Use Cannabis
activity.
D.
The
City Manager may consider the following factors in deciding whether
a permit should be suspended or revoked in accordance with this Chapter,
as applicable:
1.
A
permit application does not satisfy the minimum qualifications or
fails to comply with the applicable requirements of this Chapter.
2.
Any
corrective action taken by the permittee.
3.
Prior
violations at the permitted premises by the permittee and the effectiveness
of prior corrective action.
4.
Previous
sanctions imposed against the permittee.
5.
The
number and/or variety of current violations.
6.
The
likelihood of recurrence.
7.
All
circumstances surrounding the violation.
8.
Whether
the violation was willful.
9.
Any
actual or potential harm to the public.
10.
The length of time the permit has been held by the permittee.
11.
Any other factor that makes the situation unique or the violation
of greater concern, with respect to the permittee or the permitted
premises.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
Wherever this Chapter requires the City to serve notice to an
Applicant, permittee, or property owner such notice shall be given
by the City Manager, in writing, and shall be delivered either by
personal delivery or by certified U.S. mail, postage prepaid, return
receipt requested. In addition, any such notice may be posted at the
physical address of the premises on the date of the mailing of notice.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
It is
unlawful for any person to violate any provision, or to fail to comply
with any of the conditions or requirements of this Chapter, or any
regulation adopted pursuant to it.
B.
Separate
Violation. Every day, during any portion of which, any violation of
this Chapter is committed, continued, or allowed to continue is a
separate offense and is subject to the penalties of this Chapter.
C.
In addition
to all other legal remedies at law, violations of this Chapter and
building, health, and safety violations caused as a result of a violation
of this Chapter are enforceable using the administrative citation
procedures set forth in this Code. An administrative citation issued
for the first violation of this Chapter may not exceed $5,000. An
administrative citation issued for a second violation may not exceed
$10,000 and may result in a six month permit suspension. An administrative
citation issued for a third violation may not exceed $25,000 and may
result in revocation of all permits.
1.
Administrative
penalties imposed pursuant to this Section also constitute a personal
obligation on each person who causes, permits, maintains, conducts,
or otherwise suffers or allows the nuisance to exist. In the event
administrative penalties are imposed pursuant to this Section on two
or more persons for the same violation, all such persons are jointly
and severally liable for the full amount of the penalties imposed.
2.
In
addition to any other remedy, the City may prosecute a civil action
through the City Attorney to collect any administrative penalty imposed
pursuant to this Chapter.
D.
As an
alternative, or in addition to any other remedy, the City Attorney
may enforce the provisions of this Chapter against any anyone conducting
unpermitted Adult-Use Cannabis activity in any court of competent
jurisdiction. The City Attorney may apply to such court for an order
seeking injunctive relief to abate or remove any nuisance caused,
maintained, or permitted by an illegal cannabis operation and/or property
owner, to restrain any illegal cannabis operation and/or property
owner from taking any action contrary to the provisions of this Chapter
or other applicable law; and/or to require any illegal cannabis operation
and/or property owner to take any action to comply with this Chapter
or other applicable law. In any civil court action brought by the
City Attorney pursuant to this Section in which the City succeeds
in obtaining an order from the court, the City shall be entitled to
recover from an illegal cannabis operation and/or property owner all
of the City's costs of investigation, enforcement, abatement, destruction,
and litigation, including but not limited to attorneys' fees.
E.
The
City is entitled to recover civil penalties against an anyone conducting
unpermitted Adult-Use Cannabis activity and/or the property owner
of three times the license fee for each day unpermitted Adult-Use
Cannabis activity is operated, permitted, or maintained on the subject
property. The City may also seek a court order, ordering the destruction
of cannabis associated with that violation in accordance with California
Health and Safety Code Section 11479. In assessing the amount of a
civil penalty, the court shall consider anyone or more of the relevant
circumstances presented by any of the parties to the case, including,
but not limited to, the following:
F.
Liens
and Special Assessments
1.
Notwithstanding
any other provision of this Chapter to the contrary, the costs incurred
by the City in the abatement of a violation or nuisance may be placed
against any privately owned and affected property as either a nuisance
abatement lien or a special assessment lien pursuant to California
Government Code Section 38771 et seq., as amended from time-to-time,
or a lien pursuant to California Government Code Section 54988, as
amended from time to time.
2.
All
actual costs required by this Section constitute a lien upon the property
upon which the Adult-Use Cannabis Business is situated. The lien for
any inspection, enforcement, or abatement costs may attach 30 days
after the responsible parties are notified of the costs and will remain
until the costs are paid or the premises is sold in payment thereof.
3.
The
City may enforce a lien under this Chapter in any manner permitted
by law, including filing a civil action either to foreclose on its
liens or to obtain a money judgment or both, or pursuing non-judicial
foreclosure.
4.
The
City may elect, upon 30 calendar days written notice to all known
and record owners of the privately owned and affected property, to
convert any nuisance abatement lien authorized by this Chapter to
a special assessment lien, or vice versa. Costs recoverable under
this Chapter may include those categories of costs and fees set forth
in Civil Code Section 3496, regardless of the type of nuisance involved.
5.
If
the property is specially assessed, said assessment may be collected
at the same time and in the same manner as ordinary real property
taxes are collected and will be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for
ordinary real property taxes. All laws applicable to the levy, collection,
and enforcement of real property taxes are applicable to the special
assessment.
G.
Prohibited
Properties Due to Prior Unpermitted Adult-Use Cannabis Activity.
1.
If
the City discovers unpermitted Adult-Use Cannabis activity is currently
and/or was operating within the previous 60 days at or on a property,
or any portion thereof, without valid State or City permits or licenses
the City may notify the property owner that no Commercial Cannabis
Business shall be permitted to operate at the subject property for
a period of one year from the 16th day after the date of mailing of
the Notice. The City shall notify the property owner in writing of
their right to file, within 15 days after the date of mailing of the
Notice, written request of a hearing to the City disputing the alleged
unpermitted adult-use cannabis activity. Such written request shall
set forth the specific ground(s) on which the dispute is based and
the property owner shall pay to the City at the time of filing said
written request a filing fee in an amount to be set by resolution
of the City Council.
2.
Failure
to file the written request within the time period specified shall
result in waiver of any right to dispute the allegation of operation
of unpermitted adult-use cannabis activity at the subject property.
In the event of such waiver, no Commercial Cannabis Business, whether
licensed or non-licensed, shall be permitted to operate at the subject
property for a period of one year from the 16th day after the date
of mailing of the Notice.
(Ord. 1933 § 2, 2017; Ord. 2005 § 4, 2019)
A.
Notwithstanding
any other provision of this Chapter, in the event any adult-use cannabis
activity surpasses the odor detection threshold while complying with
an approved Odor Protection Plan, the permittee will be issued a written
warning and the permittee shall work with the City to modify any existing
odor control plan to mitigate odor issues within seven days. If the
permittee cannot mitigate the odor issues within seven days, then
Adult-Use Cannabis Activity causing the odor issues must cease until
effective odor control measures are in place.
B.
In the
event any Adult-Use Cannabis Activity surpasses the odor detection
threshold while not complying with an approved Odor Protection Plan,
the permittee shall be issued an administrative citation for $10,000.
The permittee shall have 30 days to remedy any odor issues. The permittee
shall be issued an administrative citation for $10,000 for each subsequent
month the permittee fails to remedy the odor issue and comply with
the approved Odor Control Plan. If a permittee receives three administrative
citations pursuant to this subsection, the permit shall automatically
be revoked upon issuance of the third citation.
C.
In the
event an Adult-Use Cannabis Businesses with an Adult-Use Cannabis
Permit is confirmed to have a verified odor complaint based on Adult-Use
Cannabis Activity that it is not permitted for, the permittee shall
be issued an administrative citation for $25,000 and all permits issued
to permittee shall automatically be revoked.
(Ord. 2005 § 4, 2019)
A.
The
remedies provided for in this Chapter are not mutually exclusive.
Pursuit of any one remedy does not preclude the City from availing
itself of any or all available administrative, civil, or criminal
remedies, at law or equity. The remedies provided by this Chapter
are cumulative and in addition to any other remedies available at
law or in equity.
(Ord. 2005 § 4, 2019)
A.
Any
violation of provisions of this Chapter is hereby deemed unlawful
and a public nuisance.
B.
As a
nuisance per se, any violation of the Chapter is subject to any of
the following remedies, including, without limitation: injunctive
relief, revocation of applicable permits or licenses, revocation of
applicable permits or licenses, revocation of the certificate of occupancy
for the real property where the violation occurred, disgorgement and
payment to the City of all monies unlawfully obtained, costs of abatement,
costs of investigation, attorney fees, and any other relief or remedy
available at law or equity.
C.
For
purposes of notification of nuisance and abatement, a reasonable time
limit for a property owner or person to correct or abate the nuisance
of an illegal cannabis operation is no less than five calendar days.
(Ord. 2005 § 4, 2019)
Liability of employees and agents. In construing and enforcing
the provisions of this Chapter, the act, omission, or failure of an
agent, officer, representative, or other person acting for or employed
by an Adult-Use Cannabis Business, within the scope of their employment
or office, will be in every case be deemed the act, omission or failure
of the Adult-Use Cannabis Business.
(Ord. 2005 § 4, 2019)
A.
No property
owner in charge of, or in possession of, any real property within
the City shall cause, permit, maintain, conduct, or otherwise suffer
or allow a public nuisance as defined in this Chapter to exist.
B.
It is
duty of every property owner, and person that controls any real property
or interest therein, within the City to remove, abate, and prevent
the reoccurrence of the public nuisance upon such real property. Such
duty of the property owner exists regardless of whether the property
owner is in actual possession of their real property, and includes
an obligation to act to evict or otherwise remove an illegal cannabis
operation who illegally exists or creates a public nuisance upon the
property owner's real property.
(Ord. 2005 § 4, 2019)
