This public legal notice was published in the June 28, 2017 edition of Mount Shasta Area Newspapers after Ordinance No. 436-2017 was approved by the Weed City Council during their June 15 meeting.
ORDINANCE NO. 436-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED REVISING THE WEED MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF LOCATION AND OPERATIONS OF MEDICAL CANNABIS DISPENSARIES
The City Council of the City of Weed does ordain as follows:
Section 1. Chapter 8.30 of the Weed Municipal Code is adopted to read in its entirety as follows:
MEDICAL CANNABIS DISPENSARIES
8.30.010 – Purpose and intent
8.30.020 – Restrictions on dispensaries
8.30.030 – Definitions
8.30.030 – Sales taxes
8.30.040 – Allowable locations
8.30.060 – Operating requirements and prohibitions
8.30.070 – Signage
8.30.080 – Employee record
8.30.090 – Patient records
8.30.100 – Business license
8.30.120 – Appeals
8.30.130 – Notices
8.30.010 – Purpose and intent. It is the purpose and intent of this chapter to regulate the locations and operations of medical cannabis dispensaries in order to promote the health, safety, and general welfare of residents and businesses within the city. It is neither the intent nor the effect of this chapter to condone or legitimize the use or possession of cannabis (marijuana) except as allowed by California law.
8.30.020 – Restrictions on dispensaries. No medical cannabis, or other cannabis, may be dispensed or sold within the city, whether from a fixed or mobile location, except at an alternative medical clinic in compliance with this chapter.
8.30.030 – Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings:
A. “Alternative medical clinic” means: 1. A non-profit entity (corporation, association, co-operative, or other form of non-profit organization) which complies with California law as it may from time to time provide for such entities to dispense medical cannabis to qualified persons; and,
2. Which provides, on the premises where such dispensary is located, upon request, not less than two (2) alternative medical and/or wellness therapies, including but not necessarily limited to massage, chiropractic, acupuncture, herbalism, homeopathy, and aromatherapy. The city manager may specify such additional therapies as are consistent with the intent of this part.
B. “City” means the City of Weed.
C. “City attorney” means the city attorney of the City of Weed.
D. “City clerk” means the city clerk of the City of Weed and his/her designated deputy or deputies.
E. “City council” means the city council of the City of Weed.
F. “City hall” means the city hall of the City of Weed, located at 550 Main Street.
G. “City manager” means the city manager of the City of Weed and his/her designee(s).
H. “Clinic” means an alternative medical clinic as defined hereinabove.
I. “Drug paraphernalia” means those items defined in Health & Safety Code sec. 11364.5, and as amended from time to time.
J. “Identification card” means a card identifying an authorized medical cannabis user, as referred to in Health & Safety Code sec. 11362, and as may be amended from time to time.
K. “Cannabis” includes any part of a cannabis plant (marijuana) and any extract thereof.
L. “Medical cannabis” means cannabis and products containing cannabis derivatives to be used by qualified patients.
M. “Permit” means an alternative medical clinic permit.
N. “Person” means an individual, partnership, association, corporation, limited liability company, or any other form of business entity or group of associated individuals.
O. “Primary caregiver” means a person as defined by Health & Safety Code section 11362, et seq., and as may be amended from time to time.
P. “Qualified patient” means an individual as defined by Health & Safety Code section 11362, et seq., and as may be amended from time to time.
Q. “School” means an institution for learning for minors, whether public or private, offering a regular, full-time, on-site, course of academic instruction as required by the Education Code, but does not include a “home-school” facility.
8.30.030 – Sales taxes. An alternative medical clinic shall comply with any requirements of the State Board of Equalization and the City of Weed to collect and remit sales tax on its taxable transactions.
8.30.040 – Allowable locations. A. Downtown business district. An alternative medical clinic may be located only in the downtown business district, on Main Street between State Highway 97 (Weed Boulevard) and Division Street.
B. Locations. An alternative medical clinic shall have its business entrance and identifying signage facing and readily visible from the sidewalk of Main Street directly in front of the clinic. The clinic or any part thereof may be at street level and/or upstairs.
8.30.050 – Permit. A. Permit required. No alternative medical clinic, or any other office, store, clinic, dispensary, or facility that dispenses, sells, offers for sale, or distributes cannabis, whether for profit or without, shall be established or operated except upon issuance by the city and possession in good standing of an alternative medical clinic permit, provided, however, that nothing herein shall prohibit a primary caregiver from giving medical cannabis to a qualified patient in compliance with state law. The permit shall be prominently displayed at the business location and be made available for inspection by any city law enforcement officer, the city manager, and the city clerk, upon request.
B. Application; Fees. 1. No Permit shall be issued by the city except upon submission of the designated application form, completion of the required documentation, and payment of the required fee.
2. The city manager and/or city clerk shall develop a form and other requirements for persons to apply for an alternative medical clinic permit and a schedule of fees to be charged for the application, renewal, inspection of premises, background checks, fingerprinting, and other city actions relating to the permit, sufficient to recover the city’s estimated actual expenses for the same. The fee schedule shall be approved by resolution of the city council.
3. Permit applications shall be reviewed for completeness and compliance by the city manager, in consultation with the chief of police or his/her designee. If an application is complete and in compliance with state law, this chapter, and any other applicable ordinance, it shall be approved.
4. The application shall designate the location at which the clinic is to be established. City may require an inspection of the premises proposed to be used by the clinic, and criminal background checks on the applicant and any officers and managers thereof, as conditions of the issuance of the permit. If an applicant or permittee desires to change the designated location for its clinic, it shall apply to the city for an amendment to its application or permit.
5. Fee requirements shall go into effect upon posting. The city council reserves the power to review and adjust the fee schedule at any time.
6. The city manager or city clerk shall post in a prominent public location at city hall a notice of the initial availability of the application form and of the fee schedule promptly upon their adoption of the same. Applications will not be received prior to said notices. Said notices may, but are not required to be, posted prior to the effective date of this ordinance.
7. All permit applications shall be presented, in person, to the office of the city clerk or city manager. The date and time of the city’s receipt of permit applications shall be entered upon the application upon receipt and they shall be processed in the order they are received. The city clerk or city manager shall maintain a list of all submitted applications and the sequence in which they were received by the city, which list shall be a public record for all purposes.
8. The city may receive, but shall be under no obligation to process and approve, permit applications when all authorized permits have already been issued.
9. Application fees shall not be collected, and prepaid fees shall be refunded to all applicants, when all authorized permits have already been issued.
10. If, within twelve (12) months after its receipt by the city an application for a permit has for any reason not been approved, it shall expire.
11. If unissued permits are available for issuance, applications therefor shall be processed expeditiously and in any event within sixty (60) days of when a complete application, and accompanying fee, have been received by the city, provided, however, that no failure to meet this target shall result in automatic approval.
12. If any applicant is denied a permit, the city manager shall promptly notify the applicant of the fact, the reason(s) for denial, and of the applicant's right to request further review by the city manager, which review shall be completed within thirty (30) days of request, and if that review does not resolve the issue to the satisfaction of the city manager, of the right to an administrative appeal of the denial to the city council, as provided herein below, which appeal shall be heard and decided within thirty (3) days of request, and that the decision of the council shall be final. A person whose permit application has been denied as incomplete shall not lose its place in the list of applications referred to at subpart (7), above, so long as the deficiency is cured within ninety (90) days of notice from the city, but if such a timely cure is not made, the application shall expire and must be re-submitted as a new application. A permit application which is rejected because it does not comply with the requirements of this chapter shall not be considered further by the city.
13. The permit application of any person who applies for a permit, or who has an ownership interest in any entity that applies for a permit, or who is, or is proposed to be a manager or supervisor for any clinic, shall be rejected if the person has had a felony criminal conviction in the immediately preceding ten (10) years unless the same has been expunged by court order.
C. Limited permits allowed. The city will initially issue only two (2) permits for alternative medical clinics, which may not be issued to the same person, or to any person with an interest in more than one such applicant or clinic. The city council may, by resolution, increase the number of allowable clinics.
D. Term. The permit shall be good for a period of three (3) years from its date of issuance. Applications for permit renewal on the required form, along with the applicable fees, may be submitted to the city clerk not more than one hundred twenty (120), nor less than sixty (60), days prior to the scheduled expiration of the existing permit. An application for renewal shall take priority over other, new, permit applications. If a permittee fails to submit a timely and complete application for renewal and required fee, the permit shall be deemed to be available and any person may apply for it in the manner described in subpart B, above. If the city council repeals this ordinance allowing cannabis dispensaries prior to the expiration of three (3) years from the effective date hereof, such a repealing ordinance may provide that all existing permits, including unexpired permits, are terminated in 180 days.
E. Exercise of permit. If a clinic for which a permit is issued by the city is not open for business within 180 days of issuance, or is closed for business for 180 consecutive days after it has opened for business, the permit shall automatically expire, provided, however, that the city manager may grant one or more ninety (90) day extensions of the limitation period upon the written request of the permittee showing good cause for the delay. For the purposes of this subpart, “good cause” means cause which is outside the control of a qualified, well-prepared, and adequately capitalized permittee.
F. Suspension; Revocation. 1. Permit may be immediately suspended by the city manager for a period of up to thirty (30) calendar days upon issuance of written notice to the permittee of a determination that the clinic has been operated in violation of any provision of this chapter, of any other part of the municipal code, or of state law. The notice shall specify the specific violations committed by or at the clinic.
2. During a period of suspension, as provided above, a permit may be revoked by the city manager upon issuance of written notice to the permittee of a determination that any of the following have occurred:
a. any criminal violations of state law have occurred on the clinic premises or in regard to clinic operations;
b. repeated violations of this chapter have been committed by the clinic or its personnel; or,
c. other good cause which, in the reasonable opinion of the city manager, endangers the public health or safety.
3. Notices given above shall notify the permittee of its right to appeal the suspension/revocation to the city council, the decision of which shall be final.
G. Other administrative regulations. The city manager, in consultation with the city attorney, may adopt additional regulations and procedures which are not inconsistent with this chapter, regarding the application, review, issuance, regulation, suspension, and revocation of permits, and make the same readily available to the public on the city's website and upon request. Such regulations and procedures shall go into effect immediately upon issuance, but shall at all times be subject to review by the city council, in its discretion, at the request of the city manager or any interested person.
H. Permits non-transferable; renewed application. A permit issued under this chapter may not be transferred to any other person. If the chief executive officer, chief financial officer, and secretary of an organization are all changed, or a majority of the membership of the board of directors or other governing body of any organization is changed, within a 12-month period, the permittee must apply for a new permit prior to the change and provide such information as the city manager may then specify. The clinic may continue to operate while the permit renewal application is pending and the application shall take priority over the issuance of permits to any other applicants.
8.30.060 – Operating requirements and prohibitions. A. Clinic layout. All medical cannabis shall be kept in a secure room, separate from other clinic operations, where the public will not have access unless intentionally admitted by the clinic operator. The clinic shall have suitable locked storage areas on-site where the medical cannabis shall be kept while the clinic is not open for business. If any significant changes to clinic layout are to be made, they must first be reviewed by the city manager for compliance with this chapter.
B. Minors. No person under the age of eighteen (18) may have access to, or may enter, the room where the clinic's medical cannabis is kept.
C. Access to dispensary. In addition to clinic personnel, no person who is not a qualified patient or primary caregiver shall have access to, or may enter, the secured room where the clinic’s medical cannabis is kept, provided, however, that said room and all other areas of the clinic shall be made readily available to inspection by authorized city officials upon request.
D. Security. A clinic shall obtain and maintain in good working order adequate security on the premises, including lighting and a professional alarm and burglary system.
E. Security cameras. A clinic shall install and maintain in good working order security surveillance cameras to monitor, at the minimum, the public entrance and the medical cannabis dispensing area, and shall retain the video recordings for a period of not less than fourteen (14) days.
F. Compliance with state law. A clinic shall at all times satisfy all operating criteria for the dispensing of medical cannabis as required by state law, including the Medical Cannabis Patient Act (Health & Safety Code sec. 11362.775)
G. Odor control. If live plants or unprocessed cannabis are on-site, the clinic shall have an air treatment system that reduces off-site odors to an insignificant level.
H. Operating hours. A clinic may be open to the public between the hours of 8:00 am and 9:00 p.m., any day(s) of the week.
I. Qualified patients. A clinic shall dispense only to qualified patients or their primary caregivers with a currently valid physician’s recommendation in compliance with the criteria in Health & Safety Code sec. 11362, et seq. All such persons shall present valid official identification, such as a driver’s license or state identification card. Before dispensing, the clinic shall also obtain verification from the recommending physician’s office that the person requesting medical cannabis is then a qualified patient.
J. Vending machines. Medical cannabis may not be dispensed by a vending machine at a clinic.
K. On-premises use. No medical cannabis may be smoked, ingested, or otherwise consumed on or about the clinic premises, provided, however, that small, medically insignificant, samples of edibles containing medical cannabis or extracts thereof may be offered to and consumed by qualified patients. For purposes of this subpart, “premises” includes the building wherein the clinic is located, as well as any accessory structures, parking areas, or other exterior areas within 100 feet of the public entrance to the clinic.
L. Redistribution. Clinic operations shall not result in the illegal redistribution of medical cannabis obtained from the clinic, nor use or distribution which in any manner violates state law.
M. Cultivation. No cannabis shall be cultivated on the premises of the clinic except in compliance with state law and this code provided, however, that immature cuttings may be kept, sold, and distributed.
N. Sale of paraphernalia and non-medical items. A clinic shall not sell or distribute paraphernalia, except for small hand-held pipes intended for individual use to smoke medical cannabis (but not “crack-cocaine”), lighters, matches, vaporizers, and cigarette rolling papers, and shall not sell any other items except those related to the other therapies offered by the clinic. However, nothing herein shall prohibit the operator of the clinic from selling any prohibited items in a separate store or other retail facility at any location, including one immediately adjacent to the clinic. To the extent that the sale of paraphernalia authorized by this subpart is inconsistent with the prohibitions of chapter 9.06 of this code, this authorization shall supersede the prohibition for the limited purposes of this chapter.
O. Delivery prohibited. Delivery or dispensing of medical cannabis to any location away from the permitted premises is prohibited.
P. Site management. Clinic management shall take all necessary steps to discourage and correct objectionable conditions that constitute a nuisance to neighbors or in other areas adjacent to the clinic. Loitering on or about the exterior areas of the clinic shall be prohibited. Clinic management shall be responsible for the removal of trash, litter, and graffiti of its patients and other invitees from the clinic premises and other areas adjacent to the clinic.
Q. Alcoholic beverages. A clinic shall not distribute or serve alcoholic beverages.
R. City inspections. Clinic premises shall at all times be subject to inspection by city staff, including but not limited to code enforcement, building inspection, fire inspection, and law enforcement personnel to ensure compliance with this chapter.
8.30.070 – Signage. A. No smoking notice. A clinic shall erect and maintain a sign not less than two (2) square feet in size, legible from at least 25 feet away, which states that the smoking, ingesting, or consuming of cannabis and cannabis products within 100 feet of the clinic is prohibited.
B. Other signage. All other clinic signage shall comply with applicable city ordinances. No clinic signage shall contain the word "weed", a green cross, nor portray cannabis (marijuana) leaves.
8.30.080 – Employee records. A clinic shall maintain, for a period of two (2) years, a current register of the names and addresses of all employees, volunteers, directors, and officers of the clinic and shall disclose the same for inspection by any city officer or official for the purpose of determining compliance with this chapter.
8.30.090 – Patient records. A clinic shall maintain, for a period of one (1) year, confidential records of its patients, including but not limited to the persons to whom it dispenses medical cannabis. Such records may be disclosed to the city and to third parties only in compliance with applicable laws.
8.30.100 – Business license. In addition to the permit required by this chapter, a clinic shall obtain a business license from the city in compliance with chapter 5.04 of this code, notwithstanding the clinic's non-profit status and any exemption that might otherwise be afforded by section 5.04.390. To extent that issuance of a business license pursuant to this chapter would be otherwise prohibited by section 5.04.450 of this code, that section is superseded by this chapter.
8.30.120 – Appeals. Any decision of the city manager or his or her designee may be appealed by a permit applicant, or by a permittee, to the city council upon written request filed with the city clerk within fifteen (15) days after the city has given the person notice of its decision.
8.30.130 – Notices. Any notices from the city to an applicant or permittee shall be in writing and mailed, first-class postage prepaid, to the person’s designated address.
Section 2. If any provision of this ordinance is determined to be unlawful or otherwise unenforceable, that provision shall be severed here from and the remaining provisions shall remain in full force and effect.
Section 3. A summary of this ordinance may be prepared by the city attorney and published in lieu of the full text hereof in accordance with the Government Code.
Section 4. The city clerk is hereby authorized to publish the summary and post certified copies of the full text of the proposed and then adopted ordinances as required by Government Code Section 36933.
Section 5. This ordinance shall take effect and be in force thirty (31) days after its passage.
Section 6. This ordinance shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, within fifteen (15) days after its passage.
I HEREBY CERTIFY the foregoing ordinance was introduced for first reading at a regular meeting of the City Council of the City of Weed held the 11th day of, 2017, and thereafter adopted at an adjourned regular meeting of said Council held the 15th day of June, 2017, by the following vote to wit:
AYES: Council Members Green, Greene, Hall, Palfini, and Tavalero
/s/ Ken Palfini, Mayor, City of Weed
/s/ Deborah Salvestrin, City Clerk
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