A.
Purpose.
The purpose and intent of this chapter is to protect the public health,
safety, and welfare through strong and effective regulatory and enforcement
controls, to protect neighborhood character, and to minimize the potential
negative impacts of commercial cannabis activity on people, communities,
and the environment by establishing minimum land use controls. Within
the Downtown Business (C-1) District, General Commercial (C-2) District,
Waterfront Commercial (CW) District, and Highway Services (HS) District,
commercial cannabis activity, as defined under Division 10 of the
Business and Professions Code, may be permitted with a use permit,
subject to the regulations governing the underlying zoning district,
and the requirements set forth in this chapter.
B.
Findings.
The city council makes the following findings:
1.
While
cannabis is now legal in California for adult use (age twenty-one
and older), it is still illegal for minors (under age twenty-one)
to use and possess non-medicinal cannabis. The potential negative
impacts on the health of minors and the intoxicating effects of cannabis
justify regulations that help to: (a) keep cannabis out of the hands
of minors; and (b) minimize the promotion of cannabis use in a manner
that is directed or appealing to minors.
2.
Commercial
cannabis businesses are attractive targets for burglaries and robberies.
Therefore, it is prudent to impose security requirements and other
regulations on businesses that are aimed to provide a base level of
protection against such thefts. Burglaries and robberies not only
impact the business owner but also employees, patrons, the public,
and law enforcement.
(Ord. 819 § 7, 2020)
A.
No
part of this chapter is to be deemed to conflict with federal law
as contained in the Controlled Substances Act, 21 U.S.C. Section 800
et seq., nor to otherwise permit any activity that is prohibited under
that Act or any other local, state, or federal law, statute, rule
or regulation. Commercial cannabis activity in the city is controlled
by the provisions of this chapter of the Crescent City Municipal Code.
B.
Nothing
in this chapter is intended, nor is it to be construed, to burden
any defense to criminal prosecution otherwise afforded by California
law.
C.
Nothing
in this chapter is intended, nor is it to be construed, to preclude
a landlord from limiting or prohibiting commercial cannabis activities
by tenants.
D.
Nothing
in this chapter is intended, nor is it to be construed, to exempt
any cannabis-related activity from any and all applicable local and
state construction, electrical, plumbing, land use, or any other building
or land use standards or permitting requirements.
E.
Nothing
in this chapter is intended, nor is it to be construed, to make legal
any cannabis-related activity that is otherwise prohibited under California
law.
F.
All
commercial cannabis activity within city limits is subject to the
provisions of this chapter, regardless if the activity existed or
occurred prior to adoption of this chapter or at the time of subsequent
amendments to this chapter.
(Ord. 819 § 7, 2020)
As used in this chapter, the following terms and phrases are
defined as follows:
means all parts of the plant cannabis sativa Linnaeus, cannabis
indica, or cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. Cannabis also means
the separated resin, whether crude or purified, obtained from marijuana.
Cannabis also means marijuana as defined by Section 11018 of the California
Health and Safety Code as enacted by Chapter 1407 of the Statutes
of 1972. 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 chapter, cannabis
does not mean "industrial hemp" as defined by Section 81000 of the
California Food and Agricultural Code or Section 11018.5 of the California
Health and Safety Code.
means the commercial cultivation, possession, manufacture,
processing, storing, laboratory testing, research and development,
labeling, transportation, distribution, delivery, or sale of cannabis
or a cannabis product.
means cannabis, including dried flower, and products containing
cannabis.
means a person required to be licensed as a manufacturer
pursuant to Division 10 (commencing with Section 26000) of the Business
and Professions Code.
means a person licensed to conduct multiple commercial cannabis
activities, as described in Business and Professions Code Section
26070.
means, but is not limited to, the following activities: manicuring,
drying, curing, pressing, cooking, baking, infusing, grinding, bagging,
packaging, and rolling.
means a person required to be licensed as a retailer pursuant
to Division 10 (commencing with Section 26000) of the Business and
Professions Code.
means the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation,
delivery, or sale of cannabis and cannabis products.
means the smoking, vaping, ingestion, or other method of
use or consumption of cannabis goods.
means any activity involving the indoor planting, growing,
harvesting, drying, curing, grading, or trimming of commercial cannabis,
including a nursery that produces only clones, immature plants, or
seeds. This definition does not include outdoor cultivation or the
processing (e.g., trimming) of commercial cannabis produced offsite.
means the cumulative gross floor area of the room or rooms
where cannabis plants are grown.
means an individual employed by a permitted retailer or permitted
microbusiness authorized to engage in retail sales who delivers cannabis
goods from the permitted retailer or permitted microbusiness premises
to a customer at a physical address.
means the procurement, sales, and transport of cannabis goods
between licensed entities. Distribution also includes the inspection,
storage, including during quality assurance and batch testing processes,
labeling, packaging, and other processes required prior to transport
to a licensed cannabis retailer or cannabis manufacturing facility.
means a facility, premise, tenant space, site or location
where one or more types of cannabis activity are undertaken.
means a facility for 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, and includes a location that packages or repackages cannabis
or cannabis products, or labels or relabels its container.
means the commercial transfer of cannabis goods by delivery
to a customer at a physical address. This definition does not include
the mobile sales of cannabis goods.
means a manufacturing process that does not involve the manufacturing,
processing, generation, or storage of materials that constitute a
physical or health hazard, as listed in Tables 307.1(1) and 307.1(2)
of the California Building Code (CBC).
means a facility that produces only clones, immature plants,
seeds, and other agricultural products used specifically for the propagation
and cultivation of cannabis.
means any sign, poster, display, billboard, or any other
stationary or permanently affixed advertisement promoting the sale
of cannabis or cannabis products which are not cultivated, manufactured,
distributed or sold on the same lot.
means and includes any individual, firm, partnership, joint
venture, limited liability company, association, social club, fraternal
organization, corporation, estate, trust, business trust, receiver,
assignee for the benefit of creditors, trustee, trustee in bankruptcy,
or syndicate.
means the location or facility where cannabis is dried, cured,
graded, trimmed, and/or packaged by or under the control of one or
more licensed cultivators, at a location separate from the cultivation
site where the cannabis is grown and harvested.
means a physical storefront location that is open to the
public and where cannabis goods are sold to customers. This definition
includes the delivery of cannabis goods to a customer at a physical
address.
means a facility that offers or performs testing of cannabis
or cannabis products where no commercial cultivation, processing,
manufacturing, distribution, or sale of cannabis or cannabis products
occurs.
means a solvent that is or produces a flammable gas or vapor
that, when present in the air in sufficient quantities, will create
explosive or ignitable mixtures. For the purposes of this section,
carbon dioxide and ethanol are non-volatile solvents, however, a use
permit for manufacturing shall specify whether carbon dioxide or ethanol
will be permitted.
(Ord. 819 § 7, 2020)
The following commercial cannabis uses are allowed in city limits:
A.
Storefront
retail.
B.
Non-storefront
retail (delivery only).
C.
Cultivation
(indoor only).
D.
Non-volatile
manufacturing.
E.
Processing
facilities.
F.
Distribution.
G.
Microbusinesses.
H.
Testing
laboratories.
(Ord. 819 § 7, 2020)
The following commercial cannabis uses are prohibited in city
limits:
A.
On-site
consumption of cannabis.
B.
Outdoor
cultivation.
C.
Volatile
manufacturing or manufacturing facilities using volatile solvents.
D.
Mobile
or drive-thru retail sales.
(Ord. 819 § 7, 2020)
A.
Commercial cannabis activity is not allowed in the corporate limits of the city of Crescent City without a use permit. Use permits to conduct commercial cannabis activity are governed primarily by this chapter. The procedures for use permits set forth in Chapter 17.54 of this title apply as well.
B.
The
use permit will be reviewed annually subject to the following requirements:
1.
City
staff will conduct an annual review of the use permit around the date
of issuance of the state license.
2.
An onsite compliance inspection may be conducted, with at least twenty-four hours prior notice, by appropriate city officials during regular business hours (Monday – Friday, nine a.m. – five p.m.). Appropriate city officials include those officials identified in Section 17.95.150 of this chapter.
3.
At
the discretion of city staff, annual review of the use permit may
be conducted by the planning commission at a public hearing. The criteria
for requiring annual review by the planning commission may include,
but is not limited to:
a.
Any violation of any provision of this chapter during the prior year
of operation of the commercial cannabis facility.
b.
Receipt of one or more complaints by city staff concerning operation
of the commercial cannabis facility during the prior year. City staff
shall investigate all complaints received prior to determining whether
review by the planning commission is warranted.
4.
During
annual review, the planning commission may revoke the use permit,
recommend administrative penalties, amend the use permit to include
conditions necessary to ensure compliance with the provisions of this
chapter, or take no action.
5.
As
part of the annual review, the holder of the use permit must remit
an annual review fee as set by resolution of the city council. The
annual review fee is to be no more than the reasonable estimated amount
to recover all costs of the city associated with conducting the review
and monitoring compliance with the terms of the use permit for the
next year.
C.
All
commercial cannabis activity will be subject to the following:
1.
Before
commencing operation of a commercial cannabis activity, the permittee
must secure a license from the appropriate state licensing authority,
pursuant to Division 10 of the Business and Professions Code. A copy
of the license must be provided to the planning department.
2.
The
permittee must be in compliance with all conditions of the state license
and all state laws, any violation of which will also constitute a
violation of the Crescent City Municipal Code.
3.
The
permittee may operate only in accordance with the operating plans
reviewed and approved by the city.
4.
The
permittee must timely remit all taxes required by state or local law
to the appropriate agency and maintain all records necessary to determine
the amount of tax owed, which records the city will have the right
to inspect at all reasonable times.
5.
The
permittee must post or cause to be posted onsite the use permit and
all required city and state permits and licenses required to operate.
Such posting must be in a central location, visible to patrons, at
the operating site, and in all vehicles that deliver or transport
cannabis or cannabis products.
6.
The
permittee must maintain clear and adequate records and documentation
demonstrating that all cannabis or cannabis products have been obtained
from and are provided to other permitted and licensed cannabis operations.
The city will have the right to examine, monitor, and audit such records
and documentation at all reasonable times.
7.
Signs.
See Chapter 17.38 for sign requirements, unless specified otherwise
in this chapter. Pursuant to Section 17.38.170 (Architecturally-controlled
signs), all signage for cannabis uses shall be subject to architectural
review by the planning commission as part of the use permit process.
8.
The
permittee is not allowed to advertise or market cannabis or cannabis
products on an off-site advertising sign in a publicly visible location
within one thousand feet of the perimeter of any school providing
instruction in kindergarten or any grades 1 through 12, public playground
or playground area in a public park (e.g., a public park with equipment
such as swings and seesaws, baseball diamonds, or basketball courts),
day care center (as defined in Health and Safety Code Section 1596.76),
youth center (as defined in Health and Safety Code Section 11353.1(e)(2)),
community-use center, or public library.
9.
The
permittee must not market, license, distribute, sell, or cause to
be marketed, licensed, distributed, or sold, any item or service to
a person under twenty-one years of age, which bears the brand name,
alone or in conjunction with, any other word, logo, symbol, motto,
selling message, recognizable color or pattern of colors, or any other
indicia or product identification identical with, or similar to, or
identifiable with, those used for any brand of cannabis product.
10.
The operation of a commercial cannabis facility must not adversely
affect the health or safety of the facility occupants or employees,
or nearby properties through creation of mold, mildew, dust, glare,
heat, noise, noxious gases, smoke, traffic, vibration, surface runoff,
or other impacts, or be hazardous because of the use or storage of
materials, process, products, or wastes.
11.
All retail cannabis uses (storefront and non-storefront) in the city
must comply with the following setback requirements:
a.
A retail cannabis use may not be located within a six hundred-foot
radius of the perimeter of a public or private school providing instruction
in kindergarten or grades 1 through 12 ("K-12 school") or a day care
center (as defined in Health and Safety Code Section 1596.76). This
does not include any private school in which education is primarily
conducted in private homes nor does it include family child care homes.
b.
The distance specified in this section shall be defined as the horizontal
distance measured in a straight line from the property line of the
sensitive land use (i.e., K-12 school or day care center) to the closest
property line of the lot on which the retail cannabis use is located.
c.
No setbacks are required between retail cannabis uses and the property
containing the Del Norte County Fairgrounds (currently identified
as APN 118-020-033).
d.
Exceptions to the setback requirements in this section may be granted by the planning commission as specified in Section 17.95.060(C)(12) of this chapter.
12.
An exception to the setback requirements in Section 17.95.060(C)(11) of this chapter may be granted by the planning commission when requested as part of a use permit application. To grant an exception, the planning commission must make one or more of the following findings:
a.
The distance between the area on the property containing the sensitive
land use (i.e., K-12 school or day care center) is a minimum of six
hundred feet from the area on the property containing the retail cannabis
use.
b.
There is enough development or other buffering between the sensitive
land use (i.e., K-12 school or day care center) and the retail cannabis
use to minimize potential harmful impacts.
c.
The location and design of the retail cannabis use is not likely
to cause harmful impacts to minors at the sensitive land use (i.e.,
K-12 school or day care center) that is within the six hundred-foot
radius.
13.
Odor from cannabis activities must not be detectable from beyond
the property boundaries. To achieve this, the area where cannabis
activities capable of generating odors are conducted (e.g., cultivation,
processing, manufacturing, testing, etc.), must be, at a minimum,
mechanically ventilated with a carbon filter or other method to prevent
the odor of cannabis from escaping the building and negatively impacting
neighbors and the surrounding community. The ventilation and filtration
system must be approved by the building official and installed prior
to commencing cannabis activities within the structure. Failure to
adequately control odors constitutes a public nuisance and subject
to nuisance abatement procedures found in Title 8 of the Crescent
City Municipal Code. Odor control issues may also be grounds for revocation
of the use permit allowing commercial cannabis activity.
14.
All waste cannabis material generated by cannabis activity must be
stored in a secure location in the facility and disposed of at a permitted
disposal facility.
15.
All cannabis uses that propose to discharge effluent to the city's
wastewater treatment system, including, but not limited to, waste
products, chemical fertilizers or pesticides, are required to first
obtain an Industrial Wastewater Discharge Permit from the Public Works
Department. No such effluent may be discharged into septic systems,
water systems, or other drainage systems including those that lead
to rivers and streams.
16.
The permittee must implement and maintain sufficient security measures
to both deter and prevent unauthorized entrance into areas containing
cannabis goods in compliance with Section 26070 of the California
Business and Professions Code and any rules promulgated by the licensing
authority. Security measures must include, but are not limited to,
the following:
a.
Prevent individuals from loitering on the premises of the retailer
if they are not engaging in activity expressly related to the operations
of the retailer;
b.
Establish limited access areas accessible only to authorized dispensary
personnel;
c.
All cannabis facilities containing cultivation, processing, non-volatile
manufacturing, and distribution are required to have a mantrap at
the public entrance to the building. A mantrap is a small room with
an entry door on one wall and an exit door on the opposite wall. Mantraps
are used to separate non-secure areas from secure areas to prevent
unauthorized access;
d.
Store all cannabis goods in a secured and locked safe room, safe,
or vault, and in a manner as to prevent diversion, theft, and loss,
except for limited amounts of cannabis goods used for display purposes,
samples, or immediate sale; and
e.
Install security cameras on site.
17.
The permittee is required to notify the Crescent City Police Department
and the licensing authority within twenty-four hours after discovering
any of the following:
a.
Significant discrepancies identified during inventory;
b.
Diversion, theft, loss, or any criminal activity involving the dispensary
or any agent or employee of the retailer;
c.
The loss or unauthorized alteration of records related to cannabis,
patients, or retailer's employees or agents; or
d.
Any other breach of security.
18.
Operators of cannabis facilities are required to maintain active
enrollment and participation in the state's track and trace program.
The city may require participation in a track and trace program separate
from the state's track and trace program. Any separate program will
be in addition to the state's track and trace program.
19.
To ensure compliance with the provisions of this chapter, an onsite compliance inspection may be conducted, with at least twenty-four hours prior notice, by appropriate city officials during regular business hours (Monday – Friday, nine a.m. – five p.m.). Appropriate city officials include those officials identified in Section 17.95.150 of this chapter.
D.
Before
the planning commission approves any use permit for commercial cannabis
activity, the planning commission must hold a public hearing, noticed
pursuant to Government Code Section 65091, make the following findings,
and set forth the facts supporting its determination in writing:
1.
The
applicant has demonstrated that it can and will comply with all requirements
of the state and city to operate the proposed commercial cannabis
activity.
2.
The
proposed activity, as conditioned, will not result in significant
unavoidable impacts on the environment.
3.
The
operation plan includes adequate measures to minimize nuisances to
the neighborhood and community, including minimizing odor, noise,
light, traffic, and loitering.
4.
The
operation plan includes adequate security measures.
E.
All
applications for a use permit for a commercial cannabis activity shall
be filed with the planning department. In all cases the application
must contain, without limitation, the following documentation:
1.
Notarized,
written authorization from all persons and entities having a right,
title, or interest in the property that is the subject of the application
consenting to the application and the operation of the proposed commercial
cannabis activity on the subject property.
2.
The
name and address of all persons and entities responsible for the operation
of the commercial cannabis activity, including managers, corporate
officers, any individual with an ownership interest, any member of
a board of directors, any general or limited partner, and/or any member
of a decision-making body for the commercial cannabis activity, and
a complete list of all the valid licenses, including license type
and license number which has been issued to each person by the state
or any other city or county.
3.
An
application fee as prescribed by resolution of the city council. The
application fee is to be no more than the reasonable estimated amount
to recover all costs of the city associated with processing applications
and monitoring compliance with the terms of the use permit for the
next year. If the application is denied, then that portion of the
fee attributed to monitoring activities will be refunded to the applicant.
4.
An
indemnification agreement on a form provided by the city.
5.
Proof
of having obtained a surety bond in an amount not less than fifteen
thousand dollars, payable to the city, issued by a corporate surety
approved by the city, which is licensed to transact surety business
in the state of California.
6.
A
detailed operation plan, which includes:
a.
Site plans, floor plans, conceptual improvement plans, and a general
description of the nature, size, and type of commercial cannabis activity(ies)
being requested;
b.
Onsite security measures both physical and operational;
c.
Standard operating procedures manual detailing how operations will
comply with state and local regulations; how safety and quality of
products will be ensured; recordkeeping procedures for financing,
testing, and adverse effect recording; and product recall procedures;
d.
Proposed hours of operation;
e.
Waste disposal information;
f.
Product supply chain information including where cultivation occurs,
where the product is processed or manufactured, any required testing
of cannabis or cannabis products, transportation, and packaging and
labeling criteria;
g.
A recordkeeping policy;
h.
Track and trace measures;
i.
Sustainability measures including water efficiency measures, energy
efficiency measures, high efficiency mechanical systems, and alternative
fuel transportation methods;
j.
Odor prevention devices;
k.
Size, height, colors, and design of any proposed signage at the site;
l.
A parking plan, if applicable;
m.
A storage protocol and hazardous response plan;
n.
Information on products used during operation, including liquids,
solvents, agents, and processes; and
o.
A quality control plan.
7.
An application that includes a request for an exception from the setback standards specified in subsection (C)(11) of this section, must also contain the following information:
a.
A map drawn to scale illustrating the requested setback reduction.
The map must clearly identify the distance between the proposed retail
cannabis use and the sensitive land use from which the setback reduction
is being requested.
8.
Such
other information as city staff may reasonably require.
(Ord. 819 § 7, 2020)
Cannabis retailers conducting storefront retail, which can include
deliveries, must meet the following minimum requirements:
A.
The
use permit must specify whether the permittee may sell adult-use cannabis
or medicinal cannabis, as those terms are used in Division 10 of the
Business and Professions Code.
B.
The
city shall limit the hours of operation for a retail facility to begin
no earlier than six a.m. and to end no later than ten p.m.
C.
Retailers
which have a retail/public floor area must have glass or transparent
glazing in the windows and doors. No more than ten percent of any
window or door area may be visually obstructed by signs, banners,
or opaque coverings of any kind so that law enforcement personnel
will have clear view of the entire public area in the premises from
the public sidewalk.
D.
Retailers
must not distribute any cannabis or cannabis product unless the cannabis
goods are labeled, and in a tamper-evident package, in compliance
with Section 26120 of the California Business and Professions Code
and any additional rules promulgated by the licensing authority.
E.
Cannabis
deliveries that are associated with a permitted retail facility located
within city limits, and for which delivery originates from the retail
facility, are only allowed when the delivery activity is specifically
authorized under the use permit for the retail facility.
F.
Cannabis deliveries that are associated with a permitted retail facility located within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5415 through 5421.
G.
A vehicle
used in the delivery of cannabis goods must not have any marking or
other indications on the exterior of the vehicle that may indicate
that the delivery employee is carrying cannabis goods for delivery.
H.
While
carrying cannabis goods for delivery, a permitted retailer's delivery
employee must ensure the cannabis goods are not visible to the public.
Cannabis goods are required to be locked in a fully enclosed box,
container, or cage that is secured on the inside of the vehicle.
I.
The
retailer must not permit the smoking, vaping, ingestion, or consumption
of cannabis onsite.
J.
Sale
or consumption of alcohol or tobacco is not allowed onsite.
(Ord. 819 § 7, 2020)
Cannabis retailers conducting non-storefront retail (delivery
only) activities must meet the following minimum requirements:
A.
Cannabis deliveries originating from non-storefront retail facilities within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5414 through 5421.
B.
Cannabis
deliveries originating from outside city limits, and delivering cannabis
goods within city limits, are only allowed upon the granting of a
business license.
C.
A vehicle
used in the delivery of cannabis goods must not have any marking or
other indications on the exterior of the vehicle that may indicate
that the delivery employee is carrying cannabis goods for delivery.
D.
While
carrying cannabis goods for delivery, a permitted retailer's delivery
employee must ensure the cannabis goods are not visible to the public.
Cannabis goods are required to be locked in a fully enclosed box,
container, or cage that is secured on the inside of the vehicle.
(Ord. 819 § 7, 2020)
Cannabis cultivators must meet the following minimum requirements:
A.
The
indoor cultivation of cannabis must comply with all applicable state,
county, and local regulations, including fire and building codes.
Outdoor cultivation is prohibited.
B.
Only
one use permit for commercial cannabis cultivation may be possessed
or used by a person or entity, including the representatives, agents,
parent entities, or subsidiary entities of that person or entity.
C.
Only
one use permit will be issued per legal parcel for commercial cannabis
cultivation.
D.
The
maximum cultivation area allowed is two thousand square feet.
E.
All
cannabis cultivation activity must occur exclusively within a fully
enclosed and secure structure.
F.
Entrance
to any cultivation area, and any cannabis storage areas, must be locked
at all times, and under the control of the facility's staff.
G.
Cannabis
cultivation must be concealed from public view at all stages of growth
and there may be no visual or auditory evidence of cultivation occurring
at the premises from a public right-of-way or from an adjacent parcel.
Indoor lighting used for the cultivation process must not be visible
from outside the building.
H.
Cannabis
cultivation areas must be adequately secured to prevent unauthorized
entry and must not be accessible to persons under twenty-one years
of age.
I.
Areas
of the licensed premises for cultivation must be separated from the
distribution and retail areas by a wall and all doors between the
areas are to remain closed when not in use.
J.
All
areas recorded by the security cameras must have adequate lighting
at all times to allow the surveillance cameras to effectively record
images, except when lighting would interfere with the indoor cultivation
cycle.
K.
Applications
for a use permit for cannabis cultivation are required to contain
an energy calculator quantifying the expected electricity usage and
greenhouse gas emissions, a list of energy efficiency measures, best
practices, and proposed greenhouse gas emission offsets. A minimum
of fifty percent emissions offset or equivalent in efficiency measures
is encouraged for indoor cannabis cultivation.
(Ord. 819 § 7, 2020)
Cannabis manufacturers must meet the following minimum requirements:
A.
Cannabis
manufacturing shall be conducted using only non-volatile solvents,
or no solvents.
B.
All
employees of a cannabis manufacturing facility operating potentially
hazardous equipment are required to be trained on the proper use of
equipment and on the proper hazard response protocols in the event
of equipment failure. In addition, employees handling edible cannabis
goods or ingredients are required to be trained on proper food safety
practices.
(Ord. 819 § 7, 2020)
Cannabis processors must meet the following minimum requirements:
A.
Cannabis
processing facilities are facilities that process cannabis material
that is produced off-site.
B.
Processing
facilities must be maintained in a clean and sanitary condition including
all work surfaces and equipment.
C.
Processing
operations must implement protocols which prevent processing contamination
and mold and mildew growth on cannabis.
D.
Employees
handling cannabis in processing operations must have access to facemasks
and gloves in good operable condition as applicable to their job function.
E.
Employees
must wash hands before and after handling cannabis or use gloves.
F.
Processing
operations must implement safety protocols and provide all employees
with adequate safety training relevant to their specific job functions,
which may include:
(Ord. 819 § 7, 2020)
Cannabis distributers must meet the following minimum requirements:
A.
The distribution of cannabis goods within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5300 through 5315.
B.
Cannabis
distribution conducted by a permitted cannabis use within city limits
is only allowed when the distribution activity is specifically authorized
through a use permit.
C.
Cannabis
distribution that is not conducted by a permitted cannabis use within
city limits will only be allowed upon the granting of a business license.
(Ord. 819 § 7, 2020)
Cannabis microbusinesses must meet the following minimum requirements:
A.
Microbusinesses operating within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5500 through 5507.
B.
A microbusiness may only conduct the commercial cannabis uses identified in Section 17.95.040 of this chapter.
C.
All
retail, non-volatile manufacturing, and distribution activities conducted
by a permittee under a microbusiness must occur on the same premises.
D.
Areas
of the licensed premises for manufacturing and cultivation must be
separated from the distribution and retail areas by a wall, and all
doors between the areas are to remain closed.
(Ord. 819 § 7, 2020)
Testing laboratories operating within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5700 through 5739.
(Ord. 819 § 7, 2020)
This chapter may be enforced in any lawful manner by any peace
officer, or by any employee, agent, or officer of any of the following
city department or agencies:
(Ord. 819 § 7, 2020)
Any violation of this chapter is hereby declared a public nuisance and may be abated by the city pursuant to Title 8 of this code.
(Ord. 819 § 7, 2020)
Any person who violated any provision of this chapter will be
guilty of a separate offense for each and every day during which any
person commits, continues to permit, or causes a violation thereof.
(Ord. 819 § 7, 2020)
Any violation of any provision of this chapter may be prosecuted
as a misdemeanor.
(Ord. 819 § 7, 2020)
In addition to the civil remedies and criminal penalties set forth above, any violation of this chapter may be subject to administrative remedies, as set forth by Chapter 1.24.
(Ord. 819 § 7, 2020)
Notwithstanding this chapter, the city, its employees, agents,
and officers have the authority to pursue any and all applicable remedies
for any other violations of any local, state, or federal laws.
(Ord. 819 § 7, 2020)
