ORDINANCE NO. 446-2018

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED AUTHORIZING ADULT-USE CANNABIS DISPENSARIES

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

Section 1. Chapter 8.31 of the Weed Municipal Code is adopted to read in its entirety as follows:

“Chapter 8.31

ADULT USE CANNABIS DISPENSARIES

Sections:

8.31.010 Purpose and intent.

8.31.020 Restrictions on adult-use dispensaries.

8.31.030 For-profit business entities.

8.31.040 Operation in conjunction with alternative medical clinic.

8.31.050 Definitions.

8.31.060 Restrictions and requirements.

8.31.070 Permit.

8.31.080 State law.

8.31.090 Other administrative regulations.

8.31.100 Permits non-transferable; renewed application.

8.31.110 Operating requirements and prohibitions.

8.31.120 Signage.

8.31.130 Employee records.

 8.31.010 Purpose and intent. It is the purpose and intent of this chapter to regulate the locations and operations of adult-use 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 sale, use, or possession of cannabis (marijuana) except as allowed by California law.

 8.31.020 Restrictions on adult-use dispensaries. No adult-use cannabis, or other cannabis, may be dispensed or sold within the city, whether from a fixed or mobile location (including deliveries from lawfully operating medical or adult-use dispensaries located outside of the city), except upon the issuance of a city permit therefore to the person(s), to a business entity, or to the principals of a business entity, to which an alternative medical clinic permit which is already open for business and lawfully operating as of the effective date of this ordinance in compliance with Chapter 8.30 and the additional requirements of this chapter.

 8.31.030 For-profit business entities. If the holder of an alternative medical clinic permit is a non-profit entity, the principals of the entity may form a for-profit business entity to apply for and operate an adult-use cannabis dispensary permit.

 8.31.040 Operation in conjunction with alternative medical clinic. An adult-use cannabis dispensary must be operated from the same premises as an alternative medical clinic.

 8.31.050 Definitions. As used in this chapter the following definitions shall apply:

  A. “Adult-use cannabis” means cannabis, which is lawfully sold or otherwise dispensed, to persons over the age of twenty-one (21) years without the necessity of a medical cannabis identification card.

  B. “Adult-use cannabis dispensary” means an alternative medical clinic which either does, or does not, also dispense adult-use cannabis in compliance with state law and this chapter.

  C. “Adult-use cannabis dispensary permittee” means a person or business entity (corporation, partnership, limited liability company, association, or other form of organization) which complies with California law as it may from time to time provide for such persons or entities to dispense adult-use cannabis.

  D. “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, herbalist, homeopathy, and aromatherapy. The city manager may specify such additional therapies as are consistent with the intent of this part.

  E. “Dispensary” means an adult-use cannabis dispensary.

  F. “Permit” means an adult-use cannabis dispensary permit.

  G. Other. The other definitions of Chapter 8.30 shall also apply to this Chapter 8.31, as well, unless a different definition is stated herein, or the context so indicates.

 8.31.060 Restrictions and Requirements. The provisions of chapter 8.30 of this Municipal Code applicable to medical cannabis dispensaries shall remain applicable any combined medical cannabis dispensary and adult-use cannabis dispensary except to the extent they are expressly or implicitly contradicted by, or are clearly incompatible with, provisions of this Chapter 8.31.

 8.31.070 Permit A. Permit Required. No adult-use cannabis dispensary or any other office, store, clinic, dispensary, facility, or person that dispenses, sells, offers for sale, or distributes adult-use cannabis, whether for profit or without, shall be established or operated except upon issuance by the city and possession in good standing of an adult-use cannabis dispensary permit. This section modifies the prohibitions of Municipal Code section 8.30.020. 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, if any. Applicants to whom a city permit for an alternative medical clinic has previously been issued may use the same materials they provided to the city in support of their application for that permit in support of their application for an adult-use cannabis dispensary permit, but shall notify the city if there are any changes to the information provided in support of that previous permit.

 2. The city manager and/or city clerk shall develop forms and other requirements for persons to apply for an adult-use cannabis dispensary 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 and shall be separate and apart from the fees charged for an alternative medical clinic.

 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.

 4. The application shall designate the location at which the adult-use cannabis dispensary is to be established. That location may be in only one (1) location within the city. The 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 dispensary, it shall apply to the city for an amendment to its application and permit.

 5. Fee requirements shall go into effect upon approval by resolution of the city council. The city council reserves the power to review and adjust the fee schedule at any time.

 6. 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.

 7. 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 sixty (60) days of request, and that the decision of the council shall be final.

  C. Term. The term of the permit shall run concurrently with the applicant's associated alternative medical clinic permit. 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.

  D. Allowable Locations. 1. Downtown business district. An adult-use cannabis dispensary may be located only in the downtown business district, on Main Street between State Highway 97 (Weed Boulevard) and Division Street.

 2. Premises. An adult-use cannabis dispensary shall have its business entrance and identifying signage facing and readily visible from the sidewalk of Main Street directly in front of the dispensary. The dispensary or any part thereof may be at street level and/or upstairs.

  E. Suspension. The surrender, suspension, revocation, or cancellation of the operator’s alternative medical clinic permit shall cause any adult-use cannabis dispensary permit issued to its operator pursuant to this chapter to be likewise surrendered, suspended, revoked or canceled if the alternative medical clinic ceases operations for more than fourteen (14) consecutive days, the permit for the adult-use cannabis dispensary shall be suspended until the alternative medical clinic resumes operations.

 8.31.080   State law. An adult-use cannabis dispensary shall at all times be operated in compliance with applicable state laws and regulations. In the event of a conflict between this ordinance and any such state laws or regulations, the portion of this ordinance which is in conflict shall be deemed void and superseded by the state law or regulation.

 8.31.090   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.

 8.31.100. 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.

 8.31.110 Operating requirements and prohibitions. The requirements and prohibitions of section 8.30.060 shall also apply to adult-use cannabis dispensaries and the references therein to medical cannabis shall also apply to adult-use cannabis.

 8.31.120 Signage. A. No smoking notice. An adult-use dispensary shall erect and maintain a sign, not less than two (2) square feet in size, visible outside the premises 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 dispensary signage shall comply with applicable city ordinances. No dispensary signage shall contain the word "weed", nor portray cannabis (marijuana) leaves.

 8.31.130 Employee records. A dispensary 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 dispensary and shall disclose the same for inspection by any city officer or official for the purpose of determining compliance with this chapter.”

Section 2. 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 3. Preparation of Summary. 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. 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 4. Publication. This ordinance, or a summary, shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, in compliance with the requirements of the Government Code.

Section 5. This ordinance shall take effect and be in force thirty one (31) days after its passage.

I HEREBY CERTIFY the foregoing ordinance was introduced for first reading at a special meeting of the City Council of the City of Weed held the 5 day of April, 2018, and thereafter adopted at a regular meeting of said Council held the day of April 12, 2018, by the following vote to wit:

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

NOES: None

ABSENT: Council Member Greene

Mayor

ATTEST:

CITY CLERK

By: Deputy City Clerk

City of Weed Ordinance No. 446-2018 (rev 4/3) Adopted April 12, 2018

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