A. 
No person shall carry on the business of a fortune teller/psychic without first obtaining a fortune telling permit.
B. 
For purposes of this section, "fortune teller/psychic" means a person that purports to have extra-sensory powers and that engages in the business of providing forecasting of future events.
C. 
A fortune telling permit application shall be submitted to the city manager. The application consists of the application fee and the following:
1. 
A city-provided application form containing: (i) the applicant's name, mailing address and phone number; (ii) the address of the proposed business; (iii) the names and addresses of other fortune telling businesses currently operated in the state by the applicant; and (iv) a list of fortune telling related permits that the applicant currently holds or has had suspended or revoked by another governmental entity.
2. 
Two passport-size color photographs that clearly show the applicant's face.
3. 
The applicant's fingerprints on a police department-provided form.
4. 
A statement signed by the applicant certifying under penalty of perjury that the information submitted in connection with the application is true and correct.
D. 
The city manager shall deny a fortune telling permit within 30 city business days of the filing of a complete application if the applicant has knowingly submitted a misleading or fraudulent statement of material fact; otherwise the permit shall be approved. Written notice of the denial of a fortune telling permit, and the reasons therefor, shall be provided to the applicant.
E. 
A fortune telling permit shall not be effective until the permittee files with the city manager a bond in the principal sum of $10,000 executed by a corporate surety authorized to do business in this state. The bond shall be given as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of the permittee.
F. 
Fortune telling permits shall be valid for a period of one year. Applications for renewal of a fortune telling permit shall consist of all of the elements of an initial application other than the applicant's fingerprints, and shall be processed in the same manner as initial applications.
(Ord. 1515)
No person shall engage in the business of selling secondhand aircraft parts or accessories without first obtaining a secondhand aircraft dealer permit from the chief of police of the city.
(Ord. 1515)
Each collection agency shall deliver to the city clerk a bond in the principal sum of $10,000 executed by a corporate surety authorized to do business in this state. The bond shall be given as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of the permittee.
(Ord. 1515)
Entertainment cafés shall be conducted in accordance with the following operation standards:
A. 
No minor under the age of 21 years shall be permitted in an entertainment café unless accompanied by his or her parent or guardian.
B. 
No entertainment café shall remain open between the hours of 2:00 a.m. and 6:00 a.m.
C. 
All portions of required parking lots shall be lighted with sufficient lighting to record a light intensity measurement of 1.5 foot candles. All required park lots shall be supervised by the permittee or its agents.
D. 
No patron shall engage in and no permittee shall conduct offensive to public decency or morals or any conduct or activity that disturbs the peace and quiet of the surrounding neighbors.
E. 
No drinking shall take place on the dance floor nor shall any beverage be transported thereon during the time that any such dance may be in progress.
F. 
City representatives shall be admitted without charge at any time for the purpose of inspection to verify compliance with this section.
(Ord. 1515)
A. 
Purpose and Findings.
1. 
The city council finds that in order to serve public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this section is to prohibit marijuana cultivation, marijuana dispensaries, marijuana deliveries, and all other marijuana activities, whether or not for profit, with limited exceptions for personal medical use by qualified patients or holders of identification cards for medical purposes or provision of medical marijuana by primary caregivers to less than 3 qualified patients and identification card holders for medical purposes as allowed by state law, and to allow indoor cultivation of marijuana at private residences subject to compliance with specified conditions, as set forth in this section. It is further the intent of the city for the State of California not to issue any state licenses for marijuana businesses or other commercial marijuana activities to operate in the city.
2. 
Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.
B. 
Definitions. For the purpose of this section, the following words and phrases shall mean:
AUMA:
the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.
Commercial Marijuana Activity:
shall include, but is not limited to, the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and/or marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business or other activity licensed by the state or other government entity under Chapter 3.5 of Divisions 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
Compassionate Use Act or CUA:
the Compassionate Use Act of 1996, or Proposition 215, approved by the voters on November 5, 1996, and codified in Health and Safety Code Section 11362.5, as the same may be amended from time to time.
Concentrated Cannabis:
shall have the same meaning as the phrase "cannabis concentrate" is defined in Business and Professions Code Section 19300.5, as the same may be amended from time to time.
Cultivation:
any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Delivery:
shall mean and include the commercial transfer of marijuana or marijuana 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 under this division that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. "Delivery" shall also include, but is not limited to, all "delivery" activities as defined in Business and Professions Code Section 19300.5(m), as the same may be amended from time to time.
Distribution:
the procurement, sale, and transport of marijuana, marijuana products, and marijuana accessories between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
Identification Card:
a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
Indoor or Indoors:
means within a fully enclosed and secure structure as defined in subsection E of this section.
Licensee:
the holder of any state-issued license related to marijuana activities, including, but not limited to, licenses issued under Divisions 8 and 10 of the Business and Professions Code, as they may be amended from time to time.
Manufacture:
to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
Marijuana:
shall have the same meaning as "cannabis" as set forth in Business and Professions Code Section 19300.5(f), as the same may be amended from time to time, and shall include all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana. "Marijuana" also means marijuana as defined by Section 11018 of the Health and Safety Code. For the purpose of this section, "marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. Marijuana also means "medical marijuana" as defined in this section.
Marijuana Accessories:
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 marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
Marijuana Dispensary:
any facility, location, vehicle, or activity, whereby marijuana, marijuana products, or marijuana devices for the use of marijuana are offered, either individually or in any combination for retail sale, whether mobile or stationary, including an establishment that delivers marijuana and marijuana products as part of a retail sale. The term "dispensary" shall be construed to include, but not be limited to, all "dispensary" and retail facilities as defined in Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time. The term "dispensary" also includes a mobile marijuana dispensary as defined in this section. The term "dispensary" shall be broadly and liberally interpreted to achieve the purpose of this section.
Marijuana Product:
shall mean marijuana 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 marijuana or concentrated cannabis and other ingredients. "Marijuana product" shall include both non-medical marijuana products and medical marijuana products as defined in this section.
MCRSA:
the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.
Medical Marijuana:
marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7, as such section may be amended from time to time.
Medical Marijuana Product:
shall have the same meaning as "cannabis product" or "medical cannabis product" as set forth in Business and Professions Code Section 19300.5(ag), as the same may be amended from time to time, and shall include marijuana, as well as concentrates and extractions, intended to be sold for use by medical marijuana patients pursuant to the Compassionate Use Act of 1996 (Proposition 215).
Mobile Marijuana Dispensary:
the use of a motor vehicle that in any way involves growing, distributing, delivering, selling or making available to persons, with or without financial payment or consideration and regardless of the number of persons served, marijuana or medical marijuana products, including marijuana for medical purposes as described in California Health and Safety Code Section 11362.5.
Outdoor or Outdoors:
any location that is not within a fully enclosed and secure structure.
Person:
any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
Primary Caregiver:
the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
Physician:
an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
Private Residence:
a house, an apartment unit, a mobile home, or other similar dwelling lawfully used as a residence.
Qualified Patient:
a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as such section may be amended from time to time, but who does not have an identification card issued by the State Department of Health Services.
Sale:
shall include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
C. 
Marijuana Activities Prohibited. Except as otherwise expressly allowed under subsection D or E of this section, all commercial marijuana activity is prohibited and unlawful in the City of Seal Beach, including, but not limited to, the following:
1. 
It is unlawful for any person to own, manage, conduct, or operate any marijuana dispensary, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any marijuana dispensary in the city. No marijuana dispensary shall locate, commence, or be maintained or allowed in any land use district, or on any parcel, or at any place, public or private, within the city.
2. 
It is unlawful for any person to own, manage, conduct, or operate any marijuana delivery service or other marijuana delivery business, or to participate as an employee, contractor, agent, or volunteer, in any manner or capacity, in any marijuana delivery service or other marijuana delivery business in the city, whether or not the delivery commenced in the city. No marijuana delivery service or other marijuana delivery business shall locate, commence, or be maintained or allowed in any land use district, or on any parcel, or at any place, public or private, within the city.
3. 
It is unlawful for any person to make, arrange for, facilitate, or otherwise participate in marijuana deliveries to or from the city, whether or not the delivery commenced in the city.
4. 
It is unlawful for any person to own, manage, conduct, operate, or otherwise participate in any other commercial marijuana activity in the city. No commercial marijuana activity shall locate, commence, or be allowed in any land use district, or on any parcel, or at any place, public or private, within the city. The city shall not issue any permit, license or other entitlement for any commercial marijuana activity for which a state license is required under the MCRSA or the AUMA. The city shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code Section 26070.5, as the same may be amended from time to time.
5. 
A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial marijuana activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the city.
D. 
Limited Exceptions to Prohibitions. The following businesses or other activities shall not be prohibited by subsection C of this section.
1. 
Subsection C of this section shall not prohibit the indoor cultivation of 6 or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, and further to the extent the indoor cultivation complies with subsection E of this section.
2. 
Subsection C of this section shall not prohibit a person 21 years of age or older from: (a) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to 8 grams in the form of concentrated cannabis; (b) smoking or ingesting marijuana or marijuana products; or (c) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code Section 11362.1 et seq.
3. 
Subsection C of this section shall not prohibit the personal use or possession by a qualified patient or person with a duly issued identification card of medical marijuana or medical marijuana products in compliance with Health and Safety Code Section 11625.5 and Health and Safety Code Section 11362.7(h), as such sections may be amended from time to time, or as otherwise defined by state law.
4. 
Subsection C of this section shall not prohibit the provision, transportation, or delivery of medical marijuana by any primary caregiver for medical purposes to less than 3 qualified patients or persons holding a duly issued identification card to the extent allowed pursuant to state law.
5. 
Subsection C of this section shall not prohibit any person from transporting marijuana through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
6. 
Subsection C of this section shall not apply to any conduct allowable pursuant to Health and Safety Code Section 11362.1.
E. 
Indoor Cultivation of Marijuana.
1. 
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the City of Seal Beach to cause or allow such parcel to be used for the cultivation of marijuana plants except for indoor cultivation conducted in strict compliance with the requirements set forth below.
2. 
Marijuana cultivation shall only occur indoors in a private residence, or indoors in an accessory structure at a private residence, in conformance with the following standards:
a. 
Only a person who is at least 21 years old may cultivate marijuana.
b. 
Marijuana cultivation is permitted only within a fully enclosed and secure structure. As used herein, the phrase "fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure by lock and key or other security device which prevents unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
c. 
Marijuana cultivation areas in a structure shall not be accessible to persons under 21 years of age.
d. 
Marijuana cultivation shall be limited to 6 plants total, whether immature or mature, regardless of how many persons who are at least 21 years old reside at that private residence.
e. 
Marijuana cultivation shall only take place on impervious surfaces.
f. 
Marijuana cultivation shall utilize energy efficient lighting and ventilation systems compliant with California's Building Energy Efficiency Standards, as may be amended from time to time.
g. 
The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for marijuana cultivation or processing is prohibited.
h. 
The use of marijuana extraction and concentration techniques, including, but not limited to, butane, CO2 or ethanol, to manufacture concentrated cannabis is strictly prohibited.
i. 
Marijuana cultivation shall not be visible from any public right-of-way or neighboring property.
j. 
The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The residence, and any rooms in the residence, shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
k. 
Any structure used for the cultivation of marijuana must have proper ventilation to prevent marijuana plant odors from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or a public right-of-way.
l. 
No person shall cultivate marijuana in any manner that causes any of the following conditions: light, glare, heat, mold, odor, noise, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property.
m. 
A portable fire extinguisher that complies with the regulations and standards adopted by the State Fire Marshal and applicable law shall be kept in same room as where cultivation occurs.
n. 
Cultivation of marijuana shall not displace required off-street parking, or violate any other provisions of the code.
o. 
All electrical equipment used in the cultivation of marijuana (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.
p. 
Prior to performing any work on electrical wiring/rewiring the applicant shall first obtain a building, mechanical and/or electrical permit, as required, from the building division.
F. 
Use or Activity Prohibited by State or Federal Law. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.
G. 
Public Nuisance. Any violation of this section is hereby declared to be a public nuisance and may be abated by the city.
H. 
Violations. In addition to any other enforcement permitted by Chapter 1.15 of the Seal Beach Municipal Code, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.15, this chapter does not authorize a criminal prosecution or arrest prohibited by Health and Safety Code Section 11362.71 et seq., or Sections 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.15 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. 1580; Ord. 1652; Ord. 1663)
No person shall engage in the business of operating miniature trains without first obtaining a miniature train permit from the city council. No such permit shall be issued to carry on such business if any miniature train shall consist of more than one motorcar and 3 trailers, or of a total length, including such motor and trailers, of more than 50 feet.
(Ord. 1515)
It is unlawful to peddle any drug or medicine or to go from place to place or from house to house distributing, selling or giving away any drugs or medicines or any sample of any drug or medicine without first procuring a permit from the county health officer to do so and delivering a copy of such permit to the city finance department. The county health officer may issue such permit if upon determining that such drug or medicine is nonpoisonous, harmless and not dangerous to life or health. Such permit shall be filed with the city clerk prior to the issuance of a business license pursuant to this title.
(Ord. 1515)
No person shall engage in the business of a shooting gallery without first obtaining a shooting gallery permit from the city council.
(Ord. 1515)