It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of and provide access to cannabis for medicinal purposes and implement the desire of California voters who approved the Adult Use of Marijuana Act ("AUMA") by Proposition 64 in November 2016, while imposing sensible regulations on the use of land to protect the city's residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this chapter to regulate the commercial cannabis activity in a responsible manner to protect the health, safety, and welfare of the residents of Lathrop and to enforce rules and regulations consistent with state law. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or local law. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to operate cannabis business in the city, such as conditional use permit issued pursuant to Title 17 of this code, and are in addition to any permits, licenses, and approval required under state, county, or other law.
(Ord. 18-387 § 1; Ord. 21-428 § 1)
Pursuant to Sections 5 and 7 of Article XI of the California
Constitution, the provisions of MAU-CRSA, and any subsequent state
legislation and/or regulations regarding same, the city of Lathrop
is authorized to adopt ordinances that establish standards, requirements,
and regulations regarding health and safety, and worker protections
established by the state of California, or any of its departments
or divisions shall be the minimum standards applicable in the city
of Lathrop to all commercial cannabis activity.
(Ord. 21-428 § 1)
means a profession, trade, occupation, gainful activity,
and all and any kind of calling whether or not carried on for profit.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this division, "cannabis"
does not mean "industrial hemp" as defined by Section 11018.5 of the
California Health and Safety Code.
means any business engaged in commercial cannabis activity.
"Cannabis business" does not include any of the following:
A clinic pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
A residential care facility for persons with chronic life-threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code.
A residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the Health and Safety Code.
A residential hospice or a home health agency licensed pursuant
to Chapter 8 and Chapter 8.5 of Division 2 of the Health and Safety
Code.
The cultivation, delivery, or furnishing of cannabis by a qualified
patient, a primary caregiver, or other person with identification
card as defined by Section 11362.7 of Health and Safety Code provided
such activity complies strictly with all applicable state law, including,
but not limited to, Sections 11362.5 and 11362.765 of the Health and
Safety Code.
means any business that, pursuant to a Type 1, Type 1A, Type
1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type
4, Type 5, Type 5A, Type 5B, or Type 12 state business license, or
their successors, cultivates cannabis or cannabis products.
means the commercial transfer of cannabis or cannabis products
to a customer. "Cannabis delivery" also includes the use by a retailer
of any technology platform.
means any cannabis business that, pursuant to a Type 10 state
cannabis license, or its successors, delivers, makes available, or
distributes cannabis and cannabis products to a consumer.
means any cannabis business where medicinal or adult-use
cannabis or cannabis products are sold at retail, pursuant to a Type
10 state cannabis license, or its successors. A cannabis dispensary
may include a cannabis business that provides cannabis deliveries.
means any business that, pursuant to Type 11 or Type 13 state
cannabis license, or their successors, procures, sells, or transports
cannabis and cannabis products between cannabis businesses.
means any use or possession of cannabis that does not require
a license pursuant to Chapter 1 of Division 10 of the California Business
and Professions Code.
means any cannabis business that, pursuant to Type 6, Type
7, or Type 12 state cannabis license, or their successors, manufactures
cannabis or cannabis products.
means cannabis or a product containing cannabis, including,
but not limited to, manufactured cannabis, and shall have the same
meaning as in Section 11018.1 of the California Health and Safety
Code. For purposes of this chapter, "cannabis" does not include industrial
hemp as defined by Section 81000 of the California Food and Agricultural
Code or Section 11018.5 of the California Health and Safety Code.
means a cannabis business that tests cannabis or cannabis
products pursuant to a Type 8 state cannabis license, or its successors.
means the city of Lathrop, a California general law city.
means the city council of the city of Lathrop.
means any activity including cultivation, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation,
delivery, dispensaries, collectives, cooperatives and sale of cannabis
or cannabis products that requires a state license.
means any business or operation which engages in medicinal
or adult-use commercial cannabis activity.
means cannabis plants and plant materials that are discarded
by a cannabis business, including, but not limited to, extra vegetative
plants, failed clones, and harvest waste.
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
means any licensed child care facility other than a small
or large day care home, including infant centers and preschools.
means the Department of Cannabis Control within the Department
of Consumer Affairs, formerly named the Bureau of Cannabis Control,
the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation,
and the Bureau of Medical Marijuana Regulation.
means any natural person who is under the age of 18 years.
means a state license issued pursuant to Business and Professions
Code Section 26000.
means to compound, blend, extract, infuse or otherwise make
or prepare a cannabis product.
means cannabis or a cannabis product, respectively, intended
to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition
215), found at Section 11362.5 of the California Health and Safety
Code, by a medicinal cannabis patient in California who possesses
a physician's recommendation. For the purposes of this chapter, the
term "medicinal cannabis" is synonymous with medical cannabis.
means Senate Bill 94 contained in Division 10 of the California
Business and Professions Code.
means a commercial cannabis facility operating under a state
Type 12 license, or a state cannabis license type subsequently established,
and meeting the definition of microbusiness in Business and Professions
Code Section 26070(a)(3)(A), as may be amended from time to time,
which cultivates less than 10,000 square feet of cannabis and acts
as a licensed distributor, Level 1 manufacturer, and retailer.
means an individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit and includes the plural as well as the singular number.
has the same meaning as that term is defined by Section 11362.7
of the Health and Safety Code.
has the same meaning as that term is defined by Section 11362.7
of the Health and Safety Code.
means any public or private school providing instruction
in kindergarten or grades 1—12, inclusive, but does not include
any private school where education is primarily conducted in private
homes.
means the state of California.
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.
means volatile organic compounds, including, but not limited
to: (1) explosive gases, such as Butane, Propane, Xylene, Styrene,
Gasoline, Kerosene, O2 or H2; and (2) dangerous poisons, toxins, or
carcinogens, such as Methanol, Methylene, Chloride, Acetone, Benzene,
Toluene, and Tri-chloroethylene as determined by the fire marshal.
means any public or private facility that is primarily used
to host recreational or social activities for minors, including, but
not limited to, private youth membership organizations or clubs, social
teenage club facilities, video arcades, or similar amusement park
facilities.
(Ord. 18-387 § 1; Ord. 21-428 § 1)
B.
All
cannabis businesses shall maintain compliance with Title 17 of this
code.
C.
A valid
city and state license must be clearly posted in a conspicuous place
within the permitted premises.
(Ord. 21-428 § 1)
A.
The
city manager, or designee(s), may design application forms and procedures
specific to each permitted license type, including online permitting,
and require inspections of proposed facilities before issuing a permit
under this chapter. Such procedures may include a request for proposal
(RFP) process for certain license types where deemed necessary.
B.
Applications
shall be reviewed by city staff or qualified consultants, as designated
by the city manager for city council consideration. Such review may
include a scoring or merit based system.
C.
Applicants
providing false or misleading information in the selection process
will result in rejection of the application and/or nullification or
revocation of any issued permit.
D.
Applications
shall require, at a minimum, the following:
1.
All
necessary information related to the business its operators, including
names, birth dates, addresses, social security or tax identification
numbers, all relevant criminal history, relevant work history, names
of cannabis businesses owned or operated by the applicant within the
last ten (l0) years, investor and/or partner information, and APN
number of the parcel upon which the business will be located. Such
private information will be exempt from disclosure to the public,
pursuant to applicable law, to protect an individual's privacy interests
and public health and safety.
2.
Business
plan.
4.
Site
plan.
5.
Floor
plan.
6.
Hazardous
Materials Information. To the extent that the applicant intends to
use any hazardous materials in its operations, the applicant shall
provide a hazardous materials management plan that complies with all
federal, state, and local requirements for management of such substances.
"Hazardous materials" includes any hazardous substance regulated by
any federal, state, or local laws or regulations intended to protect
human health or the environment from exposure to such substances.
7.
Signed
Affidavit. The property owner and applicant, if other than the property
owner, shall sign the application and shall include affidavits agreeing
to abide by and conform to the conditions of the permit and all provisions
of the Lathrop Municipal Code pertaining to the establishment and
operation of the commercial cannabis use, including, but not limited
to, the provision of this chapter. The affidavit(s) shall acknowledge
that the approval of the permit shall, in no way, permit activity
contrary to the Lathrop Municipal Code, or any activity which is in
violation of any applicable laws.
(Ord. 21-428 § 1)
A.
Prior
to operating in the city, and as a condition of issuance of any applicable
permits, including, but not limited to, a business license, the applicant
seeking to operate a cannabis business shall enter into a development
agreement with the city setting forth the terms and conditions under
which the cannabis business will operate. Such development agreement
shall be in addition to the requirements of this chapter as mutually
agreed upon that will protect and promote the public health, safety,
and welfare of all persons in the city.
B.
Every
development agreement approved by the city pursuant to this chapter
shall be subject to an annual review by the city council to determine
compliance with the terms of the development agreement, applicable
local and state laws and regulations, this chapter, and the Lathrop
Municipal Code.
(Ord. 21-428 § 1)
A.
The
number of each type of cannabis business that shall be permitted to
operate in the city at any one given time shall be as follows:
1.
Cannabis
cultivation business (indoor only)—Not permitted.
2.
Cannabis
delivery business (stand alone)—Not permitted.
3.
Cannabis
dispensary—A maximum of one cannabis dispensary.
4.
Cannabis
distribution business—Not permitted.
5.
Cannabis
manufacturing business—Not permitted.
6.
Cannabis
microbusiness—Not permitted.
7.
Cannabis
testing laboratory—Not permitted.
B.
This
section is only intended to create a maximum number of cannabis businesses
that may operate in the city under each category.
(Ord. 21-428 § 1)
B.
No cannabis
business shall be located within six hundred feet (600′) of
a school, child day care center, or youth center, as measured from
the nearest property lines.
C.
No cannabis
business shall be located within one thousand feet (1,000′)
from the following roadways, as measured from the centerline of the
street:
(Ord. 21-428 § 1)
A.
Cannabis
dispensaries shall maintain all applicable state licenses and comply
with all of the following:
2.
Cannabis dispensaries shall only be allowed within fully enclosed buildings pursuant to Section 5.26.100(A). The maximum building size occupied by a cannabis dispensary shall not exceed 5,000 square feet.
3.
Any
commercial cannabis activity related to delivery shall maintain all
applicable state licenses and locally required permits and licenses.
4.
Tax
Compliance. A cannabis dispensary shall maintain any applicable tax
certificates and permits, and timely remit any taxes due to the appropriate
government entity.
5.
Insurance.
A cannabis dispensary shall maintain certificates of commercial general
liability insurance and endorsements and certificates of all other
insurance related to the operation of the cannabis business.
6.
Emergency
Contact. A cannabis dispensary shall provide the city manager with
the current name and primary and secondary telephone numbers of at
least one twenty-four (24) hour on-call manager to address and resolve
complaints and to respond to operating problems or concerns associated
with the dispensary. The dispensary shall make good faith efforts
to encourage neighborhood residents to call this person to solve operating
problems, if any, before any calls or complaints are made to the city.
7.
Required
Signage. The following signs, in measurements of not less than eight
by ten inches (8″x10″), shall be clearly and legibly
posted in a conspicuous location inside the dispensary where they
will be visible to customers in the normal course of a transaction,
stating:
a.
"The sale of cannabis without a state license and local permit is
illegal."
b.
"Smoking cannabis on this property, within twenty feet (20′)
of the dispensary, or in any public place is illegal under California
law."
c.
For medical cannabis dispensaries: "No one under the age of 18 shall
be allowed on the premises, unless they are a qualified patient or
a primary care giver."
d.
For nonmedical cannabis dispensaries: "No one under the age of 21
shall be allowed on the premises."
e.
For all cannabis dispensaries: "This business is under surveillance
accessible by Lathrop Police."
(Ord. 21-428 § 1)
The following standards and regulations apply to all commercial
cannabis uses:
A.
Building
Requirements. All structures used in commercial cannabis uses shall
be located in structures designated for that occupancy and shall comply
with all applicable sections of the Lathrop Municipal Code. Commercial
cannabis uses that provide access to the public including, but not
limited to, employees, vendors, contractors, business partners, members,
customers, or patients shall meet Lathrop Municipal Code and state
requirements for accessibility including accessible parking, accessible
path of travel, restrooms, and washing facilities.
B.
Emissions
Control. All commercial cannabis uses shall utilize appropriate measures
in construction and, where applicable, operations to prevent the emissions
of dust, smoke, noxious gases, or other substances that have the potential
to impact local or regional air quality.
C.
Hours
of Operation. The maximum hours of operation for a commercial cannabis
use shall be established by the conditional use permit and development
agreement issued by the city, provided that the hours shall not exceed
the maximum hours of operation allowed under state law.
D.
Odor
Control and Ventilation. Commercial cannabis uses shall comply with
all current and future state law and regulations related to odor control
and ventilation, in addition to any specific requirements for the
particular use established in this chapter. No commercial cannabis
use may operate in a manner whereby cannabis odors are detectable
from adjacent and nearby properties. All commercial cannabis uses
must install a ventilation system that adequately controls for odor,
humidity, and mold. Conditions of approval may include a schedule
related to changing filters.
E.
Lighting.
All lighting shall be fully shielded, downward casting and not spill
over onto structures, other properties or the night sky.
F.
Police
Notification. A cannabis dispensary shall notify the chief of police
or designee(s) within 24 hours after discovery of any of the following:
1.
Significant
discrepancies identified during inventory. The level of significance
shall be determined by the regulations promulgated by the city.
2.
Diversion,
theft, loss, or any criminal activity involving the commercial cannabis
business or any agent or employee of the cannabis business.
3.
The
loss or unauthorized alteration of records related to cannabis, customers
or employees or agents of the cannabis business.
4.
Any
other breach of security.
G.
Security
Plan. Security plan, including, but not limited to, the following
information:
1.
Security
Surveillance Cameras. Security surveillance cameras and a video recording
system shall be installed to monitor all doors into the buildings
on the business site, the parking lot, loading areas, and all exterior
sides of the property adjacent to the public rights-of-way. The cameras
and recording system shall be of adequate quality, color rendition,
and resolution to allow the identification of any individual present
on the business site. The recording system shall be capable of exporting
the recorded video in standard MPEG formats to another common medium,
such as a DVD or USB drive.
2.
Security
Video Retention. Video from the security surveillance cameras shall
be recorded at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 90 days. The video recording
shall be made available to the city upon request.
3.
Alarm
System. Professionally and centrally-monitored fire, robbery, and
burglar alarm systems shall be installed and maintained in good working
condition. The alarm system shall include a private security company
that is required to respond to every alarm.
H.
Waste
Management Plan. A cannabis dispensary shall submit and comply with
an approved commercial cannabis waste management plan describing how
commercial cannabis waste will be disposed.
I.
Weights
and Measures. All scales used for commercial transactions shall be
registered for commercial use and sealed by the Department of Agriculture/Weights
and Measures.
J.
Tracking.
Commercial cannabis operators shall comply with any track and trace
program established by state agencies. Commercial cannabis operators
must maintain records tracking all cannabis production and products
and shall make all records related to commercial cannabis activity
available to the city upon request. Commercial cannabis operators
shall comply with a county track and trace system if one is adopted
by the county.
K.
Restrictions
on Alcohol Sales and Consumption. No alcoholic beverages may be sold,
dispensed, or consumed on or about the premises of any commercial
cannabis business.
(Ord. 21-428 § 1)
Commercial cannabis uses shall not create a public nuisance
or adversely affect the health or safety of the nearby residents or
businesses by creating dust, light, glare, heat, noise, noxious gasses,
odor, smoke, traffic, vibration, unsafe conditions or other impacts,
or be hazardous due to the use or storage of materials, processes,
products, runoff or wastes.
(Ord. 21-428 § 1)
Commercial cannabis uses shall comply with additional taxes
that may be enacted by the voters or any additional regulations that
may be promulgated in addition to all current applicable state and
local taxes.
(Ord. 21-428 § 1)
A.
All
employees of commercial cannabis businesses must be at least 21 years
of age.
B.
All
employees of commercial cannabis business may be subject to background
search by the California Department of Justice and local law enforcement.
Permits for commercial cannabis uses may not be permitted for operators
with felony convictions, as specified in subdivision (c) of Section
667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of
the Penal Code. Permits for commercial cannabis uses may not be permitted
for operators with criminal convictions that substantially relate
to the qualifications, functions, or duties of the business or profession,
including a felony conviction involving fraud, deceit, or embezzlement
or a criminal conviction for the sale or provision of illegal controlled
substances to a minor.
C.
Each
owner or operator of a commercial cannabis business shall maintain
on site a current register of all the employees currently employed
by the commercial cannabis business, and shall produce such register
to the chief of police, designee, or any other city official authorized
to enforce the Lathrop Municipal Code for purposes of determining
compliance with this chapter.
D.
The
chief of police is authorized to implement an employee permit system,
whereby any employee or volunteer of a commercial cannabis business,
must obtain a work permit from the city of Lathrop.
1.
At
a minimum, such program shall require the issuance of a permit that
must be visibly displayed at all times by the employee or volunteer
when he or she is working and contains a recent photograph of the
individual and the name of the commercial cannabis business where
he or she works or volunteers.
2.
The
chief of police may establish a fee for the cost of issuing such a
permit.
(Ord. 21-428 § 1)
A.
Regulations
shall be published on the city's website.
B.
The
amount of any fee, cost or charge imposed pursuant to this chapter
shall be deemed a debt to the city of Lathrop that is recoverable
via an authorized administrative process as set forth in the Lathrop
Municipal Code, or in any court of competent jurisdiction.
(Ord. 21-428 § 1)
The person to whom a permit is issued pursuant to this chapter
shall be responsible for all violations of the laws of the state of
California or of the regulations and/or the ordinances of the city
of Lathrop, whether committed by the permittee or any employee, volunteer,
or agent of the permittee, which violations occur in or about the
premises of the cannabis business, and violations which occur during
deliveries to off-site locations, whether or not said violations occur
within the permit holder's presence.
(Ord. 21-428 § 1)
A.
The
city manager or designee(s), chief of police or designee(s), and fire
chief or designee(s) charged with enforcing the provisions of the
Lathrop Municipal Code, or any provision thereof, may enter the location
of a cannabis business during normal business hours, without notice,
and inspect the location of any cannabis business as well as any recordings
and records required to be maintained pursuant to this chapter or
under applicable provisions of state law.
B.
It is
unlawful for any person having responsibility over the operation of
a cannabis business, to impede, obstruct, interfere with, or otherwise
not to allow, the city to conduct an inspection, review or copy records,
recordings or other documents required to be maintained by a cannabis
business under this chapter or under state or local law. It is also
unlawful for a person to conceal, destroy, deface, damage, or falsify
any records, recordings or other documents required to be maintained
by a cannabis business under this chapter or under state or local
law.
(Ord. 21-428 § 1)
Each and every violation of the provisions of this chapter is
hereby deemed unlawful and a public nuisance.
(Ord. 21-428 § 1)
Each and every violation of this chapter shall constitute a
separate violation and shall be subject to all remedies and enforcement
measures authorized by this code. Additionally, as a nuisance per
se, any violation of this chapter shall be subject to injunctive relief,
and any permit issued pursuant to this chapter shall be deemed null
and void, entitling the city to disgorgement and payment to the city
of any monies unlawfully obtained, costs of abatement, costs of investigation,
attorney fees, and any other relief or remedy available at law or
in equity, including the imposition of a civil penalty not to exceed
$1,000 for each day, or part thereof, such violation or failure to
comply occurs. The city of Lathrop may also pursue any and all remedies
and actions available and applicable under state and local laws for
any violations committed by the cannabis business 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 police chief or designee(s), may take immediate
action to temporarily suspend a cannabis business permit issued by
the city, pending a hearing before the city council.
(Ord. 21-428 § 1)
Each and every violation of the provisions of this chapter may
be prosecuted as a misdemeanor at the discretion of the city attorney
and upon conviction be subject to a fine not to exceed $1,000 or imprisonment
in the County Jail for a period of not more than six months, or by
both such fine and imprisonment. Each day a violation is committed
or permitted to continue shall constitute a separate offense.
(Ord. 21-428 § 1)
The remedies provided herein are not to be construed as exclusive
remedies. The city is authorized to pursue any proceedings or remedies
provided by law.
(Ord. 21-428 § 1)
All notices required by this chapter are deemed issued and served
upon the date they are either deposited in the United States mail,
postage pre-paid, addressed to the applicant or cannabis business
at the mailing address identified in its application, the last updated
address on file with the city manager's office, or the mailing address
on the appeal form; or the date upon which personal service of the
notice is provided to the applicant or a manager identified on the
application or appeal form.
(Ord. 21-428 § 1)
