This chapter shall be known as the Cannabis Business Permit
Ordinance of the city of Manteca.
(Ord. O2021-16 § 1)
It is the purpose and intent of this chapter to implement the
provisions of the 2018 Medicinal and Adult Use Cannabis Regulation
and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill
persons in need of cannabis for medicinal purposes as recommended
by their health care provider(s), and to provide access to same. It
is also the purpose and intent of this chapter to provide access to
adult-use cannabis for persons aged twenty-one and over as authorized
by the MAUCRSA, while imposing sensible regulations on the use of
land to protect the city's residents, neighborhoods, and businesses
from disproportionately negative impacts. It is the purpose and intent
of this chapter to regulate the commercial sale and delivery of cannabis
and cannabis products in a responsible manner to protect the health,
safety, and welfare of the residents of the city and to enforce rules
and regulations consistent with state law.
(Ord. O2021-16 § 1)
This chapter is adopted pursuant to the authority granted to
the city by Sections 5 and 7 of Article XI of the California Constitution,
and the provisions of the MAUCRSA.
(Ord. O2021-16 § 1)
Except as specifically authorized by this chapter, the commercial
cultivation, manufacture, processing, storing, laboratory testing,
labeling, sale, delivery, distribution, or transportation, of cannabis
or cannabis products is expressly prohibited in the city.
(Ord. O2021-16 § 1)
It is the responsibility of the owners, agents, employees, affiliates,
and/or operators of any commercial cannabis business within the city
limits to ensure that they operate in a manner compliant with this
chapter, all applicable state and local laws, and any regulations
promulgated thereunder, including, but not limited to, the MAUCRSA.
(Ord. O2021-16 § 1)
All definitions pertaining to cannabis regulation that appear
in Business and Professions Code Section 26001, as codified by the
MAUCRSA, are hereby incorporated by reference. Definitions appearing
in this chapter are either those that are not covered by state law,
pre-date the MAUCRSA, or are outside the scope of Business and Professions
Code Section 26001. Other definitions may be set out in this chapter
as identified herein.
means a person or entity that submits an application for
a cannabis business permit under this chapter.
means a regulatory permit issued by the city pursuant to
this chapter, to a commercial cannabis business and is required before
any commercial cannabis activity may be conducted in the city. The
initial permit and annual renewal of a commercial cannabis business
is made expressly contingent upon the business' ongoing compliance
with all of the requirements of this chapter, any applicable state
laws, and any regulations adopted by the city governing the commercial
cannabis activity at issue.
means a person or entity that has received a cannabis business
permit from the city as authorized under this chapter.
has the same meaning as that term is defined in Health and
Safety Code Section 11362.7.
means the city of Manteca, California.
means the city of Manteca city manager or his or her designee.
means any business or operation which engages in medicinal
or adult-use commercial cannabis activity.
means an agreement between the city of Manteca and a commercial
cannabis business in order to memorialize the commercial cannabis
business' commitment to pay the city a portion of the commercial cannabis
business' gross receipts, which the city will use to fund services,
positions, and for other purposes that benefit the community.
means any activity involving the retail sale of cannabis
or cannabis products from a retailer.
means an area in which cannabis is stored or held and is
only accessible to a permittee and authorized personnel.
is a subset of "retailer" and is a permitted retail business
that is closed to the public and provides product to customers solely
by means of a delivery service which the retailer owns and controls.
means any of the following:
A person with an aggregate ownership interest of ten percent
or more in the commercial cannabis business, unless the interest is
solely a security, lien or encumbrance.
An individual who manages, directs, or controls the operations
of the commercial cannabis business, including, but not limited to:
A member of the board of directors of a nonprofit.
A general partner of a commercial cannabis business that is
organized as a partnership.
A non-member manager or manager of a commercial cannabis business
that is organized as a limited liability company.
The trustee(s) and all persons who have control of the trust
and/or the commercial cannabis business that is held in trust.
An individual with the authority to provide strategic direction
and oversight for the overall operations of the commercial cannabis
business, such as the chief executive officer, president or their
equivalent, or an officer, director, vice president, general manager
or their equivalent.
An individual with the authority to execute contracts on behalf
of the commercial cannabis business.
means any container or receptacle used for holding cannabis
or cannabis products.
shall have the same meaning as that contained in California
Health and Safety Code Section 11362.7 et seq., as it may be amended,
and which includes within its definition a person who is entitled
to the protections of California Health and Safety Code Section 11362.22.
means 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.
shall have the same meaning as that contained in California
Health and Safety Code Section 11362.7.
shall have the same meaning as that contained in Section
26070(a)(1) of the California Business and Professions Code.
means a permit or license issued by the State of California,
or one of its departments or divisions, under the MAUCRSA and any
subsequent related State of California legislation, to engage in cannabis
activity.
means a product intended for external application and/or
absorption through the skin. A topical cannabis product is not considered
a drug as defined by California Health and Safety Code Section 109925.
means the transfer of cannabis products from the permitted
business location of one state licensee to the permitted business
location of another state licensee, for the purposes of conducting
cannabis activity authorized by the MAUCRSA which may be amended or
repealed by any subsequent related State of California legislation.
Transport can only be performed by state licensed distributors and
does not include deliveries of cannabis or cannabis products.
means any:
Public or private facility that is primarily used to host recreation
or social activities for minors, including, but not limited to:
It shall also include a park, playground or recreational area
specifically designed to be used by children which has play equipment
installed, including public grounds designed for athletic activities
such as baseball, softball, soccer, or basketball or any similar facility
located on a public or private school grounds, or on city, county,
or state parks.
This definition shall not include any private martial arts,
yoga, ballet, dance, music, art studio or similar studio of this nature
nor shall it include any private gym, athletic training facility,
pizza parlor, dentist office, doctor's office primarily serving children
or a location which is primarily utilized as an administrative office
or facility for youth programs or organizations.
(Ord. O2021-16 § 1)
No person may engage in any cannabis business within the city
unless the person meets all of the following requirements:
A.
Possess
a valid cannabis business permit from the city;
B.
Possess
a valid State of California Seller's Permit;
C.
Is currently
in compliance with all applicable state and local laws and regulations
pertaining to the cannabis business and the cannabis activities, including
the duty to obtain any required state licenses; and
D.
Is issued
a conditional use permit by the city council.
(Ord. O2021-16 § 1)
A.
Any
person who is an owner, employee, agent and/or who otherwise works
within a cannabis business must be legally authorized to do so under
applicable state law.
B.
Cannabis
business owners, operators, investors, managers, and employees shall
be required to submit to a criminal background check for themselves
and all persons in their employment.
C.
The
city shall conduct criminal background checks which must at a minimum
identify the following:
1.
Whether
the owners, operators, investors, managers, and employees applying
for employment have ever been convicted of a violent felony as defined
by California Penal Code 667.5 or equivalent offenses in other states;
2.
Whether
the owners, operators, investors, managers, and employees have ever
been convicted of a felony for hiring, employing, or in transporting,
carrying, selling, giving away, preparing for sale, or peddling, any
controlled substance; or selling, offering to sell, furnishing, offering
to furnish, administering, or giving any controlled substance to a
minor; or
3.
Whether
the owners, operators, investors, managers, and employees have ever
been convicted of a felony for drug trafficking with enhancements
pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.
D.
Violation
of this section (which include failing to conduct such a background
check and/or employing someone who has failed a background check)
shall be grounds for immediate suspension of the business' operating
cannabis business permit, pending a hearing before the city manager
or his or her designee within thirty days for a final determination
of the status of the permit.
(Ord. O2021-16 § 1)
A.
Any
person, including, but not limited to, 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, in which any of the following actions
or notices have been issued for noncompliance, shall not be eligible
to obtain a cannabis business permit from the city or from employment
with a cannabis business permittee in the city of Manteca:
1.
The
applicant has been denied a cannabis license or permit (excluding
if the applicant did not get a permit in another jurisdiction due
solely to a limited and/or set number of licenses and/or permits),
or has had a cannabis license or permit suspended or revoked by any
city, county, city and county or any other state cannabis licensing
authority;
2.
The
applicant was notified by the state, county, or city that it was conducting
cannabis activity in violation of city ordinances, codes, and requirements,
and failed to cure the violation in a timely manner;
3.
Evidence
that the applicant is delinquent in payment of federal, state, or
local taxes and/or fees, and took no steps to cure the delinquency
when notified by the appropriate agencies;
4.
The owner, managers, employees, and/or individuals were convicted of any the offenses enumerated in Section 5.64.080(C).
(Ord. O2021-16 § 1)
This section is only intended to create a maximum number and
types of cannabis businesses that may be issued permits to operate
in the city.
A.
After
the effective date of ordinance codified in this chapter, the city
shall only issue cannabis business permits (consistent with this chapter)
for up to one retailer for every twenty-five thousand residents, which
(by rounding down) amounts to three cannabis business permits. To
be clear, the city is not required to issue any cannabis business
permits. After the first two years following the first day a retailer
opens for cannabis business, the number of cannabis businesses that
shall be permitted to operate in the city shall be established by
resolution by the city council.
B.
After
the first two years following the first day a retailer opens for business,
if any, or at any time in the city council's discretion, the city
council may reassess the number of cannabis business permits which
are authorized for issuance and make any changes by resolution.
C.
The
city council in its sole discretion may determine that the number
and/or types of cannabis business permits should remain the same or
be modified.
(Ord. O2021-16 § 1)
A.
The
application procedure process shall include a component on community
benefits, the terms of which shall be set out and memorialized in
a community benefit agreement.
B.
Any
community benefits that a cannabis business agrees to provide shall
be incorporated into the terms and conditions under which the cannabis
business will operate with the city's approval, if and when a cannabis
business permit is issued. Such terms and conditions shall be in addition
to the requirements of this chapter.
C.
Community
benefits may include, but will not be limited to: in-kind donations;
sponsorship of select community events; financial support for special
community events such as fairs, afterschool programs, youth centers,
local schools (whether public or private); school athletic programs;
school clubs; community centers, homeless shelters, senior centers
and/or senior living facilities, and/or parks and recreation programs.
(Ord. O2021-16 § 1)
The city reserves the right to reject any or all applications
for a cannabis business permit. Prior to such permit issuance, the
city may modify, postpone, or cancel any request for applications,
at any time without liability, obligation, or commitment to any party,
firm, or organization, to the extent permitted under California law.
Persons submitting applications assume the risk that all or any part
of the program, or any particular category of permit potentially authorized
under this chapter, may be cancelled at any time prior to permit issuance.
The city further reserves the right to request and obtain additional
information from any candidate submitting an application. In addition
to a failure to comply with other requirements in this chapter, an
application may be rejected for any of the following reasons:
A.
The
application was received after the designated time and date of the
deadline.
B.
The
application did not contain the required elements, exhibits, or was
not organized in the required format.
C.
The
application was considered not fully responsive to the request for
a permit application, i.e. was substantially incomplete.
(Ord. O2021-16 § 1)
A.
By resolution
the city council shall adopt procedure guidelines and review criteria
for the city's evaluation of cannabis business permit applications.
B.
The
procedure guidelines shall provide the process for soliciting applications
including time frames, limitations, requirements, forms, and rules
for completing applications.
C.
The
review criteria shall include detailed objective review criteria to
be evaluated on a point system or equivalent quantitative evaluation
scale tied to particular sets of criteria.
D.
The
scoring on review criteria shall be used to determine which candidates
will be eligible to participate in the interview or other selection
process as determined by city council resolution.
E.
The
city manager shall be authorized to prepare any necessary forms and
adopt any necessary rules to implement the procedure guidelines and
review criteria.
F.
At the
time of filing, each applicant shall pay an application fee established
by resolution of the city council to cover all costs incurred by the
city in the application process.
G.
For
applicants with ten or more employees, the applicant shall attest
that the applicant will enter into a labor peace agreement and will
abide by the terms of the agreement, and the applicant shall provide
a copy thereof to the city. For applicants that have not yet entered
into a labor peace agreement, the applicant shall provide a notarized
statement indicating that within thirty-days of cannabis permit from
the city, the applicant will enter into and abide by the labor peace
agreement.
(Ord. O2021-16 § 1)
A.
Applications
will be reviewed per the procedure guidelines and review criteria
adopted by resolution by the city council.
B.
The
development services director, or his or her designee, shall verify
whether proposed business locations are properly zoned for the type
of permit(s) in which the applicant has applied.
C.
Only
approved applications meeting guidelines set by city council resolution
will be eligible to participate in the final selection process.
D.
Upon
the completion of the review process, a public meeting by the city
council shall be set in which concerns of residents, businesses, and
community organizations alike may be brought before the city.
E.
The
city council shall conduct the public meeting to solicit community
feedback.
F.
Public
notice shall be mailed at least ten days prior to the public meeting
to the following:
1.
All
property owners of record within a minimum thee hundred-foot radius
of the subject property as shown on the latest available assessment
role or a larger radius if deemed necessary by the city manager, or
his or her designee in order to provide adequate public notification;
and
2.
Any
person or group who has filed a written request for notice regarding
the specific application.
3.
Failure
to Notify Individual Properties. The validity of the proceedings shall
not be affected by the failure of any property owner, resident or
neighborhood or community organization to receive a mailed notice.
G.
Applications
shall be vetted by the city manager (or his or her designee) and a
team of his or her choice consistent with review criteria established
by city council resolution. At the conclusion of the vetting process,
the city manager's office shall prepare a report for consideration
by the city council.
H.
The
city council may either deny or approve the final candidates pursuant
to the review criteria established by city council resolution.
I.
The
city will issue a notice to the prevailing applicants that the city
will issue a cannabis business permit(s) upon the prevailing applicant(s)
obtaining a conditional use permit. Once the conditional use permit
is secured, the city will issue a cannabis business permit.
(Ord. O2021-16 § 1)
A.
Each cannabis business permit issued pursuant to this chapter shall expire twelve months after the date of issuance. Cannabis business permits may be renewed as provided in Section 5.64.180.
B.
A cannabis
business permit shall be exercised within twelve months of issuance.
Exercised shall be when any of the following occur:
(Ord. O2021-16 § 1)
A.
If a
location has not been in regular and continuous operation in the preceding
four months, it shall be considered abandoned unless mitigating circumstance
occur which was beyond the control of the permittee and an extension
has be authorized by the city manager or his or her designee.
B.
The
approval of a new use shall terminate all rights and approvals of
a cannabis business permit occupying the same site or location.
(Ord. O2021-16 § 1)
If an applicant is denied a permit due to a disqualifying factor
such as failing a background check or not complying with any state
or local jurisdictions regulatory requirements in which legal or administrative
action has been taken, a new application may not be filed for one
year from the date of the denial. This section shall not apply to
an approved applicant not awarded a permit resulting from the city
not selecting them for one of the permits in the application process.
(Ord. O2021-16 § 1)
A.
An application
for renewal of a cannabis business permit shall be filed at least
ninety calendar days prior to the expiration date of the current permit,
unless a different time period is set forth by the city manager.
B.
The
application for renewal shall contain all the information required
for new applications.
C.
The
applicant shall pay a fee in an amount to be set by the city council
to cover the costs of processing the renewal permit application, together
with any costs incurred by the city to administer the program created
under this chapter.
D.
An application
for renewal of a cannabis business permit shall be rejected if any
of the following exists:
1.
The
application for renewal is filed less than ninety days before its
expiration or a shorter time period which shall be at the discretion
of the city manager.
2.
The
cannabis business permit is suspended or revoked at the time of the
application for renewal.
3.
The
cannabis business permittee has not been in regular and continuous
operation in the four months prior to the renewal application or the
approved extension of the deadline from the city manager or his or
her designee.
4.
The
cannabis business permittee has failed to conform to the requirements
of the cannabis business permit or this chapter or any regulations
adopted pursuant to this chapter or any applicable or relevant local
or state.
5.
The
cannabis business permittee fails or is unable to renew its State
of California license.
6.
If
the state has determined, based on substantial evidence, that the
permittee or applicant is in violation of the requirements of the
state rules and regulations and the state has determined that the
violation is grounds for termination or revocation of the cannabis
business permit.
E.
The
city manager (or his or her designee) is authorized to make all decisions
concerning the issuance of a renewal permit. In making the decision,
the city manager is authorized to impose additional conditions to
a renewal permit, if it is determined to be necessary to ensure compliance
with state or local laws and regulations or to preserve the public
health, safety, or welfare. Appeals from the decision of the city
manager shall be handled pursuant to this chapter.
F.
If a
renewal application is denied, a person may file a new application
pursuant to this chapter not sooner than one year from the date of
the denial.
(Ord. O2021-16 § 1)
Cannabis business permits may be revoked by the city manager
for any violation of any state or local laws, and/or rules, and/or
standards, policies, procedures, or regulations in this chapter relating
to cannabis, and/or violated the applicable conditional use permit,
or community benefit agreement. Such revocation shall follow the procedures
set forth in Section 5.80.080.
(Ord. O2021-16 § 1)
Suspension of a license issued by the State of California, or
by any of its departments or divisions, shall immediately suspend
the ability of a permittee or commercial cannabis business to operate
within the city until the State of California or its respective department
or division reinstates or reissues the state license.
(Ord. O2021-16 § 1)
Revocation of a license issued by the State of California, or
by any of its departments or divisions, shall result in the revocation
of the cannabis business permit and immediately suspend the ability
of a permittee or commercial cannabis business to operate within the
city. Should the state revoke a license, the cannabis business owner
may re-apply for a cannabis business permit at such time as it can
demonstrate that the grounds for revocation of the license by the
state no longer exist or that the underlying deficiency has otherwise
been cured.
(Ord. O2021-16 § 1)
Appeals relating to denial of an initial application; denial
of advancement to the interview or other final selection process established
by the city council; to revoke or suspend a permit; to deny renewal
of an application for a permit; or to add conditions to a permit shall
be conducted as prescribed in this chapter.
(Ord. O2021-16 § 1)
A.
Within
ten calendar days after the date of a decision of the city manager
(or his or her designee) to revoke, suspend or deny an initial or
renewed permit application or to add conditions to a permit, an applicant,
owner, or permittee may appeal such action by filing a written appeal
with the city clerk setting forth the reasons why the decision was
not proper.
B.
At the
time of filing the appellant shall pay the designated appeal fee,
established by resolution of the city council from time to time.
(Ord. O2021-16 § 1)
A.
Denial
of Initial Permit Decision. The city manager, his or her designee,
or an appointed hearing officer, as set forth by city council resolution,
will hear appeals that address the following issues:
1.
Any
deviation from the city's published procedure guidelines and review
criteria that adversely affected the applicant by altering the outcome
of the city's decision on the applicant's application. Examples of
appealable deviations are:
a.
Failure on the part of the city to provide appropriate notification
regarding changes to the application process via website postings
and/or email to the applicant prior to the time the application was
submitted;
b.
Failure on the part of the city to provide an applicant an equal
opportunity to modify an application where that opportunity was provided
to other applicants;
2.
The
scoring of one or more portions of the applicant's application was
not justified based on the information presented in the application
or due to a material error or omission on the part in scoring the
application;
3.
Any
appeal based upon this section must be supported by a preponderance
of the evidence that the applicant presented the relevant information
with completeness and in the appropriate section of the application.
Information presented in the application that is incomplete in nature
or that is relevant to a question posed by the city on the application
form but appears in the incorrect section, even if complete, may be
grounds for the dismissal of the appeal.
B.
An applicant
that is eligible to participate in the interview or other final decision
process, but is not selected during the interview or other final decision
process, shall not be eligible to appeal the outcome of the process.
(Ord. O2021-16 § 1)
A.
Within ten calendar days after service of the notice of the decision of the city manager or his or her designee to deny advancement to the interview or other final decision process, to revoke or suspend a permit, to deny a renewed application for a permit; or to add conditions to a permit, the applicant or permittee may appeal such action by filing a written appeal with the city clerk setting forth the reason why the decision was not proper. For an initial permit application appeal, reasons shall be stated with specificity in writing and shall address the issues outlined in Section 5.64.240(A). Date of service means the date when a notice or written decision was personally delivered to the applicant or permittee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or permittee in which an applicant or permittee is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
B.
The
notice of appeal shall be in writing and signed by the person making
the appeal ("appellant"), or their legal representative, and shall
contain the following:
1.
Name,
address, and telephone number of the appellant.
2.
Specify
decisions, actions, or a particular part thereof, made that are the
subject of the appeal.
3.
Include
a true and correct copy of the notice issued by the city manager for
which the appellant is appealing.
4.
State
with specificity the reasons and grounds for making the appeal, including,
but not limited to, a statement of facts upon which the appeal is
based in sufficient detail to enable the city council, or any appointed
hearing officer, to understand the nature of the controversy, the
basis of the appeal, and the relief requested.
5.
All
documents or other evidence pertinent to the appeal that the appellant
requests the hearing officer or body to consider at the hearing.
6.
An
appeal fee as established by resolution of the city council.
C.
Failure
of the city clerk to receive a timely appeal constitutes a waiver
of the right to appeal the notice issued by the city manager or his
or her designee. In this event, the city manager's (or his or her
designee's) notice of revocation, nonrenewal, or suspension shall
be final.
D.
In the
event a written notice of appeal is timely filed, the nonrenewal,
suspension, revocation shall not become effective until a final decision
has been rendered and issued by the city council or appointed hearing
officer, unless the state has revoked the state license in which case
the revocation will become effective immediately. Notices of appeal
not served in a timely manner or served by non-operational business
shall not serve to allow such business to operate pending appeal.
E.
If no
appeal is timely filed in the event of a decision of nonrenewal, the
cannabis business permit shall expire at the conclusion of the term
of the permit. If no appeal is timely filed in the event of a decision
supporting suspension or revocation, the suspension or revocation
shall become effective upon the expiration of the period for filing
a written notice of appeal.
(Ord. O2021-16 § 1)
A.
Review
by City Council or Appointed Hearing Officer or Body; Administrative
Hearing and Proceedings.
1.
Appellants
who file a timely written notice of appeal will be entitled to an
administrative hearing before the city council, hearing officer, or
body as set forth by the city council by resolution.
2.
Upon
receipt by the city clerk of a timely-filed notice of appeal pertaining
to suspensions, revocations, or non-renewals the city clerk shall
forward such appeal to the city council, hearing officer, or body
who shall schedule a hearing within thirty days. In the event such
hearing cannot be heard within that time period or a mutually agreed
upon time with the appellant, then the city clerk shall schedule the
appeal to be heard within forty-five days.
3.
The
appellant(s) listed on the written notice of appeal shall be notified
in writing of the date, time, and location of the hearing at least
ten days before the date of the hearing ("notice of appeal hearing").
4.
A
request by an appellant or by the city to continue a hearing must
be submitted to the city clerk in writing no later than three business
days before the date scheduled for the hearing. The city council,
appointed hearing officer or body may continue a hearing for good
cause or on its own motion; however, in no event may the hearing be
continued for more than thirty calendar days, unless there is a written
stipulation by all parties to do so.
B.
At the
date, time and location set forth in the notice of appeal hearing,
the city council, hearing officer or body shall hear and consider
the testimony of the appellant(s), city staff, and/or their witnesses,
as well as any documentary evidence properly submitted for consideration.
C.
The
following rules shall apply at the appeal hearing:
1.
Appeal
hearings are informal, and formal rules of evidence and discovery
do not apply. However, rules of privilege shall be applicable to the
extent they are permitted by law, and irrelevant, collateral, undue,
and repetitious testimony may be excluded.
2.
The
city bears the burden of proof to establish the grounds for nonrenewal,
suspension, or revocation by a preponderance of evidence. Appellant(s)
or permittee(s) bear the burden of proof regarding denial of an applicant's/permittee's
application.
3.
The
issuance of the city manager's notice constitutes prima facie evidence
of grounds for the denial, nonrenewal, suspension or revocation.
4.
The
city council, hearing officer or body may accept and consider late
evidence not submitted initially with the notice of appeal upon a
showing by the appellant of good cause, provided, however, all evidence
must submitted at a minimum twenty-four hours prior to the set hearing
start time. The city council, hearing officer or body shall determine
whether a particular fact or set of facts amount to good cause on
a case-by-case basis.
5.
The
appellant may bring a language interpreter to the hearing at their
sole expense.
6.
The
city may, at its discretion, record the hearing by stenographer or
court reporter, audio recording, or video recording. If the appellant
requests from the city that a court reporter, stenographer, or videographer
be used, appellant shall bear the costs of same and shall deposit
such fees prior to commencement of the administrative hearing.
D.
If the
appellant, or their legal representative, fails to appear at the appeal
hearing, the city council, hearing officer or body, may cancel the
appeal hearing and send a notice thereof to the appellant by certified,
first class mail to the address(es) stated on the notice of appeal.
A cancellation of a hearing due to non-appearance of the appellant
shall constitute the appellant's waiver of the right to appeal and
a failure to exhaust all administrative remedies. In such instances,
the notice of decision is final and binding.
E.
Final
Decision. Following the conclusion of the administrative hearing,
the city council, hearing officer or body shall issue a written decision
within twenty days which: (1) determines if the action appealed from
is affirmed or overturned; and (2) specifies the reasons for the decision.
F.
The
written decision of the city council, hearing officer or body shall
provide that it is final and conclusive and is subject to the time
limits and procedures set forth in California Code of Civil Procedure
Sections 1094.5 and 1094.6 for judicial review.
G.
A copy
of the written decision shall be served by certified, first class
mail on the appellant. If the appellant is not the owner of the real
property in which the cannabis business is located, or proposed to
be located, a copy of the final decision may also be served on the
property owner by first class mail to the address shown on the last
equalized assessment roll. Failure of a person to receive a properly
addressed final decision shall not invalidate any action or proceeding
by the city pursuant to this chapter.
(Ord. O2021-16 § 1)
A.
If the location specified in the regulatory permit is proposed to be changed, the permittee and/or applicant shall submit an updated application form to the city manager for approval prior to the change in location. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 5.64.180 and 5.64.280.
B.
Within
fifteen calendar days of any other change in the information provided
in the updated application form or any change in status of compliance
with the provisions of this chapter, including any change in the cannabis
business ownership or management members, the applicant shall file
an updated application form with the city manager for review along
with an application amendment fee.
(Ord. O2021-16 § 1)
A.
The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains a written and executed amendment to the permit from the city manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with the provisions of this chapter (as though the transferee were applying for an original cannabis business permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the city council (or if not set, shall be the same amount as the application fee). The transferee's application will be treated as a new application, and will be evaluated according to procedures adopted by the city manager, pursuant to Section 5.64.490, and/or resolution by the city council.
B.
Cannabis
business permits issued through the grant of a transfer by the city
manager shall be valid for a period of one year beginning on the day
the city manager approves the transfer of the permit. Before the transferee's
permit expires, the transferee shall apply for a renewal permit and
pay the appropriate fee in the manner required by this chapter.
C.
A cannabis
business permit shall not be transferred when the city has notified
the permittee in writing that the permit has been or may be suspended
or revoked.
D.
Any
attempt to transfer a cannabis business permit either directly or
indirectly in violation of this section is hereby declared a violation
of the permit and this chapter. Such a purported transfer shall be
deemed a ground for revocation of the permit.
E.
This section 5.64.280 shall not apply to the extent the current owners are attempting to add a new and/or additional owner, but all other remaining owners shall remain in place. Any new and/or additional ownership, however, shall require written approval by the city manager and/or his or her designee. Failure to obtain such approval prior to adding a new owner will result in a violation of the permit and this chapter, and shall be deemed a ground for revocation.
(Ord. O2021-16 § 1)
Prior to commencing operations, a cannabis business shall obtain
a city of Manteca business license.
(Ord. O2021-16 § 1)
Prior to commencing operations, a cannabis business permit shall
be subject to a mandatory building inspection and must obtain all
required permits and approvals which would otherwise be required for
any business of the same size and intensity operating in that zone.
This includes, but is not limited to, obtaining any required building
permit(s), fire department approvals, police department approval,
code enforcement, planning, and county health department approvals,
and any other applicable zoning and land use permit(s) and approvals.
(Ord. O2021-16 § 1)
Prior to commencing operations, a cannabis business must obtain authorization from the development services director certifying that the business is located on a site that meets all of the requirements of Sections 5.64.300, 5.64.320 and 5.64.330 of this chapter and Section 17.10.130(I).
(Ord. O2021-16 § 1)
Prior to the city's issuance of a cannabis business permit pursuant
to this chapter, any person intending to open and to operate a cannabis
business shall first provide sufficient evidence of the legal right
to occupy and to use the proposed location. Such evidence may include
a notarized lease, notarized real estate records, and/or other notarized
official records that demonstrate a legal right to occupy. If the
proposed location will be leased from the property owner, the applicant
shall be required to provide a signed and notarized statement from
the owner of the property, acknowledging that the property owner has
read this chapter and consents to the operation of the cannabis business
on the owner's property.
(Ord. O2021-16 § 1)
A.
A cannabis
business must meet land use and building standards pursuant to Title
15, and Title 17 of this code:
(Ord. O2021-16 § 1)
To the fullest extent permitted by law, the city of Manteca
shall not assume any liability whatsoever with respect to having issued
a cannabis business permit pursuant to this chapter or otherwise approving
the operation of any cannabis business. As a condition to the approval
of any cannabis business permit, the applicant shall be required to
meet all of the following conditions before they can receive the cannabis
business permit:
A.
Execute
an agreement, in a form approved by the city attorney, agreeing to
indemnify, defend (at applicant's sole cost and expense), release,
and hold the city of Manteca, and its officers, officials, employees,
representatives, and agents, harmless, 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 the cannabis business
permit, the city's decision to approve the operation of the cannabis
business or activity, the process used by the city in making its decision,
or the alleged violation of any federal, state or local laws by the
cannabis business or any of its officers, employees or agents.
B.
Maintain
insurance at coverage limits, and with conditions thereon determined
necessary and appropriate from time to time by the city's risk manager.
C.
Reimburse
the city for all costs and expenses, including, but not limited to,
legal fees and costs, and court costs, which the city may be required
to pay as a result of any legal challenge related to the city's approval
of the applicant's cannabis business permit or related to the city's
approval of a cannabis activity. The city, at its sole discretion,
may participate at its own expense in the defense of any such action,
but such participation shall not relieve the applicant or permittee
of any of the obligations imposed hereunder.
(Ord. O2021-16 § 1)
A.
Each
owner and operator of a cannabis business shall maintain accurate
books and records in an electronic format, detailing all of the revenues
and expenses of the business, and all of its assets and liabilities.
On no less than an annual basis (at or before the time of the renewal
of a cannabis business permit issued pursuant to this chapter), or
at any time upon reasonable request of the city, each cannabis business
shall file a sworn statement detailing the number and amount of sales
by the cannabis business during the previous twelve-month period (or
shorter period based upon the timing of the request), provided on
a per-month basis. The statement shall also include gross sales for
each month, and all applicable taxes and fees paid or due to be paid.
On an annual basis, each owner and operator shall submit to the city
a financial audit of the business's operations conducted by an independent
certified public accountant. Each permittee shall be subject to a
regulatory compliance review and a gross receipts financial audit,
where applicable, as determined by the city.
B.
Each
owner and operator of a cannabis business shall maintain a current
register of the names and the contact information (including the name,
address, and telephone number) of anyone owning or holding an interest
in the cannabis business, and separately of all the officers, managers,
employees, agents, and volunteers currently employed or otherwise
engaged by the cannabis business. The register required by this paragraph
shall be provided to the city manager upon a reasonable request.
C.
All
cannabis businesses shall maintain an inventory control and reporting
system that accurately documents the present location, amounts, and
descriptions of all cannabis and cannabis products for all stages
of the growing and production or manufacturing, laboratory testing
processes until purchase as set forth in the MAUCRSA.
(Ord. O2021-16 § 1)
A.
A cannabis
business permittee shall implement sufficient security measures to
deter and prevent the unauthorized entrance into areas containing
cannabis or cannabis products and to deter and prevent the theft of
cannabis or cannabis products at the cannabis business. Except as
may otherwise be determined by the city's police chief, these security
measures shall be contained in a security plan that must be approved
by the police chief and shall include, but shall not be limited to,
all of the following:
1.
Perimeter
fencing and exterior lighting systems (including motion sensors) for
after-hours security as approved by the police chief and/or the development
services director where applicable.
2.
Preventing
individuals from remaining on the premises of the cannabis business
if they are not engaging in an activity directly related to the permitted
operations of the cannabis business. In cases in which the individual
will not voluntarily leave the premises, the cannabis employee shall
contact the police department.
3.
Establishing
limited access areas accessible only to authorized cannabis business
personnel.
4.
All
safes and vaults used to store cash and/or cannabis goods shall be
compliant with applicable burglary-resistant and fire-resistant standards.
All cannabis and cannabis products, including live clone plants that
are being sold, shall be kept in a manner as to prevent diversion,
theft, and loss.
5.
Installing
twenty-four-hour security surveillance cameras of at least high-definition
(HD) quality to monitor all entrances and exits to and from the premises,
all interior spaces within the cannabis business which are open and
accessible to the public, all interior spaces where cannabis, cash,
or currency, is being stored for any period of time on a regular basis
and all interior spaces where diversion of cannabis could reasonably
occur. All cameras shall record in color. All exterior cameras shall
be in weather-proof enclosures, shall be located so as to minimize
the possibility of vandalism, and shall have the capability to automatically
switch to black and white in low light conditions. The cannabis business
shall be responsible for ensuring that the security surveillance camera's
footage of all public areas (not limited-access areas) is remotely
accessible by the city manager, and that it is compatible with the
city's software and hardware. In addition, remote and real-time, live
access to the video footage from the cameras recording the public
areas (not limited-access areas) shall be provided to the Manteca
police chief at the expense of the permittee. All video recordings
including of limited-access areas shall be maintained for a minimum
of ninety days and shall be made available to the Manteca police chief
upon a written request. Video shall be of sufficient quality for effective
prosecution of any crime found to have occurred on the site of the
cannabis business and shall be capable of enlargement via projection
or other means. Internet protocol address information shall be provided
to the police department by the cannabis business, to facilitate remote
monitoring of security cameras by the department or its designee,
but only in areas where customers/clientele have access. Each business
shall have network security protocols that are certified by the Manteca
police department.
6.
Sensors
shall be installed to detect entry and exit from all secure areas
and shall be monitored in real time by a security company licensed
by the State of California Bureau of Security and Investigative Services.
7.
Panic
buttons shall be installed in all cannabis businesses with direct
notification to the Manteca police department dispatch and shall be
configured to immediately alert dispatch for the Manteca police department.
8.
Having
a professionally installed, maintained, and monitored real-time alarm
system by a security company licensed by the State of California Bureau
of Security and Investigative Services. The permittee shall be required
to obtain an alarm permit from the police department.
9.
Armed
security personnel shall be on site twenty-four hours a day (unless
an alternative security as authorized by the city manager and approved
by the police chief in writing is set out) and must have a verified
response security patrol when closed. Security personnel must be licensed
by the State of California Bureau of Security and Investigative Services
personnel and shall be subject to the prior review and approval of
the city's police chief, with such approval not to be unreasonably
withheld.
10.
Each cannabis business shall have the capability to remain secure
during a power outage and shall ensure that all access doors are not
solely controlled by an electronic access panel to ensure that locks
are not released during a power outage.
11.
Entrance areas are to be locked at all times and under the control
of a designated responsible party that is either: (a) an employee
of the cannabis business; or (b) a licensed security professional.
12.
Each cannabis business shall have an accounting software system in
place to provide point of sale data as well as audit trails of both
product and cash, where applicable.
13.
Each cannabis business shall demonstrate to the police chief, city
manager or their designees, compliance with the state's track and
trace system for cannabis and cannabis products.
14.
Each cannabis business shall have a professionally installed video
surveillance system, access control and intrusion alarm systems designed
to protect the inventory, facility, and employees. Each business shall
have network security protocols that are approved by the Manteca police
department.
15.
Exterior vegetation shall be planted, altered and maintained in a
fashion that precludes its use as a hiding place for persons on the
premises.
16.
Emergency access and emergency evacuation plans that are in compliance
with state and local fire safety standards.
17.
Installation of "mosquitoes" (high-pitch frequency devices) as a
deterrent to vandalism/loitering.
18.
Each cannabis business shall develop and submit to the Manteca police
department for review and approval emergency operations plans that
address natural disasters, declared states of emergency, and protests.
B.
Each
cannabis business shall identify a designated security representative/liaison
to the city, who shall be reasonably available to meet with the city
police chief regarding any security related measures and/or operational
issues. The designated security representative/liaison shall, on behalf
of the cannabis business, annually maintain a copy of the current
security plan on the premises of the business, to present to the city
police chief upon request that meets the following requirements:
1.
Confirms
that a designated manager will be on duty during business hours and
will be responsible for monitoring the behavior of employees.
2.
Identifies
all managers of the cannabis business and their contact phone numbers.
3.
Confirms
that first aid supplies and operational fire extinguishers are located
in the service areas and the manager's office.
4.
Confirms
that burglar, fire, and panic alarms are operational and monitored
by a licensed security company twenty-four hours a day, seven days
a week, and provides contact information for each licensed security
company.
5.
Identifies
a sufficient number of licensed, interior, and exterior security personnel
who will monitor individuals inside and outside the cannabis business,
the parking lot, any adjacent property under the business' control,
and ensure that the parking lot is cleared of employees and their
vehicles one-half hour after closing.
C.
As part
of the application and permitting process each cannabis business shall
have a storage and transportation plan, which describes in detail
the procedures for safely and securely storing and transporting all
cannabis, cannabis products, any hazardous materials that may be used
by the business, and any currency.
D.
The
cannabis business shall cooperate with the city whenever the Manteca
police chief or city manager makes a request, with or without prior
notice, to inspect or audit the effectiveness of any security plan
or of any other requirement of this chapter.
E.
A cannabis
business shall notify the city manager and Manteca police chief within
twenty-four hours after discovering any of the following:
1.
Significant
discrepancies identified during inventory. The level of significance
shall be determined by the regulations promulgated by the Manteca
police chief and/or the city manager or his or her designee.
F.
Compliance
with the foregoing requirements shall be verified by the city manager
and Manteca police chief prior to commencing business operations.
The city manager or the Manteca police chief may supplement these
security requirements once operations begin, subject to review by
the city manager if requested by the business owner.
(Ord. O2021-16 § 1)
A.
No person
may commence or continue any cannabis activity in the city, without
timely paying in full all fees and charges required for the operation
of a cannabis activity. Fees and charges associated with the operation
of a cannabis activity shall be established by resolution of the city
council which may be amended from time to time.
B.
All
cannabis businesses authorized to operate under this chapter shall
pay all sales, use, business and other applicable taxes and fees,
and all license, permit, registration, and other fees required under
federal, state, and local law. Each cannabis business shall cooperate
with the city with respect to any reasonable request to audit the
cannabis business' books and records for the purpose of verifying
compliance with this section, including, but not limited to, a verification
of the amount of taxes or fees required to be paid during any period.
C.
Prior
to operating in the city and as a condition of issuance of a regulatory
permit, the operator of each cannabis business shall enter into a
community benefit agreement with the city setting forth the terms
and conditions under which the cannabis business will operate that
are in addition to the requirements of this chapter, including, but
not limited to, public outreach and education, community service,
payment of fees and other charges as mutually agreed, and such other
terms and conditions that will protect and promote the public health,
safety and welfare.
(Ord. O2021-16 § 1)
A.
Cannabis
businesses may operate only during the hours specified in the cannabis
business permit issued by the city.
B.
Restriction
on Sales and Consumption. Cannabis shall not be consumed by any person
on the premises of any cannabis business. No person shall cause or
permit the sale, dispensing, or consumption of alcoholic beverages
or tobacco on or about the premises of the cannabis business.
C.
No cannabis
or cannabis products or graphics depicting cannabis or cannabis products
shall be visible from the exterior of any property issued a cannabis
business permit, or on any of the vehicles owned or used as part of
the cannabis business. No outdoor storage of cannabis or cannabis
products is permitted at any time.
D.
Reporting
and Tracking of Product and of Gross Sales. Each cannabis business
shall have in place a point-of-sale or management inventory tracking
system to track and report on all aspects of the cannabis business,
including, but not limited to, such matters as cannabis tracking,
inventory data, gross sales (by weight and by sale) and other information
which may be deemed necessary by the city. The cannabis business shall
ensure that such information is compatible with the city's record-keeping
systems. In addition, the system must have the capability to produce
historical transactional data for review. Furthermore, any system
selected must be approved and authorized by the city manager prior
to being used by the permittee.
E.
All
cannabis and cannabis products sold at a cannabis business shall be
cultivated, manufactured, and transported by state licensed facilities
that maintain operations in full conformance with the State and local
regulations.
F.
Emergency
Contact. Each cannabis business shall provide the city manager or
his or her designee with the name, telephone number (both land line
and mobile, if available) of an on-site employee or owner to whom
emergency notice can be provided at any hour of the day.
G.
Signage
and Notices.
1.
In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of Chapter 17.54, Signs on Private Property, including, but not limited to, seeking the issuance of a city sign permit. Moreover, by resolution of the city council, the city may place additional restrictions regarding signage for cannabis businesses.
2.
No
signs placed on the premises of a cannabis business shall obstruct
any entrance or exit to the building or any window.
3.
Each
entrance to a cannabis business shall be visibly posted with a clear
and legible notice indicating that smoking, ingesting, or otherwise
consuming cannabis on the premises or in the areas adjacent to the
cannabis business is prohibited.
4.
Business
identification signage shall be limited to that needed for identification
only and shall not contain any logos or information that identifies,
advertises, or lists the services or the products offered. No cannabis
business shall advertise by having a person holding a sign and advertising
the business to passersby, whether such person is on the premises
of the cannabis business or elsewhere including, but not limited to,
the public right-of-way.
5.
Signage
shall not depict any image of cannabis or cannabis products. No banners,
flags, snipe signs, billboards, or other prohibited signs may be used
at any time.
6.
In
accordance with state law and regulations or as stipulated in the
city's cannabis business permit, holders of a cannabis business permit
shall agree that, as an express and ongoing condition of permit issuance
and subsequent renewal, the holder of the permit shall be prohibited
from advertising any cannabis business located in the city limits
utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft,
or other similar forms of advertising. This paragraph is not intended
to place limitations on the ability of a cannabis business to advertise
in other legally authorized forms, including on the internet, in magazines,
or in other similar ways.
H.
Minors.
1.
Persons
under the age of twenty-one years shall not be allowed on the premises
of a cannabis business and shall not be allowed to serve as a driver
for a mobile delivery service. It is unlawful and a violation of this
chapter for any person to employ any person at a cannabis business
who is not at least twenty-one years of age.
2.
The
entrance to the cannabis business shall be clearly and legibly posted
with a notice that no person under the age of twenty-one years of
age is permitted to enter upon the premises of the cannabis business.
3.
Notwithstanding
Section 5.64.380(H)(1), persons aged eighteen to twenty years shall
be allowed on the premises of a cannabis business if they can produce
a physician's recommendation or a medical marijuana card issued pursuant
to Health and Safety Code Section 11362.71. In that event, such persons
can lawfully purchase cannabis for the sole purpose of addressing
the medical need that is the subject of the physician's recommendation.
I.
Odor
Control. Odor control devices and techniques shall be incorporated
in all cannabis businesses to ensure that odors from cannabis are
not detectable off-site. Cannabis businesses shall provide a sufficient
odor absorbing ventilation and exhaust system so that odor generated
inside the cannabis business that is distinctive to its operation
is not detected outside of the facility, anywhere on adjacent property
or public rights-of-way, on or about the exterior or interior common
area walkways, hallways, breezeways, foyers, lobby areas, or any other
areas available for use by common tenants or the visiting public,
or within any other unit located inside the same building as the cannabis
business. As such, cannabis businesses must install and maintain the
following equipment, or any other equipment which the development
services director or designee(s) determine is a more effective method
or technology:
1.
An
exhaust air filtration system with odor control that prevents internal
odors from being emitted externally;
2.
An
air system that creates negative air pressure between the cannabis
business's interior and exterior, so that the odors generated inside
the cannabis business are not detectable on the outside of the cannabis
business.
J.
Display
of Permit and City Business License. The original copy of the cannabis
business permit issued by the city pursuant to this chapter and the
city issued business license shall be posted inside the cannabis business
in a location readily visible to the public.
K.
Background
Check. Pursuant to California Penal Code Sections 11105(b)(11) and
13300(b)(11), which authorizes city authorities to access state and
local summary criminal history information for cannabis employment,
licensing, or certification purposes and authorizes access to federal
level criminal history information by transmitting fingerprint images
and related information to the Department of Justice to be transmitted
to the Federal Bureau of Investigation, every person listed as an
owner, investor, manager, supervisor, employee, contract employee
or who otherwise works in a cannabis business must submit fingerprints
and other information deemed necessary by the police chief or his
or her designee(s) for a background check by the city of Manteca police
department. Pursuant to California Penal Sections 11105(b)(11) and
13300(b)(11), which requires that there be a requirement or exclusion
from cannabis employment, licensing or certification based on specific
criminal conduct on the part of the subject of the record, no person
(including owners and/or persons with a financial interest in the
cannabis business) shall be issued a permit to operate a cannabis
business or be allowed to work in a cannabis business unless they
have first cleared the background check, as determined by the police
chief or his or her designee(s), as required by this section. A fee
for the cost of the background investigation, which shall be the actual
cost to the city of Manteca to conduct the background investigation
as it deems necessary and appropriate, shall be paid at the time the
application for a cannabis business permit is submitted. Evidence
of a conviction of any of the offenses enumerated in Business and
Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation,
shall be grounds for immediate disqualification of the applicant.
L.
Loitering.
The owner and/or operator of a cannabis business shall prohibit loitering
by persons outside the facility both on the premises and within fifty
feet of the premises. The cannabis business shall notify the Manteca
police department if anyone continues to loiter around the building
or premises after all reasonable action has been taken to remove the
individual(s) and the action has failed to do so in a timely manner.
M.
Permits and Other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate pursuant to Section 5.64.330 and all applicable requirements in this chapter.
N.
Each
cannabis operator shall establish minimum training standards for all
employees. The city manager or his or her designee shall have the
discretion to require other training for the business operations should
the city identify deficiencies or noncompliance issues with city or
state requirements.
(Ord. O2021-16 § 1)
The city manager or (his or her) designee may develop other
cannabis business operational requirements or regulations as are determined
to be necessary to protect the public health, safety, and welfare.
(Ord. O2021-16 § 1)
A.
Retailers
shall verify the age and all necessary documentation of each individual
to ensure the customer is not under the age of eighteen years. If
the potential customer is eighteen to twenty years old, retailer shall
confirm the customer's possession of a valid doctor's recommendation
and/or Health and Safety Code Section 11362.71 identification card
(Medical Marijuana Card). For adult-use purchases, retailers shall
verify that all customers are twenty-one years of age or older for
the purchase of cannabis or cannabis products.
B.
Individuals
must show their government-issued identification, and, in the case
of medical cannabis facilities, their physician's recommendation,
or a cannabis card issued pursuant to Health and Safety Code Section
11362.71 in order to gain access into the retailer. The government-issued
identification and, if applicable, doctor's recommendation or cannabis
card must also be shown at the point-of-sale station at the time of
purchase. Doctor recommendations shall not to be obtained or provided
at the retail location.
C.
Uniformed
licensed security personnel shall be employed to monitor site activity,
control loitering and site access, and to serve as a visual deterrent
to unlawful activities. The security personnel shall be at least twenty-one
years of age and 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. Security personnel may be
allowed to carry firearms if authorized by the Manteca police chief.
D.
Retailers
may have only that quantity of cannabis and cannabis products to meet
the daily demand readily available for sale on-site in the retail
sales area of the retailer. Additional product may be stored in a
secured, locked area to which customers, vendors, and visitors shall
not have access.
E.
All
restroom facilities shall remain locked and under the control of management.
F.
Retailers
authorized to conduct retail activities shall only serve customers
who are within the permitted premises, or at a delivery address that
meets the requirements of this division.
1.
The
sale and delivery of cannabis goods shall not occur through a pass-through
window or a slide-out tray to the exterior of the premises.
2.
Retailers
shall not operate as or with a drive-in or drive-through at which
cannabis goods are sold to persons within or about a motor vehicle.
3.
No
cannabis goods shall be sold and/or delivered by any means or method
to any person within a motor vehicle.
4.
All
cannabis goods sold by a retail business shall be contained in child-resistant
packaging.
5.
Retailers
shall record point-of-sale areas and areas where cannabis goods are
displayed for sale on the video surveillance system. At each point-of-sale
location, camera placement must allow for the recording of the facial
features of any person purchasing or selling cannabis goods, or any
person in the retail area, with sufficient clarity to determine identity.
G.
Access
to Retailer Premises.
1.
Access
to the premises of a retail permittee shall be limited to individuals
who are at least twenty-one years of age.
2.
Notwithstanding
Section 5.64.380(H)(1), individuals who are at least eighteen years
of age and in possession of a valid physician's recommendation shall
be granted access to the premises of a retail permittee for the sole
purpose of purchasing medicinal cannabis consistent with the physician's
recommendation.
H.
Authorized
Sales. A retailer shall only sell adult-use cannabis and adult-use
cannabis products to individuals who are at least twenty-one years
of age. A retailer shall only sell medicinal cannabis or medicinal
cannabis products to individuals who are at least eighteen years of
age if those individuals are in possession of a valid physician's
recommendation. Medicinal cannabis sales to individuals twenty-one
years of age and older are unrestricted.
I.
Limited
Access Areas. A retailer shall establish limited-access areas and
permit only authorized individuals to enter the limited-access areas.
Authorized individuals include individuals employed by the retailer
as well as any outside vendors, contractors, or other individuals
conducting business that requires access to the limited access area.
All individuals granted access to the limited access area shall be
at least twenty-one years of age, and if not employed by the retailer,
shall be escorted at all times by an employee of the permittee. A
retailer shall maintain a log of all individuals who are not employees
who are granted access to the limited access area. These logs shall
be made available to the city manager, police chief, or their designees
upon request.
J.
Operating
hours of the storefront retailer shall be limited to the hours of
9:00 a.m. through 9:00 p.m., seven days a week.
(Ord. O2021-16 § 1)
A.
Non-storefront
retailer permit owners and operators are required to verify the age
and the necessary documentation of each customer. They must ensure
that medical customers are at least eighteen years of age and verify
that the customer has a valid doctor's recommendation. Doctor recommendations
shall not to be obtained or provided at the retail location. In the
case of adult-use customers, they must verify that the customer is
at least twenty-one years of age. Sales shall only be made to persons
matching this criteria.
B.
All
storefront retailers and non-storefront retailers (delivery) which
conduct deliveries into or within the city of Manteca shall be required
to obtain a business permit (separate from the permits discussed herein)
from the city of Manteca in order to conduct retail sales regardless
of whether they are located in the city or another local jurisdiction.
C.
Operating
hours of the non-storefront retailer permit or out of town retail
delivery services shall be limited to the hours of 9:00 a.m. through
9:00 p.m., seven days a week.
(Ord. O2021-16 § 1)
Prior to commencing delivery operations, a retailer or non-storefront
retailer shall provide the following information to the city:
A.
Proof
of ownership of the vehicle or a valid lease for any and all vehicles
that will be used to deliver cannabis or cannabis products.
B.
The
year, make, model, color, license plate number, and numerical vehicle
identification number (VIN) for any and all vehicles that will be
used to deliver cannabis goods.
C.
Proof of insurance as required in Section 5.64.340(B) for any and all vehicles being used to deliver cannabis goods.
D.
The
permittee shall provide the city with the information required by
this section in writing for any new vehicle that will be used to deliver
cannabis goods prior to using the vehicle to deliver cannabis goods.
E.
The
permittee shall provide the city with any changes to the information
required by this section in writing within thirty calendar days.
(Ord. O2021-16 § 1)
Prior to commencing operations, a cannabis out-of-city delivery
service shall comply with the following requirements:
A.
Obtain
from the city a business permit (as noted above) authorizing the delivery
of cannabis and cannabis products within the city limits. A copy of
this business permit shall be retained by all drivers.
B.
The
retail business operating the delivery service shall provide the city
manager with evidence of a valid state license for a cannabis business
on whose authorization the delivery service is performing the delivery
function.
C.
The
retail business operating the delivery service shall furnish to the
city manager the year, make, model, license plate number, and numerical
Vehicle Identification Number (VIN) for any and all vehicles that
will be used to deliver cannabis goods.
(Ord. O2021-16 § 1)
Cannabis delivery businesses permitted to engage in delivery
of cannabis and cannabis products inside the city of Manteca are subject
to the following requirements:
A.
A permitted
cannabis business shall not deliver cannabis goods to an address located
on publicly owned land or any address on land or in a building leased
by a public agency.
B.
A permitted
cannabis business shall comply with all requirements of state and
local law pertaining to the cannabis business permit and all subsequent
policies, procedures and regulations which may be amended by the city
manager or his or her designee from time to in order to enforce this
chapter.
C.
Any
kiosk, iPad, tablet, smartphone, fixed location or technology platform,
whether manned or unmanned, other than a retail location permitted
by the city, that facilitates, directs, or assists the retail sale
or delivery of cannabis or cannabis products is prohibited and shall
be a violation of this chapter.
(Ord. O2021-16 § 1)
A.
In addition
to any regulations adopted by the city council, the city manager is
authorized to establish any additional rules, regulations and standards
governing the issuance, denial or renewal of cannabis business permits,
the ongoing operation of cannabis businesses and the city's oversight,
or concerning any other subject determined to be necessary to carry
out the purposes of this chapter.
B.
Regulations
shall be published on the city's website.
C.
Regulations
promulgated by the city manager or (his or her) designee shall become
effective upon date of publication. Cannabis businesses shall be required
to comply with all state and local laws and regulations, including,
but not limited to, any rules, regulations or standards adopted by
the city manager.
(Ord. O2021-16 § 1)
A.
Each
cannabis business shall provide the name, telephone number, and email
address of a community relations contact to whom notice of problems
associated with the cannabis business can be provided. Each cannabis
business shall also provide the above information to all businesses
and residences located within one hundred feet of the cannabis business.
B.
During
the first year of operation pursuant to this chapter, the owner, manager,
and community relations representative from each cannabis business
holding a permit issued pursuant to this chapter shall attend meetings
with the city manager or (his or her) designee, and other interested
parties as deemed appropriate by the city manager or (his or her)
designee, to discuss costs, benefits, and other community issues arising
as a result of implementation of this chapter. After the first year
of operation, the owner, manager, and community relations representative
from each such cannabis business shall meet with the city manager
or his or her designee when and as requested by the city manager or
(his or her) designee.
C.
Cannabis
businesses to which a permit is issued pursuant to this chapter shall
develop a city approved public outreach and educational program for
youth organizations and educational institutions that outlines the
risks of youth addiction to cannabis, and that identifies resources
available to youth related to drugs and drug addiction.
(Ord. O2021-16 § 1)
The amount of any fee, cost or charge imposed pursuant to this
chapter shall be deemed a debt to the city that is recoverable via
an authorized administrative process as set forth in the city ordinance
or in any court of competent jurisdiction.
(Ord. O2021-16 § 1)
The person to whom a permit is issued pursuant to this chapter
shall be responsible for all violations of the laws of the State of
California or of the regulations and/or the ordinances of the city,
whether committed by the permittee or any employee or agent of the
permittee, which violations occur in or about the premises of the
cannabis business whether or not said violations occur within the
permit holder's presence.
(Ord. O2021-16 § 1)
A.
The
city manager or (his or her) designee shall be charged with enforcing
the provisions of the city of Manteca Municipal Code, or any provision
thereof, and may enter the location of a cannabis business at any
time, and inspect the location of any cannabis business as well as,
upon reasonable notice, any recordings and records required to be
maintained pursuant to this chapter or under applicable provisions
of state law.
B.
It is
unlawful for any person having responsibility over the operation of
a cannabis business, to impede, obstruct, interfere with, or otherwise
not to allow, the city to conduct an inspection, review or copy records,
recordings or other documents required to be maintained by a cannabis
business under this chapter or under state or local law. It is also
unlawful for a person to conceal, destroy, deface, damage, or falsify
any records, recordings or other documents required to be maintained
by a cannabis business under this chapter or under state or local
law.
C.
The
city manager charged with enforcing the provisions of this chapter
may enter the location of a cannabis business at any time during the
hours of operation and without notice to obtain samples of the cannabis
to test for public safety purposes. Any samples obtained by the city
of Manteca shall be logged, recorded, and maintained in accordance
with established procedures by the city of Manteca's city manager
or these regulations.
(Ord. O2021-16 § 1)
Each and every violation of the provisions of this chapter constitutes
a misdemeanor and is hereby deemed unlawful and a public nuisance.
The city reserves the right to pursue any available legal remedy to
address violations of this chapter.
(Ord. O2021-16 § 1)
No person(s) (including any applicant, owner, and/or permittee)
shall have any vested rights to any permit, right, and/or interest
under this chapter, regardless of whether such person(s) cultivated,
sold, distributed, and/or otherwise engaged in acts related to the
use of cannabis prior to the adoption of the ordinance codified in
this chapter.
(Ord. O2021-16 § 1)
Prior to operating in the city of Manteca and as a condition
of issuance of a permit, each cannabis business shall enter into a
community benefit agreement with the city of Manteca setting forth
the terms and conditions under which the cannabis business will operate.
(Ord. O2021-16 § 1)
