The City Council of the City of Huntington Park hereby finds and determines that it is the purpose and intent of this article to regulate medical marijuana delivery services in order to promote the health, safety, morals and general welfare of the residents and businesses within the City.
(§ 4, Ord. 936-NS, eff. March 4, 2015, as amended by § 3, Ord. 2016-946, eff. April 15, 2016, § 3, Ord. 2016-952, eff. January 19, 2017, and § 3, Ord. 2022-03, eff. December 15, 2022)
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Applicant"
means a person who is required to file an application for a medical marijuana business permit under Title 3, Chapter 1, Article 24 of the Code, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a medical marijuana dispensary.
"Business"
means and includes all kinds of vocations, occupations, professions, trades, exhibitions, shows, enterprises, and establishments and all other kinds of activities and means of livelihood, whether or not carried on for profit or gain.
"Distribution"
means the procurement, sale, and transport of medical cannabis and medical cannabis products to primary caregivers and qualified patients and between entities licensed pursuant to the MCRSA and applicable laws.
"Marijuana"
shall have the same meaning as Health and Safety Code Section 11018, as amended from time to time. Marijuana shall also include any marijuana-infused product and any product manufactured from marijuana.
"Medical marijuana"
means marijuana authorized in strict compliance with the Health and Safety Code Sections 11362.5, 11362.7 et seq., as such sections may be amended from time to time. Medical marijuana shall also include any marijuana-infused product and any product manufactured from marijuana.
"Medical marijuana business permit"
means the permit required to operate a medical marijuana dispensary, nursery, transportation, distribution, cultivation and manufacturing facility, or joint medical marijuana dispensary, nursery and cultivation and manufacturing facility within the City of Huntington Park pursuant to Title 3, Chapter 1, Article 24, of this Code.
"Medical marijuana dispensary or "dispensary"
means any association, cooperative, affiliation, or collective of persons that offers medical marijuana or medical marijuana products, either individually or in any combination, for retail sale. A dispensary shall not include dispensing by primary caregivers to qualified patients in the following locations, so long as the location of the clinic, health care facility, hospice, or residential care facility is otherwise permitted by the Municipal Code or by applicable State laws.
(1) 
A clinic licensed pursuant to Chapter 1 of Division 2 of the State Health and Safety Code;
(2) 
A health care facility licensed pursuant to Chapter 2 of Division 2 of the State Health and Safety Code;
(3) 
A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the State Health and Safety Code;
(4) 
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the State Health and Safety Code;
(5) 
A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the State Health and Safety Code, provided that any such clinic, health care facility, hospice or residential care facility complies with applicable laws, including, but not limited to, Health and Safety Code Section 11362.5.
"Permittee"
means a business that has obtained a permit under this article.
"Person"
means an individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.
"Primary caregiver"
shall have the same definition as California Health and Safety Code Section 11362.7, and as may be amended, and which defines "primary caregiver" as an 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:
(1) 
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 Chapter 1 (commencing with Section 1200) of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the California Health and Safety Code; a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the California Health and Safety Code; 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.
(2) 
An individual who has been designated as 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.
(3) 
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.
"Qualified patient"
shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5. For purposes of this article, qualified patient shall include a person with an identification card, as that term is defined by California Health and Safety Code Section 11362.7 et seq.
"Transport"
means the transfer of medical cannabis or medical cannabis products.
(§ 4, Ord. 936-NS, eff. March 4, 2015, as amended by § 3, Ord. 2016-946, eff. April 15, 2016, § 3, Ord. 2016-952, eff. January 19, 2017, and § 3, Ord. 2022-03, eff. December 15, 2022)
(a) 
Medical marijuana dispensaries, exclusively located within the City, are permitted to deliver medical marijuana and/or medical marijuana-infused products within the City of Huntington Park, only if such medical marijuana dispensaries are granted a Medical Marijuana Business Permit pursuant to Title 3, Chapter 1, Article 24, of this Code as prescribed by this article.
(b) 
All medical marijuana deliveries not expressly permitted by this article are hereby prohibited.
(§ 4, Ord. 936-NS, eff. March 4, 2015, as amended by § 3, Ord. 2016-946, eff. April 15, 2016, § 3, Ord. 2016-952, eff. January 19, 2017, and § 3, Ord. 2022-03, eff. December 15, 2022)
(a) 
To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City.
(b) 
The permittees under this article hereby agree to save, defend, indemnify and keep harmless the City and its officials, officers, employees, representatives, agents and volunteers from all actions, claims, demands, litigation, or proceedings, including those for attorneys' fees, against the City in consequence of the granting of this permit, and will in all things strictly comply with the conditions under which this permit is granted, if any.
(§ 4, Ord. 936-NS, eff. March 4, 2015, as amended by § 3, Ord. 2016-946, eff. April 15, 2016, § 3, Ord. 2016-952, eff. January 19, 2017, and § 3, Ord. 2022-03, eff. December 15, 2022)
(a) 
Cure Period. In the event the permittee has violated any provisions, rules or regulations of this article or has violated or permitted the infraction of any law of the State or the City, the permittee shall be provided notice and given 20 days to cure the violation before any penalties begin to accrue. The 20 day cure period shall not apply to any medical marijuana business operating within the City of Huntington Park without a valid permit, or any business that is required to have a permit under Title 3, Chapter 1, Article 24 of this Code, that is delivering medical marijuana and/or medical marijuana-infused products within the City of Huntington Park without a valid permit and penalties shall begin to accrue immediately.
(b) 
Violations. After the cure period, each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code and the State of California.
(c) 
Penalties. Any person guilty of a misdemeanor pursuant to the provisions of this article shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(d) 
Public Nuisances. In addition to the penalties provided for violations, any condition caused or permitted to exist in violation of any of the provisions of this article after the cure period shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such violation continues shall be regarded as a new and separate offense.
(§ 4, Ord. 936-NS, eff. March 4, 2015, as amended by § 3, Ord. 2016-946, eff. April 15, 2016, § 3, Ord. 2016-952, eff. January 19, 2017, and § 3, Ord. 2022-03, eff. December 15, 2022)