The purpose of this chapter is to: (1) protect the public health, safety and welfare through regulation of commercial cannabis activity as provided for in the California Medical and Adult-Use Cannabis Regulation and Safety Act; (2) create a regulatory permit to implement the commercial cannabis activity retailer provisions of the California Medical and Adult-Use Cannabis Regulation and Safety Act; (3) authorize commercial cannabis retailer storefronts to engage in the sale of cannabis and cannabis products to natural persons age 21 and over; (4) authorize commercial cannabis retailer storefronts to engage in retail sales of medical cannabis and medical cannabis products; (5) authorize existing medical marijuana dispensaries permitted under Section 17.66.120 to operate as retailer storefronts because those businesses have already undergone extensive review through the conditional use permit application process; (6) authorize retailer storefronts to make delivery retail sales in accordance with the California Medical and Adult-Use Cannabis Regulation and Safety Act; and (7) establish a procedure for retailer storefronts to relocate their business from their existing location to a new location provided the business complies with the zoning code before commencing operations at the new location; and (8) impose a two and one-half (2.5) percent tax on the retail sale of cannabis and cannabis products; (9) amend the conditional use permit standards for medical marijuana dispensaries to include commercial cannabis retailer storefronts.
(Ord. 443 § 1, 2018)
"A-license"
means a state license for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician's recommendations.
"Cannabis"
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, purified, or 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 chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
"Cannabis products"
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.
"Commercial cannabis activity"
means activities that include the cultivation, dispensing, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, including medical cannabis and medical cannabis products, as provided for in the Medical and Adult-Use Cannabis Regulation and Safety Act and its related or successor laws and regulations, Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses.
"Commercial cannabis business"
means any business or operation which engages in medicinal or adult-use commercial cannabis activity as provided for in the Medical and Adult-Use Cannabis Regulation and Safety Act and its related or successor laws and regulations.
"Customer"
means a natural person 21 years of age or over; or a natural person 18 years of age or older who possesses a physician's recommendation.
"Delivery"
means the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform.
"Dispensing"
means any activity involving the retail sale of cannabis or cannabis products from a retailer storefront.
"License" or "state license"
means a permit or license issued by the State of California, or one of its departments or divisions, under the Medical and Adult-Use Cannabis Regulation and Safety Act and any subsequent State of California legislation regarding the same, to engage in commercial cannabis activity.
"M-license"
means a state license for commercial cannabis activity involving medicinal cannabis or medical cannabis products.
"Medicinal cannabis" or "medicinal cannabis product"
means cannabis or cannabis product respectively, intended to be sold for medical use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
"Permittee"
means any person to whom a current and valid city-issued regulatory permit for retailer-storefront commercial cannabis activity has been issued.
"Person"
means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and the plural as well as the singular.
"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.
"Regulatory permit"
means the permit issued by the city pursuant to this chapter, to a commercial cannabis business or a medical marijuana dispensary, which is required before any commercial cannabis activity may be conducted in the city.
"Retailer storefront"
means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers at an on-site fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, in addition to on-site sales.
(Ord. 443 § 1, 2018)
With the exception of retailer storefront, including delivery, commercial cannabis activity authorized pursuant to this chapter and medical marijuana dispensaries permitted to operate pursuant to Section 17.66.120, commercial cannabis activity, including manufacture, distribution, processing, laboratory testing, packaging, and labeling, is prohibited in the city.
(Ord. 443 § 1, 2018)
A. 
Notwithstanding the prohibition in Section 5.55.030, retailer-storefront commercial cannabis activity, including delivery, is a conditionally permitted use in the city subject to the standards of Section 17.66.120 and this chapter. No person shall establish, operate, maintain, conduct, allow, or engage in retailer-storefront commercial cannabis activity anywhere within the city that is not in compliance with this chapter. A retailer storefront shall be located on a parcel that has been issued a conditional use permit subject to Section 17.66.120.
B. 
No person shall make deliveries of cannabis, cannabis products, medical cannabis, or medical cannabis products unless in compliance with this chapter. No person, including a commercial cannabis business with a state license based in another jurisdiction, shall conduct deliveries within the city without first obtaining a regulatory permit pursuant to this chapter. Only retailer storefronts with a regulatory permit may conduct deliveries in the city. For purposes of this subsection, transportation and deliveries to: (1) a retailer storefront with a regulatory permit; and/or (2) medical marijuana dispensaries permitted pursuant to Section 17.66.120, shall be exempt from this prohibition.
(Ord. 443 § 1, 2018)
A. 
A regulatory permit for retailer-storefront commercial cannabis activity is required to conduct retailer-storefront commercial cannabis activity in the city. No person or entity shall engage in retailer-storefront commercial cannabis activity, including delivery, in the city without having first obtained a regulatory permit for retailer-storefront commercial cannabis activity from the city manager and a state license.
B. 
The city manager shall authorize for retailer-storefront commercial cannabis activity any medical marijuana dispensaries permitted to operate pursuant to Section 17.66.120 as of January 1, 2018. Medical marijuana dispensaries permitted to operate pursuant to Section 17.66.120 shall be entitled to a regulatory permit for retailer-storefront commercial cannabis activity if the medical marijuana dispensary was first issued or applied for a Los Angeles County business license for medical marijuana dispensary prior to January 1, 2018. Medical marijuana dispensaries permitted to operate pursuant to Section 17.66.120 shall provide to the city clerk a request for a regulatory permit and proof of their eligibility for a regulatory permit. A Los Angeles County business license for medical marijuana dispensary issued prior to January 1, 2018 or an application for a Los Angeles County business license for medical marijuana dispensary submitted prior to January 1, 2018, and a city of Malibu conditional use permit for medical marijuana dispensary subject to Section 17.66.120 that was in effect on January 1, 2018 shall be prima facie evidence that a medical marijuana dispensary is qualified for a regulatory permit under this section. If a medical marijuana dispensary requesting a regulatory permit is no longer in possession of the location associated with the conditional use permit subject to Section 17.66.120, the city manager shall issue the regulatory permit to the medical marijuana dispensary in accordance with subsection C of this section, and the dispensary may request a change of address pursuant to Section 5.55.070. The city manager shall notify a medical marijuana dispensary if its request for a regulatory permit is denied. The denial notification shall include and list the specific reason or reasons for denial, the factual findings supporting the denial, and the dispensary's appeal rights.
C. 
Within 10 days of the effective date of the ordinance codified in this chapter, the city manager shall establish and begin to issue a regulatory permit for retailer-storefront commercial cannabis activity to the medical marijuana dispensaries entitled to a regulatory permit under this section. The regulatory permit for retailer-storefront commercial cannabis activity shall authorize the permitted medical marijuana dispensary to engage in retailer storefront commercial cannabis activity, including delivery, dispensing, and retail sales of cannabis, cannabis products, medical cannabis, and medical cannabis products. The regulatory permit shall clearly state that the permittee is authorized to conduct retailer-storefront commercial cannabis activity for adult-use and medical purposes at the location authorized by the regulatory permit. For purposes of this chapter, "adult-use" shall mean retail sales of cannabis and cannabis products to natural persons age 21 and older. The city manager shall ensure the regulatory permit displays the information required for the issuance of a state license. Permittees that are eligible for a regulatory permit pursuant to this section shall not be required to apply for a regulatory permit as a new applicant pursuant to any regulatory scheme subsequently enacted by the city council.
D. 
The city manager shall notify and identify to the state of California and its agencies that regulate commercial cannabis activity, including, but not limited to, the Bureau of Cannabis Control: (1) the permittees the city has authorized to engage in retailer-storefront commercial cannabis activity pursuant to a regulatory permit issued under this chapter; (2) that the regulatory permit authorizes the permittee for Type 9 or Type 10 state licenses under the Medical and Adult-Use Cannabis Regulation and Safety Act. The notification shall include that a permittee has been authorized for the issuance of an "A-license" and an "M-license." The city manager shall provide to state regulators any information necessary to facilitate the issuance of a state license to a permittee. The city clerk shall only authorize for a state license a retailer storefront and/or medical marijuana dispensary with a regulatory permit. A medical marijuana dispensary without a regulatory permit shall not be authorized for a state license.
E. 
For purposes of this section, medical marijuana dispensaries permitted to operate pursuant to Section 17.66.120 as of January 1, 2018 may continue to engage in dispensing and retail sales of medical cannabis and medical cannabis products pursuant to an existing state license or temporary permit while a request for a regulatory permit is pending. However, medical marijuana dispensaries established after January 1, 2018 shall not operate without a regulatory permit.
F. 
A person or entity operating a permitted medical marijuana dispensary permitted under Section 17.66.120 shall be entitled to a regulatory permit for retailer-storefront commercial cannabis activity as a matter of right. The issuance of a regulatory permit pursuant to this section shall be a ministerial action not subject to discretion.
G. 
It is the intent of the voters to authorize for retailer-storefront commercial cannabis activity any medical marijuana dispensaries permitted to operate pursuant to Section 17.66.120 that were in operation as of January l, 2018, the day on which the state of California began issuing licenses for commercial cannabis activity. This section and each subsection and paragraph shall be interpreted broadly to ensure any permitted medical marijuana dispensaries authorized to operate on January 1, 2018 are issued a regulatory permit under this section and authorized for retailer-storefront commercial cannabis activity. In authorizing the issuance of regulatory permits to dispensaries under this section, the voters recognize that medical marijuana dispensaries previously permitted under Section 17.66.120 have undergone extensive review, examination, and scrutiny in conditional use permit proceedings and the findings necessary to establish a medical marijuana dispensary have been made. The voters recognize it would be inefficient, duplicative, and inequitable to the businesses and their customers to subject already permitted medical marijuana dispensaries currently in operation to another proceeding to authorize retailer-storefront commercial cannabis activity at their current locations.
H. 
Nothing in this chapter shall prohibit the city council from enacting a regulatory framework for retailer-storefront commercial cannabis activity for new applicants.
I. 
The city council shall have jurisdiction to hear appeals of requests for regulatory permits. A medical marijuana dispensary shall have the right to appeal a denial of a request for regulatory permit to the city council. The request must be made within 60 days after the date of the decision of the city manager by submitting a letter to the city council stating the reason for the appeal. The council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such appellants at his or her last known place of address. The standard of review on all appeals shall be de novo review. The findings of the council shall be final and conclusive and shall be served upon the appellant by certified U.S. Mail and electronic mail. The city council shall review the appeal on a de novo basis.
(Ord. 443 § 1, 2018)
A. 
Any medical marijuana dispensary previously issued a conditional use permit subject to Section 17.66.120 shall be permitted to operate a retailer storefront under the conditions set forth in their conditional use permit except where any condition conflicts with Section 17.66.120, as amended by this ordinance. In the event any provision of the amended Section 17.66.120 conflicts with a condition on an existing conditional use permit previously issued pursuant to Section 17.66.120, the provision of the amended Section 17.66.120 shall be controlling.
B. 
The purpose of this section is to authorize existing medical marijuana dispensaries permitted under Section 17.66.120 to engage in retailer-storefront commercial cannabis activity given that those permitted dispensaries have already been found to meet the criteria necessary to engage in medical marijuana dispensary activity in the city. The voters declare that the business operations and impacts of a medical marijuana dispensary and a commercial cannabis retailer storefront are virtually identical and that the amendments to Section 17.66.120 are not major changes. The voters recognize it would be inefficient, duplicative, and inequitable to the businesses and their customers to subject permitted medical marijuana dispensaries currently in operation to a second conditional use permit proceeding to authorize retailer-storefront commercial cannabis activity.
C. 
The city shall not enforce any conditions on a previously issued conditional use permit that is contrary to this chapter or an express provision provided for in Section 17.66.120, as amended by the ordinance codified herein.
D. 
The planning director may modify an existing conditional use permit to incorporate the amended standards set forth in Section 17.66.120. The incorporation of the standards set forth in Section 17.66.120 into an existing conditional use permit shall be deemed a minor change pursuant to Section 17.66.060(C). Nothing contained in this subsection shall be considered a significant change involving a major deviation from the original approval of the permit.
(Ord. 443 § 1, 2018)
A. 
A regulatory permit for retailer-storefront commercial cannabis activity shall authorize retailer-storefront commercial cannabis activity only at the location associated with the regulatory permit. A permittee may change the location associated with the regulatory permit for retailer-storefront commercial cannabis activity to a new location upon submission of a change of location application.
B. 
Within 30 days of the effective date, the city manager shall adopt a process (to include any necessary forms and procedures) for the relocation of a retailer storefront and regulatory permit, including allowance for temporary business cessation incidental to a change in location.
C. 
A permittee may change the location of a retailer storefront and a regulatory permit to a location that has a pending application for a conditional use permit for activity pursuant to Section 17.66.120, but the permittee shall not engage in any retailer-storefront commercial cannabis activity at the new location until after the conditional use permit for activity pursuant to Section 17.66.120 has been issued.
D. 
The city manager shall not deny the renewal of a permittee's commercial cannabis regulatory permit for cessation of business operations while the permittee is applying for a conditional use permit for activity pursuant to Section 17.66.120 at a new location.
(Ord. 443 § 1, 2018)
No more than two permittees shall be permitted to operate a retailer-storefront commercial cannabis business in the city at any time. For purposes of this section, the numerical limit is only intended to create a maximum number of two businesses that may be issued regulatory permits for retailer-storefront commercial cannabis activity. The city manager shall not issue additional regulatory permits if there are already two regulatory permits for retailer storefront commercial cannabis activity in the city. The city manager shall not accept applications for regulatory permits for retailer-storefront commercial cannabis activity from new applicants if the maximum number of regulatory permits has been issued. This numerical limit shall not apply to the change in location of an existing regulatory permit where a permittee applies for a change of location, in which case a new regulatory permit shall be issued to a permittee contingent upon surrender of an existing regulatory permit. The numerical limit of two is consistent with Malibu's historical policy of permitting two medical marijuana dispensaries to operate.
(Ord. 443 § 1, 2018)
Within 30 days, the city manager may establish a processing fee, a permit fee, and/or a renewal fee for regulatory permits for retailer-storefront commercial cannabis activity. The processing, permit, and/or renewal fee shall not exceed the fee to apply for a conditional use permit.
(Ord. 443 § 1, 2018)
A. 
The city manager shall develop and produce a renewal application for regulatory permits. An application for annual renewal of a commercial cannabis regulatory permit shall be filed with the city manager at least 30 calendar days prior to the expiration date of the current permit, on a form designated by the city manager. The city manager shall provide to the permittee a copy of the application for renewal by certified mail at least 120 days, 90 days, and 30 days prior to the expiration date of the current regulatory permit. The permittee shall be provided a 60 day grace period after the expiration date in which the permittee may renew the regulatory permit.
B. 
Any permittee submitting an application less than 30 days before the expiration of a regulatory permit shall be required to pay a late renewal application fee, as established by the city council. The late fee shall not exceed 25% of the renewal fee.
C. 
The permittee shall include on the renewal application any information that has changed since the filing of the initial application or prior year's renewal application, as applicable.
D. 
The city manager shall automatically approve an application for renewal of a regulatory permit unless any of the following exists:
1. 
The commercial cannabis business has not been in regular and continuous operation in the six months prior to the renewal application and the permittee has not applied for a conditional use permit for activity under Section 17.66.120 at a new location.
2. 
The permittee has made a false, misleading or fraudulent statement or omission of fact in the renewal application.
3. 
The permittee's state license has been revoked for regulatory violations.
E. 
Upon approval of an application for renewal of a regulatory permit for retailer-storefront commercial cannabis activity, the city manager shall issue to the permittee a renewed regulatory permit for retailer storefront commercial cannabis activity.
F. 
Permittees will be notified in writing of the decision to deny a renewal application. The denial notification shall include and list the specific reason or reasons for denial, the factual findings supporting the denial, and the permittee's appeal rights.
G. 
The city council shall have jurisdiction to hear appeals of denials. Permittees shall have the right to appeal a denial of an application for renewal to the city council. The permittee may appeal the decision on the application for renewal within 60 days after the date of the decision of the city manager by submitting a letter to the city council stating the reason for the appeal. The council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such permittee at his or her last known place of address. The standard of review on all appeals shall be de novo review. The findings of the council shall be final and conclusive and shall be served upon the appellant by certified U.S. Mail and electronic mail.
(Ord. 443 § 1, 2018)
Nothing in this chapter shall be construed as prohibiting the city council from establishing an administrative enforcement framework to regulate permittees that is consistent with the purposes of this chapter.
(Ord. 443 § 1, 2018)
A. 
Except as hereinafter provided, Part 7 of Chapter 8.04 (Commercial Cannabis Activities) and Chapter 11.37 (Cannabis Facilities) of the Los Angeles County Code, dated December 9, 2017, is adopted by reference as the cannabis public health regulations of the city.
B. 
A copy of Part 7 of Chapter 8.04 and Chapter 11.37 shall be available for public inspection in the office of the city clerk of the city of Malibu and shall be at all times maintained by the clerk for use and examination by the public.
(Ord. 486 § 2, 2021)
A. 
Findings.
1. 
Unlicensed and unregulated cannabis stores threaten the health and safety of cannabis consumers by selling products that are cultivated, manufactured, prepared, and processed outside of the regulated cannabis marketplace. These products may be tainted, contaminated, mislabeled, unlabeled, or misbranded, and may cause injury or illness if consumed.
2. 
Unlicensed and unregulated cannabis stores harm the peace, comfort, and welfare of people who live and work nearby. These stores are more likely to operate outside of proscribed hours of operation, without meeting minimum locational and operational standards, such as parking, lighting, landscaping, and other standards, and may be more likely to sell cannabis in quantities that exceed legal limits, and sell cannabis to minors in violation of applicable law.
3. 
Cannabis consumers should be able to tell whether a cannabis store is unlicensed and unregulated without having to enter the premises and should understand the health risks and consequences of shopping at an unlicensed and unregulated cannabis store. This knowledge and understanding will empower consumers to make smart choices to protect their health and safety. Communities will also benefit from a reduction in the number of unlicensed cannabis stores.
B. 
Purpose and Intent.
1. 
The emblem program for authorized cannabis stores (program) is administered by the County of Los Angeles in partnership with cities within the county of Los Angeles as a cross-jurisdictional effort to deter the operation of unregulated cannabis stores in incorporated and unincorporated areas of the County of Los Angeles. The program is intended to protect consumers and stop harmful effects caused by unlicensed and unregulated cannabis stores on local neighborhoods and communities by requiring cannabis stores that have received all appropriate licenses, permits, or authorizations from the state of California and local governments to both display a unique emblem on the store's premises so that it is highly visible to the public from the exterior of the store, and provide and make program supplied health-related information accessible to consumers.
2. 
The program is not intended to promote the use, possession, distribution, manufacturing, or cultivation of cannabis or cannabis products, or to engage in any actions that conflict with any applicable local, state, or federal laws.
C. 
Definitions.
"Authorized cannabis store."
A retailer engaged in the commercial sale of medical or adult-use cannabis to customers at a physical location, provided:
a. 
The retailer has obtained a Type-10 (Retailer) license from the state of California, or a temporary authorization from the State Bureau of Cannabis Control to operate an onsite cannabis retail location;
b. 
The retailer has obtained all licenses, permits, or authorizations required by the city of Malibu and any other local agencies necessary and sufficient to allow the store to engage in the sale of medical or adult-use cannabis; and
c. 
The retailer keeps all applicable licenses, permits, or authorizations current and valid, and remains in good standing to engage in the sale of medical or adult-use cannabis in the city of Malibu.
"Emblem."
The emblem featured on the emblem placard issued to an authorized cannabis store by the program administrator as part of the program.
"Emblem placard."
A placard displaying the emblem and other required information, that conforms to the design requirements specified in subsection D and issued to an authorized cannabis store by the program administrator as part of the program that notifies the public that the store has received all required state and local licenses, permits, or other authorizations to become an authorized cannabis store.
"Health information advisory."
The pamphlet, paper, or other media provided to the authorized cannabis store by the program administrator that contains health information messages, regarding cannabis use and its potential health impacts, created by the Department of Public Health.
"Program."
The emblem program for authorized cannabis stores.
"Program administrator."
The director of the Los Angeles County Department of Public Health, or designee.
D. 
Emblem—Significance. The emblem, when displayed on the emblem placard in accordance with the provisions of this section, shall serve as notice to the public that the store to which the emblem placard was issued is an authorized cannabis store at the time of issuance and is in compliance with all applicable public health laws and regulations as determined during the most recent Public Health inspection. The emblem and emblem placard shall not grant any rights or remedies, and shall not be construed as granting any rights or remedies, to any person or entity in possession of the emblem or emblem placard. The emblem and emblem placard may not be sold, assigned, or otherwise transferred, and shall not be removed from the premises of the authorized cannabis store to which the emblem placard was issued, except as specified in this section.
E. 
Emblem Placard—Procedure for Issuance, Posting, Inspection, and Revocation.
1. 
Issuance. The program administrator shall cause an emblem placard to be issued to all authorized cannabis stores.
2. 
Posting.
a. 
The program administrator shall cause the emblem placard to be posted at the store's premises so as to be clearly visible to the general public and to patrons entering the store's premises. For the purposes of this section, "clearly visible to the general public and to patrons entering the store's premises" means:
i. 
Posted in the front window of the store within five feet of the front door or posted in a display case mounted to the outside front wall of the store within five feet of the front door; or
ii. 
Posted in a location as directed and determined in the discretion of the program administrator to ensure proper notice to the general public and to patrons.
b. 
An authorized cannabis store shall, at its sole cost, make any reasonable modifications to the exterior or interior of its premises that the program administrator determines are necessary to accommodate the posting of the emblem placard, including, but not limited to, modifications to lighting, window treatments, coverings, tinting, glazing, and painting, and the mounting of a display case on the exterior of the premises.
c. 
An authorized cannabis store shall not alter, move, remove, or otherwise modify an emblem placard posted at its premises pursuant to this section unless ordered or authorized to do so in writing by the program administrator.
3. 
Inspection. Not less than once per year, the program administrator shall cause an inspection to take place at the premises of an authorized cannabis store to ensure the emblem placard is displayed and the health information advisory is provided or made accessible to consumers in compliance with the provisions of this section. Inspections shall take place during ordinary business hours and may be unannounced. The program administrator may conduct an inspection more than once per year if the program administrator determines more frequent inspections are necessary to ensure compliance with this section. Inspections may be conducted in conjunction with or separately from other regular inspections.
4. 
Suspension. Upon a determination by the program administrator that a store ceases to keep all applicable licenses, permits, or authorizations current, valid, and in good standing, the program administrator may immediately suspend the store's participation in the program. Written notice will be provided to the store detailing the reason for the suspension, along with instructions for reinstatement. The emblem placard will be removed by the program administrator, or an authorized representative, until the store takes the necessary steps for reinstatement into the program.
5. 
Revocation. Upon a determination by the program administrator that a store ceases to be an authorized cannabis store for any reason, the program administrator shall immediately issue an order in writing to the store to remove the emblem placard from public view and return the emblem placard to the program administrator, or provide other evidence satisfactory to the program administrator that the emblem placard has been destroyed. The program administrator's determination shall be final and not subject to appeal.
F. 
Health information Advisory. An authorized cannabis store, at the direction of the program administrator, shall provide or make accessible to the consumer a Health Information Advisory created by the Los Angeles County Department of Public Health. The health information advisory shall be supplied to the store by the program administrator. The store shall provide the health information advisory to the consumer at the point of sale. The program administrator may also supply health information advisory materials in pamphlet or other written form to an authorized cannabis store, and require those materials be displayed and made accessible to consumers in the store's customer services areas.
G. 
Violations.
1. 
It shall be unlawful for any person to engage in the sale of medical or adult-use cannabis or cannabis products in the city of Malibu unless it is an authorized cannabis store and displays an emblem placard in compliance with the provisions of this ordinance.
2. 
It shall be a misdemeanor to display or use the emblem or emblem placard, or any placard, symbol, or rendering that is substantially or confusingly similar to the emblem or emblem placard, in connection with any commercial cannabis activity for the purpose of falsely holding oneself out as an authorized cannabis store.
3. 
The city of Malibu and the program administrator may conduct inspections of any store displaying the emblem or emblem placard, or a substantially or confusingly similar emblem or emblem placard, on its premises, for the purposes of determining whether the store is an authorized cannabis store.
(Ord. 486 § 2, 2021)
A. 
Each permittee that is engaged in the sale of cannabis and cannabis products is subject to and shall pay a tax in the amount of two and one-half (2.5) percent of the gross receipts or fractional part thereof on the sale of cannabis and cannabis products. This tax shall not apply to the sale of medical cannabis and medical cannabis products and to any state sales or excise tax collected by the permittee.
B. 
Such tax payments shall be made by the permittee to the city manager no later than the last business day of March, June, September and December for gross receipt taxes incurred during the preceding three months.
C. 
The permittee shall submit a statement of the total amount of adult use retail sales of cannabis and cannabis products for the prior three months of each quarter, to the city manager, on forms provided by the city manager. This total amount will not include any sales tax and state excise tax collected on those adult use retail sales of cannabis and cannabis products.
D. 
Nothing shall prohibit the city from enacting regulations to administer and collect the tax.
E. 
The proceeds from the cannabis tax shall be used for general city purposes.
(Ord. 443 § 1, 2018)
A. 
Nothing in this chapter shall prohibit the city council from adopting additional regulations for retailer-storefront commercial cannabis activity that are consistent with the Medical and Adult-Use Cannabis Regulation and Safety Act and any regulations adopted thereto. However, the city shall not prohibit or effectively prohibit permittees from operating a retailer storefront.
B. 
Nothing in this chapter shall prohibit the city council from adopting regulations for delivery consistent with the Medical and Adult-Use Cannabis Regulation and Safety Act and any regulations adopted thereto. However, the city shall not prohibit or effectively prohibit permittees from making retail deliveries of cannabis and cannabis products.
(Ord. 443 § 1, 2018)
If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of the ordinance codified in this chapter. The citizens of Malibu hereby declare that they would have passed this ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of this chapter would be subsequently declared invalid or unconstitutional.
(Ord. 443 § 1, 2018)