"Cannabis"
has the same meaning as set forth in Business and Professions
Code Section 26001(f) as the same may be amended from time to time.
"Cannabis products"
have the same meaning as set forth in Business and Professions
Code, Section 26001(i) as the same may be amended from time to time.
"Commercial cannabis activity"
has the same meaning as that set forth in Business and Professions
Code Section 26001(k) as the same may be amended from time to time.
"Cooperative"
means two or more persons collectively or cooperatively cultivating,
using, transporting, possessing, administering, delivering or making
available medical marijuana, with or without compensation.
"Cultivation"
has the same meaning as set forth in Business and Professions
Code Section 26001(l) as the same may be amended from time to time.
"Delivery"
has the same meaning as set forth in Business and Professions
Code Section 26001(p) as the same may be amended from time to time.
"Distribution"
has the same meaning as set forth in Business and Professions
Code Section 26001(r) as the same may be amended from time to time.
"Indoor"
means any location that is totally contained within a fully
enclosed and secure private residence or accessory building located
on the grounds of the private residence.
"Manufacturer"
has the same meaning as set forth in Business and Professions
Code Section 26001(ah) as the same may be amended from time to time.
"Outdoor"
means any location that is not totally contained within a
fully enclosed and secure accessory building or primary residence.
"Personal cultivation"
means cannabis cultivation for a natural person's own personal
use and possession in accordance with this code and state law, including,
but not limited to,
Health and Safety Code Sections 11362.1 and 11362.2,
as may be amended, and such person does not sell or distribute cannabis
to any other person. "Personal use" also means and includes cultivation
of medical cannabis conducted by a qualified patient exclusively for
his or her personal medical use, and cultivation conducted by a primary
caregiver for the personal medical purposes of no more than five specified
qualified patients for whom he or she is the primary caregiver, in
accordance with state law, including
Health and Safety Code Sections
11362.7 and 11362.765, as may be amended. Except as herein defined,
personal cultivation does not include, and shall not authorize, any
cultivation conducted as part of a business or commercial activity,
including cultivation for compensation or retail or wholesale sales
of cannabis.
"Private residence"
means a house, an apartment unit, accessory dwelling unit,
a mobile home, or other similar dwelling occupied for residential
purposes.
"Retailer"
means a facility where cannabis or cannabis products are
offered, either individually or in any combination, for ritual sale
to customers, including an establishment that delivers cannabis and
cannabis products as part of a retail sale or conducts sales exclusively
by delivery. For purposes of this code, the term "retailer" includes
microbusinesses, nonprofits licensed under Business and Professions
Code, Section 26070.5, and any other state license designation that
authorized distribution, whether for freer or in exchange for any
consideration, of cannabis and/or cannabis products to individual
customers. For purposes of this code, "cannabis retailer" also includes
medical cannabis dispensaries, patient collective and cooperatives
operating, or proposing to operate, pursuant to the Compassionate
Use Act (
Health and Safety Code, Section 11362.5) and/or the Medical
Marijuana Program (
Health and Safety Code, Section 11362.7 et seq.),
as may be amended from time to time.
"Testing laboratory"
has the same meaning as set forth in Business and Professions
Code Section 26001(at) as the same may be amended from time to time.
(Ord. 1137 § 2, 2019)
The director of community and economic development shall deny
any application for a permit or for the renewal thereof if the director
of community and economic development makes any of the following determinations:
A. The
applicant has not first obtained or has not maintained in full force
and effect the permit required under this chapter prior to engaging
in the activities authorized by the permit.
B. The
private residence or accessory structure used to indoor cultivation
fails to comply with all applicable health, safety, zoning, fire,
building and safety laws and regulations.
C. The
applicant has knowingly made any false, misleading, or fraudulent
statement of material fact in the application for the permit or renewal
of the permit.
D. The
applicant is in violation of a provision of this code or owes taxes,
fees, or penalties pursuant to this chapter or any other provision
of the Pico Rivera Municipal Code.
E. The
applicant (new or renewal) has had a permit denied or revoked by the
city within the preceding twelve months.
(Ord. 1137 § 2, 2019)
Upon determination of the existence of any factors or conditions specified in Section
9.04.050, the director of community and economic development shall advise the applicant by serving upon the applicant a notice of denial in writing within ten business days of such determination. The notice of denial shall state the director's findings and/or determinations that justify denial of the permit application, and shall include a summary of the evidence upon which such findings and/or determinations are based.
(Ord. 1137 § 2, 2019)
The denial of any application for a permit may be appealed to
the city manager or his or her designee, and such appeal shall be
governed by the standards and procedures set forth in Section 9.04.090
with regards to revocation.
(Ord. 1137 § 2, 2019)
Any use or condition caused, or permitted to exist, in violation
of any provision of this chapter shall be, and hereby is declared
to be, a public nuisance and may be summarily abated by the city pursuant
to
Code of Civil Procedure Section 731, Pico Rivera Municipal Code,
or any other remedy available to the city at law or equity.
(Ord. 1137 § 2, 2019)