ORDINANCE NO. 441-2017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED RELATING TO THE PERMITTING AND LICENSING OF CANNABIS-RELATED BUSINESSES

The City Council finds that certain cannabis-related businesses by their nature have the potential to disturb the quiet enjoyment of neighboring properties or otherwise constitute public nuisances, and those projects should be reviewed for compatibility.

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

Section 1. Unlawful Businesses. Subsection E. is added to Municipal Code section 5.04.450, said subsection to read in its entirety as follows:

 E. Notwithstanding the prohibitions of subsections A and B, hereinabove, a business license may be issued to a cannabis-related business if the business is otherwise permitted by this Code and under state law, and the applicant and business have met all requirements for the operation of such business.

Section 2. Permit Required for Certain Businesses. Section 5.04.060(A) is revised to read in its entirety as follows:

 A. No license shall be issued, re-issued, or renewed, to a business which engages in the business of growing, processing, manufacturing, packaging, handling, transporting, testing, distribution, storing, or selling cannabis or any product containing cannabis or its derivatives, until a permit has been first obtained from the city upon the applicant’s compliance with all requirements of this Code. (See, for example, Chapter 8.30 re: permitting of medical cannabis clinics.)

Section 3. Exemptions – Cannabis-Related Businesses. Subsection 5.04.390(C) is adopted to read in its entirety as follows:

 C. Nothing in this section shall exempt any business (whether operated for profit or for charitable purposes) from the requirement of a business license which engages in the business of growing, processing, manufacturing, packaging, handling, transporting, testing, distributing, storing, or selling cannabis or any product containing cannabis or its derivatives.

Section 4. Weed Municipal Code section 5.04.060(D) is adopted to read in its entirety as follows:

 D. A business license may be issued to a business, whether for profit or otherwise, which significantly engages in the growing, processing, manufacturing, packaging, handling, transporting, distribution, storing, or selling of cannabis or cannabis-related products only upon the issuance of a Cannabis-Related Activity Conditional Use Permit by the planning commission pursuant to the criteria stated in this code section 18.32.020. The planning commission’s decision on the project shall be subject to appeal pursuant to the procedure stated in this Code’s section 18.32.120. Notwithstanding the foregoing if such a business engages in laboratory testing of cannabis or cannabis-related products, but in none of the aforementioned activities to a significant degree, it shall require no such Cannabis-Related Activity Conditional Use Permit. The requirements of this subpart shall be in addition to the zoning restrictions of Title 18 of this Code. The city manager or his/her designee may establish forms, requirements, procedures, and other protocols for the application and issuance of such permits and for the monitoring and enforcement of compliance with any conditions imposed by the planning commission. The city council may, by resolution, from time to time, establish and revise fee schedules and other charges for such applications and permits.

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 12th day of October, 2017, and thereafter adopted at a regular meeting of said Council held the 9th day of November, 2017 by the following vote to wit:

AYES: Council Members Green, Hall, Palfini, and Tavalero

NOES: None

ABSENT: Council Member Greene

/s/ Ken Palfini, Mayor, City of Weed

ATTEST:

/s/ Deborah Salvestrin, City Clerk, City of Weed

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