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21.04.130 Retail cannabis business operating requirements.

A retail cannabis business shall comply with the following operating requirements:

(a)    The maximum hours of operation shall be daily from nine a.m. to nine p.m., unless the police chief imposes more restrictive hours as a condition of the permit. A retail cannabis business conducting sales by deliveries shall not conduct any deliveries outside the applicable hours of operation of the business.

(b)    Retail customers shall only be permitted in designated retail customer areas of the cannabis business. Retail customer areas are those areas where limited quantities of cannabis and cannabis goods are sold and displayed for purchase. The retail cannabis business shall verify that persons entering the retail customer areas are authorized to purchase cannabis. Authorized retail customers mean the following:

(1)    For a retail cannabis business authorized to sell medical cannabis, an “authorized retail customer” means a medical cannabis patient who is at least eighteen years old and possesses a physician’s recommendation in accordance with the Compassionate Use Act of 1996, Health and Safety Code Section 11362.5 et seq. Medical cannabis patients under the age of 18 shall be accompanied by a parent, legal guardian, or primary caregiver. Medical cannabis patients shall provide proof of a valid physician’s recommendation and valid proof of identification.

(2)    For a retail cannabis business authorized to sell adult-use cannabis, an “authorized retail customer” means an individual that is at least twenty-one years of age. Every retail customer shall provide valid proof of identification demonstrating the age of the individual.

(c)    A retail cannabis business shall not allow or permit any person to smoke or ingest cannabis or cannabis products on the business site.

(d)    Other than retail customer areas, all other areas of the retail cannabis business shall be limited access areas restricted to managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as city officials, contractors, inspectors, and cannabis transporters.

(e)    The retail cannabis business shall prohibit loitering by persons outside the establishment, either on the premises or within fifty feet of the premises.

(f)    A manager must be on the cannabis business site at all times that any other person, except for security guards, is on the site. For purposes of this section, a “manager” shall mean and include the retail cannabis business permittee, owner, proprietor, manager, assistant manager, or other person exercising control over the operation of the cannabis business.

(g)    Employees of the retail cannabis business shall not smoke or consume cannabis or cannabis products on the business premises while working.

(h)    Cannabis consumption and possession may be prohibited under the laws, regulations and policies of local and state entities. In addition, both possession and consumption are forbidden by the federal government and could have negative impacts on immigration status and obtaining visas (or as modified by the city manager as appropriate due to changes in local, state or federal laws, regulations or policies).

(i)     A retail cannabis business shall comply with all signage, packaging, labeling, and advertising requirements imposed by state law. (Ord. 2515 § 2, 2017)