A. 
For purposes of this section, "outside cannabis delivery service" means a cannabis business located outside of the City that delivers cannabis or cannabis products to a physical location in the City as part of a retail sale.
B. 
This article does not apply to a retail cannabis business located and permitted in the City pursuant to Article 3 of this chapter, in which proposed delivery services shall be included in the application for retail cannabis uses.
C. 
No person shall perform an outside cannabis delivery service in the City without first obtaining a valid business license issued by the City, and a cannabis delivery permit issued pursuant to this section.
D. 
The cannabis outside delivery permit fee is hereby established and imposed. The City Council shall establish by resolution the amount of the outside cannabis delivery permit fee.
E. 
An application for an outside cannabis delivery permit shall be submitted to the Community Development Director, on a form approved by the Community Development Director. The application shall contain the following minimum information:
1. 
A description of the statutory entity or business form that serves as the legal structure for the outside cannabis delivery service and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, statement of information, articles of association, and fictitious business name statement.
2. 
The phone number and address to which notice of action on the application and correspondence is to be mailed.
3. 
The name, address, telephone number, title, and function of each of the outside cannabis delivery service's owners and managers.
4. 
The name, address, telephone number, and title of each of the employees that are authorized to perform deliveries from the cannabis business. For each employee authorized to perform deliveries, proof of valid driver's license and current employment by the business is required.
5. 
A general description of the retail cannabis business site, including the street address, parcel number, and hours of operation, from which the outside cannabis delivery service operates. The business description should indicate whether the business intends to sell medical or adult-use cannabis.
6. 
Copies of the applicant's State license(s) relating to cannabis, as required by State law. If the applicant applies for an outside cannabis delivery permit prior to the State issuing the appropriate licenses, the applicant shall specify which State license(s) will be obtained once the State begins issuing licenses.
7. 
The cannabis business's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis retail business and deliveries.
8. 
Applicant's Certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision
9. 
Indemnification. An agreement, on a form approved by the City Attorney, whereby the applicant:
a. 
Releases the City, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of this chapter; and (ii) any arrest or prosecution of the applicant or its managers, employees, or members for violation of State or Federal laws; and
b. 
Defends, indemnifies, and holds harmless the City and its agents, officers, elected officials, and employees from and against any and all claims or actions: (i) brought by City property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from the business delivery operations; and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis or cannabis products from the business site in the City.
10. 
Every application for an outside cannabis delivery permit shall be accompanied by a nonrefundable outside cannabis delivery permit fee.
11. 
No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for an outside cannabis delivery permit.
C.
An outside cannabis delivery permit shall be valid for a term of one year from the date that the permit is issued, unless suspended or revoked sooner. A permittee may apply for an outside cannabis delivery permit renewal at least 30 days before the expiration of the permit on a form approved by the Community Development Director.
D.
An outside cannabis delivery permit may be denied, revoked, or suspended if one or more of the following circumstances exist:
1.
The application received is incomplete or not responsive to the requirements of this section;
2.
The application contains a false or misleading statement or omission of a material fact;
3.
The operation of the delivery service described in the application fails to comply with any of the requirements in this code, State law, or any other regulation; or
4.
The applicant or any of its managers has any unpaid and overdue administrative penalties imposed for violations of this chapter.
E.
Denial, suspension, and revocation of a cannabis delivery permit are subject to the appeal procedures set forth in Article 2 of this chapter.
F. 
Deliveries of cannabis and cannabis products within the City shall comply with the following requirements:
1. 
The delivery services shall be conducted by employees of the retail cannabis business who are at least 21 years old. The retail cannabis business shall not use the services of an independent contractor or courier service to deliver cannabis for retail sale.
2. 
Every employee of the retail cannabis business engaging in delivery services shall maintain on his or her person a physical copy of the following when conducting a delivery:
a. 
The business's current valid retail cannabis business permit;
b. 
Valid driver's license;
c. 
Employer-provided badge containing the name and photo of the employee; and
d. 
Each customer's delivery request. The delivery request must identify the retail cannabis business, the customer's name and address, and the product(s) being delivered.
3. 
Cannabis may only be delivered in-person to the customer that made the delivery request, and shall not be left unattended or delivered to any other person. The delivery-employee shall verify the customer's age, identity, delivery request, and, if applicable, valid physician's recommendation prior to completing the delivery.
4. 
Cannabis may not be delivered to an address located on publicly-owned land or any address on land or in a building leased by a public agency.
5. 
All deliveries shall be conducted in an enclosed motor vehicle or other acceptable delivery method in compliance with State law, operated by the delivery employee or another delivery employee of the retail cannabis business.
6. 
Cannabis and cannabis products shall not be left unattended in a vehicle, except for brief periods as necessary to deliver cannabis to a customer. If cannabis and cannabis products are left unattended in a vehicle, the vehicle must remain locked and must be equipped with an active vehicle alarm system.
7. 
For purposes of this section, a delivery begins when an employee leaves the retail cannabis business premises with cannabis intended for delivery, and ends when the delivery employee returns to the retail cannabis business premises. When conducting deliveries, the employee shall only travel from the business premises to a delivery address, from one delivery address to another delivery address, or from a delivery address back to the business premises.
8. 
The Community Development Director is authorized to establish permitted and preferred delivery routes applicable to retail cannabis businesses.
9. 
These regulations are intended to be the minimum requirements imposed by law, and shall not be construed to conflict with State law. Where State law provides more restrictive requirements for cannabis deliveries, State law controls.
(Prior code § 13A-4-11; Ord. 1686 § 1, 2022)