ORDINANCE NO. 439-2017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED REVISING AND RESTATING SECTION 8.30.050 OF THE WEED MUNICIPAL CODE’S CHAPTER 8.30 ENTITLED MEDICAL CANNABIS DISPENSARIES

The City Council of the City of Weed does ordain as follows:

Section 1. Section 8.30.050 B. 3. of the Weed Municipal Code is hereby revised at the final sentence to read as follows:

 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, and issuance of the requested permit would not be violative of state law, it shall be approved and the permit shall be issued.

Section 2. Section 8.30.050 B. 6. Of the Weed Municipal Code is hereby revised to omit the final sentence and to read as follows:

 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 the posting of said notices.

Section 3. Section 8.30.050 B. 9. of the Weed Municipal Code is hereby revised to read as follows:

 9. Application fees shall not be collected when all authorized permits have already been issued. Prepaid fees, less a ten percent (10%) initial processing fee, shall be refunded to all applicants when all authorized permits have already been issued.

Section 4. Section 8.30.050 B. 12. of the Weed Municipal Code is hereby revised at the final sentence to read as follows:

 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 (30) 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. The city shall retain ten percent (10%) of the fee paid on such an application to cover the initial processing expenses, and refund the balance to the applicant.

Section 5. Section 8.30.050 B. 14. and Section 8.30.050 B. 15. of the Weed Municipal Code are hereby revised to read as follows:

 14. Any applicant for a permit must provide the city with satisfactory evidence of at least one (1) continuous year of lawful operational experience of another California medical cannabis dispensary by a person who will have primary management responsibility for the clinic and will be employed at the clinic for which the permit is being sought.

 15. Any previous conviction by any owner or officer of an applicant for a permit for a violation of law or ordinance with regard to the operation of another medical cannabis dispensary shall disqualify such applicant.

Section 6. Section 8.30.050 C. of the Weed Municipal Code is hereby revised to read as follows:

 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, nor to any person with an ownership interest in more than one such applicant or clinic within the city. The city council may, by resolution, increase the number of allowable clinics.

Section 7. Section 8.30.050 G. of the Weed Municipal Code is hereby revised to read as follows:

 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 regarding the interpretation and application of this ordinance, 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.

Section 8. Section 8.30.060 A. of the Weed Municipal Code is hereby revised to read as follows:

 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. The clinic shall at all times specify and maintain a dedicated area on the premises, separate from the area where medical cannabis will be dispensed, for the provision of the other designated wellness therapies required by section 8.30.030 A. 2. above. 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.

Section 9. Severability. 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 10. 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 11. 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 12. This ordinance shall take effect and be in force thirty (31) days after its passage.

Section 13. 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 10th day of August, 2017, and thereafter adopted at a regular meeting of said Council held the 12th day of October, 2017, by the following vote to wit:

AYES: Council Members Greene, Palfini, and Tavalero

NOES: None

ABSENT: Council Members Green and Hall

Mayor, City of Weed

ATTEST:

City Clerk, City of Weed

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