The purpose and intent of this chapter is to comprehensively regulate cannabis within the city of Solvang, as authorized by state law.
(Ord. 18-332, 2018)
For purposes of this chapter, the following definitions apply:
Any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing or containing cannabis, or for ingesting, inhaling or otherwise introducing cannabis or cannabis products into the human body.
All parts of the plant Cannabis sativa L., Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include "industrial hemp" as defined by section 81000 of the Food and Agricultural Code or section 11018.5 of the Health and Safety Code. "Marijuana" and "cannabis" may be used interchangeably, but shall have the same meaning.
A facility or location, whether fixed or mobile, where cannabis or cannabis products are made available for sale, whether for medical purposes or otherwise.
Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
The cultivation, harvesting, manufacture, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis or cannabis products.
Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including the private cultivation of not more than six living cannabis plants when in compliance with the restrictions set forth at Health and Safety Code section 11362.2(a) and when located within a private residence or inside an accessory structure of a private residence located upon the grounds of a private residence that is fully enclosed and secure.
Any facility or location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.
The commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
The procurement, sale and transport of cannabis and cannabis products between parties to a transaction.
To compound, blend, extract, infuse or otherwise make or prepare a cannabis product.
A producer of clones, immature plants, seeds and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
Any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of same and soliciting or receiving an order for same.
To inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoke" and "smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.
A laboratory, facility or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility or entity.
(Ord. 18-332, 2018)
Medical cannabis dispensary allowed subject to the following regulations.
(Ord. 18-332, 2018)
A.
The purpose and intent of this chapter is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of medical cannabis and medical cannabis products for patients with valid physician's recommendations. This chapter does not apply to adult-use cannabis and adult-use cannabis products for adults 21 years of age and over.
B.
If medical cannabis dispensary, cultivation, manufacturing, testing, distribution, transportation, and delivery facilities were permitted to be established or if existing businesses were permitted to distribute, sell, cultivate, test, transport, or deliver medical cannabis, or manufacture medical cannabis products without appropriate regulation, such uses might be established in areas that would conflict with the requirements of the general plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare, or the operation of such facilities may be in conflict with applicable state law and regulations. The city council desires to enact reasonable regulations pertaining to medical cannabis dispensary, cultivation, manufacturing, testing, distribution, transportation, and delivery facilities to ensure that qualified patients and their primary caregivers are afforded safe and convenient access to medical cannabis, while at the same time ensuring that such uses do not conflict with the general plan, are not inconsistent with surrounding uses, and are not detrimental to the public health, safety and welfare, and the operation of such facilities is in compliance with applicable state law and regulations.
C.
Medical cannabis facilities shall be permitted, upon application and approval of a regulatory permit in accordance with the criteria and procedures set forth in this chapter.
D.
The provisions of this chapter shall be interpreted and applied consistent with all applicable state laws and regulations. To the extent any provision of this chapter conflicts with or contradicts any applicable state law or regulation, or establishes a criteria, procedure, standard, requirement, or regulation that does not meet the minimum standards of any applicable state law or regulation, the requirements of the applicable state law or regulation shall take precedence. To the extent any provision of this chapter imposes a criteria, procedure, standard, requirement, or regulation that is more restrictive than that imposed by any applicable state law or regulation, the more restrictive provisions of this chapter shall take precedence, unless otherwise prohibited by applicable state law or regulation. The city manager or designee shall make interpretations and determinations under this subsection for consistency with all applicable state laws and regulations, subject to the appeal procedures of section 5-4-3-29 herein.
E.
The provisions of this chapter shall be interpreted and applied to avoid conflict with any other provision of this chapter. The city manager or designee shall make interpretations under this chapter to avoid any such conflict. If the city manager or designee is unable to make a good faith interpretation to avoid any such conflict, the city manager or designee shall make a determination as to which conflicting provision shall take precedence and shall report such determination to the city council.
(Ord. 18-332, 2018)
A.
Facilities Permitted. Medical cannabis facilities permitted under this chapter include medical cannabis dispensary, cultivation, manufacturing, testing, distribution, and transportation facilities that are owned and operated by bona fide nonprofit organizations such as a cooperative or a collective, subject to the provisions of the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2004, the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, and any other state laws pertaining to dispensing, cultivating, manufacturing, testing, distributing, transporting, or delivering medical cannabis or medical cannabis products. Upon implementation of the licensing and regulatory scheme established by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) of 2017, and the phasing out of the existing statewide model of cannabis cooperatives and collectives as provided for thereunder, medical cannabis facilities permitted under this chapter shall be as authorized by that Act and regulations issued by the state thereunder.
B.
Licensing and Regulatory Requirements. Medical cannabis facilities permitted under this chapter shall comply with the licensing and regulatory requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) of 2017 as codified in California Business and Professions Code section 26000 et seq., and as may be amended from time to time, and regulations issued by the state pursuant thereto.
C.
State License. Medical cannabis facilities permitted under this chapter shall apply for and obtain the appropriate license issued by the state for the type of medical cannabis business for which a regulatory permit is issued under this chapter.
D.
Qualified Patient or Primary Caregiver. This chapter shall not apply to a qualified patient or primary caregiver who possesses, stores, or transports medical cannabis or medical cannabis products exclusively for his or her personal medical use, or for that of qualified patients of the primary caregiver, and who does not provide, donate, sell, or distribute medical cannabis or medical cannabis products to any other person or qualified patient.
E.
Uses Not Applicable. This chapter shall not apply to the following uses.
F. Cannabis. Customer. Manufactured Medical Cannabis. Medical Cannabis Cultivation Facility. Medical Cannabis Delivery. Medical Cannabis Dispensary. Medical Cannabis Distribution Facility. Medical Cannabis Manufacturing Facility. Medical Cannabis Testing Facility. Medical Cannabis Transporter. Physician's Recommendation. Premises. Primary Caregiver. Retail Sale.
Definitions.
A natural person 21 years of age or over who possesses a physician's recommendation for the use of medical cannabis or a primary caregiver.
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.
Any facility where medical cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, or any facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis. Cultivation as used in this chapter shall include both cultivation and nursery as those terms are defined in California Business and Professions Code section 26001(l) and (aj).
The commercial transfer of medical cannabis or medical cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer.
A facility authorized under this chapter where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale. As used in this chapter, the term "medical cannabis dispensary" also means "medical cannabis retailer" or "medical cannabis retail facility" and vice versa.
A facility used to facilitate the procurement, sale, and transport of medical cannabis or medical cannabis products between medical cannabis facilities and to customers as allowed under this chapter.
A facility that produces, prepares, propagates, or compounds manufactured medical cannabis, as defined in this subsection, or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or medical cannabis products or labels or relabels its container.
A facility that offers or performs tests of medical cannabis or medical cannabis products.
A person or entity that transports or transfers medical cannabis or medical cannabis products between medical cannabis facilities for the purposes of conducting commercial medical cannabis activity authorized pursuant to this chapter.
A recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code section 11362.5.
The designated structure or structures and land specified in the regulatory permit application that is owned, leased, or otherwise held under the control of the applicant or permit holder where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permit holder.
Has the same meaning as in California Health and Safety Code section 11362.7.
The sale and delivery of medical cannabis or medical cannabis products to customers.
(Ord. 18-332, 2018)
Words and phrases not specifically defined in this chapter shall have the meaning ascribed to them as defined in the following sources:
A.
The Compassionate Use Act of 1996; and
B.
The Medical Marijuana Program Act of 2004; and
C.
The California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008; and
D.
The consolidated provisions of the Medical Cannabis Regulation and Safety Act (MCRSA) and the Adult Use Marijuana Act (AUMA) (Proposition 64) known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) of 2017 (enacted by SB 94).
(Ord. 18-332, 2018)
A.
The issuance of a regulatory permit as required by this chapter shall be subject to the prior review and approval by the city manager.
B.
In addition to the requirements set forth in this chapter, as a condition of issuance of a regulatory permit as required by this chapter, the city manager may impose such additional terms and conditions on the issuance of the regulatory permit and the operation of the facility as the city manager deems appropriate.
C.
A development agreement and operations plan allowed by this chapter shall be subject to the review and approval of the city council prior to the issuance of a regulatory permit under this chapter.
D.
If the city manager or designee revokes a regulatory permit as allowed by this chapter, as soon thereafter as is reasonable under the circumstances, the city council shall be informed of such revocation and the city council shall review and approve such revocation. If the city council does not approve the revocation, the city manager or designee shall reinstate such regulatory permit upon such additional terms and conditions as the city council deems appropriate.
(Ord. 18-332, 2018)
A.
Prior to initiating operations and as a continuing requisite to operating a medical cannabis facility from a physical location within the city, the persons or legal representative of the persons wishing to operate a medical cannabis facility shall first obtain a regulatory permit from the city manager or designee under the terms and conditions set forth in this chapter.
B.
Each regulatory permit shall expire one year from its date of issuance. Renewal of regulatory permits shall be as provided for in section 5-4-3-12 herein.
C.
Regulatory permits are not transferable and any attempt to assign or transfer such permits shall render the permit null and void.
D.
The number of each type of medical cannabis facility permitted in the city may be limited or restricted by resolution of the city council.
E.
Applications for the required regulatory permit may be submitted during those applications periods as may be designated from time to time by the city manager or designee. Each application submitted and deemed complete by the city during the application period will be evaluated and processed in accordance with application regulations and procedures adopted pursuant to section 5-4-3-31 herein.
F.
Except as provided for in subsection G of this section, the holder of a regulatory permit may apply for and be issued a regulatory permit for more than one type of medical cannabis facility; provided the permitted premises are separate and distinct.
G.
The holder of a regulatory permit for a testing facility shall not hold a regulatory permit for any other medical cannabis facility for which a regulatory permit is required under this chapter, shall not own or have ownership interest in such a facility, and shall not employ an individual who is also employed by any other permittee that does not hold a testing facility regulatory permit.
H.
The legal representative of the regulatory permit applicant shall file an application for a regulatory permit with the city manager or designee upon forms provided by the city and shall pay an "application fee" and a"processing fee" as required by this chapter and as established by resolution adopted by the city council as amended from time to time. A separate application shall be made for each type of medical cannabis facility, i.e., dispensary, cultivation, manufacturing, testing, or distribution facility, for each license classification specified in California Business and Professions Code section 26050; and for each location at which a medical cannabis facility will operate. An application for a regulatory permit for each type of medical cannabis facility shall include, but shall not be limited to, the following information:
1.
The legal name, and any other names, under which the facility will operate.
2.
The address of the location and the on-site telephone number, if known, of the medical cannabis facility.
3.
The following information for each owner (defined as any person having an economic interest in the medical cannabis facility and/or real property holding company upon which the medical cannabis business is operating), officer, director, and manager of the medical cannabis facility:
a.
Complete legal name and any alias(es), address, and telephone number;
b.
Date and place of birth;
c.
Copy of a valid state or federal government issued photo identification card or license;
d.
If required, copy of the owner's and manager's medical cannabis identification card or copy of the attending physician's recommendation for each owner and manager;
e.
Applicant's seller's permit number or indication that the applicant is currently applying for a seller's permit;
f.
A list of all criminal convictions, other than infractions for traffic violations, the jurisdiction of the conviction(s) and the circumstances thereof;
g.
One set of fingerprints in a form acceptable to the chief law enforcement officer;
h.
A detailed explanation of the owner's or manager's involvement with any other cannabis facility, including, but not limited to, the name and address of the cannabis facility; the capacity in which the owner or manager is or was involved with the cannabis facility; whether the cannabis facility is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit; whether the owner or manager or the cannabis facility with which the owner or manager is or was associated has ever been denied or is in the process of being denied registration, a permit, a license or any other authorization required to operate a cannabis facility in any other city, county or state; and whether the owner or manager or the cannabis facility with which the owner or manager is or was associated has ever had a registration, license, permit or any other authorization required to operate a cannabis facility in any other city, county or state, suspended or revoked, and the reasons therefor; and
i.
A detailed explanation of the owner's or manager's involvement with any other retail business in the city of Solvang, including, but not limited to, the name and address of such business; the type of business; the capacity in which the owner or manager is or was involved with the business; whether the business is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit; whether an owner or manager of the business with which the owner or manager is or was associated has ever been denied, or is in the process of being denied registration, a permit, a license or any other authorization required to operate a business requiring licensing through the state of California in any other city, county or state; and whether an owner or manager of the business with which the owner or manager is or was associated has ever had a registration, license, permit or any other authorization required to operate a business that requires a license in the state of California, or any other city, county or state, suspended or revoked, and the reasons therefor.
4.
An operations plan which shall be in conformance with the requirements of this chapter and shall include, at a minimum:
a.
A list of the names, addresses, telephone numbers, and responsibilities of each owner and manager of the facility.
b.
The hours and days of operation for the facility.
c.
For medical cannabis dispensary applications only, whether delivery service of medical cannabis to any location outside the medical cannabis facility will be provided and the extent of such service.
d.
A site plan and floor plan of the facility denoting the layout of all areas of the medical cannabis facility, including, as applicable, storage/warehousing, cultivation, nursery, reception/waiting, dispensing, manufacturing, testing, distribution, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses.
e.
A security plan, including lighting, alarms, fencing, and video cameras, to ensure the safety of persons, and to protect the premises from theft, vandalism, and fire. The security plan shall address both interior and exterior areas of the facility and its premises.
f.
The medical cannabis cultivation and manufacturing procedures to be utilized at the facility, including, as applicable, a description of how chemicals and fertilizers will be stored, handled, and used; extraction and infusion methods; the transportation process; inventory procedures; track and trace program and procedures; quality control procedures; and testing procedures.
g.
Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess medical cannabis product.
h.
Procedures for inventory control to prevent diversion of medical cannabis to nonmedical use, employee screening, storage of medical cannabis, personnel policies, and recordkeeping procedures.
i.
An odor management plan detailing steps that will be taken to ensure that the odor of medical cannabis will not emanate beyond the exterior walls of the facility, including as necessary the installation and use of air purification systems and/or air scrubbers.
j.
For medical cannabis distribution and transportation facilities and distributors and transporters only, procedures for transporting medical cannabis and medical cannabis products from cultivation and manufacturing facilities to the distribution center, quality assurance and inspection by the distributor, transportation to and from a medical cannabis testing facility, and distribution and transportation to a medical cannabis dispensary.
k.
For medical cannabis testing facilities only, procedures for testing medical cannabis and medical cannabis products for concentration, pesticides, mold, other contaminants, and purity.
l.
If the medical cannabis cultivation, manufacturing, or dispensary facility will include on-site testing facilities, describe proposed testing procedures and processes.
m.
Policies and procedures for adopting, monitoring, implementing, and enforcing all requirements of this chapter.
5.
The name and address of the owner and lessor of the premises and a copy of the lease or other such proof of the legal right to occupy and use the premises and a statement from the owner or agent of the owner of the real property where the facility will be located demonstrating the landowner has acknowledged and consented to permit dispensary, cultivation, distribution, manufacturing, or transportation activities to be conducted on the property by the applicant.
6.
The name and account number of all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the facility.
7.
Provide evidence that the proposed location is located beyond at least a 1,000 foot radius from a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the regulatory permit is issued.
8.
Authorization for the city manager or designee to seek verification of the information contained within the application, including, but not limited to, a criminal history investigation by the chief of police with the California Department of Justice and any other law enforcement agencies.
9.
Until such time as the licensing regulations promulgated under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) are implemented and become operative, evidence that the organization operating the medical cannabis facility is organized as a bona fide nonprofit cooperative, affiliation, association, or collective of persons comprised exclusively and entirely of qualified patients and the primary caregivers of those patients in strict accordance with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2004, and the 2008 Attorney General Guidelines. This subsection shall become inoperable after said state licensing regulations are implemented and become operative.
10.
A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is complete, true and accurate.
11.
Any such additional and further information as is deemed necessary by the city manager or designee to administer this section or to show that the medical cannabis facility and its ownership and operation is in compliance with the provisions of this chapter.
(Ord. 18-332, 2018)
All applicants for a regulatory permit for a medical cannabis facility, including any owner or manager responsible for the day-to-day operations and activities of the medical cannabis facility, and every employee or individual member of the medical cannabis facility who participates in the dispensing, cultivation, processing, manufacturing, distributing, testing, transporting, or delivery of medical cannabis or who participates in the daily operations of the medical cannabis facility shall be required to submit to a fingerprint-based criminal history records check conducted by the city law enforcement department.
(Ord. 18-332, 2018)
A.
The city manager or designee may reject an application upon making any of the following findings:
1.
The applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2.
Until such time as the licensing regulations promulgated under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) are implemented and become operative, the medical cannabis facility's related cooperative or collective, if applicable, is not properly organized in strict compliance pursuant to the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2004, the 2008 Attorney General Guidelines and any other applicable law, rules and regulations. This subsection shall become inoperable after said state licensing regulations are implemented and become operative;
3.
If applicable, the applicant is not a primary caregiver or qualified patient or the legal representative of the medical cannabis facility;
4.
The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter;
5.
The medical cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
6.
The applicant, or any of its officers, directors, owners, managers, or employees is under 21 years of age;
7.
The applicant, or any of its officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the medical cannabis facility, or any employee who participates in the dispensing, cultivation, processing, manufacturing, delivery, transporting, distribution, or testing of medical cannabis or medical cannabis products, or who participates in the daily operations of the medical cannabis facility, has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the city manager or designee determines that the applicant, owner, or permittee is otherwise suitable to be issued a regulatory permit, and granting the regulatory permit would not compromise public safety, the city manager or designee shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, owner, or permittee and shall evaluate the suitability of the applicant, owner, or permittee to be issued a regulatory permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the city manager or designee shall include, but not be limited to, those offenses and convictions set forth in California Business and Professions Code section 26057(b)(4)(A) through (E), as said code may be amended from time to time. Except as provided in section 26057(b)(5) of said code, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is not considered substantially related, and shall not be the sole ground for denial of a regulatory permit. The foregoing notwithstanding, conviction for any controlled substance felony subsequent to issuance of a regulatory permit shall, however, be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit;
8.
The applicant, or any of its officers, directors, owners, or managers, is a licensed physician making patient recommendations for medical cannabis;
9.
The applicant, or any of its officers, directors, owners, or managers has been sanctioned by the city, the state of California, or any city or county for unauthorized cannabis activities or has had a registration, license, or regulatory permit revoked under this chapter in the previous three years immediately preceding the date the application is filed with the city;
B.
The city manager or designee may place reasonable conditions upon registration if grounds exist for denial of the registration and those grounds may be removed by the imposition of those conditions.
(Ord. 18-332, 2018)
A.
Prior to operating in the city, the operator of each medical cannabis facility shall timely and fully pay all fees associated with the registration of that facility. The fees shall be as set forth in the schedule of fees and charges established by resolution of the city council, including, but not limited to, the following:
1.
Application fee for accepting a registration application; due and payable in full at the time a registration application is submitted;
2.
Processing fee for the cost to the city of processing a registration application and reviewing, investigating, and evaluating each application in accordance with the application regulations and procedures adopted pursuant to section 5-4-3-31 herein to determine eligibility for issuance of a regulatory permit; due and payable in full at the time a registration application is submitted;
3.
Permit issuance fee for the cost to the city of preparing a development agreement, city council review and approval of the development agreement and the regulatory permit, and preparation and issuance of the regulatory permit as authorized by the city council, due and payable in full at the time the city issues a regulatory permit;
4.
Annual operating fee for the cost to the city of operating a medical cannabis regulatory program; due and payable in full at the time the city issues a regulatory permit;
5.
Amended registration fee for the cost to the city of reviewing amendments or changes to the registration form previously filed on behalf of the medical cannabis facility; due and payable in full at the time amendments or changes to a registration form are submitted to the city;
6.
Regulatory permit renewal fee for the cost to the city of processing an application to renew a regulatory permit; due and payable in full at the time application is made to renew a regulatory permit; and
7.
Any fees for inspection or investigation that are not included within the other fees associated with registration; due and payable in full upon request of the city.
(Ord. 18-332, 2018)
Prior to operating in the city and as a condition of issuance of a regulatory permit, the operator of each medical cannabis facility may, but is not required, to enter into a development agreement with the city setting forth the terms and conditions under which the medical cannabis facility will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare.
(Ord. 18-332, 2018)
In the event a medical cannabis facility that receives a regulatory permit ceases to operate for any reason, the city manager or designee shall consider the next qualified applicant on the waiting list, if such a waiting list has been established and, at the discretion of the city manager, provide an opportunity for new applicants to be considered for a permit.
(Ord. 18-332, 2018)
A.
Any time the dispensing, cultivation, manufacturing, testing, distribution, or transportation facility location specified in the regulatory permit is changed, the applicant shall re-register with the city manager. The process and the fees for re-registration shall be the same as the process and fees set forth for registration in sections 5-4-3-5 and 5-4-3-8 herein.
B.
Within 15 calendar days of any other change in the information provided in the registration form or any change in status of compliance with the provisions of this chapter, including any change in the medical cannabis facility's ownership or management members, the applicant shall file an updated registration form with the city manager for review along with a registration amendment fee, as set forth in section 5-4-3-8 herein.
(Ord. 18-332, 2018)
A.
The renewal or revocation of a regulatory permit under this chapter shall be subject to the prior review and approval by the city manager or designee. Any action taken by the city manager or designee pursuant hereto may be appealed to the city council in accordance with the appeal procedures of section 5-4-3-29 herein.
B.
No regulatory permit issued under this chapter may be renewed by the city manager or designee unless:
1.
A new registration form has been filed with the city manager as set forth in section 5-4-3-5 herein a minimum of 60 days prior to the expiration date of the regulatory permit;
2.
The annual renewal registration fee, as set forth in section 5-4-3-8 herein, has been paid to the city; and
3.
The medical cannabis facility and its owners and managers all meet the requirements of this chapter for registration.
C.
As a condition of renewing a regulatory permit under this chapter, the city manager or designee may impose such additional terms and conditions on the renewal of the regulatory permit and the operation of the facility as the city manager or designee deems appropriate.
D.
The city manager or designee may elect not to renew a regulatory permit issued under this chapter if:
1.
The medical cannabis facility and its owners and managers have not complied at all times with all the requirements for registration as set forth in this chapter;
2.
Any of the conditions or circumstances of section 5-4-3-7(A) or 5-4-3-28(D), singularly or in combination, have occurred; or
3.
The city manager or designee is aware of any other facts or circumstances which indicate that renewal of the regulatory permit will be detrimental to the health, safety, or welfare of the residents of the city.
E.
The city manager or designee may revoke a regulatory permit issued under this chapter, upon such notice as deemed appropriate by the city manager or designee, if:
1.
The medical cannabis facility and its owners and managers have not complied at all times with all the requirements for registration as set forth in this chapter;
2.
Any of the conditions or circumstances of section 5-4-3-7(A) or 5-4-3-28(D), singularly or in combination, have occurred; or
3.
The city manager or designee is aware of any other facts or circumstances which indicate that continued operation of the medical cannabis facility will be detrimental to the health, safety, or welfare of the residents of the city.
(Ord. 18-332, 2018)
A.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any regulatory permit pursuant to this chapter or the operation of any medical cannabis facility approved pursuant to this chapter.
B.
As a condition of approval of a regulatory permit as provided in this chapter, the applicant or its legal representative shall:
1.
Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the medical cannabis facility or the prosecution of the medical cannabis facility or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws;
2.
Maintain insurance in the amounts and of the types that are acceptable to the city manager or designee;
3.
Name the city as an additionally insured on all city required insurance policies;
4.
Agree to defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a regulatory permit; and
5.
Agree to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of a regulatory permit. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
(Ord. 18-332, 2018)
Based on the information set forth in the application, the city manager or designee may impose reasonable terms and conditions on the proposed operations of the medical cannabis facility in addition to those specified in this chapter.
(Ord. 18-332, 2018)
Except as provided in a development agreement approved by the city council there are no Sign Code exemptions allowed to a medical cannabis facility.
(Ord. 18-332, 2018)
A.
A medical cannabis facility may be located only in a C-3 Zoning District.
B.
A permitted medical cannabis facility shall operate at a single location only. At the discretion of the city manager or designee, multiple buildings on the same or adjacent site may be considered a single medical cannabis facility operating at a single location.
C.
No medical cannabis facility shall be located within 1,000 feet of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the regulatory permit is first issued, measured in a straight line from the nearest property line of the school, day care center, or youth center to the closest property line of the lot on which the medical cannabis is located without regard to intervening structures. For purposes of this subsection, school, day care center, or youth center does not include any private school, home study program, day care center, or youth center in which such programs or services are primarily conducted in private homes.
D.
No person under the age of 21 shall be allowed in any medical cannabis facility or at its location.
E.
All medical cannabis cultivation shall be conducted only in the interior of enclosed structures, facilities and buildings, and all cultivation operations including all cannabis plants at any stage of growth shall not be visible from the exterior of any structure, facility or building containing the cultivation of medical cannabis.
(Ord. 18-332, 2018)
A.
Medical cannabis shall be sold, transferred, dispensed, or otherwise distributed to customers only from a licensed retail premises which is a physical location from which commercial cannabis activities are conducted. No sales, transfers, dispensing, or distribution of any kind to the public or customers shall be from a cultivation, manufacturing, distribution, transportation, or testing facility; except as may otherwise be allowed under section 5-4-3-20 herein.
B.
A medical cannabis dispensary or retail facility may be closed to the public. A dispensary or retailer may conduct sales exclusively by delivery.
C.
Medical cannabis dispensaries or retailers shall sell, transfer, dispense, or otherwise distribute medical cannabis only to customers authorized to purchase, receive, or possess medical cannabis or medical cannabis products.
D.
Medical cannabis sales, transfers, dispensing, or distribution to customers shall only occur inside the premises of the medical cannabis dispensary or retail facility. The foregoing notwithstanding, delivery services may be provided by the medical cannabis dispensary or retail facility as provided for in section 5-4-3-18 herein.
E.
Until such time as state licenses are required pursuant to California Business and Professions Code section 26050 et seq., no medical cannabis shall be provided to any persons other than the individual cooperative or collective members of the medical cannabis dispensary of which the qualified patient or primary caregiver is a member, or to such other individual or entity authorized to purchase, receive, or possess medical cannabis or medical cannabis products from a medical cannabis dispensary or retail facility.
F.
No medical cannabis provided to a primary caregiver may be provided by the primary caregiver to any person other than the primary caregiver's qualified patient for whose care the primary caregiver is responsible.
G.
No medical cannabis shall be provided to any customer more than once per day.
H.
Until such time as state licenses are required pursuant to California Business and Professions Code section 26050 et seq., no cooperative or collective shall allow more medical cannabis or plants per member, other than the amounts permitted pursuant to state law, to be stored, provided, or cultivated at the collective's premises and/or location. This subsection shall become inoperable after said state licensing regulations are implemented and become operative.
(Ord. 18-332, 2018)
A.
A medical cannabis dispensary or retailer may operate a delivery service subject to the requirements of California Business and Professions Code section 26090.
B.
Medical cannabis deliveries to customers shall only be made by and from a state-licensed retailer.
C.
Medical cannabis deliveries to customers shall only be during the normal operating hours of the medical cannabis dispensary or retailer during which it is open to customers.
D.
A list of the names and cellular telephone contact numbers for all employees of a medical cannabis dispensary or retailer delivering medical cannabis or medical cannabis products shall be provided to the city law enforcement department. Such list shall at all times be kept current and up to date.
(Ord. 18-332, 2018)
A.
A medical cannabis testing facility holding a regulatory permit issued under this chapter shall have adopted a standard operating procedure using methods consistent with general requirements for the competence of testing and calibration activities, including sampling and using verified methods.
B.
A medical cannabis testing facility shall obtain and maintain ISO/IEC 17025 accreditation and hold a valid state-issued testing laboratory license.
D.
A medical cannabis cultivation, manufacturing, or dispensing facility may perform on-site testing for the purposes of quality assurance. Such on-site testing is not in lieu of the testing otherwise required under this section, any such on-site testing facility need not be licensed by the state, and on-site testing by the permittee does not exempt the permittee from the testing requirements of California Business and Professions Code sections 26100 through 26106.
(Ord. 18-332, 2018)
A.
Medical cannabis and medical cannabis products shall be transported only between permitted medical cannabis facilities. The transportation of medical cannabis and medical cannabis products shall only be conducted by a person or entity holding a state-issued distribution license.
B.
Notwithstanding subsection A of this section and sections 5-4-3-17 and 5-4-3-18 herein, a medical cannabis distribution facility may make a retail sale or delivery to a customer who does not reside in the city, who does not have a residential or business address in the city, and where the transfer or delivery of medical cannabis or medical cannabis product is not made to an address or location within the city, without holding a dispensary regulatory permit issued under this chapter. Such facility shall, however, hold a state-issued retail or other license as required by state law. A distribution facility making such retail sale and/or delivery to a customer shall not be open to the public; shall not provide, make, or offer to provide or make any on-site sale, distribution, or delivery to a customer; shall not have any on-site public display of medical cannabis or medical cannabis products; shall not make any retail sale or delivery of medical cannabis or medical cannabis products to a customer who resides in the city or who has a residential or business address in the city; and shall make no transfer or delivery to a customer of any medical cannabis or medical cannabis product to an address or location within the city.
C.
A medical cannabis distribution facility making a retail sale or delivery to a customer as allowed pursuant to subsection B of this section shall be subject to the provisions of sections 5-4-3-17 and 5-4-3-18 herein as related to such retail sale or delivery to the extent such provisions are not inconsistent with the provisions of this section.
D.
A medical cannabis distributor requires a regulatory permit for each physical location in the city where the distributor conducts business. A distributor providing transportation between permitted medical cannabis facilities or delivery to customers shall have a regulatory permit for each location where transportation equipment, while not in transport, or any equipment that is not currently transporting medical cannabis or medical cannabis products, permanently resides. If the medical cannabis distributor is not required to hold a regulatory permit from the city because it does not have such a physical location in the city, it shall hold a distribution permit or license issued by another jurisdiction.
E.
All medical cannabis cultivation and manufacturing facilities permitted under this chapter shall send all medical cannabis and medical cannabis products to a state licensed distributor for quality assurance and inspection by the distributor and batch testing by a state licensed testing laboratory prior to distribution to a dispensary or the retail sale and delivery to a customer by a distributor as may be allowed under subsection B of this section.
F.
A medical cannabis distributor shall comply with the electronic shipping manifest, quality assurance and inspection, and other requirements and procedures set forth in California Business and Professions Code sections 26050 through 26059, "Licensing," 26070 through 26070.5, "Retailers and Distributors," 26080, "Distribution and Transport," and 26110, "Quality Assurance, Inspection, and Testing," and other applicable state law and regulations.
G.
A medical cannabis cultivation or manufacturing facility is not required to sell medical cannabis or medical cannabis products to a distributor and may directly contract for sale with a medical cannabis licensee authorized to sell medical cannabis and medical cannabis products to purchasers. The distributor performing services pursuant hereto may collect a fee from the licensee for the services provided, including, but not limited to, costs incurred for laboratory testing as well as applicable state or local taxes and fees.
(Ord. 18-332, 2018)
A.
Prior to delivery or sale at a medical cannabis dispensary or other authorized retailer, medical cannabis and medical cannabis products shall be packaged and labeled as required by California Business and Professions Code sections 26120 and 26121 and applicable requirements and regulations issued by the state pursuant thereto.
B.
If edible medical cannabis products are present on site or offered for distribution or sale at a medical cannabis dispensary facility, the medical cannabis dispensary facility shall first secure any approval from the County of Santa Barbara Health Department required for handling food products.
C.
Edible products distributed or sold by any medical cannabis facility shall not be produced, manufactured, stored, or packaged in private homes.
D.
All edible medical cannabis products shall be individually wrapped at the original point of preparation.
(Ord. 18-332, 2018)
A.
No cooperative or collective operating a medical cannabis facility shall operate for profit, except as otherwise allowed by state law. Cash and in-kind contributions, reimbursements, and reasonable compensation provided by members towards the association's actual expenses for the growth, cultivation, and provision of medical cannabis shall be allowed; provided, that they are in strict compliance with state law. All such cash and in-kind amounts and items shall be fully documented in accordance with section 5-4-3-24 herein. This subsection shall become inoperable after state licensing regulations promulgated under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) are implemented and become operative.
B.
Medical cannabis dispensary or retail facilities may only be open to customers between the hours of nine (9:00) a.m. and seven (7:00) p.m. and may operate as many as seven days per week. Medical cannabis cultivation, manufacturing, distribution, and dispensary facilities shall not otherwise be open to the public.
C.
The sale, dispensing, or consumption of alcoholic beverages on or about the medical cannabis facility or in the parking area for the facility is prohibited.
D.
Medical cannabis may not be inhaled, smoked, eaten, ingested, vaped, or otherwise used or consumed on the premises or in the parking areas of the premises.
E.
The loitering by persons outside the facility, either on the premises or within 100 feet of the premises, is prohibited.
F.
Customers purchasing or otherwise receiving medical cannabis or medical cannabis products from a medical cannabis dispensary or medical cannabis distribution facility as allowed under this chapter shall sign an agreement with the facility that states that the person purchasing or otherwise receiving medical cannabis or medical cannabis products shall not sell, transfer, or otherwise distribute medical cannabis or medical cannabis products to any person other than a qualified patient, primary caregiver, or other individual or entity authorized to purchase, receive, or possess medical cannabis or medical cannabis products, and shall not use medical cannabis or medical cannabis products for other than medicinal purposes.
G.
The medical cannabis dispensary shall not sell, transfer, or otherwise distribute medical cannabis to any person violating any provision of this chapter.
H.
A copy of the regulatory permit issued by the city and any licenses or certifications issued by the state of California, and any conditions thereof, shall be posted on the premises in a prominent place, readily viewable by any member of the general public.
I.
Consistent with the "Memorandum for all United States Attorneys," issued by the U.S. Department of Justice, from James M. Cole, Deputy Attorney General (known as the "Cole Memo"), the medical cannabis facility shall take all necessary and reasonable steps to prevent:
1.
The distribution of cannabis to minors;
2.
Revenue from the sale or distribution of cannabis from going to criminal enterprises, gangs and cartels;
3.
The diversion of cannabis from California to any other state;
4.
State-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
5.
Violence and the use of firearms in the cultivation, manufacture, and distribution of cannabis;
6.
Drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use;
7.
Growing of cannabis on public lands and the attendant public safety and environmental dangers posed by cannabis production on public lands; and
8.
Preventing cannabis possession or use on federal property.
Any violation of this provision may result in the immediate suspension of any permit authorized under this chapter, and pending investigation and a hearing, may result in revocation of the permit at the election of the city manager or designee. |
(Ord. 18-332, 2018)
A.
Each medical cannabis facility shall operate in a manner such that the cultivation, manufacture, testing, distribution, dispensing, delivery, or transporting of medical cannabis or medical cannabis products does not adversely affect the health or safety of nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts.
B.
The cultivation, manufacture, testing, distribution, dispensing, delivery, and transporting of medical cannabis or medical cannabis products shall not create hazards due to the use or storage of materials, processes, products, chemicals, fertilizers, or wastes.
C.
The interior and exterior of the medical cannabis facility, including driveways, sidewalks, parking strips, fire access roads and streets on or adjacent to the premises shall be kept in a clean and safe condition.
D.
Exterior lighting on the premises and location shall ensure the safety of the public and the members and employees of the facility while not disturbing surrounding residential or commercial areas.
(Ord. 18-332, 2018)
A.
Medical cannabis facilities shall maintain accurate records of medical cannabis activity and an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all medical cannabis products throughout the distribution chain until purchase by or distribution to a customer. The records management and inventory control and reporting systems shall comply with the records management requirements of California Business and Professions Code sections 26160 through 26162.5 and the track and trace program requirements of California Business and Professions Code sections 26067 through 26069.9, and regulations issued pursuant thereto.
B.
Medical cannabis facilities shall have an electronic point of sale system that produces historical transactional data for review by the city manager or designee for compliance and auditing purposes.
C.
Each medical cannabis facility shall maintain at the premises all records and documents required by applicable state law or regulation. Each medical cannabis facility shall also maintain at the premises the following information and records:
1.
The name, address, and telephone number(s) of the owner, landlord and/or lessee of the location;
2.
The following information concerning each customer to whom medical cannabis is dispensed through a permitted medical cannabis dispensary or from a permitted medical cannabis distribution facility as allowed under this chapter:
a.
Name, address, telephone number, and a confidential member number unique to that individual which is used solely for the log identified in subsection (C)(9) of this section;
b.
A copy of a valid government issued photo identification card or license; and
c.
A copy of the qualified patient's identification card or the attending physician's recommendation for the patient;
3.
The name, address, and telephone number of each primary caregiver to whom medical cannabis is dispensed through a permitted medical cannabis dispensary or from a permitted medical cannabis distribution facility as allowed under this chapter, along with a copy of the written documentation provided by each qualified patient designating the caregiver as his or her primary caregiver;
4.
The name, business address, and telephone number of each attending physician who provided a physician's recommendation to any qualified patient to whom medical cannabis is dispensed through a permitted medical cannabis dispensary or from a permitted medical cannabis distribution facility as allowed under this chapter;
5.
The records of all qualified patients with a valid identification card and primary caregivers with a valid identification card may be maintained by the medical cannabis dispensary or medical cannabis distribution facility, as the case may be, using only the identification card number issued by the state pursuant to California Health and Safety Code section 11362.7 et seq., in lieu of the information required by subsections (C)(2)(a through (C)(2)(c), (C)(3), and (C)(4) of this section;
6.
Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the medical cannabis facility or medical cannabis distribution facility, as the case may be, or received by the city through its audit, inspection, and compliance enforcement activities authorized pursuant to this chapter, including any such information contained in a physician's recommendation, are confidential and shall not be disclosed pursuant to the California Public Records Act, California Government Code sections 6250 through 6276.48, except as necessary for authorized employees of the city to perform official duties pursuant to this chapter or as otherwise required by law; and such information shall be maintained in accordance with California Health and Safety Code sections 123100 et seq., and California Civil Code sections 56 through 56.37;
7.
Up-to-date information for all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the medical cannabis facility;
8.
Complete and up-to-date records regarding the amount of medical cannabis cultivated, produced, manufactured, harvested, stored, distributed, delivered, packaged, or sold at each medical cannabis facility;
9.
Until such time as state regulations are implemented under the track and trace program required by California Business and Professions Code Sections 26067 and 26068, complete and up-to-date records regarding medical cannabis transfers throughout the distribution chain from cultivation, to manufacturing, to testing, to distribution, and to its dispensing location, including the date and time of the transfer; the name and address of the cultivation and manufacturing facility, the name and address of the testing facility, and the name and address of the supplier or distributor if different from the cultivation or manufacturing facility; the amount, form, type, batch and lot number of cannabis transferred; the time of departure from the cultivation, manufacturing, testing, distribution, or transportation facility; the time of arrival at the distribution, testing, or dispensing location; the names of the employees transporting the product; and the name of the employee who received the product at the distribution, transportation, or dispensing location;
10.
All receipts of the medical cannabis facility, including, but not limited to, all contributions and all expenditures incurred by the medical cannabis facility for the cultivation, manufacture, distribution, testing, dispensing, transportation, delivery, and sale of medical cannabis;
12.
Proof of completed registration with the city manager in conformance with this chapter;
13.
Records demonstrating compliance with local, state, and federal rules and regulations regarding reporting and taxation of income received; and
14.
All medical cannabis facilities shall perform an inventory on the first business day of each month and shall record the total quantity of each form of cannabis on the premises.
D.
All records required by this section shall be maintained by the medical cannabis facility for a minimum period of seven years and shall be made available to the city manager and any city official charged with enforcing the provisions of this chapter upon request.
(Ord. 18-332, 2018)
No later than February 15th of every year, each medical cannabis facility shall file with the city manager an audit of its financial operations for the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to this chapter. The information contained in the audit shall be made available to the city manager in standard electronic format as designated by the city manager.
(Ord. 18-332, 2018)
A.
Each medical cannabis facility shall provide the city manager or designee with the name, telephone number, and email address of an on-site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the medical cannabis facility or refer members of the public who may have any concerns or complaints regarding the operation of the medical cannabis facility. Each medical cannabis facility shall also provide the above information to all businesses and residences located within 100 feet of the medical cannabis facility.
B.
During the first year of operation of a medical cannabis facility authorized under this chapter, the owner, manager, and community relations representative from each such medical cannabis facility shall attend a quarterly meeting with the city manager and/or designee to discuss costs, benefits and other community issues arising as a result of implementation of the medical cannabis regulatory permit program authorized by this chapter. After the first year of operation, the owner, manager, and community relations representative from each such medical cannabis facility shall meet with the city manager and/or designee when and as requested by the city manager or designee.
(Ord. 18-332, 2018)
A.
All medical cannabis facilities shall pay any applicable sales, use, business or other tax, and all license, registration, or other fees pursuant to federal, state, and local law.
B.
All medical cannabis facilities shall fully comply with all the provisions of the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2004, the 2008 Attorney General Guidelines, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) of 2017, any subsequently enacted state law or regulatory, licensing, or certification requirement, all applicable provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval of the regulatory permit.
C.
Nothing in this chapter shall be construed as authorizing any actions which violate state or local law with regard to the cultivation, transportation, manufacture, distribution, testing, provision, sale, transfer, disposition, or delivery of medical cannabis or medical cannabis products.
(Ord. 18-332, 2018)
A.
The city manager, chief law enforcement official, or their designees shall have the right to enter all medical cannabis facilities from time to time unannounced during the facility's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, to inspect and copy records required to be maintained under this chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order.
B.
Nothing in this chapter requires the disclosure of any private medical record or confidential information contained in such medical record.
C.
Operation of a medical cannabis facility in non-compliance with any conditions of approval or the provisions of this chapter shall constitute a violation of this code and shall be enforced pursuant to the provisions of this code.
D.
The city manager or designee may summarily suspend or revoke a medical cannabis regulatory permit, or disqualify an applicant from the registration process, or elect not to renew a regulatory permit if any of the following, singularly or in combination, occur:
1.
The city manager or designee determines that the medical cannabis facility has failed to comply with any requirement of this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the city manager or designee to deny the regulatory permit under section 5-4-3-7 or elect not to renew or revoke the regulatory permit under section 5-4-3-12;
2.
The medical cannabis facility has conducted itself or is being conducted in a manner that creates or results in a public nuisance;
3.
The medical cannabis facility ceased operations for more than 90 calendar days, including during change of ownership proceedings;
4.
The operator under whose name the regulatory permit is issued is changed without the new operator applying for and securing a regulatory permit under this chapter;
5.
The medical cannabis facility relocates to a different location or premises; or
6.
The medical cannabis facility fails to allow inspection and/or copying of the security recordings, the activity logs and records required under this chapter, or the premises by authorized city officials.
(Ord. 18-332, 2018)
Any decision regarding or pertaining to the regulatory permit process set forth in this chapter, or any action taken by the city manager or designee pursuant hereto, may be appealed to the city council. Such appeal shall be taken by filing with the city clerk, within 10 days after notice of the action or decision complained of has been issued, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city council and at a regular meeting the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be mailed to the appellant. The decision of the city council on such appeal shall be final and binding on all parties concerned.
(Ord. 18-332, 2018)
A.
Any violation of any of the provisions of this chapter is unlawful and a public nuisance.
B.
Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable pursuant to section 1-3-3 of this code.
D.
A separate offense occurs for each day any violation of this chapter is continued and/or maintained.
E.
The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.
(Ord. 18-332, 2018; Ord. 23-0373, §§ 16, 17)
A.
The city manager or designee may develop additional written regulations governing the implementation of the medical cannabis facility regulatory permit process authorized by this chapter.
B.
Regulations for dispensary, cultivation, manufacturing, testing, or distribution permits may be developed and approved separately or jointly by the city manager and city council. The city council may approve regulations for one or several types of permits and the approval of regulations for each type of permit shall operate independently of and not be dependent on the approval of regulations for any other type of permit authorized by this chapter.
(Ord. 18-332, 2018)
Commercial cannabis activities are prohibited in the city. No person shall operate or allow to be operated a commercial cannabis activity in or upon any premises in the city.
(Ord. 18-332, 2018)
Cultivation of cannabis is prohibited in the city, except for cultivation of up to six living plants for personal use as otherwise permitted by California Health and Safety Code section 11362.1(a)(3) and when located within a private residence or inside an accessory structure of a private residence located upon the grounds of a private residence that is fully enclosed and secure on the grounds of a private residence. Outdoor cultivation of cannabis for personal use on the grounds of a private residence (e.g., in a garden area) is prohibited. No person shall operate or allow to be operated a cultivation site or nursery in or upon any premises in the city.
(Ord. 18-332, 2018)
Delivery of cannabis or cannabis products is limited to the delivery for medical purposes to a qualified patient or primary caregiver pursuant to Health and Safety Code section 11362.5.
(Ord. 18-332, 2018)
The distribution of cannabis or cannabis products is prohibited in the city. Except for deliveries pursuant to section 5-4-6 of this chapter, no person shall conduct or allow to be conducted a distribution operation in or upon any premises in the city.
(Ord. 18-332, 2018)
The manufacture of cannabis or cannabis products is prohibited in the city. No person shall manufacture or allow the manufacturing of cannabis or cannabis products in or upon any premises in the city.
(Ord. 18-332, 2018)
The provision of testing services of cannabis or cannabis products is prohibited in the city. No person shall operate or allow testing services of cannabis or cannabis products in or upon any premises in the city.
(Ord. 18-332, 2018)
A.
Except as permitted by this chapter, the operation of a cannabis dispensary, commercial cannabis activities, cultivation sites and nurseries, distribution, provision of testing services, and manufacturing of cannabis and cannabis products from any property, structure or building in the city is declared to be a public nuisance.
B.
In addition to the penalties provided in section 5-4-14 of this chapter, any violation of this chapter shall constitute a public nuisance and may be abated by the city by administrative process, or by civil restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of a nuisance. All remedies herein are cumulative and non-exclusive.
C.
Any person, including the city, who prevails in an action or proceeding for the abatement of a public nuisance as provided herein shall be entitled to recover attorney's fees and costs incurred in any such action or proceeding.
(Ord. 18-332, 2018)
Any peace officer who issues a criminal citation under this chapter shall confiscate any cannabis or cannabis products and store them according to law, pending the conclusion of the criminal case.
(Ord. 18-332, 2018)
No person or business holding a city business license and owning or operating a business in the city may use that business to operate a cannabis dispensary, conduct commercial cannabis activities, operate a cultivation site or nursery, distribute (except as provided in section 5-4-6 of this chapter), provide testing services or manufacture of cannabis and cannabis products without full compliance with this chapter. A violation of this chapter shall constitute grounds for suspension or revocation of a business license in accordance with the procedures set forth in this code.
(Ord. 18-332, 2018)
A.
Failure to comply with this chapter is a misdemeanor punishable in accordance with section 1-3-3 of this code, provided that where the city attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense is an infraction.
B.
Each person committing, causing, or maintaining a violation of this chapter, or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.
(Ord. 18-332, 2018; Ord. 23-0373, § 15)
A.
Nothing in this chapter is intended to prohibit individuals from cultivating not more than six living cannabis plants and possessing the cannabis produced by the plants when in compliance with the restrictions set forth at Health and Safety Code section 11362.2(a) and when located within a private residence or inside an accessory structure of a private residence located upon the grounds of a private residence that is fully enclosed and secure.
B.
Nothing in this chapter is intended to prohibit individuals 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without compensation, not more than twenty-eight and one-half (28.5) grams of cannabis and not in the form of concentrated cannabis, as set forth at Health and Safety Code section 11362.1(a)(1).
C.
Nothing in this chapter is intended to prohibit individuals 21 years of age or older to possess, process, transport, purchase, obtain or give away to persons 21 years of age or older without any compensation, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products, as set forth at Health and Safety Code section 11362.1(a)(2).
D.
Nothing in this chapter is intended to prohibit individuals 21 years of age or older to possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without compensation, as set forth at Health and Safety Code section 11362.1(a)(5).
E.
Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband and not subject to seizure. No conduct deemed lawful by this section shall constitute the basis for detention, search or arrest.
(Ord. 18-332, 2018)
If any section, subsection, sentence, clause or phrase of this chapter is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by state or federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this chapter.
(Ord. 18-332, 2018)