The definitions for cannabis uses in this chapter shall be as defined in Section
19.90.020 of the municipal code. Additionally, the following definitions apply:
"Continual operation"
shall mean the business operates continuously and does not
have a closure of operations for more than sixty consecutive days,
except for closures that result from mandatory government closures,
earthquakes, weather, civil unrest, global pandemics, and other factors
beyond the business's control.
"Legacy medical business"
shall mean the four existing medical cannabis collectives
that were lawfully operating in the City of West Hollywood on December
31, 2017.
"Top eight ranking adult use applicants"
means the top eight ranking adult use applicants from the
city's May 2018, screening application process.
All references to the May 2018 screening application or process
refer to the call for cannabis business license screening applications,
committee member review, scoring, and ranking of applications between
May 2018 and February 2019, that resulted in the adoption of Resolution
No. 19-CAEC1 by the Cannabis Application Evaluation Committee.
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(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. Cannabis Business License Screening Application. In addition to the information prescribed by the Director pursuant to the authority set forth in Section
5.08.040, all screening applications for a license to conduct a cannabis adult-use retail establishment, consumption area, delivery service, or a cannabis medical-use dispensary, shall contain information related to the following categories:
2. Physical
design and concept;
4. Experience.
Screening applications may be accepted without having secured a physical business location; however, a physical location shall be required prior to issuance of a business license by the city. Pursuant to Section 5.70.035, the specific criteria and weighting points for each of the categories listed above will be determined prior to the commencement of the initial screening application period and posted publicly.
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b. Zone Clearance Application. If selected through the screening process as one of the top eight applicants in one of the license categories, cannabis businesses shall submit a zone clearance application in conformance with Section
19.10.030. All exterior building improvements, including façade improvements, shall be reviewed for conformance with the city's design standards prior to issuance of a zone clearance. The zone clearance for the location does not excuse compliance with any other requirement in the Zoning Ordinance or Building Code and any additional permits required may be obtained after the business license is issued but before operation.
c. Cannabis Business License Application. After obtaining an approved zone clearance, cannabis businesses shall submit a business license application to include all information required in Section
5.08.040 and the additional information described below, if applicable for a certain business type.
1. All
the information provided in subsection (a), Cannabis business license
screening application;
2. In
the event the applicant is not the owner of record of the real property
upon which the cannabis business is or is to be located, the application
must be accompanied by a notarized statement and consent from the
owner of the property acknowledging that a cannabis business is or
will be located on the property. In addition to furnishing such notarized
statement, the applicant shall furnish the name and address of the
owner of record of the property, as well as a copy of the lease or
rental agreement pertaining to the premises in which the cannabis
business is or will be located;
3. An
executed release of liability and hold harmless in the form set forth
in the city's application form;
4. A
description of the procedure for documenting the source of the cannabis
to be dispensed by the cannabis use. If the cannabis is cultivated
or manufactured off-site, documentation that the off-site location
is compliant with the zoning regulations of the jurisdiction in which
it is located;
5. Text
and graphic materials showing the site in the context of the immediate
neighborhood and floor plan of the facility;
6. A
description of the screening, registration and validation process
for qualified medical cannabis patients and that purchasers of medical-use
cannabis are eighteen years of age or older and adult-use cannabis
are twenty-one years of age or older;
7. A
description of qualified patient records acquisition and retention
procedures for medical-use dispensaries;
8. A
description of the process for tracking cannabis quantities and inventory
controls, including on-site cultivation (if any), processing and cannabis
products received from outside sources;
9. A description of measures taken to minimize or offset energy use from the cultivation or processing of cannabis plants and products, if these uses are proposed as ancillary uses under Section
19.36.030;
10. A description of chemicals stored or used on-site and any effluent
proposed to be discharged into the city's wastewater or storm water
systems;
11. Authorization for the city to verify the information and representations
contained in the application;
12. Delivery Services Application. A description of
any cannabis delivery service, including number of delivery vehicles,
location of vehicle storage, and extent of delivery area;
13. If consumption, cultivation, retail sales, dispensing, storage, or manufacturing is a planned part of the business, a description and plan of the odor control system to be utilized, such as roof ventilation and/or carbon air filtration, or other applicable odor control as required for compliance with Sections
5.70.040(k),
5.70.041(k), and 5.70.043(p);
14. If on-site consumption (including smoking, vaping, and ingestion
of edible cannabis products) is a planned part of the business, provide
a description of the consumption area. The onsite consumption plan
must include: the site plan;
A. The secured location of the on-site consumption area clearly identified
as part of the site plan;
B. A detailed description of how to prevent the visibility from any
public place or non-age-restricted area (e.g. types of windows used,
and/or example elevations as seen from the public right-of-way) pursuant
to state law;
C. A detailed description of how access will be limited to persons twenty-one
years of age or older; and
D. If smoking and vaping of cannabis products is proposed, a detailed description of compliance with Section
7.08.030 (Smoking Regulations) in the municipal code.
15. If manufacturing or cultivation is a planned part of the business as ancillary uses under Section
19.36.030, a Hazard Analysis Plan or equivalent document must be submitted to and approved by the Los Angeles County Fire Department as part of the application; and
16. Any additional information deemed relevant by the Director.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 3, 2018; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. The
applicant, and any existing or prospective manager, must be at least
twenty-one years of age.
b. The
applicant, or any existing or prospective manager, must not have had
a similar type of license previously revoked or denied for good cause
within the immediately preceding two years prior to the license application.
c. The
applicant and proposed manager shall undergo a background investigation.
Neither the applicant, nor any proposed or prospective manager, shall
have been convicted of:
1. Any
offense relating to possession, manufacture, sales, or distribution
of a controlled substance, with the exception of cannabis related
offenses;
2. Any
offense involving the use of force or violence upon the person of
another;
3. Any
offense involving theft, fraud, dishonesty or deceit;
4. Sales
of cannabis to a minor or use of a minor to distribute cannabis.
For purposes of this subsection (c), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to the provisions in Section 5.08.080 (Grounds for Denial of Business License) and any applicable provisions of state law.
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d. The location for which the license is sought shall not be located within six hundred feet of a day care center, youth center or school, and otherwise comply with Sections
7.08.030,
19.10.030,
19.36.091,
19.36.092,
19.36.093,
19.36.340,
19.90.020, of the municipal code. For purposes of this section, youth center shall mean any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities as defined by state law; day care center means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers as defined by state law; and school shall mean any property containing a structure which is used for education or instruction, whether public or private, at grade levels kindergarten through 12.
e. There
shall be no more than the following number of cannabis business licenses
issued at any one time in the following activity categories (1) –
(5):
1. Eight
adult-use retail business licenses.
2. Eight
consumption area (smoking, vaping, ingestion) with on-site adult-use
retail (sales of products to be consumed on-site) business licenses.
3. Eight
consumption area (edible ingestion only) with on-site adult-use retail
(sales of products to be consumed on-site) business licenses.
4. Eight
medical-use dispensary business licenses (which includes the legacy
medical business licenses authorized in this chapter).
5. Eight
business licenses for cannabis delivery services located in West Hollywood
and no limit on the amount of business licenses issued for cannabis
delivery services that are located outside the city limits and deliver
cannabis to customers within the City of West Hollywood.
f. A separate business license is required for each cannabis business activity listed in subsection
(e). Multiple cannabis business activities are allowed at one location.
g. No separate
cannabis business license is required for cannabis testing laboratories.
h. An applicant
may not apply for, or possess, more than one of the same type of cannabis
business license.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 4, 2018; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. There
shall be an initial 30-day cannabis business license screening application
period to be determined by the City Manager, or designee. Subsequent
cannabis business license screening application periods shall commence
upon certification by the City Manager, or designee, that additional
Cannabis Licenses are available and shall close 30 days after such
certification. A subsequent screening application period shall not
be commenced for any available consumption area (edible/ingestion
only) licenses until July 1, 2030.
1. Waitlist
Rule. The following rule applies to all license categories other than
consumption area (edible/ingestion only) licenses. If any of the top
ranked applicants have not secured a business license by the specified
deadlines in subsection (h) below, the City Manager shall invite the
next ranked applicant from the results of the City’s May 2018
screening application process in the applicable license category to
apply for the requisite business license; however, the applicant waitlist
shall expire on July 1, 2025. Once the waitlist applicant is notified
of the right to apply for a vacant license, the applicant shall respond
to the City in writing within 60 days of the date of the notice with
a notice of intent to proceed with the licensing process, and secure
a business license from the Business License Commission within 12
months of the date of the notice, or forfeit the ability to obtain
the license. If the waitlist applicant fails to respond or fails to
secure a license within that time frame, the ability to obtain a business
license shall terminate.
b. An application
evaluation committee composed of at a minimum three individuals with
demonstrated experience in either city government or the cannabis
industry, with no business interests in the City of West Hollywood
shall be appointed by the City Manager to review and score each application
based on the general criteria listed below. The specific criteria
and weighting (points per criteria) for each license type will be
determined prior to the commencement of the initial screening application
period and posted publicly. Each application will be independently
scored by the evaluation committee members.
c. The
following general criteria shall be used to rank applications:
1. Previous
adult-use retail, medical-use dispensing, or consumption area operation
experience that was subject to state cannabis regulation, or experience
in a similarly state-regulated activity (by way of example and not
limitation, alcohol sales).
2. Ability
to demonstrate the quality of cannabis strains and derivative product
offerings.
3. Employee
training, standard operating procedures, online ordering systems and
procedures for providing medical cannabis to disadvantaged or disabled
persons.
4. Social
equity in terms of provision of providing a living wage and employee
benefits and compliance with local, state, and federal employee non-discrimination
policies.
6. Pre-existing
West Hollywood cannabis business that has no outstanding code violations
with the city and is in compliance with local and state laws.
7. Ability
to meet City of West Hollywood Urban Design Standards.
8. Additional
information that demonstrates the ability to operate in a safe and
responsible manner in the city, including, without limitation, a review
of the quality and thoroughness of application materials, connection
to West Hollywood, ability to serve West Hollywood, familiarity with
the city, and innovative boutique business models consistent with
the West Hollywood community.
d. Prior
to scoring applications city staff shall review applications for general
compliance with the city's municipal code or any other applicable
laws, and shall reject any application which does not meet such requirements.
Rejected applications shall not be scored. The city shall also disqualify
any application that contains any false or misleading information.
e. The
scores awarded by the application evaluation committee shall be totaled
and averaged for each applicant. The applicants shall then be ranked
from highest to lowest based on their scores.
f. The top eight applicants in each license category (or applicants applying for vacated licenses) based on points are required to secure a viable business location if one has not been secured and apply for and obtain a zone clearance (Chapter
19.42 of the municipal code) from the West Hollywood Community Development Department after being notified that their application has been accepted and ranked as one of the top eight applicants (or available vacated licenses).
g. Top
ranked applicants (eight in each category) that have obtained a zone
clearance from the city are required to be reviewed and approved by
the Business License Commission prior to issuance of a business license
by the city.
h. If any
of the top eight ranking applicants in each of the license categories
have not secured a business license from the city within thirty-six
months of the city notifying them they were one of the top eight ranking
applicants, their ability to obtain a business license shall terminate.
The right to a obtain a license that was forfeited for failure to
secure a license by the applicable deadline prior to August 3, 2020
(the effective date of this ordinance) remains forfeited and is not
revived by this ordinance.
i. If any of the top eight ranking applicants in any of the license categories have failed to open the business and become operational within two years of securing Business License Commission approval of the license (as required under subsection
(h), all rights to the license shall terminate and be forfeited. Notwithstanding, upon showing of significant and diligent progress towards opening, the city may provide extensions as follows:
1. Allowable Extensions.
A.
No more than five total six-month extensions of time shall be
issued to become operational after Business License Commission approval.
B.
Notwithstanding above, the city may provide up to three additional six-month extensions of time to become operational, in addition to the extensions reflected in Subsection (i)(1)(A), for a total of eight six-month extensions after Business License Commission approval for applicants that were required to obtain a development permit and building permit under West Hollywood Municipal Code Title
19, and Title
13 for the purposes of constructing a new building to house the business.
C.
Notwithstanding the above, applicants from the waitlist are
only eligible for two total six-month extensions provided under subsection
(i) after Business License Commission approval.
2. "Significant and diligent progress towards opening" means having
demonstrated compliance with the following:
A.
Applicants shall have an operative lease for the business location
or hold title to the property no later than July 1, 2024, in order
to be eligible for extensions after July 1, 2024.
B.
Applicants shall resubmit plans within ninety days from the
date that comments are communicated from the city on a planning or
building and safety permit or plan check submittal.
C.
Once building permits have been issued, applicants shall diligently
call for the required inspection needed to move forward to the next
phase of construction, and the following additional factors will be
considered:
i.
Having ordered equipment, including, but not limited to, point
of sale (POS) and inventory control systems, odor control equipment,
or other equipment necessary for business operations;
ii.
Having ordered fixtures and finishes for tenant improvements
to be installed promptly upon arrival;
iii. Having secured cannabis supply for the business;
iv.
Having engaged a security company to implement the approved
security plan;
v.
Having pursued hiring employees for the business, including
posting an active job listing through a credible job posting source
or interviewing of employees; or
vi.
Having pursued inspections with utility or other agencies required
to give approval for on city permits (e.g., Fire Department, Health
Department, power company, etc.).
j. Applicants
that have approved licenses issued by the city shall obtain a license
from the state, as well as any other required local permits from the
city (i.e., building permits) or other local agencies (i.e., Los Angeles
County Fire Department, Sheriff's Office, or Health Department) prior
to operating a cannabis business in the city.
(Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 5, 2018; Ord. 19-1092 § 1, 2019; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020; Ord. 22-1182 § 2, 2022; Ord. 24-02, 2/5/2024; Ord. 24-15, 5/20/2024; Ord.
24-16, 6/24/2024)
All adult-use retailers in the city shall operate in conformance
with the following operating requirements:
a. Security
shall comply with the following minimum standards:
1. Adult-use
retail businesses shall provide adequate security and lighting on
site to ensure the safety of persons and protect the premises from
theft at all times in conformance with the security plan submitted
with the license's application.
2. All
security guards employed by adult-use retail businesses shall be licensed
and possess a valid Department of Consumer Affairs "Security Guard
Card" at all times. Adult-use retailer's security guards shall not
possess firearms or tasers.
3. Adult-use
retail businesses shall provide a neighborhood security guard patrol
for a two-block radius surrounding the business during all hours of
operation.
b. There
shall be no on-site sales of alcohol or tobacco products, and no on-site
consumption of alcohol or tobacco products by patrons or employees.
c. Hours
of operation shall be limited to: Monday through Sunday, 6:00 a.m.
to 2:00 a.m., or as further limited by the Business License Commission
or state law.
d. Adult-use
retailers shall notify patrons of the following verbally and through
posting of a sign in a conspicuous location readily visible to persons
entering the premises:
1. Patrons
must leave the site and not consume cannabis until at home or in an
equivalent private location, unless the adult-use business has a valid
cannabis consumption license issued by the city. Adult-use retail
employees shall monitor the site and vicinity to ensure compliance.
2. Entry
into the premises by persons under the age of twenty-one is prohibited.
e. Adult-use
retail businesses shall only provide cannabis to an individual in
an amount consistent with personal possession and use limits allowed
by the state.
f. Adult-use
retail businesses shall provide law enforcement and all neighbors
within one hundred feet of the business with the name and phone number
of an on-site community relations employee to notify if there are
operational problems with the establishment.
g. Adult-use
business operator(s) shall attend regular meetings with the Los Angeles
County Sheriff's Department, Los Angeles Fire Department, and City
Public Safety Department staff to review public safety issues associated
with the operations.
h. Adult-use
retailers shall dispense cannabis only from the following sources:
1. Limited ancillary cultivation of cannabis on-site is permitted. The space devoted to cultivation and manufacturing (as outlined in subsection (n)) shall not exceed twenty-five percent of the total floor area, but in no case more than one thousand five hundred square feet or greater than ten feet in height, and be in compliance with Section
19.36.030.
2. From
an off-site location cultivated in accordance with applicable state
law and zoning regulations in the jurisdiction in which it is cultivated.
i. West
Hollywood City Code Compliance Officers, West Hollywood Sheriff's
Deputies, Los Angeles Fire Department staff, or other agents or employees
of the city requesting admission for the purpose of determining compliance
with these standards shall be given unrestricted access.
j. Adult-use
retailers shall comply with the provisions of state law.
k. Adult-use
retailers shall have a responsible person on the premises to act as
manager and supervise employees at all times during business hours.
l. An odor
absorbing ventilation and exhaust system shall be installed so that
odor generated inside the business is not detected outside the property
or lease area boundaries, or anywhere on adjacent property or public
rights-of-way, or within any other unit located within the same building
as the cannabis use.
m. Delivery of cannabis from adult-use retailers to customers in West Hollywood and surrounding areas is permitted, in accordance with operating requirements in Section
5.70.042 Cannabis Delivery Services – Operating Requirements.
n. Adult-use
retailers shall be permitted to manufacture cannabis derivatives and
products subject to the following requirements:
1. Limited ancillary manufacture of cannabis derivatives and products is permitted. The space devoted to manufacturing and cultivation (as outlined in Section
5.70.040(h)(1)) shall not exceed twenty-five percent of the total floor area of the retail space, but in no case more than one thousand five hundred square feet.
2. Cannabis manufacturing shall be ancillary to the adult-use retail business in compliance with Section
19.36.030, and no stand-alone manufacturing or production businesses shall be allowed.
3. Cannabis
manufacturing shall be subject to local, state, and federal health
and safety regulations.
o. The consumption of cannabis products sold at an adult-use retail business is allowed if the business is issued a separate consumption area business license. The consumption portion of the business shall comply with all requirements of Section
5.70.041. Cannabis products not fully consumed onsite may be taken offsite by the purchaser.
p. Sale
of cannabis for medical use is permitted onsite, without a separate
medical license, provided that the licensee complies with the requirements
in 5.70.043.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 6, 2018; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
All cannabis consumption areas in the city shall operate in
conformance with the following operating requirements:
a. Security
shall comply with the following minimum standards:
1. Cannabis
consumption areas shall provide adequate security and lighting on-site
to ensure the safety of persons and protect the premises from theft
at all times in conformance with the security plan submitted with
the license application.
2. All
security guards employed by cannabis consumption areas shall be licensed
and possess a valid Department of Consumer Affairs "Security Guard
Card" at all times. Consumption areas security guards shall not possess
firearms or tasers.
3. Cannabis
consumption areas shall provide a neighborhood security guard patrol
for a two-block radius surrounding the business during all hours of
operation.
b. There
shall be no on-site sales of alcohol or tobacco, and no on-site consumption
of alcohol or tobacco products by patrons or employees. The on-site
sale of food and food items infused with cannabis is permitted.
c. Hours
of operation shall be limited to: Monday through Sunday, 6:00 a.m.
to 2:00 a.m., or as further limited by the Business License Commission
or state law.
d. Cannabis
consumption areas shall notify patrons of the following verbally and
through posting of a sign in a conspicuous location readily visible
to persons entering the premises:
1. Entry
into the premises by persons under the age of twenty-one is prohibited.
e. Cannabis consumption areas shall create patron consumption guidelines that may include the utilization of labels, menu notifications, signage, portion control, dosage monitoring, and staff education to prevent the overconsumption of cannabis by patrons. A consumption area (smoking, vaping and ingestion) is authorized to sell any type of cannabis product for consumption on-site in compliance with state packaging requirements. A consumption area (edible/ingestion only) is authorized to sell any type of edible/ingestible cannabis product for consumption on-site in compliance with state packaging requirements, and may sell combustible cannabis products for the purposes of smoking or vaping within the designated smoking area allowed pursuant to subsection
(l)(2) below. The type of vaping products sold within the designated smoking area shall be limited to single, individually packaged vape cartridges and pens of no more than one gram.
f. Cannabis
consumption areas shall provide law enforcement and all neighbors
within one hundred feet of the business with the name and phone number
of an on-site community relations employee to notify if there are
operational problems with the establishment.
g. Cannabis
consumption area operator(s) shall attend regular meetings with the
Los Angeles County Sheriff's Department, Los Angeles Fire Department,
and City Public Safety Department staff to review public safety issues
associated with the operations.
h. Cannabis
consumption areas shall sell cannabis only from the following sources:
1. Limited ancillary cultivation of cannabis on-site is permitted. The space devoted to cultivation shall not exceed twenty-five percent of the total floor area, but in no case more than one thousand five hundred square feet or greater than ten feet in height, and be in compliance with Section
19.36.030.
2. From
an off-site location where cannabis is cultivated or manufactured
in accordance with applicable state law and zoning regulations in
the jurisdiction in which it is cultivated or manufactured.
3. The
on-site production of cannabis-infused food items.
i. West
Hollywood City Code Compliance Officers, West Hollywood Sheriff's
Deputies, Los Angeles Fire Department staff, or other agents or employees
of the city requesting admission for the purpose of determining compliance
with these standards shall be given unrestricted access.
j. Cannabis
consumption areas shall have a responsible person on the premises
to act as manager and supervise employees at all times during business
hours.
k. An odor
absorbing ventilation and exhaust system must be installed so that
odor generated inside the business is not detected outside the property
or lease area boundaries, or anywhere on adjacent property or public
rights-of-way, or within any other unit located within the same building
as the cannabis use.
l. Depending
on the type of cannabis consumption areas business license issued
by the city, the consumption area shall be limited to one of the following
cannabis consumption methods:
1. Consumption
of cannabis by smoking, vaping, and ingestion; or
2. Consumption
by ingestion only, provided that these businesses may provide a smoking
area, subject to the following limitations:
i. For a business premises of three thousand square feet or less, the
smoking area shall be no greater than fifty percent of the premises.
ii. For a business premises of more than three thousand square feet,
the smoking area shall be no greater than one thousand five hundred
square feet. Notwithstanding, this limitation on the size of a smoking
area for premises greater than three thousand square feet shall not
apply to a consumption area (edible/ingestion only) with a smoking
area, that is on the same premises as an adult-use business, provided
the consumption area is in compliance with subsection (l)(2)(iii)
below.
iii. The edible/ingestion-only area within the licensed premises must
be equal to or greater than the smoking area within that premises.
m. Cannabis
consumption areas shall be permitted subject to the following requirements:
1. Cannabis
consumption areas shall not be visible to the public or by any persons
under twenty-one years of age.
2. No
sale or consumption of alcohol or tobacco is allowed on the licensed
premises.
3. No
one under twenty-one years of age is allowed in the consumption area.
4. Cannabis
consumption areas located on the same premises as an adult-use or
medicaluse retail business shall also comply with the following:
i. Cannabis consumption areas shall be well-ventilated private areas
that are partitioned off from access to all other areas of the retail
establishment and are designed to prevent the flow of smoke to any
other area of the establishment.
n. Cannabis consumption areas that allow smoking and vaping shall comply with Section
7.08.030, Smoking Regulations.
o. Conduct of Patrons. The cannabis consumption area shall
do the following to encourage appropriate patron conduct:
1. Make
an announcement at closing requesting patrons to respect the residents
of the adjacent residential neighborhoods by being quiet when leaving;
2. Post
signs at locations clearly visible within the consumption area and
at both on- and off-site parking areas, requesting patrons to respect
residents of adjacent residential neighborhoods by being quiet when
leaving and reminding patrons of the existence of permit parking districts
within the neighborhoods adjacent to the consumption area.
3. Cut
off service to impaired patrons and provide information on car services.
p. Employee Training and Customer Education.
1. The
business shall train their employees about the various products the
consumption area sells, including potency of the products, absorption
time, and effects of the products.
2. Employees shall educate all customers as to the items mentioned in subsection
(1), in an effort to ensure responsible consumption.
q. Noise. The structure housing the consumption area shall be adequately soundproofed so that interior and exterior noise is not audible beyond the property line and shall comply with Chapter
9.08, Noise.
r. The
management of the consumption area shall:
1. Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods, in compliance with Section
19.20.180 (Solid Waste and Recyclable Materials Storage).
2. Ensure
that the consumption area property and all areas within at least one
hundred feet of the consumption area are free of any waste or litter
generated by the use, by 7:00 a.m. following each night of operations.
s. Cannabis
and cannabis products that are partially consumed onsite may be taken
offsite by the patron with the following limitations.
1. Consumption
area with smoking: The total number of products taken offsite shall
not exceed five unique products per patron. No more than two of the
partially consumed products may be combustible products.
2. Consumption
area without smoking: The total number of products taken off site
shall not exceed six unique products per patron.
3. All
partially consumed products taken offsite by a patron shall comply
with state packaging requirements, including exit packaging requirements.
4. The
applicable take-away limit of partially consumed products shall be
clearly printed on the menus provided to patrons in the consumption
area.
t. The
sale of cannabis products within a consumption area shall only be
made to patrons that are on the premises to consume products on site.
u. For
any period of time that state law prohibits non-cannabis food and
beverage from being prepared and sold on-site, deviations from a consumption
area May 2018 screening application related to the preparation and
sale of non-cannabis food and beverages are permitted, subject to
confirmation by the Business License Commission. Permissible deviations
may include, but are not limited to, the replacement of a commercial
kitchen in a consumption area with the option for food delivery to
the premises from a third-party business.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 7, 2018; Ord. 19-1092 § 2, 2019; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
Delivery of cannabis from delivery services with delivery as
the primary service, as well as adult-use and medical-use retailers
to customers in West Hollywood is permitted, in accordance with the
following requirements:
a. All
cannabis delivery services, whether physically located inside or outside
the city, shall have an approved business license for a cannabis delivery
service from the City of West Hollywood and be able to show compliance
with the regulations of the originating jurisdiction.
b. Every applicant for a delivery service license shall obtain and maintain in full force and effect the following automobile insurance policy: An automotive liability insurance policy, as required by subsection
(c) of Section
5.08.120.
c. The
licensee shall maintain in force and effect at all times while the
license is in effect workers' compensation insurance as required by
law.
d. Prior
to the issuance of a license under this chapter, and at all times
while the license is in effect, the licensee shall maintain on file
with the Director proof of the insurance required hereunder.
e. If the
insurance policies issued to the licensee pursuant to this chapter
are canceled for any reason, the license issued under this chapter
is automatically suspended. In order to reinstate the license, the
licensee shall file a new certificate of insurance and provide proof
of such to the Director.
f. Only
delivery to persons twenty-one years of age or over shall be allowed
and eighteen years of age and older if the customer is a medical patient.
g. All
drivers and anyone accompanying the driver must be at least twenty-one
years of age or over.
h. No signage
on the exterior of the vehicle identifying the vehicle as a cannabis
delivery vehicle shall be allowed.
i. The
amount of cannabis allowed in each delivery vehicle shall be in compliance
with state law.
j. All
cannabis delivery service customers are required to be preregistered
with the delivery service prior to receiving deliveries of cannabis.
k. A delivery
service that has a physical location in West Hollywood may store cannabis
and cannabis products for delivery in an area that shall not exceed
seventy-five percent of the total floor area of the business's location,
but in no case more than one thousand five hundred square feet.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 8, 2018; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. All
medical-use dispensaries in the city shall operate in conformance
with the following operating requirements:
1. Security
shall comply with the following minimum standards:
A. Medical-use dispensaries shall provide adequate security and lighting
on-site to ensure the safety of persons and protect the premises from
theft at all times in conformance with the security plan submitted
with the license application.
B. All security guards employed by medical-use dispensaries shall be
licensed and possess a valid Department of Consumer Affairs "Security
Guard Card" at all times. Medical-use dispensary security guards shall
not possess firearms or tasers.
C. Medical-use dispensaries shall provide a neighborhood security guard
patrol for a two-block radius surrounding the dispensary during all
hours of operation.
2. No
recommendations for medicinal cannabis shall be issued on site.
3. There
shall be no on-site sales of alcohol or tobacco. No alcohol or tobacco
products shall be consumed by patrons or employees.
4. Hours
of operation shall be limited to: Monday through Sunday, 6:00 a.m.
to 2:00 a.m., or as further limited by the Business License Commission
or state law.
5. Medical-use
dispensaries shall only dispense medical-cannabis to qualified patients
and their caregivers as defined by state law, unless otherwise authorized
by a state license and local business license to dispense adult-use
cannabis on the same premises.
6. Medical-use
dispensaries shall notify patrons of the following verbally and through
posting of a sign in a conspicuous location readily visible to persons
entering the premises:
A. Use of cannabis shall be limited to the patient identified on a valid
doctor's recommendation, or a qualified purchaser identified on a
state-issued form of identification.
B. Patrons must immediately leave the site and not consume cannabis
until at home or in an equivalent private location, unless the medical-use
dispensary has a valid cannabis consumption license issued by the
city. Medical-use dispensary staff shall monitor the site and vicinity
to ensure compliance.
C. Forgery of medical documents is a felony crime.
7. Medical-use
dispensaries shall only provide cannabis to an individual in an amount
consistent with personal-medical use.
8. Medical-use
dispensary patients shall be eighteen years of age or older.
9. Medical-use
dispensaries shall provide law enforcement and all neighbors within
one hundred feet of the medical-use dispensary with the name and phone
number of an on-site community relations staff person to notify if
there are operational problems with the establishment.
10. Medical-use dispensary operator(s) shall attend regular meetings
with the Los Angeles County Sheriff's Department, Los Angeles County
Fire Department, and City Public Safety Department staff to review
public safety issues associated with the operations.
11. Medical-use dispensaries shall dispense cannabis to qualified patients
and primary caregivers only from the following sources:
A. Limited ancillary cultivation of cannabis on-site is permitted. The
space devoted to cultivation and manufacturing (as outlined in subsection
(a)(18)) shall not exceed twenty-five percent of the total floor area,
but in no case more than one thousand five hundred square feet or
greater than ten feet in height.
B. From an off-site location cultivated in accordance with applicable
state law and zoning regulations in the jurisdiction in which it is
cultivated.
12. West Hollywood City Code Compliance Officers, West Hollywood Sheriff's
Deputies, Los Angeles Fire Department staff, or other agents or employees
of the city requesting admission for the purpose of determining compliance
with these standards shall be given unrestricted access.
13. Medical-use dispensaries shall comply with the provisions of state
law.
14. Medical-use dispensaries shall develop and implement a program subject
to approval of the city to provide subsidized medical cannabis to
income eligible patients, ("compassion program") in accordance with
the following criteria:
A. Minimum twenty-five percent discount to all qualified patients based
upon need;
B. Medical-use dispensaries shall not be obliged to provide more than
one hundred grams per month to eligible patients;
C. Program Administration.
i. Social service provider to qualify patients on an annual basis,
ii. Patients will be provided with a letter as proof of eligibility that
expires one year after the date it is issued,
iii.
Medical-use dispensaries shall accept eligible patients and
keep a record of qualified compassion program patients;
D. On-site/instant medical and financial need eligibility criteria:
iii.
Unemployed with verification;
E. Social service agency verified medical/financial need eligibility:
i. Section 8 housing verification,
ii. Two hundred percent income below federal poverty level,
iv. Medical need such as terminal illness, cancer treatment, etc.;
F. Residency Requirement. Program for West Hollywood residents only.
15. Medical-use dispensaries shall have a responsible person on the premises
to act as manager and supervise employees at all times during business
hours.
16. An odor absorbing ventilation and exhaust system shall be installed
so that odor generated inside the business is not detected outside
the property or lease area boundaries, or anywhere on adjacent property
or public rights-of-way, or within any other unit located within the
same building as the cannabis use.
17. Delivery of cannabis from medical-use dispensaries to customers in West Hollywood and surrounding areas is permitted, in accordance with operating requirements in Section
5.70.042 Cannabis Delivery Services – Operating Requirements.
18. Medical-use dispensaries shall be permitted to manufacture cannabis
derivatives and products subject to the following requirements:
A. Limited manufacture of cannabis derivatives and products is permitted.
The space devoted to manufacturing and cultivation (as outlined in
subsection (k)(1)) shall not exceed twentyfive percent of the total
floor area of the retail space, but in no case more than one thousand
five hundred square feet.
B. Cannabis manufacturing shall be ancillary to the medical-use dispensary
and no stand-alone manufacturing businesses shall be allowed.
C. Cannabis manufacturing shall be subject to local, state, and federal
health and safety regulations.
19. The consumption of cannabis products sold at a medical-use retail business is allowed if the business is issued a separate consumption area business license. The consumption portion of the business shall comply with all requirements of Section
5.70.041. Cannabis products not fully consumed on-site may be taken off-site by the purchaser.
b. Legacy
medical businesses may operate subject to the following additional
requirements:
1. In
order to operate as a legacy medical business, the operator shall
apply for and obtain Business License Commission approval of a legacy
medical business License by July 1, 2021.
2. Starting
January 1, 2021, the legacy medical businesses shall close one hour
before the state or city limit on hours of operation, whichever is
more restrictive, and may not operate for more than twelve hours per
day. This restriction shall cease on December 31, 2027.
3. Legacy medical businesses are required to continue to sell cannabis for medical use, subject to the requirements of A above, and may also sell cannabis for adult use, subject to all of the requirements of Section
5.70.040.
4. Prior
to issuance of a legacy medical business license, the operator shall
demonstrate compliance with the material operating terms within the
business plan and security plan sections of the business' May 2018
adult use screening application. Within one year of issuance of the
legacy medical business license, the business shall demonstrate substantial
compliance with the Design Concept Section of the business' May 2018
adult use screening application. Any substantial deviations from these
sections require approval by the Business License Commission.
5. Legacy
medical businesses are prohibited from expanding the existing square
footage of the retail business operations as existing on August 3,
2020.
6. As
of August 3, 2020, legacy medical businesses are prohibited from changing
the current location of the business. Notwithstanding, in the event
that the building is destroyed or subject to redevelopment, the business
may be relocated to a location that is no greater than one hundred
ten percent the size of the existing location. In the event that the
business's lease is not renewed, the business may relocate to a location
that is: (A) no greater than one hundred ten percent of the size of
the existing location; (B) is on the same street as the existing location;
and (C) is within a quarter mile of the existing location. If the
business is unable to locate an alternate location in accordance with
the location terms above, the business may request a deviation from
the requirement, which requires a public hearing and approval by the
Business License Commission. Changes in location are subject to all
other applicable permit requirements under this code, including as
required under Title 19. Under no circumstances will a deviation be
granted to exceed the one hundred ten percent size limitation. Additionally
and notwithstanding any other provision of the WHMC, the legacy medical
business operating at 7828 Santa Monica Boulevard may continue to
operate in its current location.
7. As
of August 3, 2020, legacy medical businesses are prohibited from entering
into any new management agreements, unless approved through the variance
process in 5.70.060(c) and subject to subsections (c)(1), (c)(2),
and (c)(4).
8. As
of August 3, 2020, legacy medical businesses are prohibited from changing
the business name and business branding until such time as an assignment
of the license is permitted under this chapter. Notwithstanding, a
legacy medical business may make minor changes to branding, such as
color, font, and logo design, if found to keep the overall brand concept,
as approved by the City Manager or designee, such a decision can be
appealed to the Business License Commission within thirty days.
9.
A. The legacy medical businesses shall submit to the city a list of current owners by October 1, 2020, disclosing the ownership of that date, which shall serve as the basis for the provisions in this section. Notwithstanding the provisions in Section
5.70.060,
a legacy medical business shall not sell, transfer or assign a cumulative amount of more than twenty-five percent interest in the licensed entity before July 1, 2023. From July 1, 2023 through December 31, 2027, the legacy medical business may sell, transfer or assign an additional cumulative ten percent interest in the licensed entity, for a total cumulative transfer not to exceed thirty-five percent. Starting January 1, 2028, the assignment restrictions in Section
5.70.060 apply to the legacy medical businesses. The variance process set out in Section
5.70.060(c) shall apply to legacy medical businesses but shall be further limited for legacy medical businesses as follows. A legacy medical business variance request for a prohibited Assignment shall not exceed a cumulative assignment of more than fifty percent prior to July 1, 2023, and a cumulative assignment of more than seventy percent through December 31, 2027.
B. After October 1, 2020, in the event a publicly traded company has
a direct or indirect ownership interest in an entity which holds a
license, transactions involving the public company, and/or the trading
of shares in the public company in accordance with applicable securities
laws, is permissible and is not considered an assignment of a license.
10. Notwithstanding any assignment restrictions in this chapter, legacy
medical businesses may merge or consolidate with any of the top eight
ranking adult use applicants, which may require amendments to the
business licenses from the Business License Commission to reflect
the merger or consolidation.
11. Marketing Fund to Benefit West Hollywood Cannabis Businesses. Starting
January 1, 2021, each legacy medical business shall contribute funding
equal to two and one half percent of the business' gross receipts
on adult-use sales to a marketing fund that is operated independently
from the city by the holders of cannabis licenses in the city. The
two and one half percent rate remains in effect for each legacy medical
business until June 30, 2024. However, if a legacy medical business
has contributed two hundred fifty thousand dollars total to the marketing
fund before June 30, 2024, then the rate shall decrease to one percent.
On July 1, 2024, the rate shall reduce to one-half percent until June
30, 2028. After June 30, 2028, the legacy medical businesses shall
continue to be a member in good standing and contribute an amount
agreed upon among the parties, if any.
12. Legacy medical businesses shall maintain continual operation, and
failure to continually operate shall be grounds for revocation of
the business license and forfeiture of any future right to a legacy
medical business.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 9, 2018; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. Definitions.
"Temporary cannabis event"
shall mean an event of limited duration, and located within
a specific area, which allows the on-site sale and/or consumption
of cannabis at the event, in compliance with Section 26200(e) of the
California
Business and Professions Code, Chapter 5 Division 19 of
Title 4 of the
California Code of Regulations, and this section of
the code. A temporary cannabis event shall have the same meaning as
a "cannabis special event."
"West Hollywood temporary cannabis event license"
shall mean a license issued by the City of West Hollywood
which will entitle the holder to organize a temporary cannabis event
at the date, time, and location specified in the license, subject
to all West Hollywood laws, restrictions, and conditions. A West Hollywood
temporary cannabis event license shall have the same meaning as a
locally-issued temporary cannabis event license. A locally-issued
license is not a license issued by a locality other than the City
of West Hollywood.
b. Event Organizer License Required to Apply. Any entity requesting
to obtain a West Hollywood temporary cannabis event license must also
obtain: (1) a state cannabis event organizer license; and (2) a state
temporary cannabis event license issued by the California Department
of Cannabis Control prior to the event. All licenses and permits required
under state and local law shall be obtained prior to the event and
shall remain in full force and effect throughout the duration of the
event.
c. Application. Applicants for a West Hollywood temporary cannabis event license must also obtain a special event permit in accordance with Chapter
19.55.
d. Compliance. Applicants for a West Hollywood temporary cannabis event license must comply with all requirements of Chapter
19.55, unless otherwise stated in this section.
e. A West
Hollywood temporary cannabis event license holder and all retailers
shall comply with all conditions required under state and city licenses
and permits, in addition to, and not limited to, the following conditions:
1. The
event activities cannot be visible to the general public.
2. IDs
must be checked that all persons seeking entry or purchase at a temporary
cannabis event are twenty-one years of age or older before allowing
entry of those persons into the event and before each sale to any
persons.
3. Follow
all state law requirements authorizing on-site cannabis sales and
consumption at temporary events. Consumption must be expressly authorized
in the license, or the license is only valid for the sale of cannabis
by retailers at the event.
4. Attendees
may not sell alcohol or tobacco during the event. Attendees may not
use alcohol or tobacco inside the event area designated in the application.
No one visibly under the influence of alcohol shall be allowed into
the event.
5. All
persons working at the event must be twenty-one years of age or older.
6. Only
distributors can transport cannabis goods to an event.
7. Only
retailers can sell cannabis goods during an event. Retailers must
follow all state and local rules for on-site sales and consumption,
including, but not limited to:
A. Displays of cannabis goods;
C. Age restrictions on sales;
E. No free samples of cannabis or cannabis merchandise; and
F. Recording sales in the track and trace system.
8. Odor
must be controlled with the use of a ventilation system.
9. All
waste must be disposed of in designated waste receptacles and in accordance
with state law.
10. Noise must be controlled with the use of noise mitigation devices and in compliance with Chapter
9.08.
11. For events where consumption is permitted, retailers shall at a minimum comply with Section
5.70.041(e). On-site emergency medical care may be required at the discretion of the city review authority.
12. Any retailers at the cannabis event, meaning any persons or entities engaging in the sale of cannabis, must either: (1) possess a West Hollywood cannabis business license pursuant to Chapter
5.70 and be operating the business in good standing at the time of the event, or (2) meet all criteria specified in subsections
5.70.030(a)–
(c) and obtain approval before the Business License Commission pursuant to Chapter
5.08.
13. Retailers must have a specific location from which they make sales.
No retailers may sell cannabis goods from a mobile cart or from a
non-designated location.
14. Organizers must either: (1) hold an active West Hollywood Cannabis Business License, issued pursuant to Chapter
5.70, and be operating the business in good standing at the time of the event; or (2) meet all criteria specified in subsections
5.70.030(a)–
(c) and obtain approval before the Business License Commission pursuant to Chapter
5.08.
15. Organizers must comply with all California laws and regulations before,
during, and after the event. These include, but are not limited to,
Section 26200(e) of the California
Business and Professions Code and
Chapter 5 of Division 19 of Title 4 of the
California Code of Regulations
(Section 15600 et seq.). Organizers and retailers must be familiar
with these rules participating in an organized cannabis event.
16. If consumption is allowed at the event, it shall occur only in a designated area with written permission for such consumption and approval of the consumption area by the City Manager or designee. Consumption of cannabis products shall not be visible from any public place or nonagerestricted area. The consumption portion of the event shall comply with all requirements of Section
5.70.041.
17. West Hollywood City Code Enforcement Officers, West Hollywood Sheriff's
Deputies, Los Angeles Fire Department staff, or other agents or employees
of the city requesting admission for the purpose of determining compliance
with these standards shall be given unrestricted access.
18. Organizers shall comply with the following minimum security standards:
A. Provide adequate security and lighting on-site to ensure the safety
of persons and protect the premises from theft at all times in conformance
with the security plan submitted with the license's application.
B. All security guards employed by an organizer shall be licensed and
possess a valid California Department of Consumer Affairs "Security
Guard Card" at all times. Security guards shall not possess firearms
or tasers.
C. Provide a neighborhood security guard patrol for a one-block radius
surrounding the event during all hours of operation as determined
by the city review authority.
19. Any additional conditions imposed in writing by the city.
f. Locations. A temporary cannabis event license may be issued
for an event in any of the following locations within the City of
West Hollywood:
1. Privately
owned venues with express approval from the City Manager or designee.
2. Streets,
in accordance with applicable law relating to, but not limited to,
street closures for events such as street fairs and festivals.
g. Application Timeframe. Applications for temporary cannabis event licenses shall be submitted no later than forty-five days before the date of the event by an entity already licensed under Chapter
5.70. Organizer-applicants who are not already licensed under Chapter
5.70 must apply one hundred twenty days in advance of an event to allow time for the city to complete background checks and other review necessary under subsections
5.70.030(a)–
(c) and obtain approval before the Business License Commission pursuant to Chapter
5.08.
h. License Validity. The license granted under this section
shall be valid and entitle a licenseholder to organize an event only
for the time period specified in said license. A license may be issued
only for a specific one to three day period, meaning that if the license
does not contain a starting and end date, the license is invalid.
i. Number of Events. No greater than two Temporary Cannabis
Events shall be allowed to occur in a given calendar year per license.
These events shall occur in connection with the city's established
Pride and other city sponsored event dates.
j. Taxes and Fees. Retailers and/or organizers operating at the event are required to obtain a City Business Tax Certificate and shall include the receipts from the event in the business's gross receipts for purposes of applying the cannabis business license tax under Section
3.36.040(n).
k. Violations. Violation of any requirement of this section, Chapter
19.55, or the conditions of approval of the license issued through this section shall be grounds for the City Manager or designee to immediately revoke a license issued for a temporary cannabis event. Such revocation may be appealed in writing to the City Manager or designee. Any entity or license-holder that violates or fails to comply with any of the requirements of this section may be subject to enforcement pursuant to Section
5.70.070 of this code.
(Ord. 23-08 § 2, 2023)
All licenses issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that a license may be renewed pursuant to Section
5.08.130 for additional one-year periods upon approval of an application for renewal that complies with all provisions of this title.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. The assignment of or attempt to assign any license issued pursuant to this chapter is unlawful until a business has been in continual operation for four years, and any such assignment or attempt to assign a license before that time shall render the license null and void, unless approved by the City Manager or designee, or by variance as outlined in subsections
b and
c below. Assignment shall be defined as a cumulative sale or transfer of fifty-one percent or more equity interest in the licensed entity. For permissible transfers of ownership before or during the four-year period, the owners shall maintain a comparable level of cannabis experience as conveyed in the licensee's May 2018 screening application. The City Manager, or designee, shall review changes in the level of the owner's cannabis experience, and may approve the changes, or direct the change request to the business license provisions for review and approval. After the four years of continual operation, assignment is permitted; provided however that any such assignment that exceeds ninety percent of interest in the licensed entity shall require review by the Business License Commission to ensure maintenance of the same standard of operation.
b. Assignments
prior to compliance with the required four years of continual operation
may be approved by the City Manager in the event of the death, disability,
marriage, divorce, or domestic partnership of one of the owners named
on the licensed entity's application. The City Manager, or designee,
shall review these requested assignments to ensure maintenance of
the same standard of operation, and may approve the changes, or direct
the change request to the business license provisions for review and
approval.
c. Variance Process. Notwithstanding the above, a licensee
may apply to the Business License Commission for approval of a prohibited
assignment not to exceed a cumulative assignment or transfer of up
to eighty-five percent of interest in the license for the first two
years of continual operation, and one hundred percent cumulative assignment
or transfer after two years of continual operation, or as otherwise
allowed by this chapter. Following a public hearing on the proposed
assignment or transfer, the Business License Commission may approve
the request if it finds that:
1. The
same standard of business operation will be maintained;
2. The
ownership shall maintain a comparable level of cannabis experience
as conveyed in the licensee's May 2018 screening application;
3. The
assignment would promote the public interest and maintain the integrity
of the city's 2018 cannabis license application scoring and licensing
process; and
4. The
findings that supported issuance of the license can still be made.
d. The
decisions of the Business License Commission may be appealed to the
City Council.
e. Merger or Consolidation with Publicly Traded Companies. With
the understanding that publicly traded companies have notably different
regulations, operational structure, and ownership structure, compared
to privately held companies, the merger into, consolidation with,
or transfer of ownership to a publicly traded company shall not be
considered a prohibited assignment of a license under this section
as long as the following conditions are met.
1. At
the time the merger, consolidation, or transfer occurs, the license
owners listed on the business license or 2018 screening application,
whichever is most recent ("license owners"), prior to the merger,
consolidation, or transfer shall be required to hold at least three
and one-half percent of the shares of the publicly traded company.
2. The
license owners prior to the merger, consolidation, or transfer shall
be substantially involved in the operations of the company for the
first four years of continual operation, unless authorized through
the variance process above in subsection c.
3. At
the time the merger, consolidation, or transfer occurs, at least one
of the license owners prior to the merger, consolidation, or transfer
shall hold a seat on the board of directors of the publicly traded
company. If that board member steps down or is no longer a member
of the board of directors, the company shall notify the City Manager
or designee of this change, and to the extent possible, one of the
other license owners prior to the merger, consolidation, or transfer
shall be appointed to the board of directors.
4. After
merger, consolidation, or transfer, the business shall continue to
adhere to the business plan, security plan, and design concept sections
included in the applicable May 2018 screening application for the
business license.
5. After
merger, consolidation, or transfer, the branding of the business,
including the name of the business as it operates in the city, shall
be required to be the same as identified in the applicable May 2018
screening application for the business license. At no time, unless
after four years of continual operation, unless approved by the City
Manager or designee, shall the branding, including the name of the
business, be allowed to deviate from what was identified in the applicable
May 2018 screening application for the business license
6. Documentation
of the satisfaction of the above-referenced conditions shall be provided
to the city when the change occurs. If the change occurs prior to
the issuance of a business license, documentation of the satisfaction
of the above-referenced conditions shall be provided at the time a
business license is applied for.
(Ord. 09-833 § 4, 2009; Ord. 17-1016 § 8, 2017; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
a. No person or entity shall dispense, distribute, sell, convey, exchange, or give away cannabis in the city except in compliance with the provisions of this chapter and Sections
19.36.091,
19.36.092, and
19.36.093 of this code. Dispensing, distributing, selling, conveying, exchanging, or giving away cannabis in the city without a business license is a misdemeanor punishable as provided in Section
1.08.010(a) of this code. Violations of this chapter are also subject to administrative penalty procedure provisions in Sections
1.08.030 through
1.08.070 of Chapter
1.08 of this code. Nothing in this chapter shall be interpreted to conflict with state law, including, without limitation, the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended, and the rights granted to individuals for the adult-use and medical-use of cannabis under these state laws.
b. Failure
of a cannabis business to pay applicable taxes and fees to the city,
and the contribution to the marketing fund for legacy medical businesses,
for a three-month period shall be grounds for revocation of the business
license. If a business has failed to pay applicable taxes and fees
to the city, or the contribution to the marketing fund for legacy
businesses, for a three-month period, a hearing shall be scheduled
before the business license commission to consider revocation of the
business license. For delinquent taxes and fees, if a business enters
into a payment plan with the city within two months of being notified
by the city of failure to pay applicable taxes and/or fees, the grounds
for revocation of a license specified in this section shall not apply
to the business, as long as the business remains in compliance with
the terms of the payment plan and completes the payment plan. As of
November 1, 2020, the city will publicly post and regularly update
information showing whether each licensed cannabis business is current
on the payments of city taxes and/or fees.
(Ord. 09-833 § 4, 2009; Ord. 10-850 § 2, 2010; Ord. 10-851U § 2, 2010; Ord. 17-1016 § 8, 2017; Ord. 18-1029 § 10, 2018; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020; Ord. 23-08 § 3, 2023)
The City Manager may establish by resolution rules and regulations governing the operation of cannabis uses. Violation of rules and regulations shall, in addition to any other remedies contained in this code, constitute a misdemeanor and shall be punishable as set forth in subsection
(a) of Section
1.08.010 of this code. Any person violating any of the rules and regulations adopted by the City Council shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the rules and regulations is committed, continued, or permitted.
(Ord. 11-865 § 1, 2011; Ord. 17-1016 § 8, 2017; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
A cannabis business licensed and operating under this chapter
shall at all times while operating have a current, valid state license
for any and all activity which requires a state license under state
law, including, without limitation, a seller's permit from the State
Board of Equalization. The licensee shall post its state license in
a conspicuous place. Failure to maintain and post a current, valid
state license is grounds for revocation of a business license under
this chapter.
(Ord. 17-1016 § 8, 2017; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
The City Council may adopt fees related to cannabis licenses.
(Ord. 17-1016 § 8, 2017; Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)
For a business with ten or more employees per license, the licensee
shall attest that it has entered into a labor peace agreement and
will abide by the terms of the agreement. The licensee shall submit
a copy of the page of the labor peace agreement that contains the
signatures of the union representative and the licensee. For licenses
for a business with less than ten employees, the licensee shall provide
a notarized statement indicating that it will enter into and abide
by the terms of a labor peace agreement within sixty days of having
ten or more employees. A separate Labor Peace Agreement is an operating
requirement for each license.
(Ord. 20-1116 § 3, 2020; Ord. 20-1117 § 3, 2020)