[1]
Prior ordinance history: Ord. Nos. 11-1 and 17-7.
A.
On October 9, 2015, Governor Brown approved a series of bills commonly
referred to as the "Medical Cannabis Regulation and Safety Act" (MCRSA),
effective January 1, 2016, which created a state licensing and regulatory
framework for the cultivation, manufacture, transportation, storage,
distribution, and sale of medical cannabis.
B.
In November 2016, California voters approved Proposition 64, known
as the "Control, Regulate and Tax Adult Use of Marijuana Act," referred
to as the "Adult Use of Marijuana Act" (AUMA), which legalized, subject
to certain restrictions, specified nonmedical or adult cannabis uses
for purposes of state law.
C.
Thereafter, the state legislature passed the "Medicinal and Adult-Use
Cannabis Regulation and Safety Act" (MAUCRSA), which reconciled the
differences between MCRSA and AUMA, and created a comprehensive state
licensing and regulatory framework for the cultivation, manufacture,
transportation, storage, distribution, delivery and sale of both adult
and medicinal use of cannabis.
D.
It is the purpose and the intent of the city council to regulate
cannabis businesses consistent with state law and to protect the health,
safety, and welfare of the residents of West Sacramento. The regulations
in this chapter do not interfere with a qualified patient's right
to obtain and use cannabis as authorized by state law, nor do they
criminalize the possession or cultivation of cannabis by certain individuals
as allowed under state law.
E.
Cannabis businesses shall comply with all provisions of the West
Sacramento Municipal Code, state law, and all other applicable local
codes and regulations, including all applicable land use and zoning
regulations imposed on cannabis businesses. It is the intent of this
chapter neither to condone or legitimize the illegal use or consumption
of cannabis under federal, state, or local law, nor to authorize the
operation of a legal business in an illegal manner.
F.
It is the purpose and the intent of the city council to afford opportunities
for those parties negatively and disproportionately impacted by the
War on Drugs and to advance social equity and opportunity.
(Ord. 23-1, 3/15/2023)
For purposes of this chapter, the following definitions shall
apply:
see West Sacramento Municipal Code Chapter 17.51.
means all uses of cannabis and cannabis products by adults
twenty-one years of age and over, also referred to as "recreational"
or "personal" cannabis use.
refers to the California State law entitled "Control, Regulate
and Tax Adult Use of Marijuana Act of 2016," also known as Proposition
64, and any regulations promulgated thereunder.
means the minimum separation distance between a particular commercial cannabis activity or use and a particular "sensitive land use" or activity, e.g., schools, child day care facility, or youth community centers, as designated by state laws or regulations, or as set forth in this chapter and in Title 17 (Zoning). The separation distance shall be the horizontal distance measured in a straight line from the property line of the sensitive use to the closest property line of the lot on which the commercial cannabis activity or use is to be located, without regard to intervening structures ("as the crow flies").
includes the term "marijuana" and means 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. "Cannabis" also means the separated resin, whether
crude or purified, obtained from cannabis. "Cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination, as defined by
California Business and Professions Code Section 26001(f), or any
successor statute thereto. For this chapter, "cannabis" does not mean
"industrial hemp" as defined by Section 11018.5 of the Health and
Safety Code, as that section may be amended or interpreted by the
California courts or superseded by any successor statute.
means any equipment, products, materials or paraphernalia
of any kind which are used, intended for use, or designed for use
in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, smoking, vaporizing, or
containing cannabis, or for ingesting, inhaling, or otherwise introducing
cannabis or cannabis products into the human body, as defined by California
Health and Safety Code Section 11018.2, or any successor statute thereto.
means any commercial operation engaged in the lawful sale,
manufacture, distribution, processing, cultivation, and/or testing
of cannabis and cannabis products.
means a person who is entitled to a share of at least twenty
percent of the profits of the commercial cannabis business, as defined
by California Code of Regulations Section 15003.
means marijuana or cannabis that has undergone a process
whereby the plant material has been transformed into a concentrate,
including, but not limited to, concentrated cannabis, an edible, a
topical product containing cannabis, or concentrated cannabis and
other ingredients, as defined by Health and Safety Code Section 11018.1,
or any successor statute thereto.
means, collectively, the regulations codified at: California Business and Professions Code Section 26000 et seq., "Medicinal and Adult-Use Cannabis Regulation and Safety Act" (MAUCRSA); California Code of Regulations Title 4, Division 19, Department of Cannabis Control; and any successor regulations thereto. The generic terms "regulations" or "laws" include cannabis regulations.
means the compound cannabidiol, as defined by the California Code of Regulations, Title 17, Division 1, Chapter 13, Section 40100, or any successor statute or regulation thereto.
means the city of West Sacramento chief of police or designee.
means, collectively, any applicable local cannabis license,
cannabis permit, stamp, signature, or other notation on approved plans,
use permit, minor use permit, administrative permit, zoning clearance,
variance, exception, building permit, business or other license, environmental
permit, or other applicable entitlement or approval, and compliance
with applicable state and local laws and regulations.
means a revocable license that is issued by the city manager
for a cannabis business or commercial activity, which is permitted
under this chapter and licensed by the state, as identified in California
Business Code Section 26050(a), or any successor statute therein.
means the city of West Sacramento city manager or designee.
means a natural person twenty-one years of age or older,
a qualified patient, or a primary caregiver, as defined by California
Business and Professions Code Section 26001(n), or any successor statute
thereto, or anyone else authorized to purchase cannabis or cannabis
accessories under California law.
means the lead state agency or successor agency responsible
for regulating and licensing commercial medicinal and adult use cannabis
in California, which is also responsible for licensing retailers,
distributors, testing laboratories, microbusinesses, and temporary
cannabis events.
means the commercial transfer of cannabis or cannabis product
or products to a customer, and includes the use by a cannabis retailer
of any technology platform, as defined by California Business and
Professions Code Section 26001(p), or any successor statute thereto.
Dispensary. See "Retailer."
means any location that is within a fully enclosed nonresidential
building or structure, or private residence.
means a crop that is limited to types of the plant Cannabis
sativa L. having no more than three tenths of one percent tetrahydrocannabinol
(THC) contained in the dried flowering tops, whether growing or not;
the seeds of the plant; 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 produced therefrom.
means the Medicinal and Adult Use Cannabis Regulation and
Safety Act (Business and Professions Code Section 26000 et seq.).
means the Medical Cannabis Regulation and Safety Act.
means the use of cannabis for the purposes set forth in the
Compassionate Use Act and the Medical Marijuana Program Act, as defined
in California Health and Safety Code Section 11362.5, or any successor
statute thereto.
means a cannabis business allowed to engage in the cultivation
of cannabis on an area less than ten thousand square feet, and to
act as a licensed distributor, Level 1 manufacturer (Type 6 license),
if duly licensed by the Department of Cannabis Control, as defined
by California Business and Professions Code Section 26070(a)(3)(A),
or any successor statute thereto. A microbusiness shall engage in
at least three of the following commercial cannabis activities: non-storefront
retail, distribution, distribution-transport only, manufacturing,
and/or cultivation.
means any person who is under twenty-one years of age.
means a cannabis business or commercial activity that is
closed to the public and only sells cannabis, cannabis products, and
cannabis accessories exclusively through delivery, as defined by California
Business and Professions Code Section 26001(p), or any successor statute
thereto.
means any location within the city that is not within a fully
enclosed nonresidential building or structure, or within a private
residence.
means any parcel of real property that may be separately
sold in compliance with the Subdivision Map Act (California Government
Code Section 66410 et seq.). A parcel may or may not be improved,
including, but not limited to, buildings, structures, and/or private
residences.
Includes any individual, firm, entity, 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,
as defined by California Business and Professions Code Section 26001(an),
or any successor statute thereto.
as defined by California Health and Safety Code Section 11362.7(d),
or successor statute thereto, means an individual, designated by a
qualified patient or by the person with an identification card, who
has consistently assumed responsibility for the housing, health, or
safety of that patient or person, including cases in which a qualified
patient or person receives medical care or supportive services, or
both, from: (1) a clinic licensed pursuant to Chapter 1 of Division
2 of the Health and Safety Code; (2) a health care facility licensed
pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
(3) a residential care facility for persons with chronic life-threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code; (4) a residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
and (5) the delivery, administration or provision of medical cannabis
by a designated primary caregiver to the qualified patient of the
primary caregiver or the person with an identification card who has
designated the individual as a primary caregiver at the primary residence
of the qualified patient or person with an identification card who
has designated the individual as a primary caregiver.
means a legally permitted house, an apartment unit, a mobile
home, an accessory dwelling unit, or other similar dwelling. To the
extent allowed by law, a private residence must be currently, presently,
and lawfully utilized as the primary dwelling of one or more natural
persons.
means a patient that uses or ingests cannabis or cannabis
products for medical purposes, as defined in California Health and
Safety Code Section 11362.7, or any successor statutes thereto.
means, collectively, any applicable state cannabis license,
state or regional environmental permit, laws, rules, regulations,
or other applicable entitlement or approval, and compliance with applicable
state and local laws and regulations.
means a cannabis business, either "storefront retailer" or
"non-storefront retailer," which provides for the retail sale and/or
delivery of cannabis, cannabis products, and cannabis accessories
to customers from a physical location from which commercial cannabis
activities are conducted, as that term is used in California Business
and Professions Code Section 26070 et seq., or any successor statute
thereto.
means a legally established use within the city consisting
of: (1) a public or private school that provides on-site instruction
from transitional kindergarten to grade 12 with an enrollment of at
least one hundred students; (2) a child day care facility, other than
a large or small licensed family day care home, and includes infant
centers, preschools, extended day care facilities, and school age
child care centers; or (3) a youth community center, which is defined
as a public or private facility that is primarily used to host recreational
or social activities for minors, including, but not limited to, private
youth membership organizations or clubs, social service teenage club
facilities, video arcades, or similar amusement park facilities. Youth
community center does not include martial arts studios, swim schools,
music classes, painting classes, gymnastic studios, theatre companies,
birthday party rooms, science and educational facilities, performing
arts studios, and tutoring facilities.
means any license or permit issued by a state agency for
a cannabis use, activity or type, as identified in California Business
and Professions Code Section 26050(a), or any successor statute thereto.
means a cannabis business or commercial activity that has
premises with direct physical access for the public.
means the compound 9-tetrahydrocannabinol, as defined by the California Code of Regulations, Title 17, Division 1, Chapter 13, Section 40100, or any successor statute or regulation thereto.
(Ord. 23-1, 3/15/2023)
A.
City cannabis license required. No retail cannabis business shall be allowed to operate within the city unless the cannabis business first obtains a city cannabis license from the city manager. The city cannabis license shall be specific to the location where the cannabis business will operate and shall specify the type of commercial cannabis activity. Multiple operating locations for the same cannabis business will require separate city cannabis licenses. In addition, multiple cannabis activities shall require separate city cannabis licenses for each license type, as described in subsection E of this section.
B.
Approvals required prior to commencing operation. No cannabis business
may operate in the city until the business has obtained the following:
1.
The appropriate land use approval (development agreement, design
review, administrative approval, and/or zoning clearance) from the
city, including the appropriate environmental review under the California
Environmental Quality Act (CEQA);
2.
The corresponding state license or regulatory approval for the specific
cannabis use or activity.
3.
A city cannabis license from the city.
4.
A fully executed development agreement if required by the city.
C.
Revocable License. Any city cannabis license issued under this chapter
is a revocable license; the issuance or granting of a license under
this chapter expressly does not constitute or provide for a permanent
right or vested land use right to conduct a cannabis business, use,
or cannabis commercial activity with the city.
D.
Types of Licenses. A cannabis business may apply for any of the following
city cannabis licenses for cannabis businesses operating within city
limits:
1.
City Cannabis Microbusiness License. A city cannabis microbusiness
license is required for a cannabis business that conducts at least
three of the following activities: (a) cultivation (indoor only) of
cannabis in an area less than ten thousand square feet; (b) distribution;
(c) manufacturing; (d) non-storefront retail; and/or (e) distribution-transport
only.
2.
City Cannabis Non-Storefront Retailer License. A city cannabis non-storefront
retailer license is required for a cannabis business or commercial
activity which provides for the retail sale of cannabis and cannabis
products to customers from a physical location via delivery and is
closed to the public.
3.
City Cannabis Storefront Retailer License. A city cannabis storefront
retailer license is required for a cannabis business or commercial
activity which provides for the retail sale of cannabis and cannabis
products to customers from a fixed location with direct physical access
for the public and includes delivery (see city cannabis non-storefront
retailer license).
4.
Equity Cannabis Applicants. A person or party may apply for one or
more of the above license types as an equity applicant. (Equity program
approved through administrative regulation by council resolution.)
E.
Determination of City Cannabis License Type. As the state or the
department of cannabis control develops additional or amends existing
state licenses for cannabis businesses or activities, the city manager
shall have the discretion to issue a city cannabis license to the
extent the additional state license businesses or activities are like
any of the city cannabis license types approved to be issued by the
city.
F.
Exceptions to City Cannabis License Requirement. The following noncommercial
activities are allowed and do not require a city cannabis license
under this chapter, provided the use or activity does not constitute
a commercial cannabis business or activity and complies with state
and local laws:
1.
Possession of not more than 28.5 grams of cannabis not in the form
of concentrated cannabis by persons twenty-one years of age or older
for personal consumption.
2.
Possession of no more than eight grams of cannabis in the form of
concentrated cannabis, including as contained in cannabis products,
by persons twenty-one years of age or older for personal consumption.
3.
Possession, planting, cultivating, harvesting, drying, or processing
of not more than six living cannabis plants by persons twenty-one
years of age or older in a private residence or inside an accessory
building or structure on a parcel developed with a private residence,
within a fully enclosed, secure, locked space, for noncommercial use/purposes
consistent with state law.
4.
Possession by a qualified patient or primary caregiver.
(Ord. 23-1, 3/15/2023)
A.
The city manager shall prepare Administrative Procedure Guidelines
and Review Criteria for the city's evaluation of cannabis business
permit applications and subsequent issuance including an equity pilot
program as approved by the city council;
B.
The Administrative Procedure Guidelines shall provide the process
for soliciting applications including timeframes, limitations, requirements,
forms, and rules for completing applications;
C.
The review criteria shall include detailed instructions on the methodology
to be used to evaluate applications on a point, or other evaluation
system, tied to particular sets of criteria;
D.
The review criteria shall be applied to determine which candidates
will be eligible to proceed to the final selection process as determined
by the city manager;
E.
The city manager shall be authorized to prepare any necessary forms
and adopt any necessary rules to implement the Administrative Procedure
Guidelines and review criteria.
(Ord. 23-1, 3/15/2023)
A.
Review of Application. The city manager shall consider the application,
and the results from any investigation into the application, as deemed
necessary by the city manager.
B.
Notification of Decision. The city manager's notification of
his or her decision on the application shall be made in writing and
shall either include conditions of approval, if deemed necessary by
the city manager, or the reasons for the denial of the application.
Notification of denial shall be delivered by first class mail to the
applicant. If denied, no license shall be issued unless a successful
appeal of the denial is made within the requisite time frame.
C.
Appeal of Decision.
1.
Within ten calendar days after the date of the city manager's
decision, an applicant may appeal the decision by notifying the city
clerk in writing of the appeal, the reasons for the appeal, and paying
any applicable fees.
2.
The city clerk shall set a hearing on the appeal and shall fix a
date and time certain, within forty-five calendar days after the receipt
of the applicant's appeal, unless the city and the applicant
agree to a longer time, to consider the appeal. The city clerk shall
provide notice of the date, time, and place of hearing.
3.
The city manager shall appoint a hearing officer to hear the appeal
and determine the order of procedure, and rule on all objections to
admissibility of evidence. The applicant and the city manager shall
each have the right to submit documents, call and examine witnesses,
cross-examine witnesses, and argue their respective positions. The
proceeding shall be informal, and the strict rules of evidence shall
not apply, and all evidence shall be admissible which is of the kind
that reasonably prudent persons rely upon in making decisions.
4.
The hearing officer shall issue a written decision within fifteen
calendar days after the close of the hearing. The decision of the
hearing officer shall be final.
D.
Grounds for Denial, Renewal Denial, Revocation, or Suspension of
License. The granting of a license or a renewal thereof may be denied,
and an existing license revoked or suspended if:
1.
The cannabis business owner has knowingly made a false statement
in the application or in any reports or other documents furnished
to the city.
2.
The cannabis business owner has been convicted of an offense that
is substantially related to the qualifications, functions, or duties
of the cannabis business for which the application is made, which
includes, but is not limited to:
a.
A violent felony conviction, as specified in Penal Code Section
667.5(c).
b.
A serious felony conviction, as specified in Penal Code Section
1192.7.
c.
A felony conviction involving fraud, deceit or embezzlement.
d.
A felony conviction for hiring, employing, or using a minor
in transporting, carrying, selling, giving away, preparing for sale,
or peddling any controlled substance to a minor; or selling, offering
to sell, furnishing, offering to furnish, administering, or giving
any controlled substance to a minor.
e.
A felony conviction for drug trafficking with an enhancement
pursuant to Health and Safety Code Section 11370.4 or 11379.8.
3.
The cannabis business or a cannabis business owner has been sanctioned
by a licensing authority or other city or county for unauthorized
commercial cannabis activity.
4.
The granting or renewing of the license would perpetuate or encourage
any of the following:
a.
Providing or exposing cannabis or cannabis products to minors;
b.
Generation of revenue from the sale of cannabis or cannabis
products to fund criminal enterprises, gangs, cartels, and similar
persons;
c.
Diversion of cannabis or cannabis products to jurisdictions
outside of the state;
d.
Trafficking of other illegal drugs or facilitation of other
illegal activity;
e.
Violence or the use of firearms;
f.
The illegal or unauthorized use of public lands in the cultivation
of cannabis; or
g.
The use of federal property for commercial cannabis activity.
5.
For any other reason that would allow the state to deny a license
or permit under AUMA, MCRSA, and/or MAUCRSA, or any other state law.
6.
Fails to pay required city fees and taxes.
7.
Violates any provision of AUMA, MCRSA, MAUCRSA, state license, city
cannabis license, or the West Sacramento Municipal Code (including
the zoning code).
8.
Except as provided in subsections (D)(2)(d) and (e) of this section, an application for a city cannabis license shall not be denied if the sole ground for denial is based upon a prior conviction of either Section 11350 or Section 11357 of the California Health and Safety Code. An application for a license also shall not be denied if the state would be prohibited from denying a license pursuant to either Section 26057(b)(5) or Section 26059 of the California Business and Professions Code. Conviction of any controlled substance felony after license issuance shall be grounds for revocation of a license or denial of the renewal of a license.
9.
The cannabis business is in violation of the West Sacramento Municipal
Code (including Zoning Code).
10.
The cannabis business is in violation of applicable state and
local laws and regulations.
11.
The cannabis business or cannabis business owner does not have
current, valid state or regulatory approval or is in violation of
a state or regulatory approval.
12.
The cannabis business is in violation of any city approval,
including conditions imposed on the license for the commercial cannabis
activity or use.
E.
Suspension and Revocation.
1.
If the city manager deems continuation of the operation of a cannabis
business will cause a significant threat to the health, safety or
welfare of the public, the chief of police may immediately suspend
the city cannabis license and all rights and privileges thereunder
until a hearing officer renders a written decision on the revocation
of the city cannabis license.
2.
The city manager shall give notice to the cannabis business of his
or her intent to revoke a city cannabis license in the same manner
as the notice of the application decision and provide the city clerk
with a copy of the notice.
3.
The hearing for the revocation of the city cannabis license shall
be set and conducted in the same manner as an appeal of decision.
The decision of the hearing officer shall be final.
(Ord. 23-1, 3/15/2023)
A.
Duration. The city cannabis license shall be valid for one year from
the date of issuance.
B.
Renewal. A license renewal application and any applicable fees must
be submitted at least sixty days before the expiration of the license.
Failure to submit a renewal application prior to the expiration date
of the license will result in the automatic expiration of the license
on the expiration date. License renewal is subject to the laws and
regulations effective at the time of renewal, which may be substantially
different than the regulations currently in place and may require
the submittal of additional information to ensure that the new standards
are met. No person shall have any entitlement or vested right to receive
a license under this chapter.
C.
Application Deemed Withdrawn. To promote efficient review and timely
decisions, any cannabis license application governed under this chapter
will be automatically deemed withdrawn by the applicant, without any
further action by the city, if the applicant fails to tender a substantive
response to the city within forty-five calendar days after the police
department deems the application incomplete in a written notice to
the applicant. The police department may, in its sole and absolute
discretion, grant a written extension for up to a total of fifteen
calendar days if the applicant submits a written request prior to
the deemed-withdrawn date that shows good cause to grant the extension.
Any extension shall be subject to additional fees.
D.
License Expiration. Any city cannabis license approved pursuant to
this chapter or pursuant to a competitive selection process shall
automatically expire and become null and void, without any further
action by the city, unless the proposed cannabis use is established
within twelve months from the date of approval by the decision-making
body or if the cannabis use ceases for a period of twelve months,
as determined by the city manager, at any time after its commencement.
The city manager may, at its sole and absolute discretion, grant a
written extension for an additional six months, if the applicant submits
a written request prior to the expiration date that demonstrates that
they have diligently attempted to exercise the license but were unable
due to circumstances beyond their control. Any extension shall be
subject to any additional fees.
E.
Resubmittal.
1.
Resubmittal prohibited within twelve months. For a period of twelve months following expiration of a cannabis license application or expiration of a cannabis license, no application for the same or substantially similar license for the same site shall be submitted. If a new application is allowed pursuant to subsection (E)(2) of this section, a completely new application shall be filed, including all submittal requirements and current filing fees, in accordance with the requirements of this chapter.
2.
City Determination. The community development department shall determine
whether the new application is the same or substantially similar to
the expired application or license and shall issue a written determination
to the applicant.
3.
Appeal. The determination of the community development department
may be appealed to the administrative hearing officer within ten calendar
days of the date of decision. The decision of the administrative hearing
officer shall be final.
(Ord. 23-1, 3/15/2023)
A.
A city cannabis license is nontransferable to another location, and
no transfer to another cannabis businessowner or modifications to
a permitted facility may be made unless the city manager approves
the transfer or modification. The city manager may also refer the
request for transfer or modification to the city council for consideration.
B.
A request for change in license ownership or of key employees who
make operational, or management decisions shall be submitted to the
city manager on a city form at least sixty days prior to the anticipated
transfer of ownership, or, in the case of change of management employees,
within fifteen calendar days, together with any applicable fee(s).
Requests submitted later than these time periods will be processed
only in the city's discretion and may be subject to an expedited
processing fee. A new owner(s) or key employees shall meet all requirements
for applicants of an initial license. The request shall include the
following information:
1.
Identifying information for the new cannabis business owner(s) and
management as required in an initial city cannabis license application;
2.
A written certification by the new cannabis business owner as required
in an initial license application;
3.
The specific date on which the transfer is to occur; and
4.
Acknowledgment of full responsibility for complying with the existing
license.
C.
Change in Security Plan. A request to modify the security plan shall
be submitted to the city manager in writing at least thirty days prior
to the anticipated change, together with the applicable fee.
D.
Change of Contact Information. A request for change in cannabis business
contact information shall be submitted to the city manager in writing
at least thirty days prior to the anticipated change, together with
the applicable fee.
(Ord. 23-1, 3/15/2023)
A.
State License. The cannabis business shall hold a valid state license
for the equivalent state license type for the entire duration of the
city cannabis license.
B.
Sensitive Land Use. No cannabis business shall be located within two hundred fifty feet of a sensitive land use, as defined in Section 5.28.020.
C.
Prohibited Products. No cannabis business may sell, store, distribute
or allow the consumption of any alcoholic beverages or tobacco products
on or at any premises where cannabis is sold.
D.
Cannabis Consumption On Site Prohibited. No cannabis business may
allow, permit, or provide for the consumption of cannabis products
on site where the cannabis business is located, with or without compensation.
E.
Hours of Operation. All permitted facilities, except for storefront
retail, shall be closed to the general public. No direct sales of
cannabis or cannabis products to the general public shall occur from
businesses without a licensed retail component, except via delivery
from a licensed business to a private residence. The city manager
may limit the hours for transporter deliveries and pick-ups. Storefront
retail cannabis businesses shall not be open to customers outside
of 7:00 a.m. to 10:00 p.m. daily without authorization from the city
manager.
F.
Odor Control. Odors shall be contained within the licensed tenant
space on which the commercial cannabis activity is located. Cannabis
licensees shall prevent all odors generated from the cannabis use
from escaping buildings to the extent that odor cannot be detected
by a reasonable person of normal sensitivity outside the buildings,
on adjacent properties or public rights-of-way, or within any other
unit located within the same building as the cannabis licensee, if
the use only occupies a portion of a building. If the city receives
any odor complaints and determines that cannabis odor is not being
controlled as required by this chapter, the cannabis business shall
work with the city staff to correct odor concerns. Unresolved or repeated
odor complaints may be the basis for suspension or revocation of the
city cannabis license or denial of city cannabis license renewal.
G.
Business Conducted Within Building. No production, distribution,
storage, display or wholesale of cannabis and cannabis products shall
be visible from the exterior of the building where the commercial
cannabis activity is being conducted, except as authorized by the
city manager.
H.
Protection of Minors. No cannabis business shall employ anyone who
is younger than twenty-one years of age. No cannabis business shall
sell or advertise to sell any cannabis, cannabis product or cannabis
accessory to minors, except in circumstances where the minor is over
eighteen years of age and is permitted or allowed by state law to
purchase or possess medicinal cannabis, as set forth in California
Business and Professions Code Section 26140, or any successor statute
thereto.
I.
Security. All cannabis businesses shall maintain a commercial burglar
alarm monitoring system, install a video surveillance system, and
comply with the security plan approved by the city manager. A cannabis
business shall notify the city manager and the police department immediately,
and within twenty-four hours after discovering any of the following:
1.
Diversion, theft, loss, or any criminal activity involving the cannabis
or cannabis products or any agent or employee of the licensee.
2.
The loss or unauthorized alteration of records related to cannabis
or cannabis products, registered qualifying patients, primary caregivers
or employees or agents.
3.
Significant discrepancies identified during inventory.
4.
Any other material breach of security.
J.
Labeling and Packages. Labels and packages of cannabis and cannabis
products shall meet all state and federal labeling and packaging requirements.
K.
Inspections. City representatives may enter and inspect the property
of every cannabis business to ensure compliance and enforcement of
the provisions of this chapter, except that the inspection and copying
of private medical records shall be made available to the police department
only pursuant to a properly executed search warrant, subpoena, or
court order. Such inspections shall occur during normal regular business
hours unless the city has provided prior written notice to the cannabis
business for an after-hours inspection. Upon request, the cannabis
business shall timely provide the city official with records related
to the business, including, but not limited to, utility bills from
the commercial energy provider for the premises, inventory, financial
records, and inventory tracking records. This section shall not limit
any inspection authorized under any other provision of law or regulation.
Cannabis businesses shall make inspections available not less than
every two months.
L.
Business License. Obtain and maintain a business license from the
city.
M.
Insurance. Maintain at all times commercial general liability providing
coverage at least as broad as ISO CGL Form 00 01 on an occurrence
basis for bodily injury, including death, of one or more persons,
property damage and personal injury with limits of not less than two
million dollars per occurrence and comprehensive automobile liability
(owned, non-owned, hired) providing coverage at least as broad as
ISO Form CA 00 01 on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury,
with limits of not less than two million dollars. The commercial general
liability policy shall provide contractual liability, shall include
a severability of interest or equivalent wording, shall include an
endorsement that specifies the insurance coverage afforded to the
city shall be primary and noncontributory, and shall name the city,
its officials, and employees as additional insured. Failure to maintain
insurance as required herein at all times shall be grounds for suspension
of the city cannabis license immediately and, ultimately, revocation.
N.
Indemnification. By accepting the city cannabis license and executing
the application form, each licensee agrees to indemnify, defend and
hold harmless to the fullest extent permitted by law the city, its
officers, officials, agents and employees from and against any and
all actual and alleged damages, claims, liabilities, costs (including
attorney's fees), suits or other expenses resulting from and
arising out of or in connection with licensee's operations, except
such liability caused by the active negligence, sole negligence or
willful misconduct of the city, its officers, agents and employees.
O.
Recordkeeping. Maintain, for a minimum of seven years, a written
accounting or ledger of all cash, receipts, credit card transactions,
and reimbursements (including any in-kind contributions), as well
as records of all operational expenditures and costs incurred by the
licensee in accordance with generally accepted accounting practices
and standards typically applicable to business records, which shall
be made available to the city during business hours for inspection
upon reasonable notice by the chief of police.
P.
Notice of Violations. Notify the city manager within three calendar
days of any notices of violations or other corrective action ordered
by a state or other local licensing authority and provide copies of
the relevant documents.
Q.
Building Permits. The cannabis business shall obtain all building
permits required pursuant to Title 15 for any electrical, plumbing,
or other construction activities.
R.
Planning Permits. The cannabis business shall obtain all planning
permits, as required by the city's zoning code. Cannabis businesses
are required to upgrade any property that does not meet current development
standards and shall submit a complete design and site review application
for review and approval prior to occupancy.
S.
Sewer Discharge. No cannabis, cannabis byproducts, or associated
hazardous materials may be discharged into the sanitary sewer system
(including, but not limited to, sinks, toilets, or storm drains).
T.
Secure Trash Receptacles. All indoor and outdoor trash receptacles
shall be locked and secured in manner to prevent tampering, theft,
and/or removal of any cannabis refuse or the trash receptacle.
U.
Waste Disposal. Disposal of cannabis, cannabis products, and cannabis
waste shall occur in accordance with state law.
V.
Temporary Cannabis Events. Temporary cannabis events are prohibited
within the city.
W.
Other Agency Approvals. The cannabis business shall be required to
obtain approval from any other agencies having jurisdiction.
(Ord. 23-1, 3/15/2023)
In addition to the general conditions included in Section 5.28.080, the following city cannabis licenses approved or issued by the city manager shall also be subject to the following conditions as deemed appropriate to the proposed commercial cannabis activity or use:
A.
City cannabis microbusiness license. A city cannabis microbusiness
license is subject to the following conditions:
1.
Storefront retail as part of a microbusiness license is prohibited.
2.
Submittal of a dimensioned floor plan showing location of separate
components of microbusiness (type of cannabis uses) and their respective
square footage.
3.
If non-storefront retail is proposed, the business shall comply with all conditions included in subsection (A)(2) of this section.
4.
If cultivation is proposed:
a.
Outdoor cultivation is prohibited.
b.
Cultivation of cannabis shall be conducted in accordance with
all applicable federal, state, and local laws and regulations governing
the use of pesticides. Any fumigation or insecticidal fogging shall
comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal
Fogging).
c.
All cultivation operations shall submit an odor control and
mitigation plan with detailed information about the proposed ventilation
system, including technical specifications indicating that the system
can prevent the release of cannabis odors from the cultivation operation.
d.
All cultivation operations shall submit a wastewater and water
conservation plan.
B.
City Cannabis Non-Storefront Retailer License. A city cannabis retail
non-storefront license is subject to all of the following conditions:
1.
All cannabis products shall be loaded and unloaded inside a building.
2.
The number, location, and hours of security guards shall be included
in the application submittal.
3.
A theft prevention plan shall be reviewed and approved by the chief
of police or designee.
4.
Any other specific conditions as directed by the city council as
part of a competitive selection process.
C.
City Cannabis Storefront Retailer License. A city cannabis retail
storefront license is subject to all of the following conditions:
1.
An applicant for a storefront retailer license shall be subject to
a hybrid competitive merit-based evaluation and lottery process, as
established by the city council.
2.
A security plan must include procedures for verifying identification
of customers both before entering the retail establishment and again
before receiving cannabis or cannabis products.
3.
The number, location, and hours of security guards shall be included
in the application submittal.
4.
A theft prevention plan shall be reviewed and approved by the chief
of police or designee.
5.
On-site security guard(s) shall monitor activity within one hundred
fifty feet of building entrance to ensure no cannabis consumption
is occurring in the vicinity of the business, including parking areas.
6.
A neighborhood responsibility plan that demonstrates how the business
will reduce adverse impacts to the surrounding neighborhood, including
neighborhood outreach, methods for future communication, and dispute
resolution, shall be submitted and approved by the city.
7.
Cannabis and cannabis products that are not used for display purposes
or immediate sale shall be stored in a secured and locked room, safe,
or vault, and in a manner reasonably designed to prevent diversion,
theft, and loss.
8.
The business owner shall take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance in parking
areas, sidewalks, alleys and areas surrounding the premises during
business hours if directly related to the patrons of the subject retailer.
For purposes of this subsection, "reasonable steps" shall include
calling the police in a timely manner and requesting those engaging
in nuisance activities to cease those activities, unless personal
safety would be threatened in making the request.
9.
The public entrance shall meet California accessibility criteria.
10.
A storefront retail licensee shall not conduct sales exclusively
by delivery.
11.
The business owner shall remove litter on and in front of the
premises and, if necessary, on public sidewalks within one hundred
feet of the facility two times, with a minimum of four-hour intervals,
each operating day.
(Ord. 23-1, 3/15/2023)
The following cannabis businesses, uses and activities are expressly
prohibited in the city:
A.
Cannabis Commercial Activity. No person shall engage in, conduct, operate, manage, or carry on, or permit to be engaged in, conducted or carried on, any commercial cannabis uses or activity, other than as expressly permitted by Section 17.30.080 or by city licensing under this chapter.
B.
Outdoor Cultivation. No person owning, renting, leasing, occupying,
or having charge or possession of any parcel shall cause or allow
such parcel to be used for the outdoor cultivation of cannabis for
personal, commercial, or any other purposes.
C.
Industrial Hemp Cultivation. No person owning, renting, leasing,
occupying or having charge or possession of any parcel shall cause
or allow such parcel to be used for the outdoor cultivation of industrial
hemp for personal, commercial, or any other purpose.
D.
Special Events, Festivals, and/or Fairs. The sale of cannabis is
prohibited at special events, festivals, and/or fairs.
(Ord. 23-1, 3/15/2023)
Applicants and city cannabis licensees shall pay all applicable
fees as set forth in the city council adopted resolution establishing
fees and charges for municipal services. Applicants and city cannabis
licensees shall also pay the amount as prescribed by the Department
of Justice of the state of California for the processing of applicant's
fingerprints. Fees shall not be prorated or refunded in the event
of a denial, suspension, or revocation of the license.
(Ord. 23-1, 3/15/2023)
C.
Any person who willfully or knowingly engages in a violation of this
chapter or who owns, possesses, controls, or has charge of any parcel
of real property in the city upon which a violation of this chapter
is maintained and who has actual knowledge of such violation (or would
have actual knowledge of such violation after reasonable inquiry)
shall be subject to the penalties and remedies provided by this chapter.
D.
Any violation of this chapter shall constitute a separate offense for each day the violation occurs or persists and may be subject to an administrative citation and fine, as provided for in Section 1.12.040.
E.
These penalties and remedies are cumulative and are in addition to
any other penalties and remedies available to the city.
(Ord. 23-1, 3/15/2023)
A.
Severability. If any section, subsection, clause, phrase, or portion
of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter.
The city council hereby declares that it would have adopted the ordinance
codified in this chapter and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, clauses, phrases or portions be declared
invalid or unconstitutional.
B.
Conflicts. In the event of any conflict with other provisions of
the West Sacramento Municipal Code the more restrictive standards
shall apply.
(Ord. 23-1, 3/15/2023)
