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, which include the need to obtain and maintain a conditional use permit validly issued by the City per the code. Cannabis facilities shall operate under the regulations and conditions as set forth in this chapter. Nothing in this chapter is intended to repeal or conflict with Chapter 17.180 of this Code, and both chapters shall be read together to effectuate the purposes and intent of this Code.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:
A. 
The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5).
B. 
The Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83).
C. 
Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26211).
D. 
When used in this chapter, the defined terms in Chapter 17.180 of the municipal code shall have the same meanings for this chapter. "Cannabis" and "marijuana" have the same meaning and are used interchangeably.
E. 
When used in this chapter, references to State law include the laws as may be amended.
"Applicant"
means any person applying for a permit or a renewal of a permit pursuant to this chapter.
"Cannabis accessories"
means 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 goods into the human body.
"Cannabis business park"
means a property owned by a private party or entity located in a commercial or industrial district that leases or sells or otherwise uses structures, parcels, or lots therein to two or more cannabis facilities engaged in commercial cannabis activity and which provides for the park security, amenities, improvements, and landscaping for the cannabis facilities therein.
"Cannabis concentrate"
means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
"Cannabis cultivation facility"
means a facility wherein cannabis is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place.
"Cannabis distribution facility"
means any facility or location, the primary function of which is the procurement, sale, and/or transport of cannabis and/or cannabis goods between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and the City's Municipal Code.
"Cannabis facility"
means any business or operation that engages in commercial cannabis activity or medicinal cannabis, and includes every cannabis facility type defined in this chapter and in Chapter 17.180 of this Code.
"Cannabis goods"
means cannabis, including dried flower, and products containing cannabis.
"Cannabis manufacturing facility"
means a facility where the production of cannabis concentrate, and/or the preparation, propagation, or compounding of manufactured cannabis, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of cannabis or cannabis goods, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid cannabis manufacturing facility license, a cannabis regulatory permit, and a conditional use permit all issued in accordance with this chapter and the City's Municipal Code, and provided that the facility will qualify for a valid State license when the State of California begins issuing State licenses to cannabis manufacturers.
"Cannabis testing facility"
shall have the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis goods and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; (2) licensed by the Bureau of Cannabis Control, and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations.
"Cannabis" or "marijuana"
shall have the same meaning as provided in Health and Safety Code Section 11018, as amended (which code section used to define marijuana). The terms cannabis and marijuana shall be used interchangeably in this chapter.
"City"
means the City of Desert Hot Springs.
"Commercial cannabis activity"
includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensing, or sale of cannabis and cannabis goods, or any other cannabis activity allowed in this Code.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cultivator"
means cannabis facilities licensed as a cultivation site or as a cultivator pursuant to California Business and Professions Code Section 19300 et seq., or pursuant to California Business and Professions Code Section 26000 et seq.
"Delivery"
means the commercial transfer of cannabis or cannabis goods from a State licensed distributor or retailer wherever located, to an adult 21 years of age or older, qualified patient, or primary caregiver located in the City of Desert Hot Springs, and shall include the use of any technology platform that enables adults 21 years of age or older, qualified patients, or primary caregivers located in Desert Hot Springs to arrange for or facilitate the commercial transfer of cannabis or cannabis products.
"Distribution"
means the procurement, sale, or transport of cannabis or cannabis goods either within the City limits, or to and from the City from a place outside the City limits, from a permitted business location of a licensed entity to a permitted business location of another licensed entity subject to State laws and regulations and subject to the provisions of this chapter and the City's Municipal Code.
"Legal parcel"
means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.
"Light manufacturer"
means a person or entity that conducts the production, preparation, or compounding of cannabis or cannabis goods either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis goods or labels or relabels its container.
"Light manufacturing facility"
means a facility that conducts the production, preparation, or compounding of cannabis or cannabis goods either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis goods or labels or relabels its container.
"Limited-access area"
means an area within a cannabis facility in which cannabis goods are stored or held and is only accessible to a permittee, owner, employees or authorized individuals.
"Manufacturer"
means a person or entity that conducts the production, preparation, propagation, or compounding of cannabis or cannabis goods 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 cannabis or cannabis goods or labels or relabels its container.
"Medicinal cannabis" or "medicinal cannabis good"
means cannabis or a cannabis good, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
"Nonstorefront retail facility"
shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5414 to 5427 et seq., in the California Code of Regulations, as may be amended. Currently, this is a delivery only retail facility which sells cannabis to a customer solely and exclusively by delivery.
"Off-site sales"
means the sale of cannabis for consumption off the premises.
"On-site sales"
means the sale of cannabis for consumption on the premises.
"Operational"
means a permitted cannabis facility with ongoing and recurring commercial or medicinal cannabis activities.
"Owner" or "owners"
means any of the following:
1. 
A person with an aggregate ownership interest of 20% or more in a cannabis facility, or in the person applying for a cannabis facilities regulatory permit.
2. 
The manager of a nonprofit or other entity.
3. 
A member of the board of directors of a nonprofit or for-profit entity.
4. 
All persons with an aggregate ownership interest of 20% or more in a cannabis facility, including, but not limited to:
a. 
A general partner of a cannabis facility that is organized as a partnership. DL2=b. A non-member manager or managing member of a cannabis facility that is organized as a limited liability company.
b. 
Any person holding a voting interest in a partnership, association, or limited liability company.
c. 
All officers or directors of a cannabis facility that is organized as a corporation and all shareholders who individually own more than 20% of the issued and outstanding stock of the corporation.
5. 
A person who will be participating in the direction, control, or management of a cannabis facility.
"Permittee"
means any business entity possessing a cannabis facilities regulatory permit pursuant to this chapter.
"Person"
includes any individual, firm, 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.
"Retail area"
means a building, room, or other area that is open to the public, upon the licensed retailer or licensed microbusiness premises authorized to engage in retail sales in which cannabis goods are sold or displayed.
"Storefront retail facility"
shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. Currently, this is a retail facility which sells and/or delivers cannabis or cannabis goods to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted.
(Ord. 729 2-16-21; Ord. 777 3-21-23; Ord. 801, 5/7/2024; Ord. 805, 10/15/2024)
A. 
It is unlawful for any person, cannabis facility, a cannabis business park, association, partnership, corporation, or any other entity to engage in, conduct or carry on, in or upon any premises within the City, any commercial cannabis activity without a cannabis facilities regulatory permit.
B. 
Cannabis facilities and cannabis business parks shall register and obtain a cannabis facilities regulatory permit from the City prior to commencing or continuing operation.
C. 
A valid State license pursuant to Business and Professions Code Section 26000 et seq. shall be required to operate any cannabis facility.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
A. 
Every owner must complete each of the following steps prior to submitting an application for a cannabis facilities regulatory permit:
1. 
Secure all necessary land use entitlements as required by the City of Desert Hot Springs Zoning Code for the premises of the cannabis facility.
2. 
Apply for a State license pursuant to California Business and Professions Code Section 26000 et seq.
3. 
Secure building permits.
B. 
Upon the completion of all tasks under subsection A, the owner shall file an application to the City Manager or designee upon a form provided by the City and shall pay a nonrefundable application fee as established by resolution of the City Council as amended from time to time.
C. 
The application for a cannabis facilities regulatory permit shall include, but not be limited to, the following:
1. 
An operating plan that complies with the requirements of this chapter. The operating plan includes a general description of the proposed types of products and activities at the cannabis facility.
2. 
The address of the location of the cannabis facility and the names, dates of birth, phone numbers, email addresses, and mailing addresses of owners.
3. 
Information regarding the cannabis facility, including, without limitation, the name and address of the cannabis facility, and evidence that the cannabis facility is duly organized under the applicable laws of the State of California.
4. 
A floor plan designating all interior dimensions of the premises and the layout of the cannabis facility, including all limited-access areas, areas of ingress and egress, and all security cameras. Such floor plan shall also show the principal uses of the floor area depicted therein. For cultivation sites, such floor plan shall distinguish all dimensions of areas in which plants are located. For cannabis consumption space facilities, such floor plans shall designate all cannabis consumption areas.
5. 
A list of each current and prospective owner, employee, independent contractor, and any other persons engaged in the operation of the cannabis facility. Such persons must be 21 years of age or older.
6. 
For each current and prospective owner, employee, independent contractor, and any other persons engaged in the operation of the cannabis facility, a list of their criminal convictions in the State of California and in states other than California, if any, and any civil, administrative or legal judgment or other activities of a fraudulent nature.
7. 
All owners, employees, and independent contractors, and any other persons engaged in the operation of the cannabis facility must submit fingerprints and other information for a background check, including a criminal history records check, as required by this chapter.
8. 
The name and address of the owner and lessor of the real property upon which the cannabis facility is to be operated. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that a cannabis facility will be operated on his or her property.
9. 
A security plan that addresses the measures required by this chapter.
10. 
An odor control plan that complies with the requirements of this chapter.
11. 
The name and address of the cannabis facility's current agent for service of process or other authorized agent.
12. 
The names and addresses of any other cannabis facility currently being operated by the applicant or owner, or that had previously been operated by the applicant or owner, and a statement of whether the authorization for any such operation had been revoked or suspended and, if so, the reason therefor.
13. 
Authorization for the City Manager or designee to seek verification of the information contained within the application.
14. 
A statement in writing by the applicant that it certifies under penalty of perjury that all the information contained in the application is true and correct.
15. 
Payment of a nonrefundable application fee. The fee shall be established by resolution of the City Council from time to time.
16. 
Any such additional information as deemed necessary by the City Manager or designee to administer this chapter.
D. 
If the application is incomplete, the applicant shall have an opportunity to cure the incompleteness within 30 days' written notice by the City Manager or designee.
E. 
An applicant may withdraw its application any time prior to the issuance or denial of a permit by submitting a form for withdrawal provided by the City. Submission of a withdrawal form does not deprive the City of its authority to institute or continue any proceeding against the applicant for the denial of an application for a permit upon any ground provided by law or to enter an order denying an application for a permit upon any such ground.
F. 
Following the issuance of a cannabis facilities regulatory permit, the cannabis facility may not commence or resume operations until it has secured a business license.
(Ord. 729 2-16-21; Ord. 777 3-21-23; Ord. 801, 5/7/2024; Ord. 805, 10/15/2024)
A. 
Prior to commencing work at a cannabis facility or a cannabis business park, all current and prospective owners, employees, independent contractors, applicants, permittees, temporary employees, and any other persons who will be engaged in the operation of the cannabis facility or a cannabis business park must submit to and pass a background check. The background check shall include fingerprinting and other necessary information for a criminal history records check conducted by the Desert Hot Springs Police Department. Employees hired through employment agencies are subject to this section.
B. 
Prior to commencing work at a cannabis facility or a cannabis business park, any owners, employees, independent contractors, permittees, temporary employees, and any other persons who will be engaged in the operation of the cannabis facility or a cannabis business park hired or retained after a cannabis facilities regulatory permit has been obtained by a cannabis facility must submit to and pass a background check. The background check shall include fingerprinting and other necessary information for a criminal history records check conducted by the Desert Hot Springs Police Department. Employees hired through employment agencies are subject to this section. The City must be immediately notified by the cannabis facility or a cannabis business park upon the hiring or retention of new employees hired through employment agencies.
C. 
The City shall request from the State Department of Justice subsequent notification service, pursuant to Section 11105.2 of the Penal Code, for persons subject to a criminal history records check.
D. 
The standards contained in subsections E through I of Section 5.50.060 of this chapter shall govern whether a person passes a background check.
E. 
For purposes of this section, no person subject to a background check is deemed to have passed unless notified in writing by the Desert Hot Springs Police Department.
F. 
Upon passing the background check, each owner, employee, independent contractor, applicant, temporary employee, and any other person engaged in the operation of the cannabis facility or a cannabis business park shall be assigned a City-issued cannabis identification card that must be visibly worn at all times. No person required to carry a City-issued cannabis identification card may work at a cannabis facility or a cannabis business park without carrying a City-issued cannabis identification card. Conviction for any felony subsequent to commencing work or employment shall be grounds for revocation of a cannabis identification card or denial of the renewal of a cannabis identification card.
G. 
All applicants, owners, permittees, employees, temporary employees, independent contractors, and any other persons engaged in the operation of the cannabis facility or cannabis business park who were previously not subject to this section and who have already commenced work shall comply with this section upon the effective date of the ordinance codified in this section.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
The City Manager or designee shall deny a regulatory permit for a cannabis facility or a cannabis business park upon making any of the following findings:
A. 
The applicant or owner(s) made one or more oral or written misrepresentations or omissions.
B. 
The cannabis facility does not possess an active license issued pursuant to California Business and Professions Code Section 26000 et seq.
C. 
The cannabis facility or a cannabis business park does not comply with the provisions of this chapter or State law.
D. 
The cannabis facility or a cannabis business park has not obtained all land use entitlements required by the Desert Hot Springs Zoning Code.
E. 
The suitability of current or prospective owners, applicants, permittees, employees, temporary employees, independent contractors, or any other person who will be engaged in the operation of the cannabis facility or a cannabis business park per the terms of this chapter is insufficient based on any such person’s previous civil, administrative or legal judgment or other activities of a fraudulent nature.
F. 
A current or prospective owner, applicant, employee, temporary employee, independent contractor, or any other person who will be engaged in the operation of the cannabis facility or a cannabis business park has been convicted for an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. A conviction means a plea of guilty, entry of judgment upon a finding of guilty, or a plea of nolo contendere. An offense is substantially related to the qualifications, functions, or duties of the business for which the application is made includes, but is not limited to, the following:
1. 
A violent felony conviction as defined under Section 667.5(c) of the Penal Code.
2. 
A serious felony conviction as defined under Section 1192.7 of the Penal Code.
3. 
A felony conviction involving fraud, deceit, or embezzlement.
4. 
A felony conviction for the hiring, employing, or using a minor in transporting, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor.
5. 
A felony conviction for the selling, offering to sell, furnishing, offering to furnish, administering, or giving away any controlled substance to a minor.
6. 
A felony conviction for drug trafficking with enhancements pursuant to Health and Safety Code Section 11370.4 or 11379.8.
7. 
A prior sanction by the State, a City, a county, or a City and county for unauthorized commercial cannabis activity or had their State license suspended or revoked within the previous three years.
G. 
Notwithstanding subsection F, the City Manager or designee may conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation to determine whether the person(s) is otherwise suitable to work at a cannabis facility or a cannabis business park and whether issuing a permit to the cannabis facility would not compromise public safety.
H. 
Any person required to undergo a background check under this section shall not be denied a permit if denial is solely based on either of the following:
1. 
A conviction or act that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made for which a certificate of rehabilitation pursuant to Penal Code Section 4852.01 et seq., has been acquired.
2. 
A conviction that was subsequently dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41a of the Penal Code or any other provision allowing for dismissal of a conviction.
I. 
Except as to subsections (F)(5) and (6), and notwithstanding Chapter 2 of Division 1.5 of the California Business and Professions Code, where the sentence, including any term of probation, incarceration, or supervised release, is completed for a conviction of possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis, such conviction is not considered substantially related, and shall not be the sole ground for denial of a permit. For all other controlled substances, the City Manager or designee shall have sole discretion to determine whether such conviction is considered substantially related and grounds for denial of a permit.
J. 
One or more owner, current or prospective employee, temporary employees, independent contractor, or any other person who will be engaged in the operation of the cannabis facility or a cannabis business park who is not 21 years of age or older is listed in the application.
K. 
Failure to pay the application fee.
L. 
The application is inactive for a period of six months from the date of submission. Inactive includes, but is not limited to, the failure to obtain a certificate of occupancy, failure to commence construction work, failure to comply with the conditions of approval, and failure to submit all required documentation.
M. 
Any violation of this Municipal Code.
N. 
Any other condition specified by law.
O. 
If the City Manager or designee denies an application, a written notice specifying the reasons for denial shall be issued to the applicant. The City Manager or designee’s decision shall be final unless the applicant appeals pursuant to Section 5.50.220 within 14 calendar days of the date of service of the City Manager’s or designee’s decision.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
A. 
Each cannabis facility shall develop and implement, to the City Manager or designee’s satisfaction, a security plan to prevent unauthorized entry to the cannabis facility and to prevent theft or unlawful trafficking of cannabis and cannabis goods. Security plans shall contain the following measures:
1. 
Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 90 days of digitally recorded documentation in a format approved by the City Manager or designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras shall include, but are not limited to, public areas, limited-access areas, storage areas, transportation areas, employee areas, all doors and windows, and any other areas as determined to be necessary by the City Manager or designee.
a. 
The security cameras shall have sufficient battery backup to support a minimum of 15 minutes of recording in the event of a power outage.
b. 
The City Manager and designee shall have access to the security cameras of each cannabis facility at any time, including remote access. The City Manager or designee may duplicate and/or take possession of recordings made by the security cameras. No search warrant or subpoena shall be required.
c. 
Cannabis facilities shall provide the City Manager or designee the computer monitoring application used, IP address and access usernames and passwords used to log in to the security camera system and view live footage, playback footage and to extract recordings.
2. 
The cannabis facility shall be alarmed with an audible interior and exterior alarm system, unless waived for extenuating circumstances by the City Manager or designee, that is operated and monitored by a recognized security company, deemed acceptable by the City Manager or designee. Any change in the security company shall be subject to the approval of the City Manager or designee. All current contact information regarding the cannabis facility’s security company shall be provided to the City Manager or designee.
3. 
Entrance to the dispensing, cultivation, manufacturing, testing, or distribution areas and any storage areas shall be locked at all times, and under the control of cannabis facility staff.
4. 
All cannabis and cannabis goods shall be securely stored, and a reliable, commercial alarm system shall be installed and maintained where the cannabis and cannabis goods are secured.
5. 
A security guard, licensed by, and compliant with all regulations of the California Department of Consumer Affairs, Bureau of Security and Investigative Services shall be present only during business hours for storefront retailers. The security guard(s) must possess a valid security guard card and, if armed, a firearms permit issued by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. A cannabis facility may contract through a properly regulated private security company which private company complies with all State law requirements, including those of the Bureau of Cannabis Compliance. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. The City must be notified of any change of a private security company if providing its own security guards.
6. 
Each cannabis facility shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis and cannabis goods and any currency.
B. 
The City Manager or designee and law enforcement shall have the right to enter any cannabis facility at any time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and all applicable laws.
1. 
The cannabis facility shall cooperate with the City Manager or designee who is conducting inspections or investigations relevant to the enforcement of laws and regulations related to this chapter.
C. 
Every cannabis facility shall notify the City Manager or designee within 24 hours after discovering any of the following:
1. 
Significant discrepancies identified during inventory. The level of significance shall be determined by the City.
2. 
Diversion, theft, loss, or any criminal activity pertaining to the operation of the retailer.
3. 
Diversion, theft, loss, or any criminal activity by any agent or employee of a cannabis facility pertaining to the operation of the cannabis facility.
4. 
The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers, or cannabis facility employees or agents.
5. 
Any breach of security.
(Ord. 729 2-16-21; Ord. 777 3-21-23; Ord. 789 10-17-23)
All cannabis facilities must comply with the requirements set forth in this section.
A. 
Every cannabis facility shall operate in compliance with all applicable State and local laws and regulations governing cannabis facilities.
B. 
Every cannabis facility shall maintain and update on a monthly basis a roster of current owners, employees, temporary employees, independent contractors, and any other person engaged in the operation of the cannabis facility. The roster must include names, each individual cannabis identification number (CID) and date of hire. The roster shall be made available for inspection or copying by the City Manager or designee upon written or oral request. Notwithstanding anything to the contrary in this section, the cannabis facility shall immediately notify the City of any new or different employees, independent contractors, and any other person engaged in the operation of the cannabis facility in order to conduct a background check under Section 5.50.050.
C. 
No person who is less than 21 years of age may be employed or otherwise engaged in the operation of a cannabis facility.
D. 
Cannabis and cannabis goods possessed by a cannabis facility shall be kept and stored in a secured manner at all times.
E. 
On-site smoking, ingestion, or consumption of cannabis shall be prohibited on the premises of all cannabis facilities. "Premises," for purposes of this section, includes the actual building as well as any accessory structures, common areas and parking areas.
F. 
Cannabis facilities shall not sell, provide, store, or distribute any alcoholic beverages or tobacco products, or allow such products to be consumed on the premises.
G. 
Cannabis facilities shall not advertise in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis goods.
H. 
Each cannabis facility shall display a copy of its cannabis facilities regulatory permit issued pursuant to this chapter in a conspicuous place at or near the entrance to the premises.
I. 
Cannabis facilities shall not permit a physician to evaluate potential medicinal cannabis patients or to provide a physician's recommendation for medicinal cannabis within its premises. Cannabis facilities shall not offer or provide any form of remuneration to a physician who provides physician's recommendations for medicinal cannabis.
J. 
Waste Disposal. Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with Federal, State and local laws, regulations, rules or other requirements. This may include, but is not limited to, the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of cannabis concentrate.
K. 
Each cannabis facility must ensure that its licensed premises are maintained in a sanitary manner and activities on its licensed premises are conducted in a sanitary manner.
L. 
An operational and duly permitted cannabis facility operating under a lease agreement may sublet a designated portion of their premises to another duly permitted cannabis business for use as a separate cannabis facility provided that the following conditions are met:
1. 
The lease agreement does not prohibit transfers of leasehold interests.
2. 
The cannabis facilities must be physically separated.
3. 
Although the facilities may be located on the same premises, neither facility may utilize the same entry. Each facility must have their own individual ingress and egress points, and there shall not be a common access door to enter one facility from the other.
M. 
Hours of Operation. Except as otherwise provided in Chapter 17.180 of this Code, cannabis facilities may operate only between the hours of 6:00 a.m. and 10:00 p.m. and up to seven days per week.
N. 
If consumable cannabis goods (including, but not limited to, lollipops, brownies, cookies, ice cream, etc.) are present on-site or offered for distribution, then the cannabis facility shall secure any approval from the County of Riverside Department of Health Services required for handling food products.
O. 
Cannabis facilities shall have an electronic point of sale system that produces historical transactional data for review by the City Manager or designee for auditing purposes.
P. 
Odor Control. Cannabis facilities shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility. As such, cannabis facilities must install and maintain the following equipment or any other equipment which the City Manager or designee determines has the same or better effectiveness:
1. 
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
2. 
An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
Q. 
Each cannabis facility shall provide the City Manager or designee with the name, phone number, facsimile 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 cannabis facility or refer members of the public who may have any concerns or complaints regarding the operation of the cannabis facility. Each cannabis facility shall also provide the above information to its business neighbors located within 100 feet of the cannabis facility as measured in a straight line without regard to intervening structures, between the front doors of each establishment.
R. 
Create and maintain an active account within the state's track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial cannabis activity. In the event of system failure, the cannabis facility shall keep a hard copy record and transfer the information to the track and trace system within 24 hours of the system being available.
S. 
Cannabis facilities must pay all applicable taxes pursuant to Federal, State, and local law, including, but not limited to, the cannabis tax required by Title 3, State and local sales and use taxes, and State excise taxes.
T. 
Cannabis facilities shall fully comply with all applicable provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26211), Compassionate Use Act of 1996, the Medical Marijuana Program Act, the 2008 Attorney General Guidelines, 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.
U. 
Cannabis facilities shall create and maintain records of daily sign-in logs for all owners, employees, independent contractors, or any other person who will be engaged in the operation of the cannabis facility. A minimum of 30 days of daily sign-in logs shall be provided to the City Manager or designee upon a verbal or written request.
V. 
The City Manager or designee may impose reasonable terms and conditions on the proposed operations of the cannabis facility in addition to those specified in this chapter.
(Ord. 729 2-16-21; Ord. 732 3-2-21; Ord. 775 3-21-23; Ord. 777 3-21-23; Ord. 780 5-16-23; Ord. 801, 5/7/2024; Ord. 805, 10/15/2024)
In addition to the operation requirements of Section 5.50.080, storefront retail facilities shall comply with the requirements of this section.
A. 
Storefront retail facilities shall comply with Section 17.180.040 of this Code.
B. 
The display of cannabis and cannabis goods for sale shall be limited to retail areas and not be visible from outside the premises. Cannabis goods may be removed from their packaging and placed in containers to allow for customer inspection. The containers shall not be readily accessible to customers without assistance of retailer personnel. A container must be provided to the customer by the licensed retailer or its employees, who shall remain with the customer at all times that the container is being inspected by the customer. Cannabis goods removed from their packaging for display shall not be sold or consumed and shall be destroyed when no longer used for display.
C. 
Storefront retail facilities may sell or otherwise provide equipment, supplies, and cannabis accessories used to consume cannabis and cannabis goods.
D. 
A storefront retail facility that possesses edible cannabis goods shall comply with the provisions of all relevant State and local laws regarding the storage, handling, and sale of food.
E. 
A storefront retail facility may not sell any expired products, cannabis or cannabis goods. A storefront retail facility shall not alter, edit, or adjust in any manner an expiration date on any item or product once affixed by its manufacturer.
F. 
No storefront retail facility shall cause or permit the access, sale, or exchange of cannabis goods or products to any person who is not at least 21 years of age or at least 18 years of age with a valid physician’s recommendation for medical cannabis.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
In addition to the operation requirements of Section 5.50.080, nonstorefront retail facilities shall comply with the requirements of this section.
A. 
Nonstorefront retail facilities shall comply with Section 17.180.045 of this Code.
B. 
A nonstorefront retail facility that possesses edible cannabis goods shall comply with the provisions of all relevant State and local laws regarding the storage, handling, and sale of food.
C. 
A nonstorefront retail facility may not sell any expired products, cannabis or cannabis goods. A nonstorefront retail facility shall not alter, edit, or adjust in any manner an expiration date on any item or product once affixed by its manufacturer. D. No nonstorefront retail facility shall cause or permit the access, sale, or exchange of cannabis goods or products to any person who is not at least 21 years of age or at least 18 years of age with a valid physician’s recommendation for medical cannabis.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
In addition to the operation requirements of Section 5.50.080, cannabis cultivation facilities shall comply with the requirements of this section.
A. 
Cannabis cultivation facilities shall comply with Section 17.180.050 of this Code.
B. 
Cannabis cultivation facilities shall submit a full set of plans for approval of any and all CO2 enrichment systems and obtain an operational permit from the office of the Fire Marshal prior to installation and usage.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
In addition to the operation requirements of Section 5.50.080, cannabis manufacturing facilities shall comply with the requirements of this section.
A. 
Cannabis manufacturing facilities shall comply with Section 17.180.060 of this Code.
B. 
Edible cannabis goods shall be manufactured, packaged and labeled in compliance with State law and any implementing regulations adopted by the State.
C. 
All cannabis manufacturing facilities shall ensure that cannabis is obtained from permitted and licensed cultivation sources and shall implement best practices to ensure that all manufactured cannabis is properly stored, labeled, transported, and inspected prior to distribution at a legally permitted and licensed retailer.
D. 
Cannabis manufacturing facilities shall submit plans for approval of any and all extraction systems and usage of hazardous materials and obtain an operational permit from the office of the Fire Marshal prior to installation and usage.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
In addition to the operation requirements of Section 5.50.080, cannabis consumption space facilities shall comply with the requirements of this section. All cannabis consumption facilities shall comply with all of the following:
A. 
In addition to off-site sales, a cannabis consumption space facility may sell cannabis products for on-site consumption only to be consumed within the cannabis consumption areas. Such on-site sales must be done and consummated by an employee of the consumption facility via menu only.
B. 
Any cannabis-containing product not fully consumed on site, shall be properly packaged for the patron to take it off site.
C. 
The sale or consumption of alcohol or tobacco products is not allowed on the premises, and other consistent with State law.
D. 
The smoking, inhalation, consumption or ingestion of cannabis or cannabis products shall not be visible from any public place or any area where minors may be present.
E. 
Existing storefront retailers that add a cannabis consumption space facility use must comply with all of the following:
1. 
Limit patron access to the display of cannabis and cannabis goods and all retail areas and otherwise comply with all of State and local laws.
2. 
Have a designated entrance from the street or public sidewalk for patrons.
3. 
Have an internal connection or passage to the retail areas to facilitate the dispensing of cannabis product.
4. 
Secure the entrance at the point of entry from the cannabis consumption space into internal connection or passage.
F. 
Cannabis consumption space facilities may be located on an adjacent parcel or within a tenant space that is segregated and apart from any other cannabis facility provided it complies with all of the following:
1. 
Have a designated entrance from the street or public sidewalk for patrons
2. 
Have an internal connection or passage to the adjacent cannabis facility to facilitate the distribution of cannabis product.
3. 
Secure the entrance at the point of entry from the cannabis consumption space into the other cannabis facility.
G. 
The cannabis consumption space facility shall:
1. 
Create and maintain an active account within the State's track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial cannabis activity.
2. 
Ensure that the consumption of cannabis or cannabis products is not visible from the outside of the business.
3. 
Comply with any other conditions specified in their cannabis facility Conditional Use Permit and Regulatory Permit.
4. 
Ensure that cannabis consumption space facility shall have adequate security and lighting for the safety of patrons and to protect the premises from theft at all times.
5. 
Comply with all State law and local requirements, including alcohol requirements.
6. 
Notify patrons verbally and through posting of a sign in a conspicuous location that entry into the premises by persons under the age of 21 is prohibited.
7. 
Employ a person to be on the premises to supervise employees and patrons at all times during business hours.
8. 
Provide the Desert Hot Springs Police Department and all neighbors within 100 feet of the business with the name and phone number of a designated owner or agent to notify if there are operational problems with the establishment.
9. 
Install an odor-absorbing ventilation and exhaust system so that odor generated inside the premises is not detected outside the premises.
10. 
Ensure within twenty-four hours of any complaint concerning odor emanating from or originating within the facility, the owner or agent shall respond to the complaint in question and may be requested to file timely a written disclosure to the City documenting any and all actions taken and planned to address the odor complaints.
11. 
Ensure consumption areas shall be well-ventilated private areas that are partitioned off from access to all other areas of the retail establishment and are designed to prevent the flow of smoke to any other area of the establishment.
12. 
Properly designate any and all smoking areas, if applicable, and in compliance with all local and State laws.
13. 
Ensure all designated smoking areas shall be 50 feet from any residential property line.
14. 
Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods.
15. 
Properly repackage any and all cannabis or cannabis products that are partially consumed to be taken off site.
16. 
Ensure that all non-cannabis-infused food and drink must be prepared, sold, and served in accordance with State and local laws, regulations, and health standards.
1. 
Food prepared off-site may be delivered to cannabis consumption facility patrons.
2. 
If or when State laws and/or regulations allow for on-site food or drink preparation at consumption space facilities such uses may be allowed in accordance with State and County laws and regulations.
17. 
Ensure all food products, food storage facilities, food-related utensils, equipment, and materials shall be approved, used, managed, and handled in accordance with Sections 113700-11437 of the California Health and Safety Code, and California Retail Food Code. All food products shall be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases.
H. 
The cannabis consumption space facility shall not:
1. 
Allow any on-duty employee to consume any cannabis or cannabis products on the premises.
2. 
Distribute any free samples of cannabis or cannabis products on the premises.
3. 
Sell, serve, or permit the sale or serving of cannabis or cannabis products to patrons who are visibly intoxicated.
4. 
Permit any public nuisances, including any noise violations or other offenses to the public peace and safety.
5. 
Allow smoking or vaping of any product outside of designated and marked smoking areas, consistent with all local and State law.
I. 
Conditional Use Permit/Regulatory Permit Required. Storefront retailer facilities with a consumption space shall obtain both a City-issued Conditional Use Permit and Regulatory Permit for that consumption space. The number of Conditional Use Permits issued for cannabis facilities with a consumption space shall be above and beyond the limited number of Conditional Use Permits allowed for storefront retail facilities.
J. 
Cannabis facilities with a consumption space must comply with all provisions of this code and State law at all times.
K. 
The storefront retail facility and/or the on-site cannabis consumption space, or any other cannabis component of the consumption space permit shall be subject to all applicable local taxes, including, but not limited to, those in Chapter 3.34.
(Ord. 801, 5/7/2024)
In addition to the applicable requirements of this chapter, cannabis business parks shall comply with the requirements of this section.
A. 
Prior to commencing or continuing operations, the owner(s) of cannabis business parks shall obtain a cannabis facilities regulatory permit pursuant to the provisions of Section 5.50.040, except that a license pursuant to Business and Professions Code Section 26000 et seq., shall not be required. In addition, the owner(s) of cannabis business parks shall submit, as part of their application, the following materials:
1. 
Interior/Exterior Site Plan. Drawn to scale and fully dimensioned, showing the proposed layout of the cannabis park denoting all the use of areas of the cannabis business park, including cultivation, processing, storing, packaging, labeling, distribution, light manufacturing, manufacturing, cannabis nonstorefront retail, and laboratory testing, all access gates, all security cameras, guard houses/stations/offices, public areas, employee areas, doors, windows, storage, cultivation, dispensing, plus location of odor absorbing air ventilation and exhaust systems, and waste management areas, including hazardous waste.
B. 
For each current and prospective owner, applicant, employee, temporary employee, independent contractor, and any other persons engaged in the operation of the cannabis business park, a list of their criminal convictions in the State of California and in states other than California, if any, and any civil, administrative or legal judgment or other activities of a fraudulent nature.
C. 
Cannabis business parks shall develop and implement a security plan only for the common areas and areas within their exclusive control. Nothing in this chapter shall be construed to authorize cannabis business parks to create, manage, or implement security plans for the individual cannabis facilities located within such parks. The security plan for cannabis business parks must comply with Section 5.50.070 of this chapter. The cannabis business park shall be subject to reasonable inspections by the City Manager or designee in the same manner as cannabis facilities. In addition, the security plan shall include the following elements:
1. 
General Security Policies.
a. 
Security company.
b. 
Name, address, contact number.
c. 
Current private patrol operator or properly authorized and regulated private security license number issued by California Department of Consumer Affairs.
d. 
Provision for providing name(s) of all security guards and all required Guard Cards issued by California Department of Consumer Affairs information for each security guard employed.
e. 
At a minimum, security guards shall be posted at every operational access gate, at the security room to monitor security cameras, and at least one security guard assigned to patrolling the premises.
2. 
Exterior Perimeter.
a. 
Fencing.
b. 
Gates.
3. 
Exterior lighting locations.
4. 
Video security system.
5. 
Name of cannabis business park or cannabis tenant list.
6. 
Video surveillance equipment.
7. 
Camera coverage/camera placement (interior and exterior).
8. 
Location of monitoring equipment and staffing.
9. 
Method for maintaining operation during power outage.
10. 
Video monitoring computer application, IP address, and access usernames and passwords used to log in to the security camera system to view live footage, playback footage and to extract recordings.
11. 
Provision of Audible Interior/Exterior Alarm.
a. 
Cannabis business park.
b. 
Location of interior and exterior alarms.
c. 
Maintenance company for alarm system.
i. 
Name.
ii. 
Contact information.
12. 
Waste Management Storage and Disposal.
a. 
Regular green and other waste.
b. 
Hazardous waste.
c. 
Proof of utilization of waste company either contracted with the City or approved by the City.
13. 
Staffing plan to include:
a. 
General patrol staffing plan within and outside the cannabis business park.
b. 
Staffing of ingress and egress of the cannabis business park.
14. 
Access Control Plan.
a. 
Cannabis business park access.
b. 
Employees staffing of ingress and egress of the cannabis business park.
c. 
Vendors, visitors, contractor.
d. 
Provision for immediate access by City, State, or other officials.
e. 
Cannabis industry tenants.
f. 
Cannabis business park or cannabis tenant provided.
g. 
Method by which each cannabis tenant facility is secured, and access is under control of staff at all times.
15. 
Names and contact information of individuals associated with the cannabis business park.
16. 
Provide regularly updated maps depicting the occupied buildings and structures and tenant location and identities.
D. 
Nothing in this section shall be construed to prohibit any individual cannabis facility located within any cannabis business park from establishing an independent security plan, including security cameras, consistent with Section 5.50.070 of this chapter.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
A. 
Cannabis facilities and cannabis business parks shall maintain complete and accurate records specified in Business and Professions Code Section 26000 et seq., this chapter, and all other applicable recordkeeping regulations and shall make the same available for inspection and examination by the City Manager or designee upon request. All records specified in this subsection must be maintained for a minimum of seven years.
B. 
All 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. These records shall be maintained for two years from the date created and shall be made available to the City Manager or designee upon request.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis facility or cannabis business parks pursuant to this chapter. As a condition of approval, a regulatory permit as provided in this chapter, the owner, at the owner’s sole cost, shall:
A. 
Execute an agreement indemnifying the City and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City’s issuance of a permit under this chapter, the City’s approval of the operation of the cannabis facility or activity, or the alleged violation of any Federal, State, or local laws by the cannabis facility or any its officers, employees, or agents;
B. 
Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee;
C. 
Name the City as an additionally insured on all City required insurance policies;
D. 
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
E. 
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. 729 2-16-21; Ord. 777 3-21-23)
A. 
A regulatory permit is valid for one year from the date that the permit is issued unless suspended or revoked sooner.
B. 
Retroactive. It is the express intent of the City that the provisions of this chapter shall apply to all current cannabis facility operators.
C. 
Any current owner of a cannabis facility on the effective date of the ordinance codified in this chapter shall be required to renew their regulatory permit within six months from the effective date of the ordinance codified in this chapter, or earlier. Failure to do so shall be a violation of this chapter and subject to the penalties herein.
1. 
Regulatory permits issued within the six months prior to the effective date of the ordinance codified in this chapter shall be required to renew their regulatory permit within one year from the effective date of the ordinance codified in this chapter.
(Ord. 797, 3/19/2024)
A. 
Permits issued pursuant to this chapter are not transferable. Any unlawful transfer of a permit renders such permit void.
B. 
A permit issued pursuant to this chapter is valid only as to the permittee identified on the permit with respect to the premises identified on the permit. The permit shall not run with the land.
C. 
Change in Ownership. Any of the following changes in ownership affecting a permittee shall require the issuance of a new cannabis facilities regulatory permit pursuant to this chapter.
1. 
Any change affecting any ownership interest of a cannabis facility or person that results in a person holding an aggregate ownership interest of 20% or more of a cannabis facility, when that person did not previously hold an aggregate ownership interest of 20% or more in the cannabis facility.
2. 
Any change in the direction, control, or management of a cannabis facility.
D. 
Changes to a Cannabis Facility. Any of the following changes to the structure or operation of a cannabis facility shall require only a permit modification. A permittee seeking a permit modification as required under this subsection shall pay the required filing fee for a permit modification, as determined by resolution of the City Council, and provide such information, including the information required by Section 5.50.040, as may be required by the City Manager or designee. The City Manager or designee shall apply the criteria in Section 5.50.060 to decide whether to approve the modification. The decision of the City Manager or designee shall be final.
1. 
Any change affecting any ownership interest of a cannabis facility, including, but not limited to, any change in ownership that affects an ownership interest of less than 20% of the cannabis facility.
2. 
A change in the form or structure of a permittee. Notwithstanding any other provision of this section, a permittee may undertake any change in its form or structure, as long as the change in form or structure does not cause any change affecting an ownership interest. The permittee must promptly apply for and obtain a permit modification.
E. 
To renew a regulatory permit, a completed permit renewal application and renewal permit fee shall be submitted by the applicant no earlier than 60 calendar days but no later than 30 days before the expiration of the permit.
F. 
Failure to renew a regulatory permit as prescribed in this section shall result in the permit being terminated. In the event that the permit is terminated the operator must cease all operations as a cannabis facility.
G. 
Any application for renewal shall be denied if:
1. 
The permittee fails to conform to any of the provisions of this Code;
2. 
The permittee is delinquent in payment of any City taxes related to commercial cannabis activity; or
3. 
The permit is suspended or revoked at the time of the application.
H. 
Relocation. Permittees who will relocate their cannabis facilities from a temporary structure to a permanent structure, or from one location within a cannabis business park to another location within the same cannabis business park, must obtain the approval of the City Manager or designee and acquire the applicable State cannabis license for the new location prior to relocation.
(Ord. 729 2-16-21; Ord. 777 3-21-23; Ord. 797, 3/19/2024)
A. 
Visitors are persons who have not taken a background check and who are not applicants, owners, employees, temporary employees, independent contractors, or other persons engaged in the operation of the cannabis facility or cannabis business park, but who require entry to limited-access areas. State and City officials shall not be considered visitors. Visitors include contractors hired for maintenance or repairs, such as services for HVAC, electrical, plumbing, or similar work.
B. 
Visitors shall be required to sign a visitor log, which must include the individual’s name, date of entry, and purpose for entry into limited-access areas. Cannabis facilities and cannabis business parks shall confirm the visitor’s name and information by reviewing their government-issued identification. Only visitors 21 years of age or older may enter limited-access areas.
C. 
Visitors shall not be allowed to engage in the operation of the cannabis facility or cannabis business park.
D. 
Visitors shall be accompanied by an employee of the cannabis facility cannabis business park who has cleared the background check, and possesses a City issued cannabis identification card.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
A. 
Any permit issued pursuant to this chapter is subject to suspension, modification, or revocation as set forth in subsection B. Unless otherwise stated, the procedures to suspend, modify, or revoke a permit shall be governed by the applicable provisions set forth in Chapter 4.36 of this Code. Minor modifications are exempt from this section.
B. 
The City Manager or designee may suspend, modify, or revoke a permit issued pursuant to this chapter if any of the following, singularly or in combination, occur:
1. 
Any act or omission in violation of any provision of this Code, any condition of approval, any additional terms or conditions imposed pursuant to this chapter, or any other applicable Federal, State, or local law.
2. 
Operations cease for more than 90 calendar days, including during change of ownership proceedings.
3. 
Ownership is changed without securing a new permit.
4. 
Failure to maintain 90 days of security recordings.
5. 
Failure to allow reasonable inspection of security recordings, records, or the premises by authorized City officials.
6. 
The denial, revocation, or suspension of a license issued pursuant to Business and Professions Code Section 26000 et seq.
7. 
A conviction of an owner after issuance of the permit which would have disqualified such person pursuant to Section 5.50.050 of this chapter.
8. 
Failure to comply with any terms and conditions related to the permit.
9. 
Material misrepresentations or omissions.
10. 
Failure to pay local taxes as required by this Code.
C. 
Summary Suspension. The City Manager or designee may summarily suspend a permit if a cannabis facility or cannabis business park is conducted in a manner that poses an imminent threat to the public health and safety. The City Manager or designee shall serve written notice to the cannabis facility or cannabis business park explaining the basis for summary suspension.
D. 
Within 10 days of any summary suspension under subsection C, the City shall initiate a hearing to review the suspension pursuant to the applicable procedures contained in Chapter 4.36 of this Code.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
A. 
Within 14 calendar days after the date of a decision of the City Manager or designee to deny a permit, an aggrieved applicant may appeal such action to a hearing officer by filing a written appeal, along with a fee as established by resolution of the City Council, with the City Clerk setting forth the reasons why the decision was not proper.
B. 
The City Manager or designee shall select the hearing officer. Hearing officers shall be impartial third parties and shall not have any pecuniary interest in the proceeding over which he or she is presiding, nor any pecuniary interest in the outcome thereof.
C. 
As soon as practicable, but allowing sufficient time for providing notice of the hearing, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the citing officer of the same. The City shall prepare and serve a notice of hearing, which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the Administrative Hearing Officer at _________ on the _________ day of ________, ______ at the hour of ____ concerning your appeal filed pursuant to Section 5.50.220 of the Desert Hot Springs Municipal Code. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.
D. 
The City shall cause a copy of the notice of hearing to be provided to each appellant either by causing a copy of the notice to be delivered to each appellant personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal.
E. 
At the hearing, the hearing officer shall hear any evidence offered either in support of, or against, appellant’s claim, provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing and shall not be limited by the technical rules of evidence. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.
F. 
Each party appearing at the hearing shall have the following rights:
1. 
To call and examine witnesses;
2. 
To introduce documentary and physical evidence;
3. 
To cross-examine opposing witnesses;
4. 
To impeach any witness regardless of which party first called the witness to testify;
5. 
To rebut evidence; and
6. 
To be represented by anyone who is lawfully permitted to do so.
G. 
The hearing officer shall issue a written decision within 30 days following the conclusion of the hearing. The hearing officer shall cause a copy of the decision and compliance order to be served to each appellant either by causing a copy of the decision to be delivered to each appellant personally or by causing a copy to be delivered by first class mail, postage prepaid, and addressed to each appellant at the address shown on the appeal. The decision of the hearing officer shall be final.
H. 
Any appeal of the hearing officer’s decision shall be conducted pursuant to the California Code of Civil Procedure.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
The City Manager or designee may promulgate such administrative regulations as deemed necessary and appropriate that are consistent with this chapter and applicable State laws and regulations.
(Ord. 729 2-16-21; Ord. 777 3-21-23)
A. 
It is unlawful and a public nuisance for any person or entity to violate, or fail to comply with, any provisions or requirements of this chapter, or any condition or regulation adopted pursuant to it.
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 by a fine not to exceed $1,000.00, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
C. 
In lieu of issuing a misdemeanor citation, the City may issue an administrative citation, and/or assess an administrative fine of up to $1,000.00 for each violation of this chapter pursuant to the procedures set forth in Title 4.
D. 
A separate offense occurs for each day any violation of, or failure to comply with, any provision of this chapter is committed, continued, maintained, or allowed to be continued.
E. 
The prevailing party in any action, administrative proceeding, or special proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorney’s fees incurred in such action or proceeding. In no such action, administrative proceeding, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the action or proceeding.
F. 
The costs incurred by the City in the abatement of a violation or nuisance may be placed against any privately owned and affected property as either a special assessment pursuant to Section 4.24.410 of this Code and California Government Code Section 38771 et seq., as amended from time to time, or a lien pursuant to Section 4.24.420 of this Code and California Government Code Section 54988, as amended from time to time.
G. 
Cumulative Remedies. The remedies provided herein are not exclusive, and in the event of any violation of this chapter, the City may pursue any and all administrative, civil, and criminal remedies, as provided by law or equity, including all remedies under Title 4 of this Code.
(Ord. 729 2-16-21; Ord. 777 3-21-23)