This Chapter provides the location and operating standards for
Personal Cannabis Cultivation and for Cannabis Businesses (Medical
and Adult Use) to ensure neighborhood compatibility, minimize potential
environmental impacts, provide safe access to medicine and provide
opportunities for economic development.
(Ord. 2017-025 § 6)
A.
Compliance
with City Code. Personal Cannabis Cultivation and Cannabis Businesses
shall only be allowed in compliance with this Chapter and all applicable
regulations set forth in the City Code, including, but not limited
to, the cannabis business tax ordinance and all regulations governing
building, grading, plumbing, septic, electrical, fire, hazardous materials,
nuisance, and public health and safety.
B.
Compliance
with State laws and regulations. All Cannabis Businesses shall comply
with all applicable State laws and regulations, as may be amended,
including all permit, approval, inspection, reporting and operational
requirements, imposed by the State and its regulatory agencies having
jurisdiction over Cannabis and/or Cannabis Businesses. All Cannabis
Businesses shall comply with the rules and regulations for Cannabis
as may be adopted and as amended by any State agency or department
including, but not limited to, the Bureau of Cannabis Control, the
Department of Food and Agriculture, the Department of Public Health,
the Department of Pesticide Regulation, and the Board of Equalization.
C.
Compliance
with local and regional laws and regulations. All Cannabis Businesses
shall comply with all applicable Sonoma County and other local and
regional agency regulations, including, but not limited to, regulations
issued by the Regional Water Quality Control Board, the Sonoma County
Agricultural Commission, and the Sonoma County Department of Public
Health.
D.
Cannabis
Businesses shall provide copies of State, regional and local agency
permits, approvals or certificates upon request by the City to serve
as verification for such compliance.
(Ord. 2017-025 § 6)
Personal Cannabis Cultivation for medical or adult use shall
be permitted only in compliance with the provisions of Division 2
(Zoning Districts and Allowable Uses) and shall be subject to the
following standards and limitations.
A.
Medical
and adult use cannabis maximum limitation. The personal cultivation
of medical and/or adult use cannabis is limited to no more than six
mature plants per a primary residence, regardless of the number of
residents and regardless of the presence of an accessory or junior
accessory dwelling unit.
B.
Residency
requirement. Cultivation of cannabis for personal use may occur only
on parcels with an existing legal residence occupied by a full-time
resident responsible for the cultivation.
C.
The
following operating requirements are applicable to outdoor cultivation
for personal use:
1.
Maximum
limitation. Outdoor cultivation for personal use is limited to no
more than two mature plants.
2.
Cannabis
plants shall not be located in a front or street side yard, unless
fully screened from public view.
3.
Outdoor
cultivation for personal use is prohibited on parcels located adjacent
to a school property; "School" as defined by the Health and Safety
Code Section 11362.768.
D.
The
following operating requirements are applicable to personal cannabis
cultivation:
1.
Visibility.
No visible markers or evidence indicating that cannabis is being cultivated
on the site shall be visible from the public right-of-way at street
level, or from school property.
2.
Security.
All enclosures and structures used for cannabis cultivation shall
have security measures sufficient to prevent access by children or
other unauthorized persons.
3.
Prohibition
of volatile solvents. The manufacture of cannabis products for personal
non-commercial consumption shall be limited to processes that are
solvent-free or that employ only non-flammable, nontoxic solvents
that are recognized as safe pursuant to the Federal Food, Drug and
Cosmetic Act. The use of volatile solvents to manufacture cannabis
products for personal consumption is prohibited.
4.
All
structures used for Personal Cannabis Cultivation (including accessory
structures, greenhouses, and garages) must be legally constructed
with all applicable Building and Fire permits (including grading,
building, electrical, mechanical and plumbing) and shall adhere to
the development standards within the base zone.
5.
Odor
Control. All structures used for cultivation shall be equipped with
odor control filtration and ventilation systems such that the odors
of cannabis cannot be detected from outside of the structure.
6.
Lighting.
Interior and exterior lighting shall utilize best management practices
and technologies for reducing glare, light pollution, and light trespass
onto adjacent properties and the following standards:
a.
Exterior lighting systems shall be provided for security purposes in a manner sufficient to provide illumination and clear visibility to all outdoor areas of the premises, including all points of ingress and egress. Exterior lighting shall be stationary, fully shielded, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. All exterior lighting shall be Building Code compliant and comply with Section 20-30.080 (Outdoor Lighting).
b.
Interior light systems shall be fully shielded, including adequate
coverings on windows, to confine light and glare to the interior of
the structure.
7.
Noise. Use of air conditioning and ventilation equipment shall comply with Chapter 17-16 (Noise). The use of generators is prohibited, except as short-term temporary emergency back-up systems.
8.
All
personal cannabis cultivation shall comply with the Best Management
Practices for Cannabis Cultivation issued by the Sonoma County Agricultural
Commission for management of waste, water, erosion control and management
of fertilizers and pesticides.
(Ord. 2017-025 § 6)
Cannabis Businesses (Medical and Adult Use) shall be permitted
only in compliance with the provisions of Division 2 (Zoning Districts
and Allowable Uses) and shall be subject to the following standards
and limitations.
A.
Land use. For purposes of this Chapter, Cannabis Businesses shall include the following land use classifications, all of which are further defined in Chapter 20-70 (Definitions):
1.
Cannabis –
Commercial Cultivation up to 5,000 sf
2.
Cannabis –
Commercial Cultivation 5,001 sf or greater
3.
Cannabis –
Retail (Dispensary) and Delivery
4.
Cannabis –
Distribution
5.
Cannabis –
Manufacturing – Level 1 (non-volatile)
6.
Cannabis –
Manufacturing – Level 2 (volatile)
7.
Cannabis –
Microbusiness
8.
Cannabis –
Testing Laboratory
B.
Where allowed. Cannabis Businesses (Medical and Adult Use) shall be located in compliance with the requirements of Division 2 (Zoning Districts and Allowable Uses) and as designated on Tables 2-6 and 2-10 of the Zoning Code. With regard to required setbacks of a cannabis business to another land use, the City asserts its right to establish different radius requirements than what is provided by Business and Professions Code Section 26054(b).
C.
Land use permit requirements. The uses that are subject to the standards in this Chapter shall not be established or maintained except as authorized by the land use permit required by Division 2.
D.
Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 2 and Division 3 (Site Planning and General Development Regulations), and the City Code. In the event of any conflict between the requirements of this Chapter and those of Division 2 or 3 or other applicable provisions of this Code, the requirements of this Chapter shall control.
(Ord. 2017-025 § 6)
The following general operating requirements are applicable to all Cannabis Businesses. In addition, requirements specific to each Cannabis Business subtype are set forth in Sections 20-46.060 (Cannabis Cultivation), 20-46.070 (Cannabis Support Uses) and 20-46.080 (Cannabis Retail and Delivery).
A.
Dual
licensing. The City recognizes that State law requires dual licensing
at the State and local level for all Cannabis Businesses (Medical
and Adult Use). All Cannabis Operators shall therefore be required
to diligently pursue and obtain a State cannabis license at such time
as the State begins issuing such licenses, and shall comply at all
times with all applicable State licensing requirements and conditions,
including, but not limited to, operational standards such as, by way
of illustration but not limitation, background checks, prior felony
convictions, restrictions on multiple licenses and license types,
and locational criteria.
1.
Operators
in good standing. Cannabis Businesses which have received land use
permit approval pursuant to this Chapter prior to or within 10 months
of date the State begins issuing State licenses shall be considered
"operators in good standing". Operators in good standing shall be
allowed to obtain building occupancy permits and commence operations
in compliance with City permit approvals while diligently pursuing
all necessary State licenses and subject to any deadlines established
by the State. Operators in good standing shall demonstrate to the
City that complete applications for all necessary State licenses and
agency permits have been filed and are being pursued by the applicant
in compliance with deadlines established by the State.
2.
New
operators. Cannabis Businesses which have received land use permit
approval pursuant to this Chapter after the State begins issuing State
licenses and after the 10-month transition period noted in Subsection
A.1 above, shall not be allowed to commence operations until the Cannabis
Business can demonstrate that all necessary State licenses and agency
permits have been obtained in compliance with any deadlines established
by the State.
3.
Existing
permitted operators. Cannabis Businesses which have received land
use permit approval prior to the adoption of this Chapter shall be
required to comply with all operational requirements set forth in
this Chapter. In addition, a Cannabis Business that has obtained a
valid land use permit for medical use issued prior to the adoption
of this Chapter may incorporate adult use into their land use permit
upon issuance of a Zoning Clearance by the Department. The Zoning
Clearance shall, as a condition of issuance, require compliance with
all operational provisions of this Chapter. The Zoning Clearance to
incorporate adult use in addition to or in place of medical use shall
not authorize any physical or operational expansion of the facility
unless determined in compliance with this Chapter.
4.
Grounds
for revocation. Once State licenses and agency permits become available,
failure to demonstrate dual licensing in accordance with this Chapter
and within any deadlines established by State law shall be grounds
for revocation of City approval. Revocation of a local permit and/or
a State license shall terminate the ability of the Cannabis Business
to operate until a new permit and/or State license is obtained.
B.
Minors.
Medical Cannabis Businesses shall only allow on the premises a person
who is 18 years of age or older and who possesses a valid government-issued
photo identification card. Adult Use Cannabis Businesses shall only
allow on the premises a person who is 21 years of age or older and
who possesses a valid government-issued photo identification card.
C.
Inventory
and tracking. Cannabis Operators shall at all times operate in a manner
to prevent diversion of Cannabis and shall promptly comply with any
track and trace program established by the State.
D.
Multiple
permits per site. Multiple Cannabis Businesses proposed on any one
site or parcel shall be granted permit approval only if all of the
proposed Cannabis Businesses and their co-location are authorized
by both local and State law. Cannabis Operators issued permits for
multiple license types at the same physical address shall maintain
clear separation between license types unless otherwise authorized
by local and State law.
E.
Building
and fire permits. Cannabis Operators shall meet the following requirements
prior to commencing operations:
1.
The
Cannabis Operator shall obtain a building permit to conform with the
appropriate occupancy classification and be in compliance with Chapter
18 of the City Code.
2.
The
Cannabis Operator shall obtain all annual operating fire permits with
inspections prior to operation.
3.
The
Cannabis Operator shall comply with all applicable Health and Safety
Code and California Fire Code requirements related to the storage,
use and handling of hazardous materials and the generation of hazardous
waste. Cannabis Operators shall also obtain all required Certified
Unified Program Agency (CUPA) permits including completing a California
Environmental Reporting System (CERS) submission for hazardous materials
inventory that meet or exceed State thresholds and any waste generation
for accountability.
4.
Access
with a Fire Department lock box for keys to gates and doors shall
be provided.
F.
Transfer
of ownership or operator. A permittee shall not transfer ownership
or operational control of a Cannabis Business or transfer a permit
for a Cannabis Business to another person unless and until the transferee
obtains a zoning clearance from the Department stating that the transferee
is now the permittee. The zoning clearance shall commit the transferee
to compliance with each of the conditions of the original permit.
G.
Security.
Cannabis Businesses shall provide adequate security on the premises,
including lighting and alarms, to insure the public safety and the
safety of persons within the facility and to protect the premises
from theft. Applications for a Cannabis Business shall include a security
plan that includes the following minimum security plan requirements:
1.
Security
cameras. Security surveillance video cameras shall be installed and
maintained in good working order to provide coverage on a 24-hour
basis of all internal and exterior areas where Cannabis is cultivated,
weighed, manufactured, packaged, stored, transferred, and dispensed.
The security surveillance cameras shall be oriented in a manner that
provides clear and certain identification of all individuals within
those areas. Cameras shall remain active at all times and shall be
capable of operating under any lighting condition. Security video
must use standard industry format to support criminal investigations
and shall be maintained for 60 days.
2.
Alarm system. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. Section 6-68.130 of the City Code requires that an alarm permit be obtained by the Santa Rosa Police Department prior to installing an alarm system. The alarm system shall include sensors to detect entry and exit from all secure areas and all windows. Cannabis Operators shall keep the name and contact information of the alarm system installation and monitoring company as part of the Cannabis Business's on-site books and records. Cannabis Operators shall identify a local site contact person who will be responsible for the use and shall provide and keep current full contact information to the Santa Rosa Police Department dispatch database as part of the alarm permitting process.
3.
Secure
storage and waste. Cannabis Products and associated product waste
shall be stored and secured in a manner that prevents diversion, theft,
loss, hazards and nuisance.
4.
Transportation.
Cannabis Businesses shall implement procedures for safe and secure
transportation and delivery of Cannabis, Cannabis Products and currency
in accordance with State law.
5.
Locks.
All points of ingress and egress to a Cannabis Business shall be secured
with Building Code compliant commercial-grade, non-residential door
locks or window locks.
6.
Emergency
access. Security measures shall be designed to ensure emergency access
in compliance with the California Fire Code and Santa Rosa Fire Department
standards.
H.
Odor
control. Cannabis Businesses shall incorporate and maintain adequate
odor control measures such that the odors of Cannabis cannot be detected
from outside of the structure in which the Business operates. Applications
for Cannabis Businesses shall include an odor mitigation plan certified
by a licensed professional engineer that includes the following:
1.
Operational
processes and maintenance plan, including activities undertaken to
ensure the odor mitigation system remains functional;
2.
Staff
training procedures; and
3.
Engineering
controls, which may include carbon filtration or other methods of
air cleansing, and evidence that such controls are sufficient to effectively
mitigate odors from all odor sources. All odor mitigation systems
and plans submitted pursuant to this subsection shall be consistent
with accepted and best available industry-specific technologies designed
to effectively mitigate cannabis odors.
I.
Lighting.
Interior and exterior lighting shall utilize best management practices
and technologies for reducing glare, light pollution, and light trespass
onto adjacent properties and the following standards:
1.
Exterior lighting systems shall be provided for security purposes in a manner sufficient to provide illumination and clear visibility to all outdoor areas of the premises, including all points of ingress and egress. Exterior lighting shall be stationary, fully shielded, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. All exterior lighting shall be Building Code compliant and comply with Section 20-30.080 (Outdoor Lighting).
2.
Interior
light systems shall be fully shielded, including adequate coverings
on windows, to confine light and glare to the interior of the structure.
(Ord. 2017-025 § 6)
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides additional requirements for Cannabis Commercial Cultivation.
A.
Outdoor
commercial cultivation prohibited. The cultivation of Cannabis for
commercial use may only be cultivated within a fully enclosed space.
B.
Conditional
use. Depending on the size of the facility, and in accordance with
Table 2-10, a Conditional Use Permit or Minor Conditional Use Permit
shall be required for Cannabis Commercial Cultivation. For purposes
of determining the facility size, and thus the appropriate permit,
square footage shall be defined by calculating the gross square footage
of the structure or portion of the structure occupied by the Cannabis
Business, not the canopy area.
C.
Microbusiness.
In addition to compliance with permit and operating requirements set
forth in this Chapter for Cannabis Cultivation, a Cannabis Microbusiness
which includes cultivation, manufacturing distribution and/or retail
within one State license shall comply with all permit and operating
requirements set forth in this Chapter for Cannabis Manufacturing,
Distribution, and/or Retail (Dispensary) and Delivery as applicable
to the combination of uses within the license.
D.
Pesticides.
The cultivation of Cannabis must be conducted in accordance with all
applicable Federal, State, and local laws and regulations governing
the use of pesticides. Any fumigation or insecticidal fogging shall
comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal
Fogging).
(Ord. 2017-025 § 6)
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides additional operational requirements for Cannabis Manufacturing.
A.
Extraction
processes. Cannabis Manufacturers shall utilize only extraction processes
that are: (1) solvent-free or that employ only non-flammable, nontoxic
solvents that are recognized as safe pursuant to the Federal Food,
Drug, and Cosmetic Act; and/or (2) use solvents exclusively within
a closed loop system that meets the requirements of the Federal Food,
Drug, and Cosmetic Act including use of authorized solvents only,
the prevention of off-gassing, and certification by a California licensed
engineer.
B.
Loop
systems. No closed loop systems shall be utilized without prior inspection
and approval of the City's Building Official and Fire Code Official.
C.
Standard
of equipment. Extraction equipment used by the Cannabis Manufacturer
must be listed or otherwise certified by an approved third-party testing
agency or licensed professional engineer and approved for the intended
use by the City's Building Official and Fire Code Official.
D.
Annual
re-certification required. Extraction equipment used by the Cannabis
Manufacturer must be recertified annually and a report by a licensed
professional engineer on the inspection shall be maintained on-site.
E.
Food
handler certification. All owners, employees, volunteers or other
individuals that participate in the production of edible Cannabis
Products must be State certified food handlers. The valid certificate
number of each such owner, employee, volunteer or other individual
must be on record at the Cannabis Manufacturer's facility where that
individual participates in the production of edible Medical Cannabis
Products.
F.
Edible
product manufacturing. Cannabis Businesses that sell or manufacture
edible medical cannabis products shall obtain a Sonoma County Health
Permit. Permit holders shall comply with Health and Safety Code Section
13700 et seq., and Sonoma County Health permit requirements. These
requirements provide a system of prevention and overlapping safeguards
designed to minimize foodborne illness, ensure employee health, demonstrate
industry manager knowledge, ensure safe food preparation practices
and delineate acceptable levels of sanitation for preparation of edible
products.
(Ord. 2017-025 § 6)
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides location and operating requirements for Cannabis Retail (Dispensary) and Delivery.
A.
Conditional
use. A Conditional Use Permit shall be required to operate Cannabis
Retail (Dispensary) and Delivery in accordance with Tables 2-6 and
2-10. The use permit application shall clearly specify if the use
is for medical and/or for adult use retail.
B.
Delivery
services. In addition to the requirements established in this Chapter
for Cannabis Retail, the delivery of Cannabis and Cannabis Products
shall be subject to the following requirements:
1.
Commercial
delivery to patients at locations outside a permitted Cannabis Retail
facility shall only be permitted in conjunction with a permitted Cannabis
Retail facility that has a physical location and a retail storefront
open to the public.
2.
A
Cannabis Retail facility shall not conduct sales exclusively by delivery.
3.
Conditional
Use Permit applications for Cannabis Retail shall include a statement
as to whether the use will include delivery of Cannabis and Cannabis
Products to patients located outside the Cannabis Retail facility.
4.
If
delivery services will be provided, the application shall describe
the operational plan and specific extent of such service, security
protocols, and how the delivery services will comply with the requirements
set forth in this Chapter and State law.
C.
Drive-through
services. Drive-through or walk-up window services in conjunction
with Cannabis Retail are prohibited.
D.
Location
requirements. In addition to the requirements established in Tables
2-6 and 2-10, Cannabis Retail shall be subject to the following location
requirements:
1.
Overconcentration.
To avoid overconcentration, a Cannabis Retail use shall not be established
within 600 feet of any other Cannabis Retail use established within
and permitted by the City of Santa Rosa. The Department shall establish
evaluation criteria and selection procedures as necessary to avoid
overconcentration of Cannabis Retail uses where competing applications
are submitted within a 600-foot radius of each other.
2.
Setback
to schools. Cannabis Retail shall be subject to a 600-foot minimum
setback from any K-12 "school," as defined by the Health and Safety
Code Section 11362.768.
3.
Measurement
of distance. The distance between Cannabis Retail and a school shall
be made in a straight line from the boundary line of the property
on which the Cannabis Retail is located to the closest boundary line
of the property on which a school is located.
4.
Location of a new school after permit issued. Establishment of a school within the required setback of a Cannabis Retail facility after such facility has obtained a Conditional Use Permit for the site shall render the Cannabis Retail facility legal non-conforming and subject to the protections and provisions of Chapter 20-61 (Non-Conforming Uses, Structures and Parcels).
5.
Visibility
of entrance. The storefront entrance of a Cannabis Retail facility
shall be in a visible location that provides an unobstructed view
from the public right-of-way.
E.
Edible
products. Cannabis Businesses that sell or manufacture edible medical
cannabis products shall obtain a Sonoma County Health Permit. Permit
holders shall comply with Health and Safety Code Section 13700 et
seq., and Sonoma County Health permit requirements. These requirements
provide a system of prevention and overlapping safeguards designed
to minimize foodborne illness, ensure employee health, demonstrate
industry manager knowledge, ensure safe food preparation practices
and delineate acceptable levels of sanitation for preparation of edible
products.
F.
Operational
requirements. In addition to project specific conditions of approval,
Cannabis Retail shall comply with the following operational requirements:
1.
Employees.
The Cannabis Retail Operator shall maintain a current register of
the names of all employees employed by the Cannabis Retailer, and
shall disclose such register for inspection by any City officer or
official for purposes of determining compliance with the requirements
of this section.
2.
Recordkeeping.
The Cannabis Retail Operator shall maintain patient and sales records
in accordance with State law.
3.
Protocols
and requirements for patients and persons entering the site. No person
shall be permitted to enter a Cannabis Retail facility without government
issued photo identification. Cannabis Businesses shall not provide
Cannabis or Cannabis Products to any person, whether by purchase,
trade, gift or otherwise, who does not possess a valid government-issued
photo identification card and a valid physician's recommendation under
Section 11362.712 of the Health and Safety Code.
4.
Hours
of operation. Cannabis Retail may operate between the hours of 9:00
a.m. to 9:00 p.m. up to seven days per week unless the review authority
imposes more restrictive hours due to the particular circumstances
of the application. The basis for any restriction on hours shall be
specified in the permit.
5.
Secured
access. A Cannabis Retail facility shall be designed to prevent unauthorized
entrance into areas containing Cannabis or Cannabis Products. Limited
access areas accessible to only authorized personnel shall be established.
6.
Secured
products. Cannabis and Cannabis Products that are not used for display
purposes or immediate sale shall be stored in a secured and locked
room, safe, or vault, and in a manner reasonably designed to prevent
diversion, theft, and loss.
7.
Sale
and display of cannabis paraphernalia. No dispensary shall sell or
display any cannabis related paraphernalia or any implement that may
be used to administer Cannabis or Cannabis Products unless specifically
described and authorized in the Conditional Use Permit. The sale of
such products must comply with the City's zoning code and any other
applicable State regulations.
8.
On-site
physician restriction. Cannabis Retail shall not have an on-site or
on-staff physician to evaluate patients and provide a recommendation
for Cannabis.
9.
Site
management. The Cannabis Retail Operator shall take reasonable steps
to discourage and correct objectionable conditions that constitute
a nuisance in parking areas, sidewalks, alleys and areas surrounding
the premises and adjacent properties during business hours if directly
related to the patrons of the subject retailer. For purposes of this
subsection, "reasonable steps" shall include calling the police in
a timely manner; and requesting those engaging in nuisance activities
to cease those activities, unless personal safety would be threatened
in making the request.
10.
Advertising and signs. A Cannabis Retail facility shall not advertise
or market cannabis or cannabis products on an advertising sign within
1,000 feet of a day care center, school providing instruction in kindergarten
or any grades 1 through 12, playground, or youth center.
11.
Display of permit. Cannabis Retail shall maintain a copy of its permit
on display during business hours and in a conspicuous place so that
the same may be readily seen by all persons entering the facility.
G.
On-site
consumption. In addition to the requirements established in this Chapter
for Cannabis Retail, the consumption of Cannabis and Cannabis Products
shall be subject to the following requirements:
1.
Patients or customers. Neither patients nor customers shall be permitted to consume cannabis on the site of a Cannabis Retail facility except as permitted in accordance with Chapter 9-20 (Smoking Regulations), in compliance with State law and as follows:
a.
Conditional Use Permit applications for Cannabis Retail shall include
a statement as to whether the use will include on-site consumption
by patients or customers of Cannabis and Cannabis Products.
b.
If on-site consumption will be included, the application shall describe
the operational plan and specific extent of such provision, security
protocols, and how the consumption will comply with the requirements
set forth in this Chapter and State law.
2.
Employees. Employees of a Cannabis Retail facility who are qualified patients may consume medical Cannabis or Cannabis Products on-site within designated spaces not visible by members of the public, provided that such consumption is in compliance with Chapter 9-20 (Smoking Regulations) and State law.
3.
Signs regarding public consumption. The entrance to a Cannabis Retail facility shall be clearly and legibly posted with a notice indicating that smoking and vaping of Cannabis is prohibited on site or in the vicinity of the site except as permitted in accordance with Chapter 9-20 (Smoking Regulations) and State law.
(Ord. 2017-025 § 6; Ord. 2018-002 § 3)
A.
Dual
licensing. The City recognizes that State law requires Cannabis Businesses
to obtain dual licensing at the State and local level for temporary
special events that involve on-site cannabis sales to, and consumption
by patients. Such events shall not be allowed to commence until the
Cannabis Business can demonstrate that all necessary local permits,
State temporary event licenses, and agency permits have been obtained
in compliance with any regulations and deadlines established by the
City and the State.
(Ord. 2017-025 § 6)
In addition to the grounds in Section 20-54.100 (Permit revocation or modification), the review authority may require modification, discontinuance or revocation of a Cannabis Business permit if the review authority finds that the use is operated or maintained in a manner that it:
A.
Adversely
affects the health, peace or safety of persons living or working in
the surrounding area;
B.
Contributes
to a public nuisance; or
C.
Has
resulted in repeated nuisance activities including disturbances of
the peace, illegal drug activity, diversion of Cannabis or Cannabis
Products, public intoxication, smoking in public, harassment of passerby,
littering, or obstruction of any street, sidewalk or public way; or
D.
Violates
any provision of the City Code or condition imposed by a City issued
permit, or violates any provision of any other local, State, regulation,
or order, including those of State law or violates any condition imposed
by permits or licenses issued in compliance with those laws.
(Ord. 2017-025 § 6)
