It is the purpose and intent of this chapter to implement the
provisions of the Medicinal and Adult Use Cannabis Regulation and
Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons
and provide access to cannabis for medicinal purposes as recommended
by their health care provider(s), and to provide access to adult-use
of cannabis for persons over the age of 21 as authorized by the Control,
Tax & Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition
64" passed by California voters in 2016), while imposing reasonable
regulations on the use of land to protect the City's residents, neighborhoods,
and businesses from disproportionately negative impacts. As such,
it is the purpose and intent of this chapter to regulate the cultivation,
processing, manufacturing, testing, sale, delivery, distribution and
transportation of medicinal and adult-use cannabis and cannabis products
in a responsible manner to protect the health, safety, and welfare
of the residents of Santa Barbara and to enforce rules and regulations
consistent with state law. It is the further purpose of intent of
this chapter to require all commercial cannabis businesses to obtain
and renew annually a permit to operate within Santa Barbara. Nothing
in this chapter is intended to authorize the possession, use, or provision
of cannabis for purposes that violate state or federal law. The provisions
of this chapter are in addition to any other permits, licenses and
approvals which may be required to conduct business in the City, and
are in addition to any permits, licenses and approval required under
state, county, or other law.
(Ord. 5813, 2017)
Pursuant to Sections 5 and 7 of Article XI of the California
Constitution, the provisions of MAUCRSA, any subsequent state legislation
and/or regulations regarding same, the City of Santa Barbara is authorized
to adopt ordinances that establish standards, requirements and regulations
for the licensing and permitting of commercial medicinal and adult-use
cannabis activity. Any standards, requirements, and regulations regarding
health and safety, security, and worker protections established by
the State of California, or any of its departments or divisions, shall
be the minimum standards applicable in the City of Santa Barbara to
all commercial cannabis activity.
(Ord. 5813, 2017)
Except as specifically authorized in this chapter or Section 30.185.250, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under California Business & Professions Code Section 26090(e)), of cannabis or cannabis products is expressly prohibited in the City of Santa Barbara.
(Ord. 5813, 2017)
Nothing in this chapter shall be construed as authorizing any
actions that violate federal, state, or local law with respect to
the operation of a commercial cannabis business. It shall be the responsibility
of the Permittees and Responsible Persons of a commercial cannabis
business to ensure that a commercial cannabis business is, at all
times, operating in a manner compliant with all applicable federal,
state and local laws, including for as long as applicable, all state
cannabis laws, any subsequently enacted state law or regulatory, licensing,
or certification standards or requirements, and any specific, additional
operating procedures or requirements which may be imposed as conditions
of approval of the commercial cannabis business permit.
(Ord. 5813, 2017)
When used in this chapter, the following words shall have the
meanings ascribed to them as set forth herein. Any reference to California
statutes includes any regulations promulgated thereunder, and is deemed
to include any successor or amended version of the referenced statute
or regulatory provision.
A license issued by the State of California under MAUCRSA
for cannabis or cannabis products that are intended for adults 21
years of age and over and who do not possess physician's recommendations.
Applicant shall include any individual or entity applying
for a permit under this chapter, including any officer, director,
partner, or other duly authorized representative applying on behalf
of an entity.
The certificate issued by the City's Treasury Division after payment of the business tax fee as set forth in Chapter 5.04 of the City of Santa Barbara Municipal Code.
All parts of the 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. For the purpose of this division, "cannabis"
does not mean "industrial hemp" as defined by Section 11018.5 of the
California Health and Safety Code.
Cannabis that has undergone a process to concentrate one
or more active cannabinoids, thereby increasing the product's potency.
Resin from granular trichomes from a cannabis plant is a concentrate
for purposes of this division. A cannabis concentrate is not considered
food, as defined by Section 109935 of the Health and Safety Code,
or drug, as defined by Section 109925 of the Health and Safety Code.
Cannabis that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited
to, concentrated cannabis, or an edible or topical product containing
cannabis or concentrated cannabis and other ingredients.
All areas occupied by any portion of a cannabis plant, inclusive
of all vertical planes, whether contiguous or noncontiguous on any
one site.
Has the same meaning as that term is defined in Section 11362.7
of the California Health and Safety Code.
The Chief of the Santa Barbara Police Department, or his/her
designee.
The City of Santa Barbara, California.
City Administrator of the City of Santa Barbara, including
his or her designee.
The City of Santa Barbara Municipal Code.
Activities that include the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging,
labeling, transportation, delivery, dispensing, or retail sale of
cannabis and cannabis products as provided for in MAUCRSA.
Any business or operation which engages in medicinal or adult-use
commercial cannabis activity.
The regulatory permit issued by the City of Santa Barbara
pursuant to this chapter to a commercial cannabis business, which
is required before any commercial cannabis activity may legally be
conducted in the City. The initial permit and annual renewal of a
commercial cannabis business permit is made expressly contingent upon
the business' ongoing compliance with all requirements of state law,
this chapter, the Santa Barbara Municipal Code, and any regulations
adopted by the City governing the commercial cannabis activity at
issue.
The Director of the City's Community Development Department,
or his/her designee.
Any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
A location where cannabis is planted, grown, harvested, dried,
cured, graded, or trimmed, or a location where any combination of
those activities occurs.
A natural person 21 year of age; or, a natural person 18
years of age or older who possesses a physician's recommendation.
Day care center has the same meaning as in Section 1596.76
of the Health and Safety Code.
The mobile commercial transfer of cannabis or cannabis products
to a customer. Delivery also includes the use by a retailer of any
technology platform owned and controlled by the retailer.
Any activity involving the retail sale of cannabis or cannabis
products from a retailer.
The procurement, sale, and transport of cannabis and cannabis
products between licensees.
A person holding a valid commercial cannabis business permit
for distribution issued by the City of Santa Barbara, and, a valid
state license for distribution, required by state law to engage in
the business of purchasing cannabis from a licensed cultivator, or
cannabis products from a license manufacturer, for sale to a licensed
retailer.
Cannabis product that is intended to be used, in whole or
in part, for human consumption, and is not considered food. Edible
cannabis product has the same meaning as Business and Professions
Code Section 26001.
The Chief of the Santa Barbara Fire Department, or his/her
designee.
Means the gross receipts of the preceding calendar year or
part thereof or such other fiscal year approved by the administrator,
and is defined as follows:
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The total amount actually received or receivable from all sales;
the total amount of compensation actually received or receivable for
the performance of any act or service, of whatever nature it may be,
for which a charge is made or credit allowed, whether or not such
act or service is done as part of or in connection with the sale of
materials, goods, wares or merchandise; and gains realized from trading
in stocks or bonds, interest discounts, rents, royalties, fees, commissions,
dividends, however designated. Included in "gross receipts" shall
be all receipts, cash, credits and property of any kind or nature,
including the fair market value of samples or withdrawals from inventory
for personal use or consumption by the Permittee or any employee thereof,
without any deduction therefrom on account of the cost of the property
sold, the cost of materials used, labor or service costs, interest
paid or payable, or losses or other expenses whatsoever, except that
the following shall be excluded therefrom:
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1.
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Cash discounts allowed and taken on sales.
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2.
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Credit allowed on property accepted as part of the purchase
price and which property may later be sold, at which time the sales
price shall be included as "gross receipts".
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3.
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Any tax required by law to be included in or added to the purchase
price and collected from the consumer or purchaser (e.g. sales tax).
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4.
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Any part of the sale price of property returned by purchasers
to the seller as refunded by the seller by way of cash or credit allowances
or return of refundable deposits previously included in gross receipts.
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5.
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Receipts of refundable deposits, except that such deposits when
forfeited and taken into income of the business shall not be excluded.
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6.
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Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the administrator with the names and addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustee. (This definition supplements and is in addition to the definitions found in any provision of the City's Code, including, without limitation, Section 5.42.090. In the event of any conflict between this section and Section 5.42.090 shall prevail.)
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A permit or license issued by the State of California, or
one of its departments or divisions, under MAUCRSA and any subsequent
State of California legislation regarding the same, to engage in commercial
cannabis activity.
Any person holding a license issued by the State of California
to conduct commercial cannabis business activities.
Living cannabis flowers and plants including seeds, immature
plants, and vegetative stage plants.
Any person(s) designated by the commercial cannabis business
to act as the representative or agent of the commercial cannabis business
in managing day-to-day operations with corresponding liabilities and
responsibilities, and/or the person in apparent charge of the premises
where the commercial cannabis business is located. Evidence of management
includes, but is not limited to, evidence that the individual has
the power to direct, supervise, or hire and dismiss employees, control
hours of operations, create policy rules, or purchase supplies.
To compound, blend, extract, infuse, or otherwise make or
prepare a cannabis product.
Raw cannabis that has undergone a process whereby the raw
agricultural product has been transformed into a concentrate, extraction
or other manufactured product intended for internal consumption through
inhalation or oral ingestion or for topical application.
A licensee that conducts the production, preparation, propagation,
or compounding of cannabis or cannabis products either directly or
indirectly or by extraction methods, or independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis at a fixed location that packages or repackages cannabis
or cannabis products. A manufacturer may also be a person that infuses
cannabis in its products but does not perform its own extraction.
A location that produces, prepares, propagates, or compounds
cannabis or cannabis products, directly or indirectly, by extraction
methods, independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and is owned and operated by
a person issued a valid commercial cannabis business permit for manufacturing
from the City of Santa Barbara and, a valid state license as required
for manufacturing of cannabis products.
Cannabis or a cannabis product, respectively, intended to
be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition
215) or the Medical Marijuana Program Act of 2003, found at Sections
11362.5 and 11362.71 et seq. of the Health and Safety Code, by a medicinal
cannabis patient in California who possesses a valid and current identification
card issued by a California licensed physician's recommendation.
A license issued by the state of California under MAUCRSA
for commercial cannabis activity involving medicinal cannabis.
Any of the following:
A person with an aggregate ownership interest of 10% or more
in the person applying for a Santa Barbara commercial cannabis business
permit, whether a partner, shareholder, member, or the like, unless
the interest is solely a security, lien, or encumbrance.
The chief executive officer of a nonprofit or other entity.
A member of the board of directors of a nonprofit.
The same definition as California Health and Safety Code
Section 11362.7 et seq., as it may be amended, and which means a person
who is entitled to the protections of California Health & Safety
Code Section 11362.5.
Any person to whom a current and valid City-issued commercial
cannabis business permit has been issued.
Any individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit, and the plural as well as the singular.
The designated structure or structures and land specified
in the application that is owned, leased, or otherwise held under
the control of the applicant where the commercial cannabis activity
will be or is conducted. The premises shall be a contiguous area and
shall only be occupied by one Permittee.
The customer who is engaged in a transaction with a Permittee
for purposes of obtaining cannabis or cannabis products.
All owners and operators of a commercial cannabis business,
including the Permittee and all officers, directors, managers, or
partners, and all persons with authority, including apparent authority,
over the premises of the commercial cannabis business.
A commercial cannabis business facility where cannabis, cannabis
products, or devices for the use of cannabis or cannabis products
are offered, either individually or in any combination, for retail
sale to customers at a fixed location, including an establishment
that also offers delivery of cannabis and cannabis products as part
of a retail sale, and where the operator holds a valid commercial
cannabis business permit from the City of Santa Barbara authorizing
the operation of a retailer, and a valid state license as required
by state law to operate a retailer.
A commercial cannabis business facility where cannabis, cannabis
products, or devices for the use of cannabis or cannabis products
are offered, either individually or in any combination, for retail
sale to customers, where the premises are closed to the public and
sales are conducted exclusively by delivery, where a vehicle is used
to convey the cannabis or cannabis products to the customer from a
fixed location, and where the operator holds a valid commercial cannabis
business permit from the City of Santa Barbara authorizing the operation
of a retailer, and a valid state license as required by state law
to operate a retailer.
Includes any transaction whereby, for any consideration or
gross receipt, whether actual or intangible, title to cannabis or
cannabis products are transferred from one person to another, the
delivery of cannabis or cannabis products pursuant to an order placed
for the purchase of the same and soliciting or receiving an order
for the same, the providing of samples of cannabis and cannabis products
to persons, and also includes the withdrawal for personal use or consumption
of cannabis or cannabis products from inventory by the Permittee or
any employee thereof, but does not include the return of cannabis
or cannabis products by a licensee to the licensee from whom the cannabis
or cannabis product was purchased.
Laws of the State of California, which include California
Health and Safety Code Sections 11362.1 through 11362.45; California
Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996);
California Health and Safety Code Sections 11362.7 to 11362.83 (Medical
Marijuana Program); California Health and Safety Code Sections 26000
through 26211 (Medicinal and Adult-Use Cannabis Regulation and Safety
Act ("MAUCRSA")); California Health and Safety Code Sections 26220
through 26231.2; the California Attorney General's Guidelines for
the Security and Non-Diversion of Marijuana Grown for Medical Use
issued in August, 2008, as such guidelines may be revised from time
to time by action of the Attorney General; California Labor Code Section
147.5; California Revenue and Taxation Code Sections 31020 and 34010
through 34021.5; California Fish and Game Code Section 12029; California
Water Code Section 13276; all state regulations adopted pursuant to
MAUCRSA; and all other applicable laws of the State of California.
A laboratory, facility, or entity in the state that offers
or performs tests of cannabis or cannabis products and that is both
of the following:
A product intended for external application and/or absorption
through the skin. A topical cannabis product is not considered a drug
as defined by Section 109925 of the California Health and Safety Code.
The transfer of cannabis products from the permitted business
location of one licensee to the permitted business location of another
licensee, for the purposes of conducting commercial cannabis activity
authorized by MAUCRSA which may be amended or repealed by any subsequent
State of California legislation regarding the same.
The same meaning as in Section 11353.1 of the Health and
Safety Code.
(Ord. 5813, 2017)
No person may engage in any commercial cannabis business or
in any commercial cannabis activity within the City of Santa Barbara
including cultivation, manufacture, processing, laboratory testing,
transporting, dispensing, distribution, or sale of cannabis or a cannabis
product unless the person (1) has a valid commercial cannabis business
permit from the City of Santa Barbara; (2) has a valid State of California
Seller's Permit; and (3) is currently in compliance with all applicable
state and local laws and regulations pertaining to the commercial
cannabis business and commercial cannabis activities, including the
duty to obtain any required state licenses.
(Ord. 5813, 2017)
The number of each type of commercial cannabis business that
shall be permitted to operate in the City shall be established by
resolution of the City Council.
A.
This
section is only intended to create a maximum number of commercial
cannabis businesses that may be issued permits to operate in the City
under each category. Nothing in this chapter creates a mandate that
the City must issue any or all of the commercial cannabis business
permits if it is determined that it is in the best interest of the
City to not issue the maximum number, or any number of permits, or
if the applicants do not meet the standards which are established
in the application requirements or further amendments to the application
process.
B.
Each
year following the initial award of permits, if any, or at any time
in the City Council's discretion, the City Council may reassess the
number of commercial cannabis business permits which are authorized
for issuance. The City Council, in its discretion, may determine by
resolution that the number of commercial cannabis permits should stay
the same, be reduced, or be expanded.
(Ord. 5813, 2017)
A.
The
City Council will adopt by resolution the procedures to govern the
application process, and the manner in which the decision will ultimately
be made regarding the issuance of any commercial cannabis business
permit(s), including objective review criteria ("Review Criteria").
The resolution will authorize the City Administrator, or his or her
designee, to prepare the necessary forms, adopt any necessary rules
to the application, regulations and processes, solicit applications,
conduct initial evaluations of the applicants, and to ultimately issue
commercial cannabis business permits.
B.
Any
person seeking to obtain a commercial cannabis business permit shall
submit a written application to the City, signed under penalty of
perjury, using the form adopted by the City for that purpose. The
application shall be accompanied by a non-refundable application fee
established by resolution of the City Council, to defray the costs
incurred by the City in the application process set forth in this
chapter, and shall be commenced pursuant to the provisions of the
City's Phase I and Phase II conditions set forth herein.
C.
As part
of the application process, the applicant shall be required to obtain
all required land use approvals from the City's Community Development
Department, including a certification from the Community Development
Director certifying that the business is a permitted use in the zone
where it is located, and the proposed site meets all of the requirements
of Title 30 of this code.
D.
As a
condition precedent to the City's issuance of a commercial cannabis
business permit pursuant to this chapter, any person intending to
open and to operate a commercial cannabis business shall provide sufficient
evidence of the legal right to occupy and to use the proposed location.
In the event the proposed location will be leased from another person,
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 commercial
cannabis business on the owner's property.
E.
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 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 Applicant and Responsible
Person of the Commercial Cannabis Business must submit fingerprints
and other information deemed necessary by the Chief of Police for
a background check by the Santa Barbara Police Department. No person
shall be issued a permit to operate a Commercial Cannabis Business
unless they have first cleared the background check, as determined
by the Chief of Police, as required by this section. A fee for the
cost of the background investigation, which shall be the actual cost
to the City of Santa Barbara to conduct the background investigation
as it deems necessary and appropriate, shall be paid at the time the
application for a commercial cannabis business permit is submitted.
F.
After
the initial application review and background check, the City Administrator
may make a final determination in accordance with this chapter.
(Ord. 5813, 2017)
A.
The
applicants who are qualified under the Review Criteria, in each category
of commercial cannabis business to be allowed in the City, will be
reviewed by the City Administrator for a final determination to be
made at a public hearing. An applicant who is deemed qualified is
not guaranteed any particular result in the application process.
B.
Phase
I applications for permitting of any commercial cannabis business
shall be filed with the City Administrator's, or his or her designee's
office, no later than March 30, 2018. Applications shall be on forms
provided by the City and shall be accompanied by a nonrefundable permit
application fee set by resolution. Applications received after March
30, 2018 shall be considered but not given priority. The Phase I application
shall be signed by one or more Manager under penalty of perjury and
shall set forth in writing:
1.
Identity
of the Commercial Cannabis Business. A description of the statutory
entity or business form that will serve as the legal structure for
the collective or cooperative and a copy of its formation and organizing
documents, including, but not limited to, articles of incorporation,
certificate of amendment, statement of information, articles of association,
bylaws, partnership agreement, operating agreement, and fictitious
business name statement. If a corporation, limited liability company,
or a general or limited partnership is a stockholder owning more than
10% of the stock or membership interest of an applicant's commercial
cannabis business, or is one or more of the partners in an applicant's
commercial cannabis business, the applicant shall set forth the names
and addresses of each of the partners, officers, directors, and stockholders
of the corporation, limited liability company, or general or limited
partnership.
2.
Management
Information.
a.
The name, address, telephone number, title, and function(s) of each
manager of the commercial cannabis business.
b.
For each manager, a legible copy of one valid government-issued form
of photo identification, such as a state driver's license, a passport
issued by the United States, or a permanent resident card.
3.
Applicant's
Phone Number and Mailing Address. The phone number and address to
which notice of action on the application and future correspondence
is to be mailed.
C.
Prior
to the City Administrator's consideration of a Commercial Cannabis
Business permit applicant, a meeting will be held so that the public
may comment on the proposed commercial cannabis businesses. At least
10 days prior to the public meeting, notice of the public meeting
will be sent to all property owners and occupants located within 300
feet of the proposed business locations of each of the qualified applicants
to be considered by the City Administrator, or his or her designee(s).
D.
Upon
receiving a Phase I application for a commercial cannabis business
permit, the City Administrator, or his or her designee(s), shall determine
whether the application is complete. If the City Administrator determines
that the application is incomplete or has been completed improperly,
the City Administrator shall notify the applicant. The City Administrator
may grant the applicant an extension of up to 10 days to complete
the Phase I application. If the City Administrator determines that
the Phase I application is complete and, on the face of the application
is deemed qualified and acceptable by the City, the City shall notify
the applicant of its selection of eligibility for Phase II of the
City permit application for any commercial cannabis business.
E.
If the
City Administrator notifies the applicant that it may continue to
Phase II in the application process, the applicant shall, no later
than May 31, 2018, file a Phase II application with the City Administrator's
office that includes a list of each misdemeanor and/or felony conviction,
if any, of the applicant and the manager(s), whether the conviction
was by verdict, plea of guilty, or plea of nolo contendere.
F.
The
City Administrator may either deny or approve the Phase II candidates,
and may select the candidates in each category of the Commercial Cannabis
Businesses to be awarded Commercial Cannabis Business permits. The
City Administrator's decision as to the selection of the prevailing
candidates shall be final.
G.
Issuance
of a commercial cannabis business permit does not create a land use
entitlement. Furthermore, no permit will be officially issued, and
no applicant awarded a permit may begin operations, unless all of
the state and local laws and regulations, including, but not limited
to, the requirements of this code and of the permit, have been complied
with, and a copy of the applicant's state issued commercial license
has been provided to the City Administrator. Until a state license
is available and obtained by the Permittee, all Permittees must comply
with all provisions of the State Cannabis Laws.
H.
Notwithstanding
anything in this chapter to the contrary, the City reserves the right
to reject any or all applications if it determines it would be in
the best interest of the City, taking into account the health, safety
and welfare of the community. Applications may also be rejected for
the following reasons:
1.
The
Application is received after designated time and date;
2.
The
Applicant has failed to submit a complete application, or the application
is not organized in the required format;
3.
The
Applicant has failed to pay the application fee as required by this
chapter and by City Council resolution;
4.
The
Applicant has made a false, misleading or fraudulent statement or
omission of fact in the application or in the application process;
5.
Application
contains excess or extraneous material not called for in the Application
package;
6.
The
Applicant, its Owner, Manager or a Responsible Person has, within
the past three years, been sanctioned or fined for, enjoined from,
or found guilty of or plead guilty or no contest to a charge of operating
a commercial cannabis business or retailer in the state without the
necessary permits and approvals from the applicable state and/or local
jurisdictions;
7.
The
Applicant, an Owner, or Manager has been convicted within the past
10 years of any of the offenses listed in Section 9.44.110.D; or
8.
The
applicant is under 21 years of age.
I.
Applicants
shall have no right to a commercial cannabis business permit until
a permit is actually issued, and then only for the duration of the
permit's term. Each applicant assumes the risk that, at any time prior
to the issuance of a permit, the City Council may terminate or delay
the program created under this chapter.
J.
If an
application is denied, a new application may not be filed for one
year from the date of the denial.
K.
Prior
to operating a commercial cannabis business, each person awarded a
commercial cannabis business permit shall be required to pay a permit
fee established by resolution of the City Council, to cover the costs
of administering the commercial cannabis business permit program created
in this chapter.
(Ord. 5813, 2017)
Each commercial cannabis business permit issued pursuant to this chapter shall expire 12 months after the date of its issuance. Commercial cannabis business permits may be renewed as provided in Section 9.44.120.
(Ord. 5813, 2017)
A.
Failure
of a Permittee to comply with any requirement imposed by the provisions
of this code (or successor provision or provisions) including any
rule, regulation, condition or standard adopted pursuant to this chapter,
or any term or condition imposed on the Commercial Cannabis Business
permit, or any provision of state law, may be grounds for revocation
of the permit.
B.
Revocation
of a state license issued under MAUCRSA shall be grounds for revocation
of a commercial cannabis business permit issued by the City.
C.
A permit
may be revoked if the Permittee, its owner, manager or a responsible
person has, within the past three years, been sanctioned or fined
for, enjoined from, or found guilty of or plead guilty or no contest
to a charge of operating a commercial cannabis business or retailer
in the state without the necessary permits and approvals from the
applicable state and/or local jurisdictions.
D.
Conviction
within the past 10 years of the Permittee, its owner or manager, including
a plea of guilty or no contest, to any the following offenses shall
be grounds for revocation of a commercial cannabis business permit
issued by the City:
1.
A
violent felony, as specified in Section 667.5(c) of the Penal Code.
2.
A
serious felony, as specified in Section 1192.7(c) of the Penal Code.
3.
A
felony involving fraud, deceit, or embezzlement.
4.
A
felony 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.
5.
A
felony for drug trafficking with enhancements pursuant to Section
11370.4 or 11379.8 of the Health and Safety Code.
6.
A
felony or misdemeanor involving the illegal possession for sale, manufacture,
transportation, or cultivation of a controlled substance occurring
after January 1, 2016.
E.
If the
City Administrator determines that a ground for revocation of a commercial
cannabis business permit exists, the City Administrator shall give
notice of revocation by dated written notice to the Permittee.
F.
The City Administrator shall cause the Permittee to be served, either personally or by first class mail addressed to the address listed on the application, with a written notice to revoke a permit. This notice shall state the reasons for the action, the effective date of the decision, the right of the Permittee to appeal the decision to the City Council, and that the City Administrator's decision will be final if no written appeal is timely submitted to, and received by, the City, pursuant to the provisions in Section 9.44.140 of this chapter. This notice will be effective within 10 calendar days from the date of service of the notice. If an appeal is timely and properly filed in accordance with Section 9.44.140, then the effective date of the notice is stayed.
(Ord. 5813, 2017)
A.
An application
for renewal of a commercial cannabis business permit shall be filed
with the City Administrator's office at least 60 calendar days prior
to the expiration date of the current permit.
B.
Any
Permittee submitting an application less than 60 days before its expiration
shall be required to pay a late renewal application fee, as established
by resolution of the City Council. Any renewal application filed less
than 30 days before its expiration may be rejected by the City on
that basis alone.
C.
The
renewal application shall contain all the information required for
new applications.
D.
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.
E.
An application
for renewal of a commercial cannabis business permit may be denied
if any of the following exists:
2.
The
commercial cannabis business permit is suspended or revoked at the
time of the application.
3.
The
commercial cannabis business has not been in regular and continuous
operation in the four months prior to the renewal application.
4.
The
Permittee fails or is unable to renew its State of California license.
5.
If
the Permittee has made a false, misleading or fraudulent statement
or omission of fact in the renewal application.
F.
The City Administrator is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Administrator 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 Administrator shall be handled pursuant to Section 9.44.140.
G.
If a
renewal application is denied, a person may file a new application
pursuant to this chapter no sooner than one year from the date of
the rejection.
(Ord. 5813, 2017)
A.
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 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.
B.
Should
the State of California, or any of its departments or divisions, revoke
or terminate the license of a commercial cannabis business, such revocation
or termination shall also revoke or terminate the ability of a commercial
cannabis business to operate within the City of Santa Barbara.
C.
Permittee
shall notify the City Administrator in writing within five days of
suspension or revocation of a license issued by the State of California,
or by any of its departments or divisions.
(Ord. 5813, 2017)
A.
Notice
of, and Time to, Appeal, and Effect of Timely Appeal.
1.
A
Permittee of a commercial cannabis business may appeal any decision
of the City Administrator, by filing with the City Clerk a written
notice of appeal within 10 calendar days from the date of service
of the notice issued by the City Administrator of his or her decision.
2.
The
notice of appeal shall be in writing and signed by the person making
the appeal ("appellant"), or his or her legal representative, and
shall contain the following:
a.
Name, address, and telephone number of the appellant.
b.
Specify that the person is appealing from a specified decision, action,
or a particular part thereof, made by the City Administrator.
c.
Include a true and correct copy of the notice issued by the City
Administrator for which the appellant is appealing.
d.
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.
e.
All documents or other evidence pertinent to the appeal that the
appellant requests the City Council to consider at the hearing.
3.
Failure
of the City Clerk to receive a timely appeal constitutes a waiver
of the right to appeal the notice issued by the City Administrator.
In this event, City Administrator's notice of revocation, nonrenewal,
suspension and/or other action is final and binding.
4.
In
the event a written notice of appeal is timely filed, the nonrenewal,
suspension, revocation, or other action shall not become effective
until a final decision has been rendered and issued by the City Council.
If no appeal is timely filed in the event of a decision of nonrenewal,
the commercial 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 of suspension or revocation, the suspension or revocation
shall become effective upon the expiration of the period for filing
a written notice of appeal.
B.
Review
by City Council; Appeal Hearing and Proceedings.
1.
All
appellants shall, subject to filing a timely written notice of appeal,
obtain review thereof before the City Council. The administrative
appeal shall be scheduled no later than 60 calendar days, and no sooner
than 21 calendar days, after receipt of a timely filed notice of appeal.
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
10 calendar days before the date of the hearing ("notice of appeal
hearing").
2.
All
requests by an appellant 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 may continue
a hearing for good cause or on its own motion; however, in no event
may the hearing be continued for more than 30 calendar days without
stipulation by all parties.
3.
The
City Council shall preside over the hearing on appeal.
4.
At
the date, time and location set forth in the notice of appeal hearing,
the City Council shall hear and consider the testimony of the appellant(s),
City staff, and/or their witnesses, as well as any documentary evidence
properly submitted by these persons.
5.
The
following rules shall apply at the appeal hearing:
a.
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.
b.
The City bears the burden of proof to establish the grounds for denial,
nonrenewal, suspension or revocation by a preponderance of the evidence.
c.
The issuance of the City Administrator's notice constitutes prima
facie evidence of grounds for the denial, nonrenewal, suspension or
revocation, and City or County personnel who significantly took part
in the investigation, which contributed to the City Administrator
issuing a notice of decision, may be required to participate in the
appeal hearing.
d.
Each party shall have the right to introduce evidence, to present
and examine witnesses, and to cross-examine opposing witnesses who
have testified under direct examination. The City Council may also
call witnesses, and examine any person who introduces evidence or
testifies at any hearing.
e.
The City Council may accept and consider late evidence not submitted
initially with the notice of appeal upon a showing by the appellant
of good cause. The City Council shall determine whether a particular
fact or facts amount to good cause on a case-by-case basis.
f.
The appellant may bring a language interpreter to the hearing at
his or her sole expense.
g.
The City may, at its discretion, record the hearing by stenographer
or court reporter, audio recording, or video recording.
6.
If
the appellant, or his or her legal representative, fails to appear
at the appeal hearing, the City Council may cancel the appeal hearing
and send a notice thereof to the appellant by 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 City Administrator's
notice of decision is final and binding.
C.
Decision
of City Council or Appointed Hearing Officer.
1.
Following
the conclusion of the appeal hearing, the City Council shall determine
if any ground exists for the nonrenewal, suspension or revocation
of a commercial cannabis business permit or other action. If the City
Council determines that no grounds for denial, nonrenewal, suspension,
revocation, or other action exist, the City Administrator's notice
of decision shall be deemed cancelled. If the City Council determines
that one or more of the reasons or grounds enumerated in the notice
of decision exists, a written final decision shall be issued by the
City Clerk within 10 days, which shall at minimum contain the following:
2.
The decision of the City Council is final and conclusive. The written final decision shall also contain the following statement: "The decision of the City Council [or appointed hearing officer], is final and binding. Judicial review of this decision is subject to Chapter 1.30 of the Code."
3.
A
copy of the final decision shall be served by first class mail on
the appellant. If the appellant is not the owner of the real property
in which the commercial 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. 5813, 2017)
A.
A commercial
cannabis business permit issued under this chapter is valid only as
to the Permittee and approved location, and is therefore nontransferable
to other persons, projects or locations.
B.
No commercial
cannabis business permit may be sold, transferred or assigned by a
Permittee, or by operation of law, to any other person, persons, or
entities. Any such sale, transfer, or assignment, or attempted sale,
transfer, or assignment shall be deemed to constitute a voluntary
surrender of such permit and such permit shall thereafter be null
and void, except as set forth in this chapter.
(Ord. 5813, 2017)
No Permittee shall change the location of the commercial cannabis
business specified in the commercial cannabis business permit until
any such change of location is approved by the City Administrator.
Within 90 days of the effective date of this chapter, the City Administrator
shall adopt a process (to include any necessary forms and procedures)
for the relocation of commercial cannabis businesses that includes
the following:
A.
The
Permittee shall submit a change of location application to the City
at least 60 days prior to the proposed change.
B.
The proposed location shall meet all the requirements under this code, including, but not limited to, this chapter and Title 30.
C.
The proposed location shall be reviewed and evaluated using review criteria as referenced in Section 9.44.090.
D.
The
relocation of a Permittee's commercial cannabis business shall be
subject to the prior review and approval by the City Administrator
at a public meeting.
E.
No later
than 10 days prior to the public meeting, notice of the proposed location
for the relocation of any commercial cannabis business will be sent
to all property owners and occupants located within 300 feet of the
proposed premises.
(Ord. 5813, 2017)
A.
No Permittee
shall transfer ownership or control of a commercial cannabis business
unless and until the proposed new owner submits all required application
materials and pays all applicable fees, and independently meets the
requirements of this chapter such as to be entitled to the issuance
of an original commercial cannabis business permit issued by the City
Council.
B.
A substantial change in the ownership of a Permittee business entity (changes that result in a change of 51% or more of the original ownership), must be approved by the City Administrator after completion of the application process under this chapter, including evaluation under the Review Criteria referenced in Section 9.44.090.
C.
No Permittee
may avail themselves of the provisions of this section if the City
Administrator has notified the Permittee that the commercial cannabis
business permit has been or may be suspended, revoked, or not renewed.
D.
Failure
to comply with this section is grounds for revocation of a commercial
cannabis business permit.
E.
Any
attempt to transfer a commercial cannabis business permit either directly
or indirectly in violation of this section is hereby declared void,
and such a purported transfer shall be deemed a ground for revocation
of the permit.
(Ord. 5813, 2017)
A.
One
or more proposed partners in a partnership granted a commercial cannabis
business permit may make application to the City Administrator, together
with the fee established by the City Council, to amend the original
application, providing all information as required for partners in
the first instance and, upon approval thereof, the transfer of the
interests of one or more partners to the proposed partner or partners
may occur. If the Permittee is a partnership and one or more of the
partners should die, one or more of the surviving partners may acquire,
by purchase or otherwise, the interest of the deceased partner or
partners without effecting a surrender or termination of such permit,
and in such case, the commercial cannabis business permit, upon notification
to the City Administrator, shall be placed in the name of the surviving
partners.
B.
If the
commercial cannabis business permit is issued to a corporation, stock
may be sold, transferred, issued, or assigned to stockholders who
have been named on the application. If 51% or more of any stock is
sold, transferred, issued, or assigned to a person not listed on the
application as a stockholder, the permit shall be deemed terminated
and void; provided, however, the proposed stock purchaser transferee
may submit to the City Administrator, together with the fee established
by the City Council, an application to amend the original application
providing all information as required for stockholders in the first
instance under this chapter, and, upon approval thereof, the transfer
may then occur.
C.
All
proposed changes in ownership, with the exception of transfers occurring
due to death of a partner or stockholder as described in this section,
must be submitted to the City 30 calendar days prior to the change,
along with any proposed organizational documents reflecting said changes.
If the change in ownership is approved by the City Administrator all
organizational documents must be submitted the City Administrator
within 30 calendar days of being executed, or if applicable, filed
with the Secretary of State.
(Ord. 5813, 2017)
A.
The
Permittee shall advise the City Administrator within 15 calendar days
of all changes of name or designation under which the business is
to be conducted. The change of name or designation shall be accompanied
by a nonrefundable fee established by resolution of the City Council
to defray the costs of reissuance of the commercial cannabis business
permit.
B.
No Permittee
shall operate, conduct, manage, engage in, or carry on the business
of a commercial cannabis business under any name other than the name
of the commercial cannabis business specified in the permit.
C.
All
required City approvals, plan approvals, and permits must be obtained
before causing, allowing, or permitting alterations to, and/or extensions
or expansions of, the existing building(s), structure(s), or portions
thereof, approved as a location for a commercial cannabis business.
Said alterations, extensions, or expansions shall comply with all
applicable laws, regulations and standards, including those concerning
building safety and occupancy.
D.
Within
15 calendar days of any other change in the information provided in
the application form or any change in status of compliance with the
provisions of this chapter, the Permittee shall notify the City on
a form approved by the City Administrator for review along with a
permit amendment fee, as adopted by Resolution of the City Council.
(Ord. 5813, 2017)
Prior to commencing operations, a Permittee of a commercial
cannabis business shall obtain a City of Santa Barbara business tax
certificate.
(Ord. 5813, 2017)
Prior to commencing operations, a commercial cannabis business
shall be subject to a mandatory inspection of the premises, and must
obtain all required building permits and approvals which would otherwise
be required for any business of the same size and intensity operating
in that zone. The Permittee shall also obtain all required Building
Safety Division approvals, Fire Department approvals, Health Department
approvals and any other permit or approval required by this code or
applicable law.
(Ord. 5813, 2017)
To the fullest extent permitted by law, the City of Santa Barbara
shall not assume any liability whatsoever with respect to having issued
a commercial cannabis business permit pursuant to this chapter or
otherwise approving the operation of any commercial cannabis business.
As a condition to the approval of any commercial cannabis business
permit, the applicant shall be required to meet all of the following
conditions before they can receive the commercial cannabis business
permit:
A.
They
must execute an agreement, in a form approved by the City Attorney,
agreeing to indemnify, defend (at applicant's sole cost and expense),
and hold harmless the City of Santa Barbara, and its officers, officials,
employees, representatives, and agents from any and all claims, losses,
damages, injuries, liabilities or losses which arise out of, or which
are in any way related to, the City's issuance of the commercial cannabis
business permit, the City's decision to approve the operation of the
commercial cannabis business or activity, to process used by the City
in making its decision, or the alleged violation of any federal, state
or local laws by the commercial 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 of Santa Barbara for all costs and expenses including, but
not limited to, attorney fees and costs and court costs which the
City of Santa Barbara may be required to pay as a result of any legal
challenge related to the City's approval of the applicant's commercial
cannabis business permit, or related to the City's approval of the
applicant's commercial cannabis activity. The City of Santa Barbara
may, at its sole discretion, participate at its own expense in the
defense of any such action, but such participation shall not relieve
any of the obligations imposed hereunder.
(Ord. 5813, 2017)
A.
Each
owner and operator of a commercial cannabis business shall maintain
an accurate and complete set of books, records, and other information
sufficient to allow the City, readily available within an electronic
or printed format available for onsite or offsite review, sufficient
to allow the City to determine the correct amount of value or correct
amount of any tax, license, permit, or fee administered by the City,
or other records or information as may be necessary for the proper
administration of any matters under the jurisdiction of the City.
On no less than an annual basis (at or before the time of the renewal
of a commercial cannabis business permit issued pursuant to this chapter),
or at any time upon reasonable request of the City, each commercial
cannabis business shall file a sworn statement detailing the commercial
cannabis business' revenue and number of sales during the previous
12-month period (or shorter period based upon the timing of the request),
provided on a per-month basis. The statement shall also include gross
receipts for each month, and all applicable taxes 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' operations conducted by
an independent certified public accountant, or agent of the City.
Each Permittee shall be subject to a regulatory compliance review
and financial audit, as determined by the City Administrator or his
or her designee.
B.
Each
owner and operator of a commercial 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 commercial cannabis business, and separately of
all the officers, managers, employees, agents and volunteers currently
employed or otherwise engaged by the commercial cannabis business.
The register required by this subsection shall be provided to the
City Administrator upon a reasonable request.
C.
All
records collected by a Permittee pursuant to this chapter shall be
maintained for a minimum of seven years and shall be made available
by the Permittee to the agents, designees, or employees of the City
of Santa Barbara upon request, except that private medical records
shall be made available only pursuant to a properly executed search
warrant, subpoena, or court order, if applicable.
D.
All
commercial 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, production, dispensing, manufacturing,
laboratory testing, and distribution processes until purchase as set
forth MAUCRSA.
E.
Subject
to any restrictions under the Health Insurance Portability and Accountability
Act (HIPAA) regulations, each commercial cannabis business shall allow
City of Santa Barbara officials, or its agents or designees, to have
access to the business's books, records, accounts, together with any
other data or documents relevant to its permitted commercial cannabis
activities as defined herein above, for the purpose of conducting
an audit or examination. Books, records, accounts, and any and all
relevant data or documents will be produced no later than 24 hours
after receipt of the City's request, and shall not include or be coupled
with in any manner, records which would be the subject of any such
books, records, accounts, or any other relevant data or documents
to any restrictions under HIPAA, unless otherwise stipulated by the
City. The City may require the materials to be submitted in an electronic
format that is compatible with the City's software and hardware.
(Ord. 5813, 2017)
A.
All
permitted commercial cannabis businesses 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 commercial cannabis
business. Except as may otherwise be determined by the Chief of Police,
these security measures shall include, but shall not be limited to,
all of the following:
1.
Preventing
individuals from remaining on the premises of the commercial cannabis
business if they are not engaging in an activity directly related
to the permitted operations of the commercial cannabis business.
2.
Establishing
limited access areas accessible only to authorized commercial cannabis
business personnel.
3.
Except
for live growing plants which are being cultivated at a cultivation
facility, all cannabis and cannabis products shall be stored in a
secured and locked room, safe, or vault. All cannabis and cannabis
products, including live plants that are being cultivated, shall be
kept in a manner as to prevent diversion, theft, and loss.
4.
Installing
24-hour security surveillance cameras of at least HD-quality to monitor
all entrances and exits to and from the premises, all interior spaces
within the commercial 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.
The commercial cannabis business shall be responsible for ensuring
that the security surveillance camera's footage is remotely accessible
by the Chief of Police, 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 shall be provided to the Chief
of Police upon request. Video recordings shall be maintained for a
minimum of 60 days, and shall be made available to the Chief of Police
upon request. Video shall be of sufficient quality for effective prosecution
of any crime found to have occurred on the site of the commercial
cannabis business.
5.
Sensors
shall be installed to detect entry and exit from all secure areas.
6.
Panic
buttons shall be installed in all commercial cannabis businesses.
7.
Having
a professionally installed, maintained, and monitored alarm system.
8.
Any
bars installed on the windows or the doors of the commercial cannabis
business shall be installed only on the interior of the building.
9.
Security
personnel shall be on site during regular business hours, and the
Police Chief may require additional security as warranted. Security
personnel must be licensed by the State of California Bureau of Security
and Investigative Services and shall be subject to the prior review
and approval of the Chief of Police, with such approval not to be
unreasonably withheld.
10.
Each commercial 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.
B.
Each
commercial cannabis business shall identify a designated security
representative/liaison to the City of Santa Barbara, who shall be
reasonably available to meet with the Chief of Police regarding any
security related measures and/or operational issues.
C.
As part
of the application and permitting process, each commercial 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, and any currency.
D.
The
commercial cannabis business shall cooperate with the City whenever
the City Administrator makes a request, upon reasonable notice to
the commercial cannabis business, to inspect or audit the effectiveness
of any security plan or of any other requirement of this chapter.
E.
A commercial
cannabis business shall notify the Chief of Police within 24 hours
after discovering any of the following:
1.
Significant
discrepancies identified during inventory. The level of significance
shall be determined by the security regulations promulgated by the
Chief of Police.
2.
Diversion,
theft, loss, or any criminal activity involving the commercial cannabis
business or any agent or employee of the commercial cannabis business.
3.
The
loss or unauthorized alteration of records related to cannabis, registering
qualifying patients, primary caregivers, or employees or agents of
the commercial cannabis business.
4.
Any
other breach of security.
(Ord. 5813, 2017)
No person shall cause or permit the sale, dispensing, or consumption
of alcoholic beverages or tobacco products on or about the premises
of a commercial cannabis business.
(Ord. 5813, 2017)
A.
No person
may commence or continue any commercial cannabis activity in the City
without timely paying in full all fees and charges required for the
operation of a commercial cannabis activity. Fees and charges associated
with the operation of a commercial cannabis activity shall be established
by resolution of the City Council which may be amended from time to
time.
B.
All
commercial cannabis businesses authorized to operate under this chapter
shall pay all sales, use, business and other applicable taxes, and
all license, registration, and other fees required under federal,
state and local law. Each commercial cannabis business shall cooperate
with the City with respect to any reasonable request to audit the
commercial 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 required to be paid during
any period.
(Ord. 5813, 2017)
A.
No commercial
cannabis business shall be located within a 600-foot radius of a school
providing instruction in kindergarten or any grades 1 through 12,
day care center, or youth center that is in existence at the time
of issuance of a commercial cannabis business permit from the City.
The distance specified in this section shall be the horizontal distance
measured in a straight line from the property line of the school or
other protected business to the closest property line of the lot on
which the commercial cannabis business is located, without regard
to intervening structures.
B.
Commercial
cannabis businesses may operate only during the hours established
by Resolution of the City Council and specified in the commercial
cannabis business permit issued by the City.
C.
Cannabis
shall not be consumed by anyone on the premises of any commercial
cannabis business.
D.
No cannabis
or cannabis products shall be visible from the exterior of any property
issued a commercial cannabis business permit, or on any of the vehicles
owned or used as part of the commercial cannabis business. No outdoor
storage of cannabis or cannabis products is permitted at any time.
E.
Each
commercial cannabis business shall have in place an electronic point-of-sale
software system, which provides and includes inventory tracking and
management capabilities, and shall be utilized to track and report
on all aspects of the commercial cannabis business including, but
not limited to, such matters as cannabis tracking, inventory data,
gross sales (by weight, purchase price, mark-up percentages, and gross
receipts derived from the wholesale or retail sale thereof) and other
information which may be deemed necessary by the City. The commercial
cannabis business shall ensure that such information is compatible
with the City's recordkeeping 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 Administrator prior to being used by the Permittee.
F.
All
cannabis and cannabis products sold, tested, distributed or manufactured
shall be cultivated, manufactured, and transported by licensed facilities
that maintain operations in full conformance with State and local
regulations.
G.
No physician
shall be permitted in any commercial cannabis business at any time
for the purpose of evaluating patients for the issuance of a medicinal
cannabis recommendation or medicinal cannabis identification card
where applicable.
H.
All
commercial cannabis retailers shall have a manager on the premises
at all times during hours of operation.
I.
Each
commercial cannabis business shall provide the City Administrator
with the name, telephone number (both land line and mobile, if available)
of an on-site manager or owner to whom emergency notice may be provided
at any hour of the day.
J.
Signage
and Notices.
1.
In
addition to the requirements otherwise set forth in this section,
business identification signage for a commercial cannabis business
shall conform to the requirements of state law and the Santa Barbara
Municipal Code, including, but not limited to, the requirements for
a City sign permit.
2.
The
premises of each commercial 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 commercial cannabis business is prohibited.
K.
Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business, and shall not be allowed to serve as a driver for a mobile delivery service, except as provided for below in Section 9.44.180 pertaining to sales of cannabis for medicinal use. It is unlawful and a violation of this chapter to employ any person at a commercial cannabis business who is not at least 21 years of age.
L.
Odor
control devices and techniques shall be incorporated in all commercial
cannabis businesses to ensure that odors from cannabis are not detectable
off-site. Commercial cannabis businesses shall provide a sufficient
odor absorbing ventilation and exhaust system so that odor generated
inside the commercial 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 around 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 commercial cannabis business. As such, commercial cannabis
businesses must install and maintain the following equipment, or any
other equipment which the Community Development Director 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 commercial
cannabis business's interior and exterior, so that the odors generated
inside the commercial cannabis business are not detectable on the
outside of the commercial cannabis business.
M.
The
original copy of the commercial cannabis business permit issued by
the City pursuant to this chapter and the City issued business tax
certificate shall be posted inside the commercial cannabis business
in a location readily visible to the public.
N.
The
Permittee of a commercial cannabis business shall prohibit loitering
by persons outside on the premises.
O.
Prior
to the operation of a commercial cannabis business, the person intending
to establish a commercial cannabis business must first obtain all
applicable planning, zoning, building, and other applicable permits
and approvals from the relevant City department or division which
may be applicable to the zoning district in which such commercial
cannabis business intends to establish and to operate.
P.
Nothing
in this chapter exempts a commercial cannabis business from complying
with all applicable local, state and federal laws and regulations
pertaining to persons with disabilities.
Q.
No commercial
cannabis business may discriminate or exclude patrons in violation
of local, state and federal laws and regulations.
(Ord. 5813, 2017)
A.
No commercial
cannabis retailer offering storefront purchase shall be located within
1000 feet from another commercial cannabis storefront retailer. The
distance specified in this section shall be the horizontal distance
measured in a straight line from the property line of one commercial
cannabis storefront retailer to the closest property line of the lot
on which another commercial cannabis business is located without regard
to intervening structures.
B.
Prior
to dispensing medicinal cannabis or medicinal cannabis products to
any person, the commercial medicinal cannabis business shall obtain
verification from the recommending physician that the person requesting
medicinal cannabis or medicinal cannabis products is a qualified patient,
and shall maintain a copy of the physician recommendation or Identification
Card as described in Health and Safety Code Sections 11362.71 through
11362.77, as may be amended from time to time, on site for period
of not less than seven years.
C.
Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in Section 9.44.290 of this chapter.
D.
Commercial
cannabis retailers selling medicinal cannabis shall verify the age
and all necessary documentation of each customer to ensure the customer
is not under the age of 18 years and that the potential customer has
a valid doctor's recommendation. Adult use retailers shall verify
the age of all customers to ensure persons under the age of 21 are
not permitted on the premises. Entrances into the retailer shall be
locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical
entry system shall be utilized to limit access to and entry to the
retailer to separate it from the reception/lobby area.
E.
Retailers
may have only that quantity of cannabis and cannabis products reasonably
anticipated to meet the daily demand readily available for sale on-site
in the retail sales area of the retailer.
F.
All
restroom facilities shall remain locked and under the control of management.
G.
A cannabis
storefront retailer may not sell, give away, or donate specific devices,
contrivances, instruments, or paraphernalia necessary for consuming
cannabis or cannabis products, including, but not limited to, rolling
papers and related tools, pipes, water pipes, and vaporizers.
H.
A cannabis
storefront retailer shall notify qualified patients, primary caregivers,
and customers of the following verbally (or by written agreement)
and by posting of a notice or notices conspicuously within the permitted
premises:
1.
"The
sale or diversion of cannabis or cannabis products without a permit
issued by the City of Santa Barbara is a violation of State law and
the Santa Barbara Municipal Code."
2.
"Secondary
sale, barter, or distribution of cannabis or cannabis products purchased
from [Insert Name of Licensee] is a crime and can lead to arrest."
3.
"Patrons
must immediately leave the commercial cannabis business and not consume
cannabis or cannabis products in public view or in any place not lawfully
permitted. Staff shall monitor the location and vicinity to ensure
compliance."
4.
"Commercial
cannabis businesses shall post viewable, written warnings that the
use of cannabis or cannabis products may impair a person's ability
to drive a motor vehicle or operate heavy machinery."
5.
"CALIFORNIA
PROP. 65 WARNING: Smoking of cannabis and cannabis-derived products
will expose you and those in your immediate vicinity to cannabis smoke.
Cannabis smoke is known by the State of California to cause cancer."
(Ord. 5813, 2017)
A.
Delivery-Only
Retailers may only deliver to customers within a city or county that
does not expressly prohibit delivery by ordinance.
B.
Security
plans developed pursuant to this chapter shall include provisions
relating to vehicle security and the protection of employees and product
during loading and in transit.
C.
A Delivery-Only
Retailer shall facilitate the vehicle dispensing of cannabis or cannabis
products with a technology platform owned by or licensed to the Delivery-Only
Retailer that uses point-of-sale technology to track, and database
technology to record and store the following information for each
transaction involving the exchange of cannabis or cannabis products
between the Permittee and qualified patient, primary caregiver, or
customer:
1.
The
identity of the individual dispensing cannabis or cannabis products
on behalf of the licensee;
2.
The
identity of the qualified patient, primary caregiver, or customer
receiving cannabis or cannabis products from the licensee;
3.
The
type and quantity of cannabis or cannabis products dispensed and received;
4.
The
gross receipts charged by the licensee and received by the individual
dispensing cannabis or cannabis products on behalf of the licensee
for the cannabis or cannabis products dispensed and received; and
5.
The
location or address where the sale or retail sale took place or closed.
D.
A Permittee
shall maintain a database and provide a list of the individuals and
vehicles authorized to conduct vehicle dispensing, and a copy of the
valid California driver's license issued to the driver of any such
vehicle on behalf of the Permittee to the Chief of Police.
E.
Individuals
authorized to conduct deliveries on behalf of the Permittee shall
have a valid California Driver's License and be a minimum of 21 years
of age or older.
F.
Individuals
making deliveries of cannabis or cannabis products on behalf of the
Permittee shall maintain a physical copy of the delivery request (and/or
invoice) and shall make it available upon the request of agents or
employees of the City of Santa Barbara requesting documentation.
G.
During
delivery, a copy of the Permittee's Commercial Cannabis Business Permit
shall be in the vehicle at all times, and the driver shall make it
available upon the request of agents or employees of the City of Santa
Barbara requesting documentation.
H.
A Permittee
shall only permit or allow delivery of cannabis or cannabis products
in a vehicle that is (1) insured at or above the legal requirement
in California; (2) capable of securing (locking) the cannabis or cannabis
products during transportation; (3) capable of being temperature controlled
if perishable cannabis or cannabis products is being transported;
and (4) does not display advertising or symbols visible from the exterior
of the vehicle that suggest the vehicle is used for cannabis delivery
or affiliated with a cannabis retailer.
I.
A Delivery-Only
Retailer shall facilitate deliveries with a technology platform owned
by or licensed to the Delivery-Only Retailer that uses Global Positioning
System technology to track, and database technology to record and
store the following information:
1.
The
time that the individual conducting vehicle dispensing on behalf of
the Delivery-Only Retailer departed the licensed premises.
2.
The
time that the individual conducting vehicle dispensing on behalf of
the Delivery-Only Retailer completed vehicle dispensing to the qualified
patient, primary caregiver, or customer.
3.
The
time that the individual conducting vehicle dispensing on behalf of
the Delivery-Only Retailer returned to the licensed premises.
4.
The
route the individual conducting vehicle dispensing on behalf of the
Delivery-Only Retailer traveled between departing and returning to
the licensed premises to conduct vehicle dispensing.
5.
For
each individual vehicle dispensing transaction, the identity of the
individual conducting deliveries on behalf of the Delivery-Only Retailer
licensee.
6.
For
each individual delivery transaction, the vehicle used to conduct
vehicle dispensing on behalf of the Delivery-Only Retailer licensee.
7.
For
each individual vehicle dispensing transaction, the identity of the
qualified patient, primary caregiver, or customer receiving cannabis
or cannabis products from the Delivery-Only Retailer.
8.
For
each individual vehicle dispensing transaction, the type and quantity
of cannabis or cannabis products dispensed and received.
9.
For
each individual vehicle dispensing transaction, the gross receipts
charged by the Delivery-Only Retailer and received by the individual
conducting deliveries on behalf of the Delivery-Only Retailer for
the cannabis or cannabis products dispensed and received.
J.
The
individual making deliveries on behalf of the Delivery-Only Retailer
shall personally verify for each individual vehicle dispensing transaction
(1) the identity of the qualified patient, primary caregiver, or customer
receiving cannabis or cannabis products from the Delivery-Only Retailer;
and (2) the validity of the qualified patient's recommendation from
a physician to use cannabis for medical purposes or primary caregiver's
status as a primary caregiver for the particular qualified patient,
and shall maintain a copy of the physician recommendation or Identification
Card, as described in Health and Safety Code Sections 11362.71 through
11362.77, as may be amended from time to time, at its permitted business
location for period of not less than seven years.
(Ord. 5813, 2017)
A.
Outdoor
Cultivation Prohibited. The cultivation of all cannabis must occur
indoors, and outdoor cultivation is prohibited.
B.
From
a public right-of-way, there should be no exterior evidence of cannabis
cultivation except for any signage authorized by this code.
C.
The
general public is not permitted on the cannabis cultivation licensed
premises except for the agents, applicants, managers, employees, and
volunteers of the cannabis cultivation Permittee and agents or employees
of the City of Santa Barbara.
D.
A Permittee
shall only be allowed to cultivate the square feet of canopy space
permitted by state law and in the permit issued for the premises.
E.
Cannabis
cultivation shall be conducted in accordance with state and local
laws related to electricity, water usage, water quality, discharges,
and similar matters.
F.
A cannabis
cultivation Permittee shall comply with all applicable federal, state
and local laws and regulations regarding use and disposal of pesticides
and fertilizers.
G.
Pesticides
and fertilizers shall be properly labeled and stored to avoid contamination
through erosion, leakage or inadvertent damage from pests, rodents
or other wildlife.
H.
The
cultivation of cannabis shall at all times be operated in such a way
as to ensure the health, safety, and welfare of the public, the employees
working at the commercial cannabis business, neighboring properties,
and the end users of the cannabis being cultivated; to protect the
environment from harm to waterways, fish, and wildlife; to ensure
the security of the cannabis being cultivated; and to safeguard against
the diversion of cannabis.
I.
Prior
to transportation, a cannabis cultivation licensee shall package and
seal all cannabis or cannabis products in tamper-evident packaging
and use a unique identifier, such as a batch and lot number or bar
code, to identify and track the cannabis or cannabis products.
J.
All
applicants for a commercial cannabis business permit pertaining to
cannabis cultivation shall submit the following in addition to the
information generally otherwise required for a commercial cannabis
business permit:
1.
A
cultivation and operations plan that meets or exceeds minimum legal
standards for water usage, conservation and use; drainage, watershed
and habitat protection; and proper storage of fertilizers, pesticides,
and other regulated products to be used on the parcel; a description
of the cultivation activities and schedule of activities during each
month of growing and harvesting; or an explanation of growth cycles
and anticipated harvesting schedules for all-season harvesting.
2.
A
description of a legal water source, irrigation plan, and projected
water use.
3.
Identification
of the source of electrical power and plan for compliance with applicable
Building Codes and related codes.
4.
Plan
for addressing odor and other public nuisances that may derive from
the cultivation site.
(Ord. 5813, 2017)
A.
From
a public right-of-way, there should be no exterior evidence of cannabis
manufacturing except for any signage authorized by this chapter.
B.
The
general public is not permitted on the cannabis manufacturing premises
except for the agents, applicants, managers, employees, and volunteers
of the cannabis manufacturing licensee and agents or employees of
the City of Santa Barbara.
C.
All
cannabis manufacturing shall comply with the standards set by state
law.
D.
Any
compressed gases used in the manufacturing process shall not be stored
on any property within the City of Santa Barbara in containers that
exceed the amount which is approved by the Fire Chief and authorized
by the commercial cannabis business permit. Each site or parcel subject
to a commercial cannabis business permit shall be limited to a total
number of tanks as authorized by the Fire Chief on the property at
any time.
E.
Cannabis
manufacturing facilities may use the hydrocarbons N-butane, isobutane,
propane, or heptane or other solvents or gases exhibiting low to minimal
potential human-related toxicity approved by the Fire Chief. These
solvents must be of at least 99% purity and any extraction process
must use them in a professional grade, closed loop extraction system
designed to recover the solvents and work in an environment with proper
ventilation, controlling all sources of ignition where a flammable
atmosphere is or may be present.
F.
If an
extraction process uses a professional grade closed loop CO₂ gas extraction
system, every vessel must be certified by the manufacturer for its
safe use. Closed loop systems for compressed gas extraction must be
commercially manufactured and bear a permanently affixed and visible
serial number.
G.
Certification
from an engineer licensed by the State of California must be provided
to the Fire Chief for a professional grade closed loop system used
by any commercial cannabis manufacturer to certify that the system
was commercially manufactured, is safe for its intended use, and was
built to codes of recognized and generally accepted good engineering
practices, including, but not limited to,:
H.
The
certification document must contain the signature and stamp of the
professional engineer and serial number of the extraction unit being
certified.
I.
Professional
closed loop systems, other equipment used, the extraction operation,
and all related facilities must be approved for their use by the Fire
Chief and meet any required fire, safety, and building code requirements
specified in the California Building and Fire Codes, as adopted by
the City.
J.
Cannabis
Manufacturing Facilities may use heat, screens, presses, steam distillation,
ice water, and other methods without employing solvents or gases to
create keef, hashish, bubble hash, or infused dairy butter, or oils
or fats derived from natural sources, and other extracts.
K.
Cannabis
Manufacturing Facilities may use food grade glycerin, ethanol, and
propylene glycol solvents to create or refine extracts. Ethanol should
be removed from the extract in a manner to recapture the solvent and
ensure that it is not vented into the atmosphere.
L.
Cannabis
Manufacturing Facilities creating cannabis extracts must develop standard
operating procedures, good manufacturing practices, and a training
plan prior to producing extracts for the marketplace.
M.
Any
person using solvents or gases in a closed looped system to create
cannabis extracts must be fully trained on how to use the system,
have direct access to applicable material safety data sheets, and
handle and store the solvents and gases safely.
N.
Parts
per million for one gram of finished extract cannot exceed state standards
for any residual solvent or gas when quality assurance tested.
(Ord. 5813, 2017)
A.
From
a public right-of-way, there should be no exterior evidence of Cannabis
Distribution except for any signage authorized by this chapter.
B.
Operational
Requirements.
1.
The
general public is not permitted on the Cannabis Distribution licensed
premises except for the agents, applicants, managers, employees, and
volunteers of the Cannabis Distribution licensee and agents or employees
of the City of Santa Barbara.
2.
A
Cannabis Distribution licensee shall only procure, sell, or transport
cannabis or cannabis products that are packaged and sealed in tamper-evident
packaging using unique identifiers, such as batch and lot numbers
or bar codes, to identify and track the cannabis or cannabis products.
3.
A
Cannabis Distribution licensee shall maintain a database and provide
a list of the individuals and vehicles authorized to conduct transportation
on behalf of the Cannabis Distribution licensee to the City.
4.
Individuals
authorized to conduct transportation on behalf of the Cannabis Distribution
licensee shall have a valid California Driver's License.
5.
Individuals
transporting cannabis or cannabis products on behalf of the Cannabis
Distribution licensee shall maintain a physical copy of the transportation
request (and/or invoice) and shall make it available upon request
of agents or employees of the City of Santa Barbara requesting documentation.
6.
During
transportation, the individual conducting transportation on behalf
of the Cannabis Distribution licensee shall maintain a copy of the
Cannabis Distribution licensee's Commercial Cannabis Business Permit
and shall make it available upon the request of agents or employees
of the City of Santa Barbara requesting documentation.
7.
A
Cannabis Distribution licensee facility shall only transport cannabis
or cannabis products in a vehicle that is (i) insured at or above
the legal requirement in California, (ii) capable of securing (locking)
the cannabis or cannabis products during transportation, and (iii)
capable of being temperature controlled if perishable cannabis products
are being transported.
(Ord. 5813, 2017)
A.
Cannabis
Testing shall take place within an enclosed locked structure.
B.
From
a public right-of-way, there should be no exterior evidence of Cannabis
Testing except for any signage authorized by this chapter.
C.
All
Cannabis Testing shall be performed in accordance with state law.
D.
A Cannabis
Testing Permittee shall adopt a standard operating procedure using
methods consistent with general requirements established by the International
Organization for Standardization, specifically ISO/IEC 17025, to test
cannabis or cannabis products, and shall operate in compliance with
state law at all times.
E.
A Cannabis
Testing Permittee shall be accredited by a body that is a signatory
to the International Laboratory Accreditation Cooperation Mutual Recognition
Arrangement.
F.
A Cannabis
Testing Permittee shall establish standard operating procedures that
provide for adequate chain of custody controls for samples transferred
to the testing laboratory for testing.
G.
A Cannabis
Testing Permittee shall destroy the remains of samples of any cannabis
or cannabis product upon completion of analyses. Destruction shall
be done in a manner compliant with state law.
(Ord. 5813, 2017)
A.
In addition
to any regulations adopted by the City Council, the City Administrator
is authorized to establish any additional rules, regulations and standards
governing the issuance, denial or renewal of commercial cannabis business
permits, the ongoing operation of commercial 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 and maintained and available
to the public in the Office of the City Clerk.
C.
Regulations
promulgated by the City Administrator shall become effective upon
date of publication. Commercial 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 Administrator.
(Ord. 5813, 2017)
A.
Each
commercial cannabis business shall provide the name, telephone number,
and email address of a community relations contact to whom notice
of problems associated with the commercial cannabis business can be
provided. Each commercial cannabis business shall also provide the
above information to all businesses and residences located within
100 feet of the commercial cannabis business.
B.
During
the first year of operation pursuant to this chapter, the owner, manager,
and community relations representative from each commercial cannabis
business holding a permit issued pursuant to this chapter shall, if
requested by the City Administrator, attend a quarterly meeting with
the City Administrator and other interested parties as deemed appropriate
by the City Administrator, 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 commercial cannabis business shall meet
with the City Administrator when and as requested by the City Administrator.
(Ord. 5813, 2017)
The amount of any fee, cost or charge imposed pursuant to this
chapter shall be deemed a debt to the City of Santa Barbara that is
recoverable in any manner authorized by this code, state law, or in
any court of competent jurisdiction.
(Ord. 5813, 2017)
Permittees and their Responsible Persons and Managers shall
be responsible for violations of the laws of the State of California
or of the City of Santa Barbara Municipal Code, whether committed
by the Permittee, or any employee or agent of the Permittee, which
violations occur on the premises of the commercial cannabis business
whether or not said violations occur within the permit holder's presence.
Any act or omission of any employee constituting a violation of the
provisions of this chapter shall be deemed the act or omission of
the Permittee for purposes of determining whether the permit shall
be revoked, suspended, or not renewed.
(Ord. 5813, 2017)
A.
The
City Administrator, Chief of Police, Fire Marshal or City personnel
charged with enforcing the provisions of the Santa Barbara Municipal
Code may enter the location of a commercial cannabis business at any
time during regular business hours, without notice, and inspect the
location of any commercial cannabis business as well as 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 commercial 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 commercial 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 commercial cannabis business under
this chapter or under state or local law.
(Ord. 5813, 2017)
A.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in Chapter 1.28 of the municipal code.
B.
It is
unlawful for any Permittee of a commercial cannabis business, or its
Responsible Person, Manager or any other responsible person employed
by or working in concert with them or on their behalf, whether directly
or indirectly, to continue to operate, conduct, or maintain a commercial
cannabis business after the City-issued commercial cannabis business
permit has been suspended or revoked, or not renewed, pursuant to
a non-contested notice of decision issued by the City Administrator,
or after the issuance of a Final Order after an appeal hearing.
C.
Any
commercial cannabis business operated, conducted, or maintained contrary
to the provisions of this chapter shall be, and the same is declared
to be, unlawful and a public nuisance, and the City may, in addition
to or in lieu of prosecuting a criminal action, commence an administrative
or civil action(s) or proceeding(s), for the abatement, removal and
enjoinment thereof, in the manner provided by law, and shall take
such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief to abate or remove such commercial
cannabis business and restrain and enjoin any person from operating,
conducting or maintaining a commercial cannabis business contrary
to the provisions of this chapter.
D.
Each
person shall be guilty of a separate offense for each and every day,
or part thereof, during which a violation of this chapter, or of any
law or regulation referenced herein, is allowed, committed, continued,
maintained or permitted by such person, and shall be punishable accordingly.
E.
Whenever
in this chapter any act or omission is made unlawful, it shall include
causing, permitting, aiding, abetting, suffering, or concealing the
fact of such act or omission.
F.
The
penalties set forth herein are cumulative and in addition to all other
remedies, violations, and penalties set forth in this chapter, the
City's Code, or in any other ordinance, laws, rules or regulations
of the City, County, or the State of California.
(Ord. 5813, 2017)
(Ord. 5813, 2017)
With the exception of medical marijuana storefront commercial cannabis business permits issued pursuant to Section 30.185.250 of this code, the provisions of this chapter shall control regulation of commercial cannabis businesses as defined herein if other provisions of the code conflict therewith. This chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.
(Ord. 5813, 2017)
