Prior ordinance history: Ords. 944 and 964.
The purpose and intent of this chapter is to permit commercial medicinal and adult-use cannabis businesses to operate in certain areas of the city, as designated in Title
9 (Planning and Zoning) of this code, provided that the applicant: (1) obtains a commercial cannabis conditional use permit pursuant to Chapter 9.09.290 (Commercial cannabis activities) of this code, a commercial cannabis regulatory permit pursuant to this chapter, a city business license, and a certificate of occupancy; (2) registers the commercial cannabis business pursuant to Chapter
3.28 (Commercial cannabis activity tax) of this code; and (3) obtains the appropriate commercial cannabis state license issued by the Bureau of Cannabis Control pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act and its implementing regulations adopted by the Bureau of Cannabis Control (16 Cal.
Code of Regulations Section 5000 et seq.) (collectively "State Cannabis Regulations"), a seller's permit issued by the California Department of Tax and Fee Administration, and all other relevant and necessary regulatory permits, licenses and regulations within the purview of the California Department of Food and Agriculture, the California Department of Public Health and any other relevant state agencies.
(Ord. 971 § 2, 2020)
The definitions set forth in Section 5000 (Definitions) of Article
1 (Division Definitions) of the Bureau of Cannabis Control Regulations
are hereby incorporated by reference as though set forth at length
herein and they shall be relied upon for purposes of administering,
applying and interpreting the provisions of this chapter.
(Ord. 971 § 2, 2020)
A commercial cannabis regulatory permit shall be required in
order to conduct or operate, within certain designated zoning districts
of the city, the following types of commercial medicinal and/or adult-use
cannabis activities:
E. Cannabis
distribution centers;
F. Cannabis
microbusinesses.
(Ord. 971 § 2, 2020)
Eligible applicants include any of the entities eligible to
apply for a commercial cannabis state license issued by the Bureau
of Cannabis Control pursuant to the State Cannabis Regulations.
(Ord. 971 § 2, 2020)
Eligible applicants may apply for a commercial cannabis regulatory
permit under this chapter, pursuant to the administrative procedures
duly adopted and implemented by the city manager or designee.
(Ord. 971 § 2, 2020)
An applicant shall submit documentary evidence that the applicant
has the right to occupy the premises for purposes of conducting a
commercial cannabis business. Such evidence may include the following:
A. If an
applicant is not the record owner of the real property upon which
the premises of the proposed commercial cannabis business is located,
the applicant shall submit a document from the landowner or the landowner's
agent, such as a signed rental agreement or lease or other legally
binding document or instrument, that states that the applicant has
the right to occupy the subject property or premises and acknowledges
that the applicant may use the subject premises for the business for
which the applicant is applying for a commercial cannabis regulatory
permit, that includes the applicant's, the owner's (if different that
the applicant) and the property owner's or the property owner's agent's
notarized signatures.
B. If an
applicant is the record of the real property upon which the premises
is located, the applicant shall submit with the application a copy
of the title, deed or title policy or title report applicable to the
subject property, that demonstrates there are no agreements, restrictive
easements or conditions, covenants or restrictions prohibiting the
use of the subject property or subject premises for commercial cannabis
activities.
(Ord. 971 § 2, 2020)
An applicant shall pay the following fees:
A. An application
processing fee in an amount set by resolution of the city council;
B. An annual
regulatory fee in an amount set by resolution of the city council;
C. An annual
community benefits fee in an amount set by resolution of the city
council; and
D. Any
other fees for any additional services that must be provided by the
city or charged to the city by another agency with regulatory authority
that are not encompassed in any of the above fees.
Upon denial or withdrawal of an application or abandonment due
to an incomplete application, the applicant shall be entitled to a
refund for only the annual regulatory fee and community benefits fee,
less any costs incurred by the city in processing the applications
not sufficiently covered by any other fees paid by the applicant.
|
(Ord. 971 § 2, 2020)
An application for a commercial cannabis regulatory permit may
be denied for the following reasons:
A. Same
reasons that a state license may be denied by the Bureau of Cannabis
Control under the State's Cannabis Regulations, the California Department
of Food and Agriculture, the California Department of Public Health
and/or any other relevant state agencies.
B. The
city has been denied access to inspect the subject property and subject
premises.
C. The
applicant's premises diagram does not conform to the boundaries or
dimensions of the actual physical premises.
D. The
applicant loses the legal consent or permission of the record owner
of the subject property or premises to operate or conduct a commercial
cannabis business on the subject property or subject premises.
E. The
applicant's fee payments are rejected, denied or cancelled due to
insufficient funds or inadequate credit.
F. The
applicant has failed to pay any fees, taxes or fines owed to the city
or owes any outstanding civil debt to the city.
The applicant has any outstanding code violations pertaining
to any real property located within the city.
(Ord. 971 § 2, 2020)
A provisional cannabis regulatory permit may be approved provided
that the applicant provides adequate proof that the applicant will
meet all the requirements and operational standards required of the
proposed commercial cannabis activity's respective state license consistent
with the State Cannabis Regulations and all other applicable state
laws and regulations within the purview of the California Department
of Food and Agriculture, the California Department of Public Health
and any other relevant state agencies.
(Ord. 971 § 2, 2020)
A provisional commercial cannabis regulatory permit shall be deemed a final permit and become effective upon such time that the applicant: (1) obtains a commercial cannabis conditional use permit pursuant to Chapter 9.09.290 (Commercial cannabis activities) of this code, a city business license, and a certificate of occupancy;(2) registers the commercial cannabis business pursuant to Chapter
3.28 (Commercial Cannabis Activity Tax) of this code; and (3) obtains the appropriate commercial cannabis state license issued by the Bureau of Cannabis Control pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act and its implementing regulations adopted by the Bureau of Cannabis Control (16 Cal.
Code of Regulations Section 5000 et seq.) (collectively "State Cannabis Regulations"), a seller's permit issued by the California Department of Tax and Fee Administration, and all other relevant and necessary regulatory permits, licenses and regulations within the purview of the California Department of Food and Agriculture, the California Department of Public Health and any other relevant state agencies.
(Ord. 971 § 2, 2020)
A commercial cannabis regulatory permit, whether provisional
or final, shall require the permittee to defend, indemnify and hold
harmless the city and the city's elected and appointed officials,
commissioners, board members, officers, agents, consultants and employees
from any and all liabilities, demands, claims, actions or proceedings
and costs and expenses incidental thereto (including costs of defense,
settlement and reasonable attorneys' fees), which any or all of them
may suffer, incur, be responsible for or pay out as a result of or
in connection with any challenge to the legality, validity or adequacy
of any of the following items: (1) approval of the subject commercial
cannabis regulatory permit; (2) any prior agreements by and between
the city and permittee; (3) any concurrent and subsequent permits,
licenses and entitlements approved by the city related to the subject
business; (4) any environmental determination made by the city in
connection with the subject business; and (5) any proceedings or other
actions undertaken by the city in connection with the adoption, approval
or denial of any of the above.
(Ord. 971 § 2, 2020)
To remain effective, a commercial cannabis regulatory permit
must be renewed on an annual basis pursuant to the administrative
procedures duly adopted and implemented by the city manager or designee.
Such renewal may be summarily granted upon payment of any applicable
renewal application processing fee, the annual regulatory fee and
the annual community benefits fee in the amounts set by resolution
of the city council, in addition to any other fees for any additional
services that must be provided by the city or charged to the city
by another agency with regulatory authority that are not encompassed
in any of the above fees, and the permittee's state license remains
in good standing which shall mean that the permittee's annual state
license has not been suspended, revoked or expired.
(Ord. 971 § 2, 2020)
A commercial cannabis business shall provide the city manager
or designee with the name, phone number, facsimile number, and email
address of an on-site community relations contact, staff person or
other representative to whom the city can provide notice if there
are operating problems associated with the business or refer members
of the public who may have any concerns or complaints regarding the
operation of the business. A commercial cannabis business shall also
provide the above information to its business neighbors located within
100 feet of the business as measured in a straight line without regard
to intervening structures, between the front doors of each establishment.
(Ord. 971 § 2, 2020)
A permittee shall comply with all applicable operational standards
and requirements set forth in its state license, the State Cannabis
Regulations, all regulatory permits and licenses issued by the California
Department of Food and Agriculture, the California Department of Public
Health and any other relevant state agencies and the regulations within
their respective purviews, its conditional use permit and all applicable
zoning and regulations set forth in this code.
(Ord. 971 § 2, 2020)
For purposes of construing and enforcing the provisions of this
chapter, any act, omission, or failure of an agent, officer, representative,
or other person acting for or employed by a commercial cannabis business,
within the scope of his or her employment or office, shall in every
case be deemed the act, omission, or failure of the business.
(Ord. 971 § 2, 2020)
It shall be unlawful to operate a commercial cannabis business
in violation of any applicable provisions of this code, any specific,
additional operating procedures and measures as may be imposed as
conditions of approval of a commercial cannabis regulatory permit
and/or the entity's conditional use permit, any provisions of the
State Cannabis Regulations, any regulatory permits and licenses issued
by the California Department of Food and Agriculture, the California
Department of Public Health and any other relevant state agencies
and the regulations within their respective purviews, and/or due to
the suspension, revocation or expiration of the entity's temporary,
conditional or annual state license issued by the Bureau of Cannabis
Control.
(Ord. 971 § 2, 2020)
If any of the provisions set forth in this chapter conflict
with any conditions of approval or mandatory requirements contained
in any pre-existing commercial cannabis permits, including, without
limitation, a provisional of final regulatory permit or conditional
use permit, duly approved by the city prior to the effective date
of this chapter, the city manager or community development director
and their respective designees shall be authorized to administratively
waive, without prior planning commission or city council review and
approval, any condition of approval or mandatory requirement imposed
under the city's former commercial cannabis regulations that the city
manager or the community development director of their respective
designees in consultation with the city attorney determines has been
superseded by the provisions set forth in this chapter.
(Ord. 971 § 2, 2020)