It is the purpose and intent of this chapter to regulate the
cultivation, possession, manufacturing, processing, storing, laboratory
testing, labeling, transportation, distribution, delivery, or sale
of medicinal and adult-use cannabis and cannabis products in a responsible
manner to protect the health, safety, and welfare of the residents
of Stanislaus County and to enforce its rules and regulations consistent
with state law. It is the further purpose and intent of this chapter
to require all commercial cannabis activities to obtain and renew
annually a Stanislaus County issued permit to operate within the county.
Nothing in this chapter is intended to authorize the possession, use,
or sale 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 activity in
the county.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §1, 2019)
Pursuant to Sections 5 and 7 of Article XI of the California
Constitution, the provisions of the Medicinal and Adult Use Cannabis
Regulation and Safety Act (hereinafter "MAUCRSA"), any subsequent
state legislation and/or regulations regarding the same, the county
of Stanislaus is constitutionally empowered and statutorily authorized
to adopt ordinances that establish standards, requirements and regulations
for the licensing and permitting of commercial medicinal and adult-use
cannabis activities. 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 Stanislaus County to
all commercial cannabis activity.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §2, 2019)
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. The definitions included in this Section
do not include the activities defined in Section 11362.1 and Section
11362.2 of the California
Health and Safety Code.
A. "A-license"
means a license issued under this chapter for cannabis or cannabis
products that are intended for adults twenty-one years of age and
over and who do not possess a physician's recommendation.
B. "Applicant"
means the person or persons applying for a commercial cannabis activity
permit pursuant to this chapter.
C. "Batch"
means a specific quantity of homogeneous cannabis or cannabis product
that is one of the following types:
1. "Harvest
batch" means a specifically identified quantity of dried flower or
trim, leaves, and other cannabis plant matter that is uniform in strain,
harvested at the same time, and, if applicable, cultivated using the
same pesticides and other agricultural chemicals, and harvested at
the same time.
2. "Manufactured
cannabis batch" means either of the following:
a. An amount of cannabis concentrates or extract that is produced in
one production cycle using the same extraction methods and standard
operating procedures.
b. An amount of a type of manufactured cannabis produced in one production
cycle using the same formulation and standard operating procedures.
D. "Bureau"
means the California Bureau of Cannabis Control.
E. "Cannabinoid"
or "phytocannabinoid" means a chemical compound that is unique to
and derived from cannabis.
F. "Cannabis"
has the same meaning as defined in California Business and Professions
Code Section 26001, as may be amended from time to time. For the purpose
of this chapter, "cannabis" does not mean "industrial hemp" as defined
by Section 11018.5 of the
Health and Safety Code.
G. "Cannabis
concentrate" means 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 chapter. 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.
H. "Cannabis
products" has the same meaning as in Section 11018.1 of the Health
and Safety Code and as that section may be amended, and means 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.
I. "Canopy"
means all of the following:
1. The
designated area(s) at a licensed premises that will contain mature
plants at any point in time;
2. Canopy
shall be calculated in square feet and measured using clearly identifiable
boundaries of all area(s) that will contain mature plants at any point
in time, including all of the space(s) within the boundaries;
3. Canopy
may be noncontiguous but each unique area included in the total canopy
calculation shall be separated by an identifiable boundary such as
an interior wall or by at least ten feet of open space; and
4. If
mature plants are being cultivated using a shelving system, the surface
area of each level shall be included in the total canopy calculation.
J. "Caregiver"
or "primary caregiver" has the same meaning as that term is defined
in Section 11362.7 of the California
Health and Safety Code.
K. "County"
or "county of Stanislaus County" means the county of Stanislaus.
L. "Commercial
cannabis activity" means the any one of the following: commercial
cultivation, possession, manufacturing, processing, storing, laboratory
testing, labeling, transporting, distribution, or sale of medicinal
or non-medicinal cannabis or a medicinal or non-medicinal cannabis
product. For the purposes of this chapter, "commercial cannabis activity"
does not include the personal use activities as defined in Section
11362.1 and Section 11362.2 of the California
Health and Safety Code.
M. "Commercial
cannabis cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis, other
than solely for personal use, for sale or distribution.
N. "Commercial
cannabis activity permit" (sometimes referred to herein as "CCA permit")
means a regulatory permit issued by the county pursuant to this chapter
to a commercial cannabis activity, and is required before any commercial
cannabis activity may be conducted in the county.
O. "Cultivation"
means any activity involving the planting, growing, harvesting, or
processing (including drying, curing, grading, trimming, storing,
packaging, or labeling) of nonmanufactured cannabis. Cultivation includes
indoor, mixed-light, natural light, or nursery cultivation. Cultivation
outside of a structure is prohibited within Stanislaus County.
P. "Cultivation
site" means a location where cannabis is planted, grown, harvested,
dried, cured, graded, or trimmed, or a location where any combination
of those activities occurs.
Q. "Customer"
means a natural person twenty-one years of age or over or a natural
person eighteen years of age or older who possesses a physician's
recommendation.
R. "Day
care center" or "child care center" means any state licensed child
care facility of any capacity, other than a family day care or family
child care home, as defined in Section 101152(c)(7) of the California
Code of Regulations, in which less than twenty-four-hour-per-day non-medical
care and supervision are provided to children in a group setting.
S. "Delivery"
means the commercial transfer of cannabis or cannabis products to
a customer.
T. "Distribution"
means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed pursuant to this chapter.
U. "Distributor"
means a person holding a valid commercial cannabis activity permit
for distribution issued by the county of Stanislaus, and, a valid
state license for distribution, required by state law to engage in
the activity of purchasing cannabis from a licensed cultivator, or
cannabis products from a license manufacturer, for sale to a licensed
retailer.
V. "Dried
flower" means all dead cannabis that has been harvested, dried, cured,
or otherwise processed, excluding leaves and stems.
W. "Edible
cannabis product" means manufactured cannabis that is intended to
be used, in whole or in part, for human consumption, including, but
not limited to, chewing gum, but excluding products set forth in Division
15 (commencing with Section 32501) of the
Food and Agricultural Code.
An edible cannabis product is not considered food, as defined by Section
109935 of the
Health and Safety Code, or a drug, as defined by Section
109925 of the
Health and Safety Code.
X. "Family
day care" or "family child care" means regularly provided care, protection
and supervision of children, in the caregiver's own home, for periods
of less than twenty-four hours per day, while the parents or authorized
representatives are away, as defined in Section 102352(f)(1) of the
California Code of Regulations.
Y. "Greenhouse"
means a permanent structure protected by an exterior envelope or assembly
that provides protection of all structural members from the detrimental
effects of the exterior environment. These assemblies may include,
but are not limited to, translucent roof and wall panels. The structure
shall be provided with means to control temperature and/or humidity
for the cultivation or protection of plants. Structures of a temporary
or non-secure nature, including, but not limited to, movable greenhouses,
tents, and hoop houses, are not considered a greenhouse for purposes
of commercial cannabis cultivation.
Z. "Hearing
officer" means a person appointed by the chair of the board of supervisors
to conduct an administrative hearing under this chapter.
AA. "Indoor
cultivation" means the cannabis of cannabis within a fully enclosed
building using artificial light, at a rate greater than twenty-five
watts per square foot.
BB. "Labeling"
means any label or other written, printed, or graphic matter upon
a cannabis product, upon its container.
CC. "License"
means a state license, including both an A-license and an M-license,
as well as a testing laboratory license, issued under this chapter
for cannabis or cannabis products.
DD. "Licensing
authority" means the state agency responsible for the issuance, renewal,
or reinstatement of a license for a commercial cannabis activity,
or the state agency authorized to take disciplinary action against
the license. Licensing Authority is differentiated from the county
as the local permitting authority.
EE. "Live
plants" means living cannabis flowers and plants, including seeds,
immature plants, and vegetative stage plants.
FF. "Local
jurisdiction" means a city, county, or city and county.
GG. "Lot"
means a batch or a specifically identified portion of a batch.
HH. "M-license"
means a license issued under this chapter for commercial cannabis
activity involving medicinal cannabis.
II. "Manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
JJ. "Manufactured
cannabis" or "cannabis product" means 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.
KK. "Manufacturer"
means a commercial cannabis activity permittee 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 or labels or containers.
LL. "Manufacturing
facility" means a location that produces, prepares, propagates, or
compounds manufactured 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
activity permit for manufacturing from the county of Stanislaus and,
a valid state license as required for manufacturing of cannabis products.
1. Manufacturing
Facility Volatile. Facility which manufactures cannabis products using
volatile solvents, which involves the use of solvents which produce
a flammable gas or vapor that, when present in the air in sufficient
quantities, will create explosive or ignitable mixtures.
2. Manufacturing
Facility Non-Volatile. Facility which manufactures cannabis products
using nonvolatile solvents, or no solvents.
MM. "Medicinal
cannabis" or "medicinal cannabis product" means a product containing
cannabis, including, but not limited to, flowers, concentrates and
extractions, intended to be sold for use by a medicinal cannabis patient
in California who possesses a physician's recommendation, pursuant
to the Compassionate Use Act of 1996 (Proposition 215), found at Section
11362.5 of the
Health and Safety Code. For the purposes of this chapter,
"medicinal cannabis" does not include "industrial hemp" as defined
by Section 81000 of the
Food and Agricultural Code or Section 11018.5
of the
Health and Safety Code.
NN. "Mixed-light
cultivation" means the cultivation of cannabis in a greenhouse using
light deprivation and/or artificial lighting below a rate of twenty-five
watts per square foot.
OO. "Natural
light cultivation" means the cultivation of cannabis without the use
of light deprivation and/or artificial lighting in the canopy area.
PP. "Nursery"
means the production of only clones, immature plants, seeds, and other
agricultural products used specifically for the planting, propagation,
and cultivation of cannabis.
QQ. "Operation"
means any act for which a permit is required under the provisions
of this chapter, or any commercial transfer of cannabis or cannabis
products.
RR. "Owner"
means any of the following:
1. A
person with an aggregate ownership interest of twenty percent or more
in the person applying for a permit or a permittee, unless the interest
is solely a security, lien, or encumbrance.
2. The
chief executive officer of a nonprofit or other entity.
3. A
member of the board of directors of a nonprofit.
4. An
individual who will be participating in the direction, control, or
management of the person applying for a license.
SS. "Package"
means any container or receptacle used for holding cannabis or cannabis
products.
TT. "Park"
means an area created, established, designated, or maintained by a
city, a county, a special district, the state, the federal government,
or a private association for public play, recreation, or enjoyment
or for the protection of natural resources and features at the site.
UU. "Patient"
or "qualified patient" shall have 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 and Safety Code Section 11362.5.
VV. "Permittee"
means the owner(s) of the commercial cannabis activity and who are
issued a commercial cannabis activity permit under this chapter, regardless
of whether the permit held is an A-license or an M-license, and includes
the holder of a testing laboratory license.
WW. "Person"
includes any individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, activity trust,
receiver, syndicate, or any other group or combination acting as a
unit, and the plural as well as the singular.
XX. "Person
with an identification card" as used herein shall be defined as it
is in California
Health and Safety Code Section 11362.7.
YY. "Physician's
recommendation" means a recommendation by a physician and surgeon
that a patient use cannabis provided in accordance with the Compassionate
Use Act of 1996 (Proposition 215), found at Section 11362.5 of the
Health and Safety Code.
ZZ. "Premises"
means the designated building or buildings and land specified in the
application that is owned, leased, or otherwise held under the control
of the applicant or permittee where the commercial cannabis activity
will be or is conducted.
AAA. "Purchaser" means the customer who is engaged in a transaction with
a permittee for purposes of obtaining cannabis or cannabis products.
BBB. "Primary caregiver" has the same definition as in Section 11362.7
of the California
Health and Safety Code, as it may be amended.
CCC. "Property owner" means the person or persons who hold the present
interest and beneficial use of the subject property.
DDD. "Qualified patient" has the same definition as in Section 11362.7
of the California
Health and Safety Code, as it may be amended.
EEE. "Retailer" means a commercial cannabis business 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, including an establishment (whether fixed or mobile) that delivers,
pursuant to express authorization, cannabis and cannabis products
as part of a retail sale, and where the operator holds a valid commercial
cannabis activity permit from the county of Stanislaus authorizing
the operation of a retailer, and a valid state license as required
by state law to operate a retailer.
1. Retailer Storefront. Inveeolves the retail sale and delivery of cannabis
or cannabis products to customers at a licensed physical location
open to the public, from which commercial cannabis activities are
conducted.
2. Retailer Non-Storefront. Involves the retail sale and delivery of
cannabis or cannabis products to customers at a licensed physical
location closed to the public, from which commercial cannabis activities
are conducted.
FFF. "Sale," "sell," and "to sell" includes barter, exchange, trade, keep
for sale, offer for sale, or expose for sale, in any of their variant
forms and any transaction whereby, for any consideration, title to
cannabis or cannabis products are transferred from one person to another,
and includes 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, but does not include the return of
cannabis or cannabis products by a permittee to the permittee from
whom the cannabis or cannabis product was purchased.
GGG. "School" For purposes of this chapter, school means any public or
private school providing instruction in kindergarten or grades 1-12,
inclusive, but does not include any private school in which education
is primarily conducted in private homes.
HHH. "State" means the state of California.
III. "State license" means 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.
JJJ. "Testing laboratory" means a facility, laboratory, entity, or site
in the state that offers or performs test of cannabis or cannabis
products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other
persons involved in commercial cannabis activity in the state.
2. Licensed by the California Bureau of Cannabis Affairs.
KKK. "Transport" means the transfer of cannabis products from the permitted
activity location of one permittee to the permitted activity location
of another permittee, 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.
LLL. "Unique identifier" means an alphanumeric code or designation used
for reference to a specific plant on a licensed premises and any cannabis
or cannabis product derived or manufactured from that plant.
MMM. "Youth center" means a public or non-profit operated facility established
for the purposes of providing social and recreational opportunities
for children ages eleven to eighteen years old. The term "youth center"
does not include "youth instructional facilities."
NNN. "Youth instructional facilities" means any commercially operated
facility that provides supervised instruction to children below eighteen
years old, examples include, but are not limited to, instruction in
art, music, dance, gymnastics, cheer, sports, martial arts, or tutoring.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §3, 2019)
Except as specifically authorized in this chapter, the commercial
cultivation, manufacture, processing, storing, laboratory testing,
labeling, sale, delivery, distribution or transportation (other than
as provided under
Business and Professions Code Section 26090(e)),
of cannabis or cannabis product is expressly prohibited in the county
of Stanislaus. For the purposes of this section, "commercial cannabis
activity" does not include the activities defined in Section 11362.1
and Section 11362.2 of the California
Health and Safety Code related
to personal use and cultivation.
(Ord. CS 1206 §2, 2017)
A. It is
the responsibility of the owners and operators of the commercial cannabis
activity to ensure that it is always operating in a manner compliant
with all applicable state and local laws, and any regulations promulgated
thereunder. Nothing in this chapter shall be construed as authorizing
any actions that violate federal, state law or local law with respect
to the operation of a commercial cannabis activity. It shall be the
responsibility of the owners and the operators of the commercial cannabis
activity to ensure that all commercial cannabis activity is, at all
times, operating in a manner compliant with all applicable state and
local laws, any subsequently enacted state law or regulatory, licensing,
or certification requirements, and any specific, additional operating
procedures or requirements which may be imposed as conditions of approval
of the commercial cannabis activity permit.
B. Minors.
Except as otherwise specified herein, persons under the age of twenty-one
years shall not be allowed on the premises of a commercial cannabis
activity and shall not be allowed to serve as a driver for a mobile
delivery service. It shall be unlawful and a violation of this chapter
for any person to employ any person at a commercial cannabis activity
who is not at least twenty-one years of age.
C. Restriction
on Alcohol and Tobacco Sales.
1. No
person shall cause or permit the sale, dispensing, or consumption
of alcoholic beverages on or about the premises of the commercial
cannabis activity.
2. No
person shall cause or permit the sale of tobacco products on or about
the premises of the commercial cannabis activity.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §4, 2019)
A. Prior
to operation of any commercial cannabis activity the following shall
be obtained:
1. Commercial
Cannabis Activity Permit ("CCA Permit"). A CCA permit to operate any
commercial cannabis activity in the unincorporated areas of the county
shall be obtained from the treasurer-tax collector, in accordance
with the provisions of this chapter.
a. No more than sixty-one CCA permits may be issued within the unincorporated
areas of the county. Each commercial cannabis activity shall require
a separate CCA permit. For purposes of this chapter, A-license type
activities and M-license type activities are not separate and distinct
activities. Registration for permits shall be opened at the discretion
of the CEO in accordance with board policy.
b. Prior to issuance of a CCA permit, applicants shall demonstrate that they meet the standards which are established in the application requirements or further amendments to the application process as established by the county chief executive officer under Section
6.78.210. Each application for a CCA permit shall be referred to the various county departments to ensure all other regulatory standards have been met.
c. Each commercial cannabis activity permit issued pursuant to this chapter shall expire one year after the date of its issuance. Commercial cannabis activity permits may be renewed as provided in Section
6.78.200.
2. Development Agreement. Prior to operating in the county and as a condition of issuance of the CCA permit, the permittee of each commercial cannabis activity shall enter into a development agreement, as specified in Title
22 of the Stanislaus County Code, with the county setting forth the terms and conditions under which the commercial cannabis activity will operate that are in addition to the requirements of this chapter, and such other terms and conditions that will protect and promote the public health, safety and welfare.
3. Land Use Permit. Prior to operating, permittee shall obtain all necessary entitlements as required by Title
21 of the Stanislaus County Code. Any permit required in accordance with Title
21 may be conditioned to apply greater restrictions than those required by this chapter.
4. State
License. Pursuant to California
Business and Professions Code Section
26053(a), upon implementation of state regulations, a valid license
from the state shall be required to operate any commercial cannabis
activity or to engage in any commercial cannabis activity.
a. Copies of any and all documentation provided to any state agency
for the purposes of obtaining a state license for any commercial cannabis
activity within Stanislaus County shall also be provided to the county
within five calendar days of being submitted to the state.
B. General.
It is unlawful for a person to engage in any commercial cannabis activity
within the unincorporated areas of Stanislaus County including cultivation,
manufacturing, processing, laboratory testing, storing, transporting,
dispensing, distribution, or sale of cannabis or a cannabis product
unless the commercial cannabis activity is in compliance with all
applicable state and local laws and regulations pertaining to commercial
cannabis activity, including the duty to obtain any required state
licenses.
C. The
permittee shall post or cause to be posted their local CCA permit
and any state commercial cannabis permit, required to operate. Such
posting shall be at a location visible to the patrons and near the
point of sale at the operating site, and in all vehicles that deliver
or transport cannabis product.
D. No CCA
permit shall be issued unless and until all land use entitlements
and development agreements have been approved by the county and all
necessary state licenses, permits and approvals have been obtained.
Commercial cannabis activities which have obtained their CCA permit
shall have six months from the effective date of issuance of the permit
to obtain the required licenses from the state. If all state licenses
and approvals required to operate the commercial cannabis activity
are not obtained within the six month period the CCA permit shall
not be renewed.
E. Fees
and Charges. All commercial cannabis activity authorized to operate
under this chapter shall pay all sales, use, activity and other applicable
taxes, and all license, registration, and other fees required under
federal, state and local law. Each commercial cannabis activity shall
produce its books and records to the county 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. CS 1206 §2, 2017; Ord. CS 1258 §5, 2019)
A. Number
of Permits Limited. No more than seven retailers shall be issued a
CCA permit by Stanislaus County to operate as a commercial cannabis
retailer at one time in all unincorporated county zoning districts
combined.
B. Physical
Location Required. Both storefront retailers and non-storefront retailers
are required to maintain a physical location within the unincorporated
county area from which the commercial cannabis activities that are
permitted under this chapter are conducted.
C. Limits
on Hours of Operation. A licensed retailer shall only sell cannabis
during the hours of eight a.m. Pacific Time to 10:00 p.m. Pacific
Time, or as otherwise stated in project approvals, and shall not otherwise
be open to the public outside of those hours.
D. Retailers
shall ensure that all cannabis and cannabis products held for sale
by the retailer are cultivated, manufactured, transported, distributed,
and tested by California licensed and permitted facilities that are
in full conformance with all state and local regulations.
1. Retailers
shall not distribute any cannabis or cannabis product unless such
products are labeled and in a tamper-evident package in compliance
with Chapter 12, "Packaging and Labeling," of Division 10 of the California
Business and Professions Code and any additional rules promulgated
by a licensing authority.
2. Possession
or delivery of any form of illegal drugs without proper legal authorization
under state law shall be grounds for revocation of permits.
3. Permittees
shall not provide free samples of any type, including cannabis goods,
to any person and shall not allow any person to provide free samples
on the permittee's premises.
E. Delivery.
Delivery shall be conducted in accordance with California Business
and Professions Code Section 26090 or as may be amended from time
to time and all state regulations pertaining to delivery of cannabis
products. Retailers and micro-businesses shall only deliver to customers
within a jurisdiction that does not expressly prohibit delivery within
their jurisdictional boundary by ordinance.
1. All
deliveries shall be conducted by an employee of the permittee who
is at least twenty-one years of age.
2. All
deliveries shall be made in person to a physical address and product
must be delivered physically to the requesting customer at the address
indicated on the delivery request. Delivery may not be made by drop-off
or to any person other than the requesting customer.
3. Cannabis
and cannabis products to be delivered shall be pre-package for sale
and placed in an opaque package prior to delivery. Only the product
to be delivered shall be maintained in the vehicle.
4. Cannabis
and cannabis products to be delivered shall be maintained out of the
public view and shall be held within a separately locked and secured
area contained within the delivery vehicle at all times until arrival
at the delivery address. All delivery vehicle doors shall be locked
and all vehicle windows secured when unoccupied. Permittee shall continuously
electronically monitor the location of each delivery vehicle and shall
at any and all times be able to identify the current location of each
delivery vehicle within fifty feet of its actual location. Permittee's
security plan shall include provisions relating to vehicle security
and the protection of employees and product during delivery.
5. Permittee's
delivery employees shall carry no cash, nor shall there be any cash
held within the delivery vehicle, except for the driver's personal
funds, funds collected from a customer purchasing cannabis goods via
delivery, or any small bills sent out with the delivery driver as
change to facilitate transactions with customers. Notwithstanding
the aforementioned, in no case shall any delivery driver be permitted
to leave the licensed premises with over five hundred dollars in cash.
F. Security. In addition to the operational standards required by Section
6.78.120 of this chapter, the following security measures are required to be implemented for all commercial cannabis retailers in unincorporated Stanislaus County:
1. For
M-type retailers, verify the age and all necessary documentation of
each customer to ensure the customer is not under the age of eighteen
years and that the potential customer has a valid doctor's recommendation.
For A-type retailers, verify the age of customers to ensure persons
under the age of twenty-one are not permitted.
2. Entrances
into the retail location 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 unless there is a security guard
physically present and primarily stationed in the reception/lobby
to monitor customer ingress and egress into the retail area.
3. Uniformed
licensed security personnel shall be employed to monitor site activity,
control loitering and site access, prevent sampling or use of product
in parking areas, and to serve as a visual deterrent to unlawful activities.
4. Retailers
may only display in the retail sales area of the retailer that quantity
of cannabis and cannabis products reasonably anticipated to meet the
daily demand for sale on site and only during operating hours. All
other inventory shall be maintained in a secured area.
5. All
restroom facilities shall remain locked and under the control of management.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §6, 2019)
A. All
permittees conducting cultivation activities under this chapter shall
comply with the state of California and Stanislaus County Agricultural
Commissioner's requirements for unique identifiers and Track and Trace
programs.
B. Documentation
of all pesticides used by the permittee shall be presented to the
Stanislaus County Agricultural Commissioner, and all pesticides and
fertilizers shall be properly labeled and stored to avoid contamination
through erosion, leakage, or inadvertent damage from rodents, pests,
or wildlife.
C. Commercial
cannabis cultivation operations shall be conducted in accordance with
state and local laws related to land conversion, grading, electricity,
water usage, water quality, woodland and riparian habitat protection,
agricultural discharges, and similar matters.
1. Water
Conservation Measures. Commercial cannabis cultivation operations
shall include adequate measures that minimize use of water for cannabis
cultivation at the site. Water conservation measures, water capture
systems, or grey water systems shall be incorporated into commercial
cannabis cultivation operations in order to minimize use of water
where feasible.
2. Energy
Conservation Measures. Commercial cannabis cultivation operations
shall include adequate measures to address the projected energy demand
for cannabis cultivation at the site.
D. Visibility.
In no case, shall cannabis plants be visible from off site, including
transfer. No visual markers indicating that cannabis is cultivated
on the site shall be visible from off site. All greenhouse cultivation
activities shall be fully enclosed by an opaque fence, made of uniform
material, at least seven feet in height. The fence must be adequately
secured by a locked gate to prevent unauthorized entry. The fence
design and construction material shall be approved by the county.
E. Enclosure.
All commercial cannabis cultivation operations shall occur within
a greenhouse or fully enclosed building. If conducted within a greenhouse,
supplemental lighting shall not exceed twenty-five watts per square
foot to be used up to one hour before sunrise or after sunset, unless
the greenhouse or facility is equipped with light-blocking measures
to ensure that no light escapes.
F. Outdoor
Cultivation. No outdoor commercial cannabis cultivation is allowed
within the unincorporated areas of the county of Stanislaus.
G. Commercial
cannabis cultivation activities in the A-2 zoning district shall be
limited to cultivation, nursery, or distribution (limited to permitted
commercial cannabis product grown on-site) within the following type
of structure:
2. Accessory
storage buildings may be utilized provided the following criteria
is met:
a. The building must meet the requirements of Section
6.78.120(B).
b. No more than ten thousand square feet of cultivation or nursery canopy
shall be allowed.
H. The
cumulative total canopy size of cannabis cultivated at the cultivation
site shall not exceed the canopy size authorized under the county's
CCA permit or state permit, whichever is least.
I. Commercial
cannabis cultivation activities shall not be considered agriculture
for the purpose of the county's right-to-farm policy or sphere of
influence policy.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §7, 2019)
A. The
commercial cannabis product manufacturing facility shall include adequate
quality control measures to ensure cannabis products manufactured
at the site meet industry standards, as well as applicable state and
local regulations.
B. Hazardous
Materials. The commercial cannabis products manufacturing facility
shall meet the Stanislaus County department of environmental resources'
requirements, including, but not limited to, requirements for the
storage and handling of hazardous materials.
1. The
Director of the Stanislaus County environmental resources department
or designee is the appropriate authority to determine if commercial
cannabis products manufacturing operations require local oversight.
C. Consumable
Products. Permittees that manufacture products in the form of food
or other product meant to be consumed shall obtain and maintain the
appropriate approvals for the provision of food or other product meant
to be consumed from the State Department of Public Health, unless
otherwise governed by state law and licensed by the state.
1. Any
employees of a commercial cannabis products manufacturing facility
operating potentially hazardous equipment shall 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 products or ingredients shall be trained on proper
food safety practices.
D. Safety. Operator/owner shall ensure the commercial cannabis products manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids, or substances. In addition to the operational standards required by Section
6.78.120 of this chapter, the following safety measures are required to be implemented for all commercial cannabis products manufacturing activities in unincorporated Stanislaus County:
1. Any
compressed gases used in the manufacturing process shall not be stored
on any property within the county of Stanislaus in containers that
exceed the amount which is approved by the local fire authority and
authorized by the regulatory permit. Each site or parcel subject to
a commercial cannabis activity permit shall be limited to a total
number of tanks as authorized by the applicable fire district on the
property at any time.
2. Commercial
cannabis product 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 local fire authority. These solvents must be of at least ninety-nine
percent 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.
3. If
an extraction process uses a professional grade closed loop CO₂
gas extraction system, every vessel must be certified by the manufacturer
of the vessel for its safe use. The CO₂ must be of at least
ninety-nine percent purity.
4. Closed
loop systems for compressed gas extraction systems must be commercially
manufactured and bear a permanently affixed and visible serial number.
5. Certification
from an engineer licensed by the state of California must be provided
to the local fire authority 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:
a. The American Society of Mechanical Engineers (ASME);
b. American National Standards Institute (ANSI);
c. Underwriters Laboratories (UL); or
d. The American Society for Testing and Materials (ASTM).
6. The
certification document must contain the signature and stamp of the
professional engineer and serial number of the extraction unit being
certified.
7. Professional
closed loop systems, other equipment used, the extraction operation,
and facilities must be approved for their use by the fire district
having jurisdiction and meet any required fire, safety, and building
code requirements specified in the California Building Reference Codes.
8. Commercial
cannabis products manufacturing facilities may use heat, screens,
presses, steam distillation, ice water, and other methods without
employing solvents or gases to create kief, hashish, bubble hash,
infused dairy butter, or oils or fats derived from natural sources,
and other extracts.
9. Commercial
cannabis products 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.
10. Commercial cannabis products manufacturing facilities creating cannabis
extracts must develop standard operating procedures, good manufacturing
practices, and a training plan prior to producing extracts for the
marketplace.
11. 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.
12. Parts per million for one gram of finished extract cannot exceed
state standards for any residual solvent or gas when quality assurance
tested.
(Ord. CS 1206 §2, 2017)
A. Commercial
cannabis testing facilities shall be independent from all other persons
and entities involved in the cannabis industry and are prohibited
from licensure for any other activity, except testing. Commercial
cannabis testing facilities shall not employ an individual who is
also employed by any other commercial cannabis licensee, unless it
is another licensed commercial cannabis testing facility.
B. Quality
Control. Commercial cannabis testing facilities shall adopt standard
operating procedures using methods consistent with general requirements
for the competence of testing and calibration activities, including
sampling, using standard methods established by the International
Organization for Standardization, specifically ISO/IEC 17020 and ISO/IEC
17025 to test cannabis and cannabis products that are approved by
an accrediting body that is a signatory to the International Laboratory
Accreditation Cooperation Mutual Recognition Arrangement.
1. Commercial
cannabis testing facilities shall obtain samples for testing according
to a statistically valid sampling method.
2. Commercial
cannabis testing facilities shall analyze samples according to either
the most current version of the cannabis inflorescence monograph published
by the American Herbal Pharmacopoeia or a scientifically valid methodology
that is demonstrably equal or superior to the most recent cannabis
inflorescence monograph.
3. If
a test result falls outside the specifications authorized by law or
regulation, the cannabis testing facility shall follow a standard
operating procedure to confirm or refute the original result.
4. Commercial
cannabis testing facilities shall destroy the remains of any samples
of cannabis or cannabis product tested upon completion of the analysis.
5. A
licensed testing laboratory shall issue a certificate of analysis
for each lot, with supporting data, to report both of the following:
a. Whether the chemical profile of the lot conforms to the specifications
of the lot for compounds, including, but not limited to, all of the
following:
i. Tetrahydrocannabinol (THC).
ii. Tetrahydrocannabinolic acid (THCA).
iv. Cannabidiolic acid (CBDA).
v. The terpenes described in the most current version of the cannabis
inflorescence monograph published by the American Herbal Pharmacopoeia.
viii.
Any other compounds required by the California Department of
Public Health.
b. That the presence of contaminants does not exceed the levels that
are the lesser of either the most current version of the American
Herbal Pharmacopoeia monograph or the California Department of Public
Health. For purposes of this paragraph, contaminants include, but
are not limited to, all of the following:
i. Residual solvent or processing chemicals.
ii. Foreign material, including, but not limited to, hair, insects, or
similar or related adulterant.
iii. Microbiological impurity, including total aerobic microbial count,
total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus,
aflatoxin B1, B2, G1, or G2, or ochratoxin A.
iv. Whether the batch is within specification for odor and appearance.
6. Plans
for the testing facility demonstrate proper protocols and procedures
for statically valid sampling methods and accurate certification of
cannabis and cannabis products for potency, purity, pesticide residual
levels, mold, and other contaminants according to adopted industry
standards.
7. Testing Laboratories shall be required to conduct all testing in a manner pursuant to
Business and Professions Code Section 26100 and shall be subject to state and local law. Each Testing Laboratory shall be subject to additional regulations as determined from time to time as more regulations are developed under Section
6.78.210 of this chapter and any subsequent state of California legislation regarding the same.
8. Testing
Laboratories shall conduct all testing in a manner consistent with
general requirements for the competence of testing and calibration
activities, including sampling using verified methods.
9. All
cannabis testing laboratories performing testing shall obtain and
maintain ISO/IEC 17025 accreditation as required by the California
Bureau of Cannabis Control.
(Ord. CS 1206 §2, 2017)
A. Cannabis
and commercial cannabis products shall only be transported between
commercial cannabis activities that have valid local and state commercial
cannabis permits and/or licenses.
B. In addition to the operational standards required by Section
6.78.120 of this chapter, the following record keeping measures are required to be implemented for all commercial cannabis distribution activities in unincorporated Stanislaus County:
1. Prior
to transporting commercial cannabis or commercial cannabis products,
the distributor shall complete the shipping manifest required by state
law or regulations. The shipping manifest shall include the county's
track and trace unique identifier information from the cultivation
source.
2. A
copy of the shipping manifest shall be maintained during transportation
and shall be made available upon request to law enforcement or any
agents of the state or county charged with enforcement of this chapter.
3. Distribution
facilities shall maintain appropriate records of transactions and
shipping manifests. An organized and clean method of storing and transporting
cannabis and cannabis products shall be provided to maintain a clear
chain of custody.
C. Quality
Control.
1. Distributors
shall ensure that appropriate samples of cannabis or cannabis products
are tested by a licensed testing facility prior to distribution and
shall maintain a copy of the test results in its files.
2. Prior
to distribution, the distributor shall inspect cannabis or cannabis
products for quality assurance.
3. Commercial
cannabis and commercial cannabis products shall be packaged and labeled
in accordance with the requirements of state law.
D. Air
Quality. Distributors shall to the extent practicable use zero emissions
vehicles in their transportation fleet.
(Ord. CS 1206 §2, 2017)
A. General
Applicability. The following operational standards apply to all commercial
cannabis activities permitted in the county.
1. Commercial
cannabis activities shall be located only in the zoning district where
specified in Title 21 of the Stanislaus County Code as a conditionally
permitted use.
a. In addition to the land use entitlement permit application and the
CCA permit application, a supplemental application in a form approved
the planning director may be required.
2. In
accordance with the county's General Plan Sphere of Influence (SOI)
Policy, commercial cannabis activities located within a local agency
formation commission (LAFCO) adopted SOI of a city shall have written
approval from the city prior to county approval of any discretionary
land use entitlement. For purposes of this chapter, the following
shall apply:
a. Commercial cannabis cultivation and nurseries shall not be considered
an agricultural or church use exempt from the county's SOI policy.
b. The exception in the SOI Policy for the Beard Tract and Upper McHenry
areas located within the city of Modesto's SOI shall not apply.
3. Recognizing
the unique concern for the potential impacts of commercial cannabis
activities to cities with an adopted ordinance banning commercial
cannabis activities, written approval from any city in Stanislaus
County with an adopted ordinance banning commercial cannabis activities
shall be required prior to approval of any discretionary land use
entitlement of a commercial cannabis activity located within a one-half
mile radius outside of the SOI of the city, with the following exceptions:
a. Any areas identified as a Community Plan Area in the Land Use Element
of the Stanislaus County General Plan. Within these Community Plan
Areas, land use entitlement applications for a commercial cannabis
activity shall be subject to subsection (A)(5).
b. Any areas where there is overlap between the one-half mile radius
outside of the SOI and a LAFCO adopted SOI of a different city. In
this case, the LAFCO adopted SOI shall govern as reflected in the
preceding subsection (A)(2).
4. Recognizing
the potential impacts associated with allowing for a concentration
of retail activities (both storefronts and non-storefronts) to be
located within the unincorporated area, within the city of Modesto's
LAFCO adopted SOI and within a one-half mile radius outside of the
city of Modesto's SOI the following location limitations shall apply
to retail commercial cannabis activity permits:
a. No more than a combined total of five retail permits shall be permitted
to operate.
b. No more than three retail activities shall be permitted to operate
within any one-mile radius at any one time.
c. The limit on retail activities shall only apply within the SOI of
the city of Modesto and within a one-half mile radius outside of the
city of Modesto's SOI, and shall not apply within the SOI of any other
city or any areas identified as a community plan area in the Land
Use Element of the Stanislaus County General Plan.
d. The county shall consult with the city of Modesto on the location
of retail activities. City of Modesto development standards, including
those specific to cannabis uses, including, setbacks, buffers, and
separators shall be applied to retail activities located within the
city's SOI and within a one-half mile radius outside of the city of
Modesto's SOI.
5. Within
a municipal advisory council's (MAC) boundary, land use entitlement
applications shall be referred to the MAC and the decision making
body shall give consideration to any comments received from the MAC.
a. The requirements for locations within a LAFCO adopted SOI shall govern
in any areas where there is overlap between a MAC boundary and a LAFCO
adopted SOI of a city.
6. Prior
to approval of any land use entitlement allowing for a commercial
cannabis activity the following setback requirements shall be met,
unless a waiver or reduction is granted:
a. Any building utilized for the operation of a commercial cannabis
activity shall be located a minimum of two hundred feet from any:
legal dwelling located on a parcel under different ownership; or a
library. Setbacks required by this section shall be subject to the
following:
i. Setbacks from dwellings shall be measured from the nearest point
of the area of a building used for the commercial cannabis activity
to the nearest point of the dwellings utilized for interior living
space.
ii. Setbacks from a library shall be measured from the nearest point
of the area of the building used for the commercial cannabis activity
to the boundary of the parcel improved with the library.
b. When located in the A-2 (General Agriculture) zoning districts, any
building utilized for commercial cannabis cultivation shall be set
back a minimum of fifty feet from the boundary of any adjoining parcel
under different ownership.
c. The decision making body of the discretionary land use entitlement
for a commercial cannabis activity may waive or reduce the setback
requirements of this subsection if any of the following apply:
i. The site of the commercial cannabis activity is physically separated
from the off-site dwelling by either: a building or other structure
blocking line of sight; or a physical barrier such as, but not limited
to, a wall or canal prohibiting direct path of travel between parcels
exists to mitigate potential environmental or security impacts resulting
from the commercial cannabis activity.
ii. The decision making body determines that such a waiver or reduction
will not result in material detriment to the welfare or the property
of persons located in the vicinity, based on findings of fact.
7. Commercial
cannabis activities shall not be located within a six hundred-foot
radius of any day care center, youth center (including parks), or
school, as defined in this chapter, existing at the time of initial
permitting, and as required by state law.
B. Site
control. All commercial cannabis activity shall meet the following
site control standards:
1. Secure
Building. All commercial cannabis activities shall occur entirely
inside of a building that shall be secure, locked, and fully enclosed,
with a ceiling, roof or top. With the exception of a greenhouse utilized
for cultivation the following criteria shall also be met:
a. The building, including all walls, doors, and the roof, shall be
of solid construction, and shall include material strong enough to
prevent entry except through an open door.
b. All buildings utilized in conjunction with commercial cannabis activities
shall include walls with a minimum thickness of six inches. All walls
shall be of solid construction and shall be faced on each side of
the framing members.
c. Existing Structures. Any existing structure to be utilized for commercial
cannabis activities shall meet the standard above and shall obtain
building permits for any improvements required to meet said building
standard. Improvements shall include materials which are no less compliant
with the provisions of the most current adopted California Building
Code than the existing building or structure was prior to the alteration."
C. Security
Measures. Permittee shall provide a security plan to the sheriff's
department for review and approval. The security plan shall be reviewed
annually or as often as deemed necessary by the sheriff's department.
The security plan shall include 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 activity and shall include, but
shall not be limited to, all of the following:
1. Preventing
individuals from remaining on the premises if they are not engaging
in an activity directly related to the permitted operations of the
commercial cannabis activity.
2. Establishing
limited access areas accessible only to authorized commercial cannabis
activity 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. Security
System Requirements.
a. The building shall include a professionally installed and maintained
alarm system, monitored by an alarm company or private security company.
The alarm system shall monitor all perimeter entry points and windows.
b. Installation of twenty-four-hour infrared security surveillance cameras
of at least HD-quality with minimum camera resolution of one thousand
two hundred eighty by one thousand twenty-four pixels to monitor activity
occurring within twenty feet of all entrances and exits to and from
the premises, all interior spaces within the commercial cannabis activity
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, all interior spaces where diversion of cannabis
could reasonably occur, and parking lot areas in a manner sufficient
to clearly observe facial features and to obtain a clear view of license
plates as vehicles enter. All cameras must be fixed and placement
shall allow for the clear and certain identification of any person
and activities in controlled areas of the licensed premises. All entrances
and exits shall be recorded from both indoor and outdoor, or ingress
and egress vantage points. All areas covered by the camera shall have
adequate lighting to effectively record images.
i. The surveillance camera system data storage device must be secured
on the licensed premises in a lockbox, cabinet, closet, or secured
in another manner to protect from employee tampering or criminal theft.
All cameras must record continuously twenty-four hours per day and
at a minimum of ten frames per second. Any and all video or audio
recordings made for security or other purposes shall be marked with
the date and time made and shall be kept, in an unaltered state, for
a period of forty-five days and must be made available to the county
or sheriff department for duplication upon demand. All recorded images
must clearly and accurately display the time and date. Time is to
be measured in accordance with the U.S. National Institute Standards
and Technology standards.
ii. Fish-eye cameras may be used only where approved by the sheriff's
department.
c. Alarm system sensors shall be installed to detect entry and exit
from all secure areas.
d. Alarm system panic buttons shall be installed in all permitted premises
as directed by the sheriff's department.
e. Any bars installed on the windows or the doors of the commercial
cannabis activity shall be installed only on the interior of the building.
f. Perimeter lighting systems (motion sensor) for after-hours security
are required as directed by the sheriff's department.
g. Security personnel shall be on-site as required by the county-approved
security plan. Security personnel must be licensed by the State of
California Bureau of Security and Investigative Services personnel
and shall be subject to the prior review and approval of the sheriff's
department, with such approval not to be unreasonably withheld.
h. Each commercial cannabis activity 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.
5. Loitering.
The permittee of a commercial cannabis activity shall erect signs
prohibiting loitering which are not less than one square foot in area
bearing the words "LOITERING PROHIBITED" in letters not less than
two inches high and includes the phrase "VIOLATION OF THIS NOTICE
CONSTITUTES A MISDEMEANOR—SECTION 6.78.120(D)(6)", posted conspicuously
on the property and at the entrance to the parking lot or area surrounding
the commercial cannabis activity.
a. It is a misdemeanor for any person to loiter, as defined herein of
this section, upon any private parking lot or private property surrounding
a commercial establishment when a notice has been posted or has been
caused to be posted by the owner of such property, as set forth herein.
b. For the purposes of this section, the term "loitering" is defined
as follows: Entering, remaining, prowling or wandering about, whether
in a motor vehicle or on foot, upon property of another without visible
or lawful business with the owner or occupant thereof.
6. The
commercial cannabis activity shall prepare and present to the county
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.
7. Permittees
shall notify the Stanislaus County sheriff's office 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 permittee
or any agent or employee of the permittee;
c. The loss or unauthorized alteration of records related to the permitted
activities, or employees or agents; or
d. Any other breach of security.
8. The
county may at any time review the effectiveness of the permittee's
security plan or of any other requirement of this chapter and direct
the permittee to make reasonable changes to the security plan deemed
necessary by the county to ensure the public's safety and security.
D. Odor
Control. Odor control devices and techniques shall be incorporated
into all commercial cannabis activities to ensure that odors from
cannabis are not detectable off-site. Commercial cannabis activities
shall provide a sufficient odor absorbing ventilation and exhaust
system so that cannabis odors are not detected outside of the facility,
anywhere on adjacent property or public rights-of-way, on or about
the exterior or interior common area walkways, hallways, breezeways,
foyers, lobby areas, or any other areas available for use by common
tenants or the visiting public, or within any other unit located inside
the same building as a commercial cannabis activity. As such, the
permittees shall install and maintain an exhaust air filtration system
or other similar equipment with odor control that prevents internal
odors from being emitted externally.
1. In
no case shall untreated air be vented outside of any building used
to conduct a commercial cannabis activity.
2. The
devices and techniques to be used to control odor shall be reviewed
and approved by a certified professional approved by the county and
an audit of the devices and techniques to be used shall be conducted
within thirty days of the commercial cannabis activity being conducted
upon issuance of a CCA permit.
E. Signage
and Notices.
1. Display
of CCA Permit and County Business License. The original copy of each
commercial cannabis activity permit issued by the county pursuant
to this chapter and the county issued business license shall be posted
inside the commercial cannabis activity in a location readily-visible
to the public.
2. In
addition to the requirements otherwise set forth in this Section,
business identification signage for a commercial cannabis activity
shall conform to the requirements of the Stanislaus County Code.
3. No
signs placed on the premises of a commercial cannabis activity shall
obstruct any entrance or exit to the building or any window.
4. Each
entrance to a commercial cannabis activity premises shall be visibly
posted with a clear and legible notice indicating that smoking, ingesting,
or otherwise consuming cannabis in the parking areas, on the premises
or in the areas adjacent to the premises is prohibited.
5. No
commercial cannabis activity shall advertise by having a person or
device holding a sign and advertising the activity to passersby, whether
such person is on the premises of the commercial cannabis activity
or elsewhere including, but not limited to, the public right-of-way.
7. Permittees
shall agree that, as an express and ongoing condition of permit issuance
and subsequent renewal, the permittee is prohibited from advertising
any commercial cannabis activity located in Stanislaus County utilizing
a billboard (fixed or mobile), bus shelter, placard, aircraft, or
other similar forms of advertising, anywhere in the unincorporated
area of Stanislaus County. This paragraph is not intended to place
limitations on the ability of a commercial cannabis activity to advertise
in other legally authorized forms, including on the internet, in magazines,
or in other similar ways.
8. The
entrance to the commercial cannabis activity shall be clearly and
legibly posted with a notice that no person under the age of twenty-one
years of age is permitted to enter upon the premises of the commercial
cannabis activity, unless otherwise permitted by law.
F. Commercial
Cannabis Collectives or Cooperatives.
1. Until
Health and Safety Code Section 11362.775 is repealed, the county intends
that persons eligible to operate collectives or cooperatives under
that subdivision shall be eligible to apply for a county CCA permit
to conduct commercial cannabis activities, but only to the degree
those activities are authorized under state law for collectives and
cooperatives. When the
Health and Safety Code Section 11362.775 is
repealed, or as soon as collectives and cooperatives are no longer
permitted to engage in commercial cannabis activity without a state
license under state law, any CCA permit issued to a commercial cannabis
activity that has not obtained a state license for the commercial
cannabis activities shall expire and shall be null and void. Such
businesses shall no longer be authorized to engage in any commercial
cannabis activities in the county until they obtain both a county
issued commercial cannabis activity permit and a state license for
that commercial cannabis activity.
2. If
a commercial cannabis activity permittee is operating as a collective
or cooperative under
Health and Safety Code Section 11362.775, subdivision
(a), the permittee shall obtain from the members of the permittee
authorized to possess cannabis an agreement that members shall not
distribute cannabis or cannabis products to non-members or in violation
of the "Memorandum for all United States Attorneys," issued by the
United States Department of Justice, from James M. Cole, Deputy Attorney
General and any other applicable state and federal laws, regulations,
or guidelines. The permittee shall terminate the membership of any
member violating any of the provisions of the agreement.
G. Records
and Recordkeeping.
1. Each
permittee of a commercial cannabis activity shall maintain accurate
books and records in an electronic format, detailing all of the revenues
and expenses of the business, and all of its assets and liabilities.
On no less than an annual basis (at or before the time of the renewal
of a commercial cannabis activity permit issued pursuant to this chapter),
or at any time upon reasonable request of the county, each permittee
shall file a sworn statement detailing the number of sales under each
permit during the previous twelve-month period (or shorter period
based upon the timing of the request), provided on a per-month basis.
The statement shall also include gross receipts for each month, and
all applicable taxes paid or due to be paid. On an annual basis, each
permittee shall submit to the county a financial audit of the business's
operations conducted by an independent certified public accountant.
Each permittee shall be subject to a regulatory compliance review
and financial audit as determined by the county.
2. The
permittee shall maintain clear and adequate records and documentation
demonstrating that all cannabis or cannabis products have been obtained
from and are provided to other locally and state permitted and licensed
cannabis operations. The county shall have the right to examine, monitor,
and audit such records and documentation, which shall be made available
during normal business hours to the county no later than five days
after the date of the request.
3. Each
permittee 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 activity,
and separately of all the officers, managers, employees, agents and
volunteers currently employed or otherwise engaged by the permittee.
The register required by this paragraph shall be provided to the county
within five business days of request.
4. Each
commercial cannabis activity shall maintain records of all persons,
patients, collectives and primary caregivers served by the commercial
cannabis activity, for a period of no less than four years prior to
the date of obtaining a state license. Once a state license is obtained,
the commercial cannabis activity must maintain such records only to
the extent permitted or required by the MAUCRSA.
5. All
commercial cannabis activities shall maintain an inventory control
and reporting system that accurately documents the present location,
amounts, and descriptions of all cannabis and cannabis products for
all stages of the growing and production or manufacturing, laboratory
testing and distribution processes until purchase as set forth in
MAUCRSA.
6. Subject
to any restrictions under the Health Insurance Portability and Accountability
Act (HIPPA) regulations, each commercial cannabis activity shall allow
Stanislaus County officials to have access to the business's books,
records, accounts, together with any other data or documents relevant
to its permitted commercial cannabis activities, 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
twenty-four hours after receipt of the county's request, unless otherwise
stipulated by the county. The county may require the materials to
be submitted in an electronic format that is compatible with the county's
software and hardware.
7. Reporting
and Tracking of Product and of Gross Sales. Each commercial cannabis
activity shall have in place a point-of-sale or management inventory
tracking system to track and report on all aspects of the commercial
cannabis activity including, but not limited to, such matters as cannabis
tracking, inventory data, gross sales (by weight and by sale) and
other information which may be deemed necessary by the county. The
commercial cannabis activity shall ensure that such information is
compatible with the county's record-keeping systems and the county's
Track and Trace System as established by the county's Agricultural
Commissioner. In addition, the permittee's system must have the capability
to produce historical transactional data for review. Furthermore,
any system selected must be approved and authorized by the Agricultural
Commissioner's office prior to being used by the permittee.
8. The
applicant, owner, and operator agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this chapter from any enforcement officer of the county
or designee.
H. Restriction
on Customer Consumption. Cannabis shall not be consumed by any retail
customer on the premises of any commercial cannabis activity or parking
areas.
I. No outdoor
storage of cannabis or cannabis products is permitted at any time.
J. The
applicant for the commercial cannabis activity and the property owner
shall indemnify, defend, and hold the county harmless from any and
all claims and proceedings relating to the approval of the permit
or relating to any damage to property or persons stemming from the
commercial cannabis activity.
K. The property owner and permittee shall be responsible for ensuring that all commercial cannabis activities at the site operate and are maintained in good standing with permits and licenses required by the Stanislaus County Code and state law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be grounds for the suspension or revocation of a land use or regulatory permit pursuant to this chapter, Chapter
21.104 of the Stanislaus County Code, and subject to any board approved development agreement.
L. Commercial
Cannabis activities and related activities shall be maintained in
accordance with the operating plans approved by the county.
M. All
permittees shall ensure that cannabis is obtained from local and state
permitted and licensed sources and shall implement best practices
to ensure that all cannabis products are properly stored, labeled,
transported, and inspected prior to distribution.
N. All commercial cannabis activities shall operate in compliance with the county's Noise Control Ordinance. Commercial cannabis cultivation operations shall not be exempt under Section
10.46.080 of the county's Noise Control Ordinance.
O. Track
and Trace. All permittees shall comply with the state of California
and Stanislaus County Agricultural Commissioner's requirements for
unique identifiers and Track and Trace programs and shall pay all
associated fees. The permittees shall obtain and use the unique identifiers
from the state and county identified source, maintain them in a readable
form and comply with all data entry requirements and pay all required
fees. Non-compliance with any track and trace requirements shall be
grounds for revocation, suspension or nonrenewal of the permittee's
CCA permit.
(Ord. CS 1206 §2, 2017; Ord. CS 1258 §§8—11, 2019)
A. Any
person who is an employee or who otherwise works or volunteers within
a commercial cannabis activity must be legally authorized to do so
under applicable state law.
B. Any
person who is an employee or who otherwise works or volunteers within
a commercial cannabis activity shall maintain the following information
on each of its employees, for a period of no less than five years:
1. Name,
address, and phone number of the applicant/employee.
2. Age
and Verification of Applicant/Employee. The permittee shall examine
the employee's birth certificate, driver's license, government issued
identification card, passport or other appropriate documents to verify
that the applicant/employee is at least twenty-one years of age.
3. Name,
address of the commercial cannabis activity where the applicant/employee
will be employed, and the name of the primary manager of that business.
4. A
list of any crimes enumerated in California Business and Professions
Code Section 26507(b)(4) for which the applicant/employee has been
convicted.
5. Name,
address, and contact person for any previous employers from which
the applicant/employee was fired, resigned, or asked to leave and
the reasons for such dismissal or firing.
6. The
application for employment shall be accompanied by fingerprints and
a recent photograph.
7. A
signed statement under penalty of perjury that the information provided
is true and correct.
8. If
applicable, verification that the applicant/employee is a qualified
patient or primary caregiver.
C. The
permittee shall annually certify to the county that it has conducted
a background check on all employees to determine whether the applicant
was convicted of a crime or left a previous employer for reasons that
show the applicant:
2. Has
committed a felony or misdemeanor involving fraud, deceit, embezzlement;
or
3. Was
convicted of a violent felony as defined in
Penal Code Section 667.5,
a crime of moral turpitude that involves either dishonesty (including
fraud), or baseness, vileness or depravity in the private and social
duties which a man owes to his fellow men, or to society in general,
contrary to the accepted and customary rule of right and duty between
man and man; or
4. The
illegal use, possession, transportation, distribution or similar activities
related to controlled substances, as defined in the Federal Controlled
Substances Act, except for cannabis related offenses for which the
conviction occurred after the passage of the Compassionate Use Act
of 1996.
(Ord. CS 1206 §2, 2017)
A change in the location of the commercial cannabis activity
specified in the permit is prohibited and voids the CCA permit.
(Ord. CS 1206 §2, 2017)
A. An application
for renewal of a commercial cannabis activity permit shall be filed
at least sixty calendar days prior to the expiration date of the current
permit.
B. The
permittee's application for renewal shall be on the form provided
by the chief executive office.
C. The
permittee shall pay a fee in an amount to be set by the county board
of supervisors to cover the costs of processing the renewal permit
application, together with any costs incurred by the county to administer
the program created under this chapter.
(Ord. CS 1206 §2, 2017)
A. The
cannabis activity permit is not transferrable and permittee shall
not transfer ownership or control of the permit to another person
or entity. Only the original permittee is authorized to operate the
commercial cannabis activity under the permit.
B. Changes
in ownership of a permittee's business structure or a substantial
change in the ownership of a permittee business entity (changes that
result in a change of more than fifty-one percent of the original
ownership) void the permit. A proposed new owner shall submit to a
background investigation performed by the county prior to taking ownership
of a permitted CCA.
C. Within
fifteen calendar days of any change in a permittee's business structure
or a substantial change in the ownership of a permittee business entity
or any change in status of compliance with the provisions of this
chapter, the applicant shall inform the county CEO of the change.
D. A permittee
may change the form of business entity with the written consent of
the county, under the following circumstances:
1. The
membership of the new business entity is substantially similar to
original permit holder business entity (at least fifty-one percent
of the membership is identical); or
2. If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA and to comply with Section
6.78.060, provided that the board of directors (or in the case of an unincorporated association, the individual(s) listed on the county permit application) of the original permittee entity are the same as the new business entity.
The permittee shall notify the county in writing of the change
within ten business days of the change. Failure to comply with this
provision is grounds for permit revocation.
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E. Any
attempt to transfer a commercial cannabis activity permit either directly
or indirectly in violation of this section is hereby prohibited, and
such a purported transfer shall automatically revoke the permit.
(Ord. CS 1206 §2, 2017)
A. Commercial
cannabis activity permits may be revoked by the county's chief executive
officer for any violation of any law and/or any rule, regulation,
condition of approval, and/or standard, including those adopted pursuant
to this chapter.
B. Any
of the following shall be grounds for suspension or revocation of
the commercial cannabis activity permit, based on substantial evidence:
1. Failure
to comply with one or more of the conditions of the commercial cannabis
activity permit or any county permits or land use conditions of approval,
or any permit conditions placed on State permits or licenses;
2. The
commercial cannabis activity permit was granted on the basis of false
material information, written or oral, given willfully or negligently
by the applicant;
3. Any
act or omission by a property owner or permittee that results in the
violation of the provisions of this chapter;
4. Any
act or omission by a property owner or permittee that results in the
denial, revocation or suspension of the owner's or permittee's state
license;
5. Any
act or omission that results in the revocation of a property owner
or permittee's commercial cannabis land use permit or development
agreement under Title 21 and Title 22 of the Stanislaus County Code;
6. Any
act or omission by a property owner or permittee that violates state
law or the Stanislaus County Code;
7. A
property owner's or permittee's failure to take appropriate action
to evict or otherwise remove any commercial cannabis activity person
or owner who do not maintain the necessary permits or licenses in
good standing with the county or state;
8. The
property owner or permittee allows any commercial cannabis activity
to operate in a manner that constitutes a nuisance, where the property
owner or permittee has failed to abate the nuisance after notice;
or
9. Suspension
of a license or permit issued by the state of California, or by any
of its departments or divisions, shall immediately suspend the ability
of a commercial cannabis activity to operate within the county, until
the state of California, or its respective department or division,
reinstates or reissues the state license. Should the state of California,
or any of its departments or divisions, revoke or terminate the commercial
cannabis activity permit, such revocation or termination shall also
revoke or terminate the ability of a commercial cannabis activity
to operate within Stanislaus County.
C. An application
for renewal of a commercial cannabis activity permit shall be rejected
or denied if any of the following exists:
1. The
application is filed less than sixty days before its expiration.
2. The
commercial cannabis activity permit is suspended or revoked at the
time of the application.
3. The
commercial cannabis activity has not been in regular and continuous
operation in the four months prior to the renewal application.
4. The
commercial cannabis activity has failed to conform to the requirements
of this chapter, or of any regulations adopted pursuant to this chapter.
5. The
permittee fails or is unable to renew its state of California license.
6. If
the county or state has determined, based on substantial evidence,
that the permittee or applicant is in violation of the requirements
of this chapter, of the county code, or of the state rules and regulations,
and the county or state has determined that the violation is grounds
for termination or revocation of the commercial cannabis activity
permit.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §1, 2019)
A. If the
chief executive officer determines that grounds for suspension or
revocation or nonrenewal of the permit exist pursuant to this chapter,
the county chief executive officer shall issue a written notice of
intention to revoke or suspend or non-renew the CCA permit, as the
case may be. The notice of intention shall be served on the property
owner, as reported on the latest equalized assessment roll, and shall
also be served on permittee at the address reported on the commercial
cannabis activity permits issued pursuant to this chapter. The notice
of intention shall be served by either personal delivery or by certified
U.S. mail, postage prepaid, return receipt requested. The notice of
intention shall describe the property, the intention to revoke or
suspend the CCA permit, the grounds for revocation or suspension,
the action necessary to abate the violation, the time limit for compliance,
and the right to request a hearing before a hearing officer to present
evidence as to why the CCA permit should not be suspended or revoked
and shall notify them of the ten-day deadline to submit a written
request for a hearing.
B. The
property owner and permittees shall have ten business days from the
service of the notice of intention to submit a written request for
a hearing before the hearing officer to the chief executive officer,
or designee, who shall immediately forward the request to the hearing
officer for a hearing. Failure to submit the written request for a
hearing shall be deemed a waiver of the right to challenge the suspension
or revocation of the CCA permit and a failure to exhaust administrative
remedies. If the hearing is not timely requested, the county may suspend
or revoke the CCA permit in accordance with the notice of intention.
C. In the
event an action is initiated to obtain enforcement of the decision
of the hearing officer, and judgment is entered to enforce the decision,
the property owner and permittee shall be jointly and severally liable
to pay the county's total costs of enforcement, including reasonable
attorney fees.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §2, 2019)
A. Establishment. The board of supervisors hereby establishes the office of the Stanislaus County commercial cannabis hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title
3 of the California
Government Code, to which office the board of supervisors shall by resolution appoint one or more administrative hearing officer(s). Each hearing officer shall be an attorney at law in good standing who has been admitted to practice before the courts of the state of California for at least five years.
B. Appointment,
Term, and Compensation of Administrative Hearing Officer(s). Hearing
officer(s) shall be independent contractors appointed for a period
of not less than one year. The board of supervisors shall approve
by resolution policies and procedures relating to the contracting
with and compensation of administrative hearing officer(s). The compensation
and/or future appointments of an administrative hearing officer shall
not be directly or indirectly conditioned upon substance of his or
her rulings, including, but not limited to, the amount of administrative
fines levied.
C. Powers
of the Administrative Hearing Officer(s). Hearing officer(s) shall
have all powers enumerated in
Government Code Sections 27721 and 27722
as well as the power to in his or her discretion continue a hearing
for no more than ten days upon a showing of good cause by a party
of interest, the power to prepare a record of the proceedings, and
the power to uphold fines and abatement orders and order that the
cost of the abatement be specially assessed against the parcel.
(Ord. CS 1260 §3, 2019)
A. Hearings.
1. Permit
Suspension or Revocation or Nonrenewal. Pursuant to
Government Code
Sections 25845(i) and 27721(A), the hearing officer shall hold a hearing
to determine whether grounds for suspension, revocation or nonrenewal
of the commercial cannabis activity permit exists. Upon receipt of
a timely written request for a hearing, the hearing officer shall
set a date for a hearing to be held within thirty days of receipt
of the request. Notice of the hearing, including the time, date, and
location of the hearing, shall be served on the property owner and
permittees. Within thirty calendar days after the close of the hearing,
the hearing officer shall issue a written decision, including a statement
of the basis for the decision. The hearing officer's written decision
shall constitute the final administrative decision of the county.
2. Nuisance
or Unlawful Commercial Cannabis Activities. Pursuant to Government
Code Sections 25845(i) and 27721(A), the hearing officer shall hold
an administrative hearing to determine whether the conditions described
in the notice of violation, administrative citation and order to abate,
and notice of hearing constitute a nuisance under county code or other
relevant law, or whether there is any other good cause why the conditions
should not be abated. The hearing shall be held no less than fourteen
calendar days after service of the notice of violation, administrative
citation and order to abate, and notice of hearing. Upon written request
by an owner or occupant received by the chief executive officer no
less than five days before the scheduled hearing date, the hearing
may be continued one time upon a showing of good cause and at the
discretion of the hearing officer, for no longer than ten days. Within
seven calendar days after the close of the hearing, the hearing officer
shall issue a written decision, including a statement of the basis
for the decision. The hearing officer's written decision shall constitute
the final administrative decision of the county.
3. General
Rules. Administrative hearings are intended to be informal in nature.
Formal rules of evidence and discovery do not apply. Witnesses shall
be sworn. The hearing officer may question witnesses at any time and
recall them as necessary for further testimony. All participants,
including parties, counsel, and witnesses, will be expected to maintain
a civil demeanor and to present only relevant evidence. The hearing
officer is not required to accept into the record any evidence that
is irrelevant to the matter before it.
B. Pre-Hearing
Procedures.
1. The
chief executive officer, or designee, shall post the county's staff
report, including relevant evidence to be considered by the hearing
officer, on the county's website at least five days before the scheduled
hearing date.
2. All
parties to the hearing shall have the opportunity to testify, introduce
exhibits, call and examine witnesses, and cross examine opposing witnesses
on any matter relevant to the issues.
3. In
the event that the owner or occupant does not appear and present evidence
at the hearing, the hearing officer may base his or her decision solely
upon the evidence submitted by the chief executive officer, or designee.
Failure of the owner or occupant to appear and present evidence at
the hearing shall constitute a failure to exhaust administrative remedies.
4. The
hearing officer shall consider the matter de novo, and may affirm,
reverse, or modify the determinations made by the chief executive
officer, or designee.
C. Post-Hearing
Procedures. The hearing officer shall issue a written decision, which
shall include findings of fact on material issues and the grounds
in the record for those findings; any related conclusions of law or
policy; any aggravating or mitigating circumstances that are pertinent
to the decision; any costs, fines, and penalties and the reasons therefor;
and, if requested by the chief executive officer, or designee, an
order authorizing the county to abate the nuisance and for the cost
of the abatement to be specially assessed against the parcel. Such
decision shall be mailed to, or personally served upon, the party
requesting the hearing, any other parties upon whom the administrative
citation and order was served, and the chief executive officer, or
designee. If an owner or occupant was represented by counsel at the
hearing, then a copy of the decision shall instead be mailed to or
personally served upon his or her counsel in lieu of being delivered
or mailed to the owner or occupant. The decision shall constitute
the county's final administrative decision when signed by the hearing
officer and served as herein provided.
D. Appeals
of Administrative Hearing Decisions and Orders. All final administrative
decisions or orders may be appealed pursuant to
Government Code Section
53069.4 or
Code of Civil Procedure Section 1094.5.
(Ord. CS 1260 §4, 2019)
It is unlawful for any person to violate any provision, or fail
to comply with any of the requirements, of this chapter. The county,
and/or district attorney, shall have the discretion to enforce the
provisions of this chapter by administrative penalties, civil remedies
or by criminal proceedings. Any person violating any of the provisions
or failing to comply with any of the mandatory requirements of this
chapter shall be guilty of a misdemeanor. The remedies provided by
this chapter are cumulative and in addition to any other remedies
available at law or in equity.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §5, 2019)
A. To the
fullest extent permitted by law, Stanislaus County shall not assume
any liability whatsoever with respect to having issued a commercial
cannabis activity permit pursuant to this chapter or otherwise approving
the operation of any commercial cannabis activity. As a condition
to the approval of any commercial cannabis activity permit, the applicant
shall be required to meet all of the following conditions prior to
issuance of the commercial cannabis activity permit:
1. Permittee
must execute an agreement, in a form approved by county counsel, agreeing
to fully and completely indemnify, defend (at applicant's sole cost
and expense), and hold Stanislaus County, and its officers, officials,
employees, representatives, and agents, harmless, from any and all
claims, losses, damages, injuries, liabilities or losses which arise
out of, or which are in any way related to, the county's issuance
of the commercial cannabis activity permit, the county's decision
to approve the operation of the commercial cannabis activity or activity,
to process used by the county in making its decision, or the alleged
violation of any federal, state or local laws by the commercial cannabis
activity or any of its officers, employees or agents. Permittee's
indemnification obligation to the county includes fully reimbursing
county for its attorney fees and costs in any case between permittee
and county over permittee's commercial cannabis activity.
2. Maintain
insurance at coverage limits, and with conditions thereon determined
necessary and appropriate from time to time by risk management.
3. Reimburse
Stanislaus County for all its costs and expenses, including, but not
limited to, legal fees and costs and court costs, which Stanislaus
County may be required to pay as a result of any legal challenge related
to the county's approval of the applicant's commercial cannabis activity
permit, or related to the county's approval of a commercial cannabis
activity including any case between applicant and county that relates
in any way to the applicant's commercial cannabis activity. The county
of Stanislaus may, at its sole discretion, participate at its own
expense in the defense of any such action with the legal counsel of
county's own choice, but such participation shall not relieve any
of the obligations imposed hereunder.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §6, 2019)
A. In addition
to any regulations adopted by the county board of supervisors, the
chief executive officer, or designee, (collectively, "CEO") is authorized
to establish any additional rules, regulations and standards governing
the issuance, denial or renewal of commercial cannabis activity permits,
the ongoing operation of commercial cannabis activity and the county's
oversight, if the CEO determines the rule, regulation or standard
to be necessary to carry out the purposes of this chapter.
B. Regulations
issued by the CEO shall be published on the county's website.
C. Regulations
promulgated by the CEO shall become effective upon date of publication.
Any and all commercial cannabis activity 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 CEO.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §7, 2019)
A. The
permittee of a commercial cannabis activity shall provide the name,
telephone number, and email address of a community relations contact
to whom notice of problems associated with the commercial cannabis
activity can be provided. Each commercial cannabis activity shall
also provide the above information to all businesses and residences
located within one hundred feet of the commercial cannabis activity
and make the information available online to the general public.
B. The
permittee of a commercial cannabis activity shall designate a CCA
owner who shall attend meetings with the county, and other interested
parties, as requested by the county, to discuss costs, benefits, and
other community issues arising as a result of implementation of this
chapter.
C. Permittees
of commercial cannabis activities to which a permit is issued pursuant
to this chapter shall develop or contribute to a county approved public
outreach and educational program for youth organizations and educational
institutions that outlines the risks of youth addiction to cannabis,
and that identifies resources available to youth related to drugs
and drug addiction.
(Ord. CS 1206 §2, 2017)
The amount of any fee, cost or charge imposed pursuant to this
chapter shall be deemed a debt to Stanislaus County that is recoverable
via an authorized administrative process as set forth in the county
code, or in any court of competent jurisdiction.
(Ord. CS 1206 §2, 2017)
The permittee shall be presumed to be responsible for all violations
of the laws of the state of California or of the regulations and/or
the ordinances of Stanislaus County, whether committed by the permittee
or any employee or agent of the permittee, which violations occur
in or about the premises of the commercial cannabis activity whether
or not said violations occur within the permit holder's presence,
unless the permittee has taken steps to prevent the offending conduct.
(Ord. CS 1206 §2, 2017)
A. As a
condition of issuance of the CCA permit, property owner and permittee
each authorize and consent to representatives of the county entering
the location of the commercial cannabis activity at any time, without
notice, to inspect the location of any commercial cannabis activity
as well as any recordings and records required to be maintained pursuant
to this chapter or under applicable provisions of state law. The authorization
and consent to inspection by the county includes, but is not limited
to, interior areas of any structure on the property subject to the
CCA permit.
B. Any
person having responsibility over the operation of a commercial cannabis
activity, shall not impede, obstruct, interfere with, or otherwise
not allow, the county to conduct and record an inspection, review
or copy records, recordings or other documents required to be maintained
by a commercial cannabis activity 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 activity under
this chapter or under state or local law.
C. As a
condition of issuance of the CCA permit, property owner and permittee
authorize and consent to representatives of the county entering the
location of a commercial cannabis activity at any time during the
hours of operation and without notice to obtain samples of the cannabis
to test for public safety purposes. Any samples obtained by Stanislaus
County shall be logged, recorded, and maintained in accordance with
established procedures by these regulations.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §8, 2019)
A. Each
and every violation of the provisions of this chapter is hereby deemed
unlawful, a public nuisance, and an immediate threat to public health,
safety and welfare. Pursuant to
Government Code Section 53069.4, subdivision
(a)(1)(B), the immediate imposition of fines or penalties pursuant
to this chapter are to protect the public health, safety and welfare
against unlawful commercial cannabis activity and other violations
herein because they pertain to zoning, health or safety provisions
of the county code.
B. Commercial cannabis activities shall be considered unlawful and a nuisance in accordance with Chapter
2.92 of the county code, for the purposes of authorizing the disconnection of public utilities from hazardous structures, as described in Chapter
16.45 of the county code.
C. Unlawful
or Nuisance Commercial Cannabis Activities—Fines. Because each
unlawful or nuisance commercial cannabis activity is a violation of
the county code and a public nuisance with unique impacts with a need
for urgent abatement, and in order to enforce the county code to protect
the public health, safety and welfare, the purpose and intent of this
chapter is to impose the immediate imposition of daily fines for each
and every unlawful or nuisance commercial cannabis activity. Pursuant
to
Government Code Section 53069.4 and other applicable constitutional
and statutory authority, the violation of this ordinance shall be
an infraction and the following daily fines are imposed upon each
and every unlawful or nuisance commercial cannabis activity:
1. A
fine not exceeding one hundred dollars for a first violation.
2. A
fine not exceeding two hundred dollars for a second violation within
one year of the first violation.
3. A
fine not exceeding five hundred dollars for each additional violation
within one year of the first violation.
The immediate imposition of daily fines for unlawful or nuisance
commercial cannabis activities are necessary because such activity
poses unique and immediate risks to public health, safety and welfare.
Unlawful or nuisance commercial cannabis activities is also potentially
lucrative enough to incentivize unlawful activity as long as possible.
The intent of the board of supervisors is to therefore prevent and
stop such conduct by adopting daily fines for unlawful or nuisance
commercial cannabis activities.
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D. Unlawful
or Nuisance Cannabis Cultivation—Fines. Because each unlawful
cannabis cultivation is a violation of the county code and a public
nuisance with unique impacts with a need for urgent abatement, and
in order to enforce the county code to protect the public health,
safety and welfare, the purpose and intent of this chapter is to impose
the immediate imposition of daily fines for each and every unlawful
cannabis cultivation. Each and every cannabis plant in excess of six
live plants is a separate and distinct violation. Each day is a separate
and distinct violation. Pursuant to
Government Code Section 53069.4
and other applicable constitutional and statutory authority, unlawful
cannabis cultivation shall be considered a misdemeanor and the following
daily fines are imposed upon each and every cannabis plant in excess
of six live plants:
1. A
fine not exceeding one thousand dollars per plant.
E. A violation
of building, plumbing, electrical, or other similar structural, health
and safety, or zoning requirements that exists as a result of, or
to facilitate, the illegal cultivation of cannabis may be subject
to an immediate imposition of an administrative penalty which shall
be the maximum allowed pursuant to
Government Code Section 25132 per
violation, per day, except as otherwise provided for below.
1. Penalty
imposition may be delayed and a property owner shall be permitted
fifteen days to correct violations of this chapter if all of the following
conditions are met:
a. The property where the cultivation is occurring is being rented or
leased and a tenant is in possession.
b. The property owner or agent can provide evidence that the rental
or lease agreement prohibits the cultivation of cannabis.
c. The property owner or agent did not know the tenant was illegally
cultivating cannabis and no complaint, property inspection, or other
information provided the property owner or agent with actual notice
of the illegal cannabis cultivation.
d. The immediate imposition of daily fines per live plant at a cultivation
site for unlawful cannabis cultivation is necessary because such activity
poses unique and immediate risks to public health and safety and to
the natural environment. Unlawful cannabis cultivation is also potentially
lucrative enough to incentivize unlawful activity at cannabis cultivation
sites for as long as possible pending harvest. Illegal cannabis cultivation
presents a real and imminent threat to the public health, safety,
and welfare. The unregulated cultivation of a large number of cannabis
plants on any property substantially increases the risk of violent
criminal activity. Crimes such as home invasion robbery, burglary,
assault, and homicide occur substantially more frequently on and around
properties where cannabis is illegally grown. Cannabis cultivation
also creates increased nuisance impacts to neighboring properties
because the hazardous wastes and solvents used in illegal cultivation,
and strong, malodorous, and potentially noxious odors which come from
the plants compromise the health and safety of nearby residents. The
intent of the board of supervisors is to therefore prevent and stop
such conduct by adopting higher daily fines per each live plant at
a cultivation site that constitutes unlawful cannabis cultivation.
F. Any
cannabis cultivation in violation of this chapter is also subject
to the California Uniform Controlled Substances Act (Division 10 of
the California
Health and Safety Code), including the provisions in
Chapter 8, (commencing with Section 11469) relating to the seizure,
forfeiture, and destruction of property.
G. Payment
of Fine and Penalty.
1. Any
fine and any penalty imposed pursuant to the provisions in this chapter
shall be paid to the county within thirty days from the date of issuance
of the administrative citation. Any person who fails to pay to the
county any fine or penalty imposed pursuant to the provisions of this
chapter on or before the date that the fine is due also shall be liable
for the payment of any applicable late payment charge as may be adopted
by the board of supervisors by resolution.
2. Any
administrative citation fine paid shall be refunded if it is determined
by the administrative hearing officer that the person charged in the
administrative citation was not responsible for the violation or that
there was no violation.
3. The
county may collect any past due administrative citation fine, late
payment charge(s), and its collections costs by use of all available
legal means. The failure of any person to pay a fine assessed by an
administrative citation or a late payment charge or collections costs
related to an administrative citation, by the due date shall constitute
a debt to the county. The county may seek payment of the debt by use
of all available legal means, including, but not limited to, the following:
a. The county may refer the debt to the auditor and controller for collection.
b. The county may file a civil action to recover the debt.
c. The county may impose a code enforcement lien upon the real property
upon which the violation is located. The lien shall continue until
all fines, late payment charges and other costs owed are fully paid.
Any lien imposed pursuant to this chapter shall attach upon the recordation
of a notice of code enforcement lien in the office of the county recorder.
d. Recovery through the franchise tax board.
H. In the
event of any conflict between the penalties set forth in this chapter
and any penalties set forth in state law, the maximum penalties allowable
under state law shall govern.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §9, 2019)
A. In cases
involving unlawful or nuisance commercial cannabis activities, as
defined in this chapter, the chief executive officer, or designee,
may issue a notice of violation, administrative citation and order
to abate, and notice of hearing in accordance with this section. The
notice of violation, administrative citation and order to abate, and
notice of hearing shall:
1. Identify
the owner(s) of the property upon which the violation(s) exist, as
named in the records of the county assessor, and identify the occupant(s),
if other than the owner(s), and if known or reasonably identifiable;
2. Describe
the location of such property by its commonly-used street address,
giving the name or number of the street, road, or highway and the
number, if any, of the property;
3. Identify
the property by reference to the assessor's parcel number;
4. Contain
a statement that one or more violations of county code or other applicable
law exist relating to the unlawful cannabis cultivation commercial
cannabis activity on the property and describing the violation(s)
that exist and the actions required to abate;
5. Contain a statement for unlawful cannabis cultivation that there is an immediate imposition of fines in accordance with Section
6.78.260(D) and such fines shall be imposed on a daily basis per Live plant until such time as the violation(s) cease(s). For all other commercial cannabis activities, contain a statement that if not timely abated, fines per violation per day will begin to accrue in accordance with California
Government Code Section 25132, subdivisions (a) and (b) and Section
6.78.260(C);
6. Contain
a statement that the owner(s) or occupant(s) is required to abate
the stated violation(s) within three calendar days after the date
that said notice of violation, administrative citation, imposition
of fine(s), and order to abate, and notice of hearing was served as
provided in this section;
7. Notify
the recipient(s) that, unless the owner(s) or occupant(s) abates the
violation(s) and provides proof of abatement satisfactory to the chief
executive officer, or designee, a hearing will be scheduled and held
before a hearing officer appointed in accordance with this chapter
to determine whether there is any reason why the violation(s) should
not be abated. The notice of violation, administrative citation, imposition
of fine(s), and order to abate, and notice of hearing shall specify
the date, time, and location of this hearing, and state that the owner(s)
or occupant(s) will be given an opportunity at the hearing to present
and elicit testimony and/or other evidence regarding whether the conditions
existing on the property constitute a violation of the county code,
or whether there is any other good cause why those conditions should
not be abated;
8. Contain
a statement that, unless the owner(s) or occupant(s) abates the violation(s),
or shows good cause before the administrative hearing officer why
the conditions should not be abated, the chief executive officer,
or designee, will abate the nuisance. It shall also state that the
costs of abatement, including administrative costs, may be made a
special assessment added to the county assessment roll and become
a lien on the real property.
B. The
notice of violation, administrative citation and order to abate, imposition
of fine(s), and notice of hearing shall be: (1) personally served,
or served by overnight mail or overnight courier service on the property
owner(s) and occupant(s) (if different); and (2) posted in two conspicuous
locations on the subject property. The failure of any owner(s) or
occupant(s) to allow the posting of notice or to receive a notice
of violation, administrative citation and order to abate, and notice
of hearing served in accordance with this section shall not affect
the validity of the proceedings under this section.
C. The hearing procedure shall be conducted according to Section
6.78.185.
D. Appeals
of Administrative Hearing Decisions and Orders. All final administrative
decisions or orders may be appealed pursuant to
Government Code Section
53069.4 or
Code of Civil Procedure Section 1094.5 as applicable.
(Ord. CS 1258 §10, 2019)
Each and every violation of this chapter shall constitute a
separate violation and shall be subject to all remedies and enforcement
measures authorized by Stanislaus County Code. Additionally, as a
nuisance per se, any violation of this chapter shall be subject to
injunctive relief, any permit issued pursuant to this chapter being
deemed null and void, disgorgement and payment to the county by permittee
of any monies unlawfully obtained, payment by the permittee of the
county's costs of abatement, costs of investigation, attorney fees,
and any other relief or remedy available at law or in equity. Stanislaus
County may also pursue any and all remedies and actions available
and applicable under state and local laws for any violations committed
by the commercial cannabis activity or persons related to, or associated
with, the commercial cannabis activity. Additionally, when there is
determined to be an imminent threat to public health, safety or welfare,
the county may take immediate action to temporarily suspend a commercial
cannabis activity permit issued by the county or abate an unlawful
cannabis cultivation, pending a hearing. The determination of an immediate
threat to public health, safety or welfare may be made by any county
law enforcement officer or any county employee authorized by the county
to make an inspection of the commercial cannabis activity or unlawful
cannabis cultivation. Any delay by the county law enforcement officer
or county employee to take immediate action to temporarily suspend
any commercial cannabis activity or unlawful cannabis cultivation
shall not be deemed to constitute or imply that there was no immediate
threat to public health safety or welfare.
(Ord. CS 1206 §2, 2017; Ord. CS 1260 §11, 2019)
Each and every violation of the provisions of this chapter may
in the discretion of the district attorney be prosecuted as a misdemeanor
and upon conviction be subject to a fine not to exceed one thousand
dollars or imprisonment in the County Jail for a period of not more
than twelve months, or by both such fine and imprisonment. Each day
a violation is committed or permitted to continue shall constitute
a separate offense.
(Ord. CS 1206 §2, 2017)
The remedies provided herein are not to be construed as exclusive
remedies. The county, including the county's district attorney, is
authorized to pursue any proceedings or remedies provided by law.
(Ord. CS 1206 §2, 2017)
A. Any
amendments to this chapter with the potential to impact the placement
or land use compatibility of a commercial cannabis activity to the
surrounding persons or property shall be considered at a public hearing
before the planning commission. After the hearing by the planning
commission, the planning commission shall make its recommendation
in writing to the board of supervisors. The recommendation shall include
the planning commission's determination on whether or not the amendments:
1. Are
in conformity with and will promote public convenience, general welfare
and good land use practice; and
2. Will
be detrimental to health, safety and general welfare.
(Ord. CS 1206 §2, 2017)