Commercial cannabis activity as defined by the State of California or the City shall operate in conformance with all regulations and standards set forth in this chapter of the Municipal Code to assure that the operations of the retailer, cultivation facility, manufacturing facility, distribution facility, testing facility, microbusiness or any other commercial cannabis activity as defined by the State of California or allowed by the City are in compliance with local and State law and are established to mitigate any adverse secondary effects from its operations. Cannabis operators shall be required to obtain a State license and shall comply with any applicable State licensing requirements, such as operational standards and locational criteria. Multiple cannabis uses and licenses proposed on any one site shall occur only if authorized by the State and the City and only if all uses proposed are allowed under the City’s zoning regulations.
(Ord. 18-02 § 7; Ord. 19-07 § 4)
When used in this chapter, the following words are defined as follows. If a word is not defined in this section, other provisions of the Goleta Municipal Code, or City ordinance, the definitions shall be as in State law or, in case where a definition is not provided in State law, as determined by the Director of Neighborhood Services and Public Safety.
“Cannabis business”
means a person operating any or all commercial activities relating to cannabis that requires a license under State law.
“Cannabis business license (CBL)”
means a license issued by the City under this chapter.
“City Manager”
shall mean the City of Goleta City Manager, or designee.
“Director”
shall be the Finance Director or designee.
“Financial interest”
means an investment into a commercial cannabis business, a loan provided to a commercial cannabis business, or any other equity interest in a commercial cannabis business.
“Financial interest holder”
means any individual(s) or business entity(ies) that have a financial interest in a commercial cannabis business but are not owners as defined in this section.
“Fire Chief”
shall mean the Santa Barbara County Fire Department Fire Chief, or designee.
“Owner”
of a commercial cannabis business means any of the following:
1. 
A person with an aggregate ownership interest of 20% or more in the commercial cannabis business, unless the interest is solely a security, lien, or encumbrance. For purposes of this section, “aggregate” means the total ownership interest held by a single person through any combination of individually held ownership interests in a commercial cannabis business and ownership interests in an entity that has an ownership interest in the same commercial cannabis business. For example, a person who owns 10% of the stock in a commercial cannabis business as an individual shareholder and 100% of the stock in an entity that owns 10% of the stock in the same commercial cannabis business has a 20% aggregate ownership interest in the commercial cannabis business.
2. 
An individual who manages, directs, or controls the operations of the commercial cannabis business, including, but not limited to:
a. 
A member of the board of directors of a nonprofit.
b. 
A general partner of a commercial cannabis business that is organized as a partnership.
c. 
A non-member manager or managing member of a commercial cannabis business that is organized as a limited liability company.
d. 
The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
e. 
The chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
3. 
If the commercial cannabis business is owned in whole or in part by an entity and the entity includes individuals who manage, direct, or control the operations of the commercial cannabis business, as described in subsection (2)(e), those individuals shall also be disclosed as owners.
4. 
If available evidence indicates that an individual qualifies as an owner, the Department may notify the applicant or licensee that they must either disclose the individual as an owner and submit the information required by Section 5.09.040 or demonstrate that the individual does not qualify as an owner.
“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.
“Police Chief”
means the City of Goleta Police Chief, or designee.
“Premises”
means the designated structure(s) and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
“Seller’s permit”
means a State business license that allows a business to make sales of tangible personal property in California.
“State law”
means the codified sections promulgated by the California State Legislature related to commercial cannabis businesses.
(Ord. 19-07 § 4; Ord. 23-12 § 4)
A. 
Prohibitions. It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises within the City a cannabis business without a CBL from the City.
B. 
Cannabis Business License Required.
1. 
Each cannabis business shall have a CBL specific to the business activity defined by State law regardless of whether the business activity is for medicinal or adult-use purposes. The following is a list of current license types under State law and the commercial cannabis activities currently authorized by the City of Goleta:
State License Types*
Goleta Cannabis Business License Required
Cultivation Licenses – Type 1, 1A, 1B, 1C, 2, 2A, 2B, 3, 3A, 3B, 5, 5A, 5B & Processor
Cultivation (Indoor, processor)
Cultivation Licenses – Type 4
Cultivation (Nursery)
Manufacturing – Type 6 & 7, N (Edibles/topical) & P (Packaging)
Manufacturer
Testing – Type 8
Testing
Retailer – Type 9 (Non-storefront delivery)
Non-Storefront Retail Delivery Only
Retailer – Type 10 (Storefront)
Retail (Storefront)
Distributor – Type 11
Distributor
Microbusiness – Type 12
Microbusiness
Events
City does not allow cannabis events per § 17.41.090 of this code
Notes:
* Pursuant to Business and Professions Code § 26050, as may be amended.
2. 
A CBL shall be valid for a period of one year from January 1 through December 31 of each year, unless sooner revoked. No permit granted herein shall confer any vested right to any person for more than the above-referenced period.
3. 
The CBL shall be issued only to the specific person listed on the CBL application.
(Ord. 18-02 § 8; Ord. 19-07 § 4; Ord. 23-12 § 5)
A. 
Application Requirements.
1. 
An applicant may submit one or multiple applications for the various cannabis permit types. Applicants may apply for no more than one permit per category of cannabis business.
2. 
A separate application must be filed for each location or premises for which an applicant proposes to operate a cannabis business.
3. 
An applicant shall pay all the fees required by this chapter.
4. 
A CBL applicant shall submit the following information, which will be more particularly defined in an administrative regulation by the City Manager:
a. 
Completed CBL application form and applicable fees;
b. 
Copy of DMV-issued driver’s license or identification card or passport for each owner, officer, employee, or agent;
c. 
Proof of insurance as required by this chapter;
d. 
An executed release of liability and hold harmless in the form set forth in the City’s application form;
e. 
Authorization for the City to verify the information and representations contained in the application;
f. 
In the event the applicant is not the owner of record of the real property upon which the cannabis business is or will be located, a notarized statement and consent from the owner of the property acknowledging that a cannabis business is or will be located on the property and copy of the lease or rental agreement pertaining to the property on which the cannabis business is or will be located;
g. 
Business entity documents, including, but not limited to, articles of incorporation, articles of organization, certificate of limited partnership, or statement of partnership authority;
h. 
Copies of Department of Justice LiveScan receipts for all applicants, owners, persons having at least a 20% financial interest, managers and supervisors of a cannabis operation.
i. 
A complete list of every financial interest holder of the commercial cannabis business as defined by State law. The list of the financial interest holders shall include:
i. 
A list of all financial interest holders that are individuals, the first and last name of the individual, a contact phone number and email address, and the type and number of the individual’s government-issued identification, such as a driver’s license,
ii. 
A list of all financial interest holders that are entities, the legal business name, the name and phone number and email address of the entity’s primary contact, and federal taxpayer identification number of the entity;
j. 
The following plans, the contents of which will be promulgated by administrative regulation by the City Manager:
i. 
Site plan,
ii. 
Business plan,
iii. 
Green business plan,
iv. 
Odor abatement plan,
v. 
Safety plan, and
vi. 
Security plan.
B. 
Application Evaluation.
1. 
The City Manager will promulgate an administrative regulation on the CBL application evaluation process.
2. 
Applications will be accepted, reviewed, and determined for a CBL by the Director.
3. 
Applications will be evaluated by the Director and scored for having provided all the information required by the application and that the plans meet minimum requirements.
4. 
If the Director determines that application requirements are not met, the Director shall provide a letter to the applicant outlining all the deficiencies in the application and require deficiencies to be met within 30 days, unless good cause is shown for a greater time period. If the applicant does not respond within the stated time period in the Director’s letter, the application shall be returned to the applicant for incompleteness.
5. 
An application may be returned for failure to meet the requirements of this chapter, including, but not limited to, any of the following reasons:
a. 
A decision by the Director to return an application based on this section is not appealable.
b. 
Application does not include information necessary to meet application requirements.
c. 
Information requested in Director’s letter of deficiencies was received after stated time for the provision of information.
d. 
Information submitted in response to Director’s letter of deficiencies is not fully responsive to Director’s request for more information.
6. 
Pre-License Site Inspection. The Director shall inspect the site of the proposed cannabis business for compliance with local and State law requirements and conformance with information provided in the application.
C. 
Public Notice for Storefront Retail Applications. The Director shall provide notice by First Class mail for all storefront retail CBLs at least 10 calendar days before a decision on the CBL applications is made to property owners and, if feasible, tenants, located within 500 feet of the parcel on which the cannabis business is or is proposed to be located.
D. 
Pre-License Site Inspection and Issuance of Permit.
1. 
Preliminary Approval. A preliminary approval of the CBL will be issued by the Director after the applicant has met all of the requirements of this chapter, which would allow for an applicant to apply for a State license.
2. 
Final Approval. A final approval of a CBL will be issued only after an applicant presents a copy of their State license for the cannabis business subject to the CBL application and all site inspections have occurred by the Director or any other necessary City departments and other local agencies, including obtaining any other necessary permits from other agencies.
3. 
No cannabis business can be operated until the City has issued a final approval of the CBL.
E. 
The City’s Reservation of Rights. The City reserves the right to reject any or all applications. Prior to issuance, the City may also modify, postpone, or cancel any request for applications, or the entire program under this chapter, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under State law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be canceled at any time prior to permit issuance.
(Ord. 18-02 § 9; Ord. 19-07 § 4; Ord. 23-12 § 6)
A. 
Change in Ownership.
1. 
A CBL is not transferrable or assignable to another person or owner and automatically terminates upon transfer or change of ownership unless the transfer or change of ownership complies with this section. In the event of the sale or other transfer of the business or operations covered by the licensee, changes in ownership shall be made in accordance with the following.
a. 
If one or more of the owners change, the new owners shall submit the information required under Sections 5.09.040 and 5.09.080 for each new owner, and or other necessary information to the Finance Department. The ownership change shall not be effective until approved by the City.
b. 
The business may continue to operate under the active license while the Department reviews the qualifications of the new owner(s) in accordance with these regulations to determine whether the change would constitute grounds for denial of the license, if at least one existing owner is not transferring their ownership interest and will remain as an owner under the new ownership structure.
c. 
If all owners will be transferring their ownership interest, the business shall not operate under the new ownership structure until a new license application has been submitted to and approved by the Department, and all application and license fees for the new application have been paid. The former owner’s inventory shall be transferred to the new owner’s track-and-trace account upon issuance of the license. The ownership change shall not be effective until approved by the City.
2. 
A change in ownership does not occur when one or more owners leave the business by transferring their ownership interest to the other existing owner(s).
a. 
In cases where one or more owners leave the business by transferring their ownership interest to the other existing owner(s), the owner or owners that are transferring their interest shall provide a signed statement to the City confirming that they have transferred their interest within 14 calendar days of the change.
3. 
For any changes in ownership resulting from death, incapacity, receivership, assignment of creditors, or other event rendering an owner incapable of performing the duties associated with the license, the owner’s or owners’ successor in interest (e.g., appointed guardian, executor, administrator, receiver, trustee, or assignee) shall notify the City in writing, within 14 calendar days, by submitting a form provided by the City.
a. 
To continue operations or surrender the existing license, the successor in interest shall submit to the City the following:
i. 
The name of the successor in interest;
ii. 
The name of the owner(s) for which the successor in interest is succeeding and the license number;
iii. 
The phone number, mailing address, and email address of the successor in interest; and
iv. 
Documentation demonstrating that the owner(s) is incapable of performing the duties associated with the license such as a death certificate or a court order, and documentation demonstrating that the person making the request is the owner’s or owners’ successor in interest such as a court order appointing guardianship, receivership, or a will or trust agreement.
b. 
The City may give the successor in interest written approval to continue operations on the licensed business premises for a period of time specified by the City:
i. 
If the successor in interest or another person has applied for a license from the Department for the licensed premises and that application is under review;
ii. 
If the successor in interest needs additional time to destroy or sell cannabis or cannabis products; or
iii. 
At the discretion of the City.
iv. 
The successor in interest is held subject to all terms and conditions under which a CBL is held pursuant to the Goleta Municipal Code.
v. 
The approval creates no vested right to the issuance of a CBL.
B. 
Financial Interest in a Commercial Cannabis Business.
1. 
When there is a change in financial interest holder(s) in the commercial cannabis business who do not meet the requirements for a new license application under this section, the licensee shall submit the information required by Section 5.09.040 to the Department within 14 calendar days of the change.
a. 
A complete list of every financial interest holder of the commercial cannabis business, including who is not an owner. The list of financial interest holders shall include the following:
i. 
For financial interest holders that are individuals, the first and last name of the individual, a contact phone number and email address, and the type and number of the individual’s government-issued identification, such as a driver’s license.
ii. 
For financial interest holders that are entities, the legal business name, the name and phone number and email address of the entity’s primary contact, and the federal taxpayer identification number of the entity.
2. 
When any of the following changes occur, the licensee shall notify the City within 14 calendar days of the change on a form provided by the City:
a. 
Any change to contact information from the information provided to the Department in the original application.
b. 
Any change in name if the licensee is an individual, or any change in legal business name if the licensee is a business entity.
c. 
Any change in business trade names, fictitious business names, or doing business as (“DBA”).
C. 
Change in Premises.
1. 
No physical modification of the permitted premises is allowed without written amendment to the CBL by the Director and payment of any additional fees required by the City. To obtain approval of a change in premises, the licensee shall submit a request for change in premises on a form provided by the City, including the following information:
a. 
A physical modification of the permitted premises includes, but is not limited to, a substantial increase or decrease in total area of the licensed premises, any other physical modification resulting in substantial change in the mode or character of business operations.
b. 
To obtain City approval of a change in premises the licensee shall submit a new site plan and premises diagram, security/video surveillance plan, a written zoning conformity determination letter from the Planning and Environmental Review Department, and other additional information that may be requested by the Director to evaluate the licensee’s request to modify the licensed premises.
2. 
Prior to final approval of the change in premises, a pre-license inspection of the premises will be required and payment of fee.
(Ord. 23-12 § 7)
A. 
All applicants shall pay all fees associated with an application, including the fees as established by resolution of the City Council for all costs incurred by the City in processing an application, which may include one or more of the following:
1. 
CBL Application Fees. The applicant shall submit a nonrefundable fee to cover the cost of processing an application for the cannabis business and ensuring all operating requirements are adhered to.
2. 
CBL Application Renewal Fees. The business owner shall submit a nonrefundable fee to cover the cost of processing an application renewal.
B. 
If any fee required by this chapter is not paid prior to the delinquency date, in addition to such fee the applicant shall pay a penalty equal to one-half of the fee; provided, however, that such penalty shall not attach in the case of renewals of annual licenses until 30 days after the delinquency date.
(Ord. 18-02 § 22; Ord. 19-07 § 4)
A. 
Denial of a New or Renewal CBL. An application may be denied upon any of the following:
1. 
Failure to meet the application requirements of this chapter and any resolutions adopted pursuant to this chapter;
2. 
Failure to meet the time requirements of requests for additional information by the Director while a CBL application is under review;
3. 
The applicant knowingly, willfully or negligently made a false statement of material fact or omitted a material fact from the application;
4. 
Any applicant, owner, manager, supervisor, employee or agent that has not passed the background check requirements of this chapter;
5. 
The applicant failed to obtain and/or maintain a valid seller’s permit;
6. 
The applicant does not comply with the provisions of this chapter or State law relating to operation of a cannabis business;
7. 
The applicant has not received all necessary land use entitlements as required by the City’s zoning regulations;
8. 
The applicant has denied City access to the business location to conduct an inspection;
9. 
Failure to pay the required fees as required in this chapter;
10. 
An outstanding balance of any taxes or fees owed to the City;
11. 
Presence of a code violation on the premises on which the cannabis business is or is to be located;
12. 
For a renewal application, if the application is not made within 60 days of expiration; or
13. 
For a renewal application, if the licensee has failed to conform to plans submitted during the initial application process or the operational requirements of this chapter.
B. 
Grounds for Suspension and Revocation.
1. 
The licensee fails to conform to the requirements of this chapter and the plans submitted during the initial application process.
2. 
The licensee’s cannabis business fails to become operational within six months of obtaining its CBL, unless the Director has granted an extension for good cause.
3. 
Once operational, the cannabis business ceases to be in regular and continuous operation for 90 days.
4. 
State law permitting the use for which the license was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the Federal government will commence enforcement measures against such businesses and/or local governments that permit them.
5. 
Circumstances under which the license was granted have significantly changed and the public health, safety and welfare require the suspension, revocation, or modification.
6. 
The license was granted, in whole or part, on the basis of a misrepresentation or omission of a material statement in the CBL application.
7. 
The operator/licensee business has an outstanding balance on City taxes or fees.
8. 
There is an outstanding code violation on the premises on which the cannabis business is located.
9. 
The licensee’s State license for the cannabis business for which a CBL was issued is suspended or revoked. The Director shall not reinstate the CBL until documentation is received showing that the State license has been reinstated or reissued.
C. 
Notice and Appeal.
1. 
The Director must give notice of intention to deny, suspend or revoke to a licensee or applicant in writing. Within 10 days thereafter, the licensee or applicant may request in writing a hearing before the City Council.
2. 
The approval of a CBL can be appealed by an aggrieved party to the City Council. Such appeal must be filed within 10 days of the Director’s issuance of a CBL.
3. 
The City Council shall hold a hearing in accordance with Goleta Municipal Code Sections 5.01.710 and 5.07.720.
4. 
If the licensee does not timely request a hearing, the notice of intention to deny, suspend or revoke shall constitute a final decision on the CBL application.
(Ord. 18-02 §§ 18, 19; Ord. 19-07 § 4)
A. 
All records for the cannabis business of the following activities shall be maintained and made available to the City, upon request, for at least five years. Records shall be produced within 24 hours of a request by an authorized City representative. Records shall be kept in a manner that allows the records to be produced for the City in either hard copy or electronic form, whichever the City requests.
B. 
The cannabis business shall obtain and maintain a valid seller’s permit from the California Department of Tax and Fee Administration or its successor agency.
C. 
The cannabis businesses shall maintain financial records that include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by the California Department of Tax and Fee Administration (formerly State Board of Equalization) under Title 18 California Code of Regulations Sections 1698 and 4901.
D. 
The printed full name, date of birth, and present address and telephone number of the licensed individual, as well as for all persons with any financial interest in the commercial cannabis business.
E. 
Personnel records, including each employee’s full name, address, phone number, date of beginning employment, and date of termination of employment if applicable.
F. 
Training records, including, but not limited to, the content of the training provided and the names of the employees that received the training.
G. 
Contracts with other licensees regarding cannabis activity.
H. 
Permits, licenses, and other local authorizations to conduct the licensee’s cannabis activity.
I. 
Proof of building ownership or written permission from the landlord permitting the cannabis business type to be operated on the leased premises.
J. 
Proof of insurance.
K. 
Security records.
L. 
Completed employee criminal background checks, which must be retained by the applicant and are subject to inspection by the City.
(Ord. 18-02 § 10; Ord. 19-07 § 4; Ord. 23-12 § 8)
A. 
Cannabis businesses may operate only during the hours specified in this chapter.
B. 
Restriction on Consumption. Cannabis shall not be consumed by any employee or any other person on the premises of any cannabis business.
C. 
No free samples of any cannabis or cannabis product may be distributed at any time at the premises of the cannabis business.
D. 
Odor Control.
1. 
Cannabis odors shall not be detectable off site.
2. 
Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or 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 the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the Director determines is a more effective method or technology:
a. 
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
b. 
An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
E. 
Security.
1. 
Interior and exterior locations of the business property shall be monitored at all times by closed circuit cameras for security purposes. The cameras and recording system shall be of adequate quality, color rendition and resolution to allow the sufficient identification of any individual committing a crime on the location premises. Cameras shall record 24 hours a day at a minimum of 20 frames per second. Video recordings shall be maintained by the business and kept available to local police for a minimum period of 90 days.
2. 
The surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the Director on request.
3. 
All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of 20 feet. Camera video recordings shall be maintained unaltered in a secure location for a period of not less than 90 calendar days and be available for inspection at any time. The Director or Police Chief may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the Director or Police Chief may seek a warrant or court order for the recordings.
F. 
Display of CBL and Badge.
1. 
A copy of the CBL shall be displayed at all times in a place visible to the public.
2. 
All agents, private security officers or other persons acting for or employed by a licensee shall display a laminated identification badge at least two inches by two inches in size, issued by the licensee. The badge, at a minimum, shall include the licensee’s “doing business as” name and license number, the employee’s first and last name, and a color photo of the employee that shows the full front of the employee’s face.
G. 
Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business, 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 City. The cannabis business shall ensure that such information is compatible with the City’s recordkeeping systems and with the State’s METRC track-and-trace software. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the Director prior to being used by the permittee. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track-and-trace system within 24 hours of the system being available.
H. 
An updated floor plan consistent with State regulations must be submitted to the Director.
I. 
The cannabis business shall comply with all State regulations regarding testing, labeling and storage of all cannabis products.
J. 
The cannabis business shall meet all State and local regulations for the disposal of all cannabis materials and materials used in conjunction with processing, distributing and cultivating of cannabis as well as any unsold cannabis or cannabis products.
K. 
The cannabis business shall conform to all State regulations regarding the use of appropriate weighing devices.
L. 
The cannabis business shall conform to all State and local regulations regarding water usage. No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 27) and Title 13 of the Goleta Municipal Code.
M. 
The cannabis business’s electrical and plumbing shall comply with State and local regulations, including the Building Code.
N. 
Insurance. The cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an “A” rated insurance carrier in an amount no less than $1,000,000.00 per each occurrence and $2,000,000.00 per general aggregate and name the City as an additional insured. Such insurance shall be primary and not contributing to any other insurance maintained by the City.
O. 
The cannabis business shall have separate and independent centrally-monitored fire and burglar alarm systems, which shall include all perimeter entry points and perimeter windows.
P. 
A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs and maintains the alarm system.
Q. 
All licensees hiring employees shall document compliance with the following employee safety practices:
1. 
Emergency action response planning as necessary;
2. 
Employee accident reporting and investigation policies;
3. 
Fire prevention;
4. 
Hazard communication policies, including maintenance of material safety data sheets;
5. 
Materials storage and handling policies;
6. 
Personal protective equipment policies;
7. 
Operation manager contacts;
8. 
Emergency responder contacts;
9. 
Poison control contacts;
10. 
Department of Justice LiveScan for all applicants, owners, persons having at least 20% financial interest, managers, and supervisors;
11. 
Criminal background check policy and procedures for all employees. The criminal background check will be equivalent to, and may include the use of, LiveScan, or other as approved by the City.
R. 
All persons with ownership interest, and all employees, agents, officers and other persons acting on behalf of a licensee must be at least 21 years of age.
S. 
Emergency Contact. An emergency contact that is either an on-site employee, manager, or owner with 24/7 availability shall be made available to the City Manager, Fire Chief, and Police Chief, and shall be updated with the City and other agencies when such contact changes. Both a landline and a mobile or cell number shall be designated.
T. 
A CBL shall not be issued to a person with felony convictions as reported by a Department of Justice LiveScan, as specified in subdivision (c) of Section 667.5 of the Penal Code and subdivision (c) of Section 1192.7 of the Penal Code; with criminal convictions that substantially relate to the qualifications, functions, or duties of a business or profession, including a felony conviction involving fraud, deceit, or embezzlement, or with a criminal conviction for the sale or provision of controlled substances, with the exception of cannabis.
U. 
A CBL shall not be issued to any applicant where any owner (or meets definition of owner) is found to have any felony convictions as reported by a Department of Justice LiveScan, as specified in subdivision (c) of Section 667.5 of the Penal Code and subdivision (c) of Section 1192.7 of the Penal Code; with criminal convictions that substantially relate to the qualifications, functions, or duties of a business or profession, including a felony conviction involving fraud, deceit, or embezzlement, or with a criminal conviction for the sale or provision of controlled substance, with the exception of cannabis.
V. 
Minors.
1. 
Persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a nonstorefront (delivery) service. It shall be unlawful and a violation of this chapter for any person to employ any person at a cannabis business who is not at least 21 years of age.
2. 
Notwithstanding subsection (V)(1), persons aged 18 to 20 who are in possession of a doctor’s recommendation shall be allowed on the premises of a cannabis business, solely for the purpose of addressing the medical need cited in the physician’s recommendation.
3. 
The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
W. 
Zoning. All cannabis businesses must comply with the applicable zoning regulations.
X. 
Monitoring and Compliance. The Director shall monitor a licensee for conformance to the operational standards of this chapter for all CBL types, including, but not limited to, conducting site inspections after a CBL has been issued. If any violation of this chapter, including conformance to plans submitted to the City during application process, the Director may suspend or revoke a license.
(Ord. 18-02 § 11; Ord. 19-07 § 4; Ord. 23-12 § 9)
A. 
Display of cannabis products shall be limited to only an amount necessary to provide a visual sample for customers.
B. 
All cannabis products available for sale shall be securely locked and stored.
C. 
At all times the cannabis retailer is open, the retailer shall provide at least one security guard who is registered with the Bureau of Security and Investigative Services and possesses a valid and current security guard registration card on their person while on duty.
D. 
The licensee shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately leave the site and do not consume cannabis in the vicinity of the retailer or on the property or in the parking lot.
E. 
The licensee shall comply with all State regulations regarding testing, labeling and storage of all cannabis products.
F. 
The licensee shall maintain the full name, address and telephone number(s) of all patient members to whom the business provides medicinal cannabis, and a copy of a physician-issued recommendation card or State-issued card for all patient members.
G. 
Licensees shall also record on the video surveillance system point-of-sale areas and areas where cannabis goods are displayed for sale.
H. 
Business hours of operation shall occur only from 6:00 a.m. to 10:00 p.m., seven days a week.
I. 
On-site consumption of cannabis or cannabis products is specifically prohibited on the premises at all times. The following information shall be provided on a sign posted in a conspicuous location inside the cannabis retailer: “Smoking, ingesting or consuming cannabis on this property or within 100 feet of the business is prohibited.”
J. 
There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of alcohol or tobacco by patrons.
K. 
Inventory that is not required for a single day’s sales shall be secured and locked in a room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss during nonbusiness hours. Additional product needed for daily sales may be stored in a secured, locked area to which customers, vendors and visitors shall not have access.
L. 
No cannabis product shall be visible from the exterior of the business.
M. 
All required labeling shall be maintained on all products, as required by State regulations, at all times.
N. 
Only commercially prepackaged, shelf-stable edible cannabis products may be sold.
O. 
The use of vending machines (i.e., a machine that dispenses articles when a coin, bill, or token is inserted) to dispense cannabis is prohibited.
(Ord. 18-02 § 12; Ord. 19-07 § 4; Ord. 23-12 § 10)
A. 
All cannabis businesses that have their business location outside of the City but make deliveries into the City shall be required to obtain a CBL.
1. 
These cannabis businesses shall be subject to a separate fee for a CBL.
2. 
Outside City limit operators are to provide a copy of their jurisdiction’s cannabis permit, copy of State cannabis license and seller’s permit, list of vehicles, list of drivers, proof of insurance, and additional materials that may be requested.
B. 
Operating hours of the non-storefront retailer cannabis business shall be limited to the hours of 6:00 a.m. through 10:00 p.m., seven days a week.
C. 
A non-storefront retailer may only have on site that quantity of cannabis and cannabis products up to a maximum limit set by State law, if applicable.
D. 
Prior to commencing operations, a non-storefront retailer shall provide the following information to the Director.
1. 
Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
2. 
The year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
3. 
Proof of insurance for any and all vehicles being used to deliver cannabis goods.
4. 
The licensee shall provide the Director with the information required by this chapter in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
5. 
The licensee shall notify the Director of any changes to the information required by this chapter in writing within 30 calendar days.
E. 
The non-storefront retailer licensee shall provide the City with the names and driver’s license numbers of all the business’s delivery drivers, and evidence verifying that third-party criminal background checks have been conducted for all the business’s drivers. The criminal background check will be equivalent to, and may include the use of, LiveScan or other as approved by the City. Any driver that has been convicted of driving under the influence or reckless driving within the past five years shall be prohibited from delivering cannabis to any location within the City.
F. 
All employees who deliver cannabis shall have valid identification and a copy of the retailer’s CBL at all times while making deliveries.
G. 
The cannabis business shall comply with State law regarding testing, labeling and storage of all cannabis products.
H. 
All non-storefront retailer licensees shall provide proof of insurance in a minimum amount of $1,000,000.00 for bodily injury liability and property injury for any and all vehicles being used to transport cannabis goods.
I. 
A cannabis business shall only deliver cannabis in aggregate amounts as ordered by the customer. A cannabis business shall ensure compliance with State delivery limits as regards the amount of cannabis and cannabis products.
J. 
The maximum limit of any cannabis goods carried by the delivery vehicle may not exceed the limit set by State law.
(Ord. 18-02 § 13; Ord. 19-07 § 4; Ord. 23-12 § 11)
A. 
Any manufacturing activity that will be conducted by the licensee shall be included on the application. No additional manufacturing activity can be conducted without applying for and receiving written permission from the Director for that additional activity.
B. 
The cannabis business shall comply with all State law regarding testing, labeling and storage of all cannabis products.
C. 
The licensee must allow inspections to be done by the Director or Fire Chief at any time during the hours of operation.
D. 
All cannabis manufacturing activities shall occur indoors within a fully enclosed and secured structure.
E. 
Outdoor manufacturing of cannabis is prohibited.
F. 
Any compressed gases used in the manufacturing process shall not be stored on any property within the City in containers that exceed the amount which is approved by the County of Santa Barbara Fire Department and authorized by the CBL. Each site or parcel subject to a CBL shall be limited to a total number of tanks as authorized by the County of Santa Barbara Fire Department on the property at any time.
G. 
Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
H. 
If an extraction process uses a professional grade closed loop CO2 gas extraction process system, every vessel must be certified by the manufacturer for its safe use. The CO2 must be of at least 99% purity.
I. 
Closed loop systems for compressed gas extraction systems must be manufactured and bear a permanently affixed and visible serial number.
J. 
Certification from an engineer licensed by the State of California, or by a certified industrial hygienist, must be provided to the City for a professional grade closed loop system used by any commercial cannabis manufacturing 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:
1. 
The American Society of Mechanical Engineers (ASME);
2. 
American National Standards Institute (ANSI);
3. 
Underwriters Laboratories (UL); or
4. 
The American Society for Testing and Materials (ASTM).
K. 
The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.
L. 
Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for use by the local fire code official and comply with any required fire, safety, and building code requirements related to the processing, handling, and storage of the applicable solvent or gas.
M. 
Cannabis manufacturing licensees 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.
N. 
Cannabis manufacturing licensees creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
O. 
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.
P. 
Parts per million for one gram of finished extract cannot exceed State standards for any residual solvent or gas when quality assurance tested.
(Ord. 18-02 § 14; Ord. 19-07 § 4)
A. 
Only indoor cultivation as a cannabis business is allowed.
B. 
A cannabis cultivation business shall operate the business so that no evidence of cannabis cultivation, except for signage authorized by City regulations, can be visible from the public right-of-way.
C. 
The canopy size shall be limited to 5,000 square feet.
D. 
Only one cannabis cultivation business may be located in any building.
E. 
Energy Use.
1. 
Any applicant for indoor cultivation under this chapter must provide proof of consultation with Southern California Edison (SCE) prior to application submittal including a copy of a completed and submitted SCE customer/project information sheet.
2. 
Applicant must show proof of participation in energy use assessments as follows:
a. 
If available, participation in the Resource Innovation Institute’s Calculate Powerscore tool.
b. 
If available, participation in SCE’s Savings By Design program.
F. 
Generators. The use of generators for cultivation is prohibited, except for temporary use in the event of a power outage or for emergency use.
G. 
For purposes of this subsection, emergency use is defined in accordance with 17 California Code of Regulations Section 93115, as may be amended.
H. 
For purposes of this section, the limit on use of a generator in an emergency is 90 days.
I. 
Indoor cultivation activities, including materials and equipment storage, must occur solely in fully enclosed buildings.
J. 
The cannabis business shall register with the Department of Pesticide Regulation if using any pesticides.
K. 
The Building Official may require additional specific standards to meet the California Building Code.
L. 
The cannabis business shall comply with Section 13149 of Water Code as enforced by the State Water Resources Control Board.
M. 
The cannabis business shall comply with all State law regarding testing, labeling and storage of all cannabis products.
(Ord. 18-02 § 15; Ord. 19-07 § 4)
A. 
Testing labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to State law. Each testing lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this chapter and any subsequent State of California legislation regarding the same.
B. 
Testing labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
C. 
All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control (“bureau”).
D. 
Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau.
E. 
Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by State law and that the testing laboratory employee transports the sample to the testing laboratory.
F. 
Except as provided by State law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with State law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.
G. 
A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.
H. 
Testing laboratories shall otherwise comply with all applicable State regulations.
I. 
A licensed cannabis testing licensee, its owners, employees and agents may not hold an interest in any other cannabis business except another testing business.
J. 
The licensee must allow inspections to be done by the Director or Fire Chief at any time during hours of operation.
(Ord. 18-02 § 16; Ord. 19-07 § 4)
A. 
A distributor shall not store non-cannabis goods or non-cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non-cannabis goods or non-cannabis accessories at a licensed premises. For the purposes of this chapter, non-cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Title 16 of the California Code of Regulations, Section 5000(c).
B. 
After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing.
C. 
A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises.
D. 
The distributor shall ensure that the batch size from which the sample is taken meets the requirements of State law, specifically the testing provisions within the California Code of Regulations.
E. 
A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded, and the recording kept available to State and local authorities for a minimum of 90 days, pursuant to Section 5305 of the California Code of Regulations.
F. 
A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with State health and safety requirements pursuant to Sections 5705, 5710 and 5714 of the California Code of Regulations.
G. 
Any cannabis distribution facility shall provide proof of a bond of at least $5,000.00 to cover the costs of destruction of cannabis or cannabis products if necessitated by a violation of licensing requirements or cannabis or cannabis products rejected by testing.
H. 
The licensee must allow inspections to be done by the Director or Fire Chief at any time during the hours of operation.
I. 
A licensee shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises.
J. 
A licensee shall ensure a label with the following information is physically attached to each container of each batch:
1. 
The manufacturer or cultivator’s name and license number;
2. 
The date of entry into the distributor’s storage area;
3. 
The unique identifiers and batch number associated with the batch;
4. 
A description of the cannabis goods with enough detail to easily identify the batch; and
5. 
The weight of or quantity of units in the batch.
K. 
A distributor shall store cannabis goods in a building designed to permit control of temperature and humidity and shall prevent the entry of environmental contaminants such as smoke and dust. A distributor may not store cannabis goods outdoors.
L. 
Employee breakrooms, eating areas, changing facilities, and bathrooms shall be completely separated from storage areas.
M. 
All cannabis distribution activities shall occur within a fully enclosed and secured structure and shall conform to the requirements of applicable area, community, specific and design plans.
N. 
All loading and unloading activities shall take place within a secured area.
(Ord. 18-02 § 17; Ord. 19-07 § 4)
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any CBL pursuant to this chapter or the operation of any property on which a cannabis business is located pursuant to this chapter. Before obtaining a CBL, the applicant or its legal representative shall:
A. 
Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis facility or the prosecution of the applicant or permittee or its members for violation of Federal or State laws;
B. 
Agree to defend, at its sole expense and with legal representation selected by the City, any action against the City, its agents, officers, and employees related to the approval of CBL; and
C. 
Agree to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to the City’s approval of a CBL. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
(Ord. 18-02 § 20; Ord. 19-07 § 4)
A. 
A violation of the regulations in this chapter by an act, omission, or failure of an agent, owner, officer or other person acting with or employed by a licensee within the scope of their employment or office, shall be deemed the act, omission, or failure of the licensee.
B. 
A licensee shall notify the City upon discovery of any of the following situations:
1. 
A discrepancy of more than $1,000.00 in inventory over a period of 24 hours or $3,000.00 over a period of seven days.
2. 
A reason to suspect diversion, loss, theft or any other criminal activity pertaining to the operation of the licensed cannabis business.
3. 
The loss or alteration of records related to cannabis goods, registered medicinal cannabis patients, caregivers or retailer employees or agents.
4. 
Any other reason to suspect any other breach of security.
C. 
Each and every violation of this chapter shall constitute a misdemeanor.
D. 
Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Goleta Municipal Code Chapter 1.02. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, revocation of the business’s CBL, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and State laws for any violations committed by the cannabis business and/or any owner, agent, officer, or any other person acting with or employed by the cannabis business.
E. 
City staff, code compliance officers, Police Chief, Fire Chief, and any other agents or employees of the City requesting admission for the purpose of determining compliance with this chapter shall be given unrestricted access to the property on which the cannabis business is or is to be located. A person engaging in cannabis business without a permit and associated unique identifiers required by this chapter shall be subject to civil penalties of up to twice the amount of the CBL fee for each violation, and the Director, State or local authority, or court may order the destruction of cannabis associated with that violation. A violator shall be responsible for the cost of the destruction of cannabis associated with the violation, in addition to any amount covered by a bond required as a condition of licensure. Each day of operation shall constitute a separate violation of this chapter.
(Ord. 18-02 § 21; Ord. 19-07 § 4)