This chapter is adopted pursuant to the legal mandate imposed
by the state of California via Business and Professions Code Section
26320. Nothing in this chapter is intended to authorize any activity
that is contrary to California law.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
The regulations in this chapter will be automatically repealed
without additional action by the city council should Business and
Professions Code Section 26322 be repealed by the California Legislature
or be invalidated by a court of competent jurisdiction.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
The owners and operators of a delivery-only medical cannabis
retailer, together with any person listed as the permittee or applicant
on the delivery- only medical cannabis retailer application, are responsible
for ensuring that the delivery-only medical cannabis retailer is,
at all times, operating in a manner compliant with all applicable
law.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this chapter. Words and phrases undefined in this
chapter have the same meaning as set forth in the Compassionate Use
Act; the Medical Cannabis Program Act; the Control, Regulate and Tax
Adult Use of Cannabis Act; or the Medicinal and Adult-use Cannabis
Regulation and Safety Act.
is defined in Health and Safety Code Section 11018.
means the commercial transfer of nonmedical cannabis or nonmedical
cannabis products from a dispensary or delivery-only medical cannabis
retailer to a customer over 21 years of age, or the commercial transfer
of medical cannabis or medical cannabis products to a primary caregiver
or qualified patient as defined in Health and Safety Code Section
11362.7. "Delivery" also includes the use by a dispensary or delivery-only
medical cannabis retailer of any technology platform owned and controlled
by the dispensary, delivery-only medical cannabis retailer, or independently
licensed under California law, which enables customers or qualified
patients or primary caregivers to arrange for or facilitate the commercial
transfer by a licensed dispensary or delivery-only medical cannabis
retailer of cannabis or cannabis products.
means a regulatory permit issued pursuant to this chapter.
means a non-storefront delivery retailer authorized to engage
in the retail sale by delivery of medical cannabis to qualified patients
pursuant to an M-license.
means a document issued by the state of California that identifies
a person authorized to engage in the medical use of cannabis and the
person's designated primary caregiver, if any.
is a dispensary that offers or delivers medical cannabis
and medical cannabis products for retail sale to qualified patients
and primary caregivers.
means a product containing cannabis, including, without limitation,
concentrates and extractions, intended to be sold for use by medical
cannabis patients in California pursuant to Health and Safety Code
Section 11362.5. "Medical cannabis" does not include "industrial hemp"
as defined by Food and Agricultural Code Section 81000 or Health and
Safety Code Section 11018.5.
means an operating plan that implements the standard requirements
of this chapter along with such additional, reasonable, criteria needed
to protect public health and safety as determined by the police chief
based upon the size and location of the proposed cannabis-related
business.
means an individual who is a qualified patient who has applied
for and received a valid identification card pursuant to Health &
Safety Code Section 11362.7, et seq.
means the police chief or any other individual appointed
by the city manager or approved pursuant to written agreement for
law enforcement services executed pursuant to Government Code Section
54981.
means the individual, designated by a qualified patient or
by a person with an identification card, who has consistently assumed
responsibility for the housing, health, or safety of that patient
or person, and may include any of the following:
In any case in which a qualified patient or person with an identification
card receives medical care or supportive services, or both, from a
clinic licensed pursuant to Health and Safety Code Section 1200, et
seq., a health care facility licensed pursuant to Health and Safety
Code Section 1250, et seq., a residential care facility for persons
with chronic life-threatening illness licensed pursuant to Health
and Safety Code Section 1568.01, et seq., a residential care facility
for the elderly licensed pursuant to Health and Safety Code Section
1569, et seq., a hospice, or a home health agency licensed pursuant
to Health and Safety Code Section 1725, et seq., the owner or operator,
or no more than three employees who are designated by the owner or
operator, of the clinic, facility, hospice, or home health agency,
if designated as a primary caregiver by that qualified patient or
person with an identification card.
An individual who has been designated as a primary caregiver
by more than one qualified patient or person with an identification
card, if every qualified patient or person with an identification
card who has designated that individual as a primary caregiver resides
in the same city or county as the primary caregiver.
An individual who has been designated as a primary caregiver
by a qualified patient or person with an identification card who resides
in a city or county other than that of the primary caregiver, if the
individual has not been designated as a primary caregiver by any other
qualified patient or person with an identification card.
A primary caregiver must be at least 18 years old, unless the
primary caregiver is the parent of a minor child who is a qualified
patient or a person with an identification card or the primary caregiver
is a person otherwise entitled to make medical decisions under state
law pursuant to Family Code Section 6922, 7002, 7050, or 7120.
means a person who is entitled to the protections of Health
and Safety Code Section 11362.5.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
It is unlawful for any person to engage in or operate a delivery-only
medical cannabis retailer in the city unless the person posses a valid
delivery-only medical cannabis retailer permit from the city; and
complies with all applicable law governing the delivery-only medical
cannabis retailer, including the duty to obtain and maintain any required
state license(s).
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
(a)
Delivery-only medical cannabis retailer permit applications
must be made on a form approved by the city manager, or designee,
and accompanied by all information requested on the application.
(b)
Each application must be accompanied by an application fee,
the amount of which will be set by city council resolution. Any application
fee is in addition to any permit fee separately established by city
council resolution.
(c)
The application must identify the address of the location where
the delivery-only medical cannabis retailer is proposed to operate.
(d)
No person may apply for a delivery-only medical cannabis retailer permit until and unless a conditional use permit issued pursuant to Title 21 of this code authorizes a delivery-only medical cannabis retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a delivery-only medical cannabis retailer permit required by this chapter. Before an application for a delivery-only medical cannabis retailer permit will be accepted by the city for processing, the applicant must provide, on a form approved by the city manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a delivery-only medical cannabis retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related use on the subject property must accompany the application for a delivery-only medical cannabis retailer permit. Only one application per parcel will be accepted and processed by the city at a given time. If an application for a delivery-only medical cannabis retailer permit is denied, a subsequent application for a delivery-only medical cannabis retailer permit on the same parcel may be accepted by the city only after one year following the denial is final and all available administrative and judicial remedies are exhausted.
(e)
Completed applications must be submitted to the city manager,
or designee. Only complete applications will be considered. An application
is complete if it is submitted with all of the information requested
therein, together with full payment of the application fee. Applications
will be considered in the order they are received. The city manager,
or designee, may require supplemental information from any applicant
before deeming an application complete. Such information must be provided
to the city manager, or designee, within seven business days. Failure
to provide the information results in the application losing its priority
in the queue and will not be considered "received" until the date
that all requested supplemental information is provided to the city
manager, or designee.
(f)
The city council may, by resolution, establish minimum threshold
qualifications for all delivery-only medical cannabis retailer permit
applicants including, without limitation, qualifications relating
to previous relevant business experience, criminal history, minimum
liquid assets, and/or net worth. Every application for a delivery-only
medical cannabis retailer permit must be accompanied by credible evidence
demonstrating that the applicant meets or exceeds each of the threshold
requirements established by the city council.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
Each delivery-only medical cannabis retailer permit issued pursuant
to this chapter must be activated within 30 days after the city approves
the delivery-only medical cannabis retailer permit. Activation occurs
when the permittee pays all fees required by this chapter; accepts
all conditions; provides evidence that it was issued a valid conditional
use permit; and provides evidence that it applied with the state of
California for all required permits.
Each delivery-only medical cannabis retailer permit issued pursuant
to this chapter expires 12 months after the date it is issued. Delivery-only
medical cannabis retailer permits may be renewed as provided in this
chapter.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
(a)
An application for renewal of a delivery-only medical cannabis
retailer permit must be filed at least 60 calendar days before the
expiration of the current permit.
(b)
The renewal application must contain all the information required
for a new application.
(c)
The renewal application must be accompanied by a renewal fee
established by city council resolution.
(d)
The renewal application must be denied if any of the following
circumstances exists:
(1)
The renewal application is filed less than 60 calendar days
before expiration of the permit.
(2)
The delivery-only medical cannabis retailer permit is suspended
at the time of the renewal application.
(3)
The delivery-only medical cannabis retailer has not been in
regular and continuous operation in the four months before the renewal
application.
(4)
The delivery-only medical cannabis retailer failed to conform
to the requirements of this chapter, any regulations adopted pursuant
to this chapter, or applicable state law.
(5)
The permittee does not possess a valid license from the state
of California, if required by law.
(e)
The city manager, or designee, is authorized to make all decisions
concerning applications for renewal. The city manager, or designee,
may impose additional conditions on a renewal permit if he or she
determines it is necessary to ensure compliance with state or local
laws and regulations or to preserve and protect the public health,
safety, or welfare.
(f)
If a renewal application is denied for any reason, the permittee
will be barred from renewing the delivery-only medical cannabis retailer
permit. If the permittee wishes to obtain another delivery-only medical
cannabis retailer permit, they must file a new application as set
forth in this chapter.
(g)
The city manager's decision with respect to a renewal application
is the city's final decision.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
(a)
It is unlawful for any person to operate a delivery-only medical
cannabis retailer at any location other than the location specifically
authorized and identified on a city-issued delivery-only medical cannabis
retailer permit.
(b)
No person may transfer an ownership interest, ownership, or
control of a delivery-only medical cannabis retailer or transfer any
delivery-only medical cannabis retailer permit issued under this chapter.
It is unlawful for a delivery-only medical cannabis retailer permittee
to sell or transfer a delivery-only medical cannabis retailer permit
to another party. Any attempt to transfer an ownership interest or
ownership of a delivery-only medical cannabis retailer, or of a delivery-only
medical cannabis retailer permit, will automatically render the delivery-only
medical cannabis retailer permit void.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
In consideration of the privilege for obtaining a delivery-only
medical cannabis retailer permit pursuant to this chapter, and in
addition to any other requirements of this chapter, a permittee must
pay to the city the following:
(a)
Permit Fee.
(1)
During the term of any permit, the permittee will pay the city
an annual fee (the "permit fee") as established by city council resolution.
(2)
The permit fee is due and payable annually on the anniversary
date of the permit without demand and upon filing of the report required
by this section. Any fees or expenses charged to permittees by the
city pursuant to this section, or any other provision of the permit,
unless disputed in good faith, must be paid when due or are deemed
delinquent. Any undisputed delinquent amounts will accrue an interest
rate of 10% per annum. Any neglect, omission or refusal by permittee
to pay any undisputed delinquent fee with any late charges, within
30 days of written demand for payment is grounds for the city to declare
the permit forfeited pursuant to the procedures established by this
chapter.
(3)
Payments must be made as determined by the city manager, or
designee. The permit fee must be paid annually during the term of
the permit, including the year of granting the permit.
(b)
Annual Increase.
(1)
The amount of each annual payment of the permit fee is subject
to an increase after the first year of the permit and each subsequent
year.
(2)
The increase is based on the annual change in the Consumer Price
Index (CPI), All Urban Consumers, for the Los Angeles-Riverside-Orange
County area (1982-84 = 100), as published by the United States Bureau
of Labor Statistics, Department of Labor, for the month of September
immediately preceding the month in which payment is due and payable
CPI for the year. If the Index is discontinued or revised during the
term of this permit, such other governmental price index or computation
with which it is replaced chosen by the city will be used in order
to obtain substantially the same result as would be obtained if the
Index had not been discontinued or revised.
(c)
Reports Required. A permittee must file with the city clerk
and finance director, on or before January 31st after the expiration
of the calendar year, or fractional calendar year, following the date
of the granting of this permit and on or before January 31st after
the expiration of each calendar year thereafter, two copies of a report
duly verified by the oath of the permittee or by the oath of a duly
authorized representative of the permittee, showing for the immediately
preceding permit period:
(1)
The total gross receipts received by the permittee from the
sale of cannabis and the use, operation or possession of this permit
during the preceding calendar year, or fractional calendar year.
(d)
Any neglect, omission or refusal by permittee to file the verified
statement required by the permit, or to pay any required payments
at the time and in the manner specified is grounds for the declaration
of a forfeiture of this permit and of all rights and privileges of
permittee hereunder, provided that permittee has not cured said neglect,
omission, or refusal to file or pay within 15 days following written
notice from the city of failure to file or pay the required amount,
or, if such neglect, omission or refusal is not reasonably subject
to cure within such 15-day period, permittee has not commenced to
cure such neglect, omission or refusal within such 15-day period and
has not continued to prosecute such cure to completion.
(e)
The fee required by this section is in addition to any taxes
imposed upon a cannabis business.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
A conditional use permit issued pursuant to this code for a
delivery-only medical cannabis retailer permit must include, as a
condition of approval, the operational standards set forth in this
chapter. In addition, the conditional use permit must incorporate
by reference an operations plan approved by the police chief, or designee.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
(a)
To operate, a delivery-only medical cannabis retailer must obtain
and maintain both the proper license from the state of California
and a delivery-only medical cannabis retailer permit as set forth
in this chapter.
(b)
Subject to the conditions imposed by this chapter, mobile delivery
privileges may be suspended or terminated by the city manager, or
designee, as set forth in this chapter.
(c)
It is unlawful for alcohol or tobacco to be sold by a delivery-only
medical cannabis retailer. Further, it is unlawful for smoking, vaporization,
ingestion or consumption of alcohol, tobacco or cannabis in any form,
to occur on the premises of a delivery-only medical cannabis retailer.
(d)
It is unlawful for cannabis or cannabis products to be publicly
visible from the exterior of the property of a delivery-only medical
cannabis retailer.
(e)
All cannabis and cannabis products sold or otherwise made available
at a delivery-only medical cannabis retailer must be cultivated, manufactured,
and transported by licensed facilities that maintain operations in
full conformance with applicable law.
(f)
Each delivery-only medical cannabis retailer must provide the
city manager, or designee, with the name and telephone number of an
on-site employee or owner to whom emergency notice can be provided.
The telephone number provided must be capable of accepting recorded
voice messages in the event the contact person does not answer.
(g)
It is unlawful for any person under 21 years of age to be allowed
on the premises of a delivery-only medical cannabis retailer unless
such person possesses a valid identification card issued by the state
of California.
(h)
It is unlawful for any person to employ another person under
the age of 21 at a delivery-only medical cannabis retailer.
(i)
Uniformed security personnel must be employed to monitor all
entrances and exits of the delivery-only medical cannabis retailer
and to serve as a visual deterrent to unlawful activities during all
hours of operation. Every security guard employed by or provided by
the delivery-only medical cannabis retailer must be currently licensed
by the state of California and in possession of a valid "guard card."
The number of such security personnel must be set forth in the operations
plan.
(j)
Odor control devices and techniques must be incorporated in
a delivery-only medical cannabis retailer to ensure that odors from
cannabis are not detectable outside of the delivery-only medical cannabis
retailer or in any tenant space or area adjacent to the delivery-only
medical cannabis retailer.
(k)
All law enforcement personnel seeking admission to the delivery-only
medical cannabis retailer for the purpose of ascertaining compliance
with the standards and regulations of this code must always be given
unrestricted access to all areas of the premises during hours of operation.
Consent to such unrestricted access must be acknowledged by the permittee
and included within the operations plan.
(l)
All interior spaces of the retailer (except restrooms), and
all entrances and exits to and from the premises, must be monitored
by 24-hour video security surveillance of at least HD quality with
night vision capability. The video security system must be compatible
with software and hardware utilized by the city as determined by the
police chief and set forth in the operations plan. Surveillance video
must be recorded to a device that is securely located on the premises
and all footage must be maintained for a minimum of 45 days. The video
surveillance system specifications must be set forth in the operations
plan before the city issues a certificate of occupancy for the delivery-only
medical cannabis retailer.
(m)
A delivery-only medical cannabis retailer must have a professionally
installed, maintained, and monitored alarm system as approved through
the operations plan.
(n)
A delivery-only medical cannabis retailer must maintain a valid
business license as required by this code.
(o)
All food products, food storage facilities, food-related utensils,
equipment and materials must be approved, used, managed and handled
in accordance with Health and Safety Code Section 113700, et seq.
All food products must be protected from contamination at all times,
and all food handlers must be clean, in good health, and free from
communicable diseases. The Los Angeles County department of public
health may inspect the delivery-only medical cannabis retailer at
any time during business hours to ensure compliance with applicable
law.
(p)
It is unlawful for a physician to be permitted in a delivery-only
medical cannabis retailer at any time for the purpose of evaluating
patients to issue a medical cannabis prescription or identification
card.
(q)
As part of the operations plan, permittees must execute an agreement
in a form approved by the city attorney that defends and indemnifies
the city of Monterey Park, along with its officials, officers, and
employees, from any claim or liability arising from the city approving
a delivery-only medical cannabis retailer permit. Such agreement must
be secured with sufficient insurance, as determined by the city attorney,
and a surety, as approved by the city attorney, to adequately protect
the city from any and all liability.
(r)
A delivery-only medical cannabis retailer permit is subject
to all of the regulations and operational standards set forth in this
section in addition to the conditions stated in the permit itself.
(s)
Before dispensing medical cannabis or medical cannabis products
to any person under the age of 21, the delivery-only medical cannabis
retailer must verify that the person possesses a valid identification
card.
(t)
It is unlawful for any member of the public to be allowed on
the premises of delivery-only medical cannabis retailer.
(u)
A delivery-only medical cannabis retailer may sell by delivery
medical cannabis, medical cannabis products, and medical cannabis
accessories to a person 18 years of age or older who possesses a valid
identification card under Health and Safety Code Section 11362.71
and a valid government-issued identification card.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
It is unlawful for any person under the age of 21 to be allowed
to serve as a delivery driver and no person or permittee can employ
a person under the age of 21 for the purpose of making mobile deliveries
of any cannabis product.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
No delivery driver may carry more than $200 in cash while engaged
in the service of delivering medical cannabis or medical cannabis
products.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
A violation of this chapter constitutes a misdemeanor. The city
attorney may, at his or her discretion, reduce a violation to an infraction.
Any violation of this chapter may also be abated as a public nuisance.
The remedies provided by this chapter are cumulative and in addition
to any other criminal or civil remedies.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
(a)
In addition to any other penalty authorized by law, the city
manager, or designee, may suspend or revoke a delivery-only medical
cannabis retailer permit for the following reasons:
(1)
Upon learning or discovering facts that require permit denial
under this chapter that were not previously disclosed or reasonably
discoverable;
(2)
If the permittee violates any condition imposed by this chapter
or by the terms of the permit; or
(3)
Violation of any law of moral turpitude, including, without
limitation, a criminal conviction or civil liability arising from
a complaint filed in a court of competent jurisdiction.
(b)
Notice of Suspension or Revocation. If after having determined
that adequate grounds exist the city manager, or designee, elects
to suspend or revoke a delivery-only medical cannabis retailer permit,
the city manager, or designee, must serve a notice of suspension or
revocation on the permittee. The notice must state the reason(s) for
the action and provide information regarding the right to a hearing
before the city manager. Except as otherwise provided, the suspension
or revocation of the permit does not become effective until the time
for filing a request for hearing has passed or, if a request for hearing
is timely filed, until the decision of the city manager, or designee,
is final.
(c)
The notice of suspension or revocation will be sent to the business
address indicated on the permit. Service is deemed complete one business
day after deposit in the United States mail.
(d)
A permittee that has been served with a notice of suspension
of revocation may, within five business days, request a hearing before
the city manager, or designee. The request must be made on a form
approved by the city manager or designee.
(e)
If a timely request for a hearing is made by the permittee,
the city manager, or designee, will schedule a hearing within 30 days.
The hearing may be held in the office of the city manager, or designee,
or at an alternative location designated by the city manager, or designee.
The permittee will be notified of the time and place of the hearing
at least 10 days before the scheduled date.
(f)
If the city manager, or designee, determines, in his or her
sole discretion, that the continued operation of the delivery-only
medical cannabis retailer presents an imminent threat to the public
health, safety or welfare, the suspension or revocation becomes effective
immediately upon notice thereof. In such a case, if the permittee
requests a hearing before the city manager, or designee, the hearing
will be scheduled within seven business days. The permittee will be
notified of the time and place of the hearing at least 48 hours before
the scheduled date. Notice may be given by any means reasonably calculated
to provide actual notice to the permittee including, without limitation,
mailed notice or telephonic notice.
(g)
The permittee may present written and/or oral testimony and
evidence at the hearing and will be provided 30 minutes for a presentation.
Formal rules of evidence and procedure applicable in a court of law
do not apply. The city manager, or designee, may, in his or her sole
discretion, provide the permittee additional time to present evidence,
testimony and argument.
(h)
The city manager, or designee, will issue a written decision
within 10 business days of the hearing. If the suspension or revocation
was made immediately effective, the city manager's written decision
will be issued within five business days of the hearing. The city
manager's, or designee's, decision is the city's final
decision.
(i)
Effect of Revocation. If a delivery-only medical cannabis retailer
permit is revoked, the former permittee is presumptively disqualified
to apply for a new permit for a period of two years from the effective
date of the revocation. This presumption may be overcome upon a showing
of good cause as to why a permit should be issued following a revocation.
Any such showing must be made to the city manager's, or designee's,
satisfaction.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
