It is the purpose and intent of this chapter to prohibit mobile
marijuana dispensaries and marijuana delivery within the city and
to preclude businesses engaging in such activities from procuring
a business license from the city.
(Ord. 1119-16 § 9)
For purposes of this chapter, the following words and phrases
shall have the following meanings:
"Delivery"
means the commercial delivery, transfer or transport, or
arranging for the delivery, transfer or transport, or the use of any
technology platform to arrange for or facilitate the commercial delivery,
transfer or transport of marijuana, marijuana edibles, or any marijuana
products to or from any location within the city.
"Marijuana"
means all parts of the plant Cannabis sativa L., 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. This definition includes
marijuana infused in foodstuff but does not include industrial hemp,
as defined herein. "Industrial hemp" means a fiber or oilseed crop,
or both, that is limited to nonpsychoactive types of the plant Cannabis
sativa L. and the seed produced therefrom, having no more than three-tenths
of one percent tetrahydrocannabinol (THC) contained in the dried flowering
tops, and that is cultivated and processed exclusively for the purpose
of producing the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, or any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks, except the resin or flowering tops extracted there-from,
fiber, oil, or cake, or the sterilized seed, or any component of the
seed, of the plant that is incapable of germination.
"Marijuana dispensary" or "marijuana dispensaries"
means any for profit or not-for-profit cooperative, collective,
facility, operator, establishment, provider, association or similar
entity that cultivates, distributes, dispenses, stores, exchanges,
processes, delivers, makes available, transmits and/or gives away
marijuana in the city for any purpose.
"Mobile marijuana dispensary"
means any individual, clinic, cooperative, club, business,
group or other entity which transports or delivers, or arranges the
transportation or delivery, of marijuana to a person.
"Person"
means any individual, firm, corporation, association, club,
society, or other organization or entity, including, but not limited
to, any owner, manager, proprietor, employee, volunteer, salesperson
or agent thereof.
"Operate" or "operation"
means to locate, own, lease, supply, allow to be operated
or aid, abet, or assist in the operation of a mobile marijuana dispensary,
and shall include any attempt to do so.
(Ord. 1119-16 § 9)
Mobile marijuana dispensaries are prohibited in the city. No
person shall operate any mobile marijuana dispensary within the city.
(Ord. 1119-16 § 9)
Operation of any mobile marijuana dispensary and marijuana delivery
within the city in violation of the provisions of this chapter is
hereby declared a public nuisance and may be abated by the city either
pursuant to the Lawndale Municipal Code or any other available remedies,
including, but not limited to, declaratory relief and civil injunction.
(Ord. 1119-16 § 9)
A violation of this chapter shall be subject to any criminal
or civil enforcement remedies available under the law and the Lawndale
Municipal Code. In addition, the city may enforce a violation of this
chapter by means of civil enforcement through a restraining order,
a preliminary or permanent injunction or by any other means authorized
by law. Notwithstanding any other provision of this code, no conduct
which is protected from criminal liability pursuant to state law,
including
Health and Safety Code Section 11362.1, 11362.2, 11362.5,
or 11362.9 as these sections may be amended from time to time, shall
be made criminal by this chapter.
(Ord. 1119-16 § 9; Ord. 1144-17 § 15)