071411 clearlake city council - med marijuana dispensaries ordinance

8/6/2019 071411 Clearlake City Council - Med Marijuana Dispensaries Ordinance

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Staff Report

DATE: July 8, 2011TO: Honorable Mayor and City CouncilmembersFROM: Melissa Swanson, City ClerkSUBJECT: Consideration of Adoption of Ordinance No. 150-2011 Relating to

Medical Marijuana Dispensaries.

RECOMMENDED COUNCIL ACTION:Motion to hold the second reading of Ordinance No. 150-2011 and to read it bytitle only. Roll call vote.

DISCUSSION:The Council held a first reading of the proposed Ordinance No. 150-2011 on June 23rd The fullordinance is attached and staff is recommending adoption.If the Council holds the second reading at this meeting, the ordinance will be effective in 30days. Staff will bring forward proposed fees for related services to the July 28th meeting whichcan be adopted by resolution.


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ORDINANCE NO. ORD-lS0-2011AN ORDINANCE ADDING SECTION 20 OFCHAPTER 5, POLICE REGULATIONS,

RELATING TO MEDICAL MARIJUANA DISPENSARIES,OF THE MUNICIPAL CODE OF THE CITY OF CLEARLAKE

DECLARATION OF INTENTThe City Council of the City of Clearlake, State of California does hereby ordain as foIlSECTION 1. t " ; ! . o . : .\'\relating tohe purpose of this Ordinance is to add Section 20, Chapter 5, to the MunicipaMedical Marijuana Dispensaries.

" -% ._Voters of the State of California approved proposition 215 (codifie _ e\lth and Safety CodeSection 11362.5 et seq.) entitled "The Compassionate Use Act ~f,,\~6\. The intent ofProposition 215 was to enable persons residing inthe State of Cadiforrua who are inneed of-ccc, F .marijuana for medical purposes to be able to obtain and use it undef'-..fibIited,specifiedcircumstances, without being subject to criminal prosecution lJ,'iiderState of California penalstatutes. .' ~fThe State enacted SB 420 in 2004, being sectiqas, : Fet seq., of the Health and Safety Code,identified as the Medical Marijuana Programj'Progra ,to clarify the scope of theCompassionate Use Act of 1996. Exceptf&.r fleJ.intlted exemption from criminal prosecutionunder State criminal laws, the possessi@~~.sftk of marijuana remains illegal under both stateand federal law. ~'h.L Y.~To protect the public health, afe.;!x~_g"welfare, it is the desire of the City Council to modify theCity's Municipal Code cons" tentWith the Program, to regulate and restrict the location and~ 3operation ofMedical.f\1at1J jFspensaries and promote and protect the health, safety, moralsand general welfare of idents and businesses within the City.

~4SECTION 2. h o. ter 5-20 of the Clearlake Municipal Code is hereby added as follows:MEDICAL MARIJUANA DISPENSARY REGULATIONS

Fo" i t ! F '

Jr;ose of this Chapter, the following words and phrases shall mean:"Applicant" means a person who is required to file an application for a license under thisChapter, including an individual owner, managing partner, officer of a corporation, or any otheroperator, manager, employee, or agent of a Medical Marijuana Dispensary, as defined herein."City" means the City of Clearlake.

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"Compassionate UseAct" shall mean California Health and Safety Code Section 11362.5, asmay be amended, also known as the Compassionate Use Act of 1996."Drug paraphernalia" shall have the same definition as found in the Health and Safety CodeSection 11364.5, and as may be amended."Identification card" shall have the same definition as found in the Medical Marijuana Program(Health & Safety Code section 11362.7(g)_) and as may be amended."Licensee" means the person to whom a Dispensary license is issued under this CpafJ:ter,an ilr'who is identified in California Health and Safety Code Section 11362.7, subdivi io\. (cf0f'(d),(e), or (f). \ .-"Medical marijuana dispensary" or "dispensary" means any storefront ioconsumer related products and services primarily found within the Q.-~:s "~-2 d C-3 zonedistricts which distributes, transmits, gives, or otherwise provides '" dii fnarijuana to qualifiedpatients or primary caregivers in accordance with California He s ; .


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"Qualified patient" (patient) shall have the same definition as set forth in the CompassionateUse Act and Medical Marijuana Program."Youth-Oriented Facility" shall mean a public or private school (K-12) , licensed daycarefacilities, public parks, and any establishments that advertise in a manner that identifies theestablishment as catering to or providing services primarily intended for minors.

Section 5-20.2 Dispensary License Required to Operate.It shall be unlawful for any person to engage in, conduct or carry on, or to permit t~in, conducted or carried on, in or upon any premises in the City the operation of a d l , t ; spryunless the person first obtains and continues to maintain a valid dispensary lice '\ m the City"as required by this Chapter. "

'\Section 5-20.3 Limitations on Number and Size of Dispensari~.~. \. \ \The City may not grant more than three (3) licenses for : r te1f i~~.1~ijuana Dispensariesat any given time. When Clearlake's population reaches Z@~ 'O , then the number oflicenses granted at any given time shall be increased to four G ).,A.

B. The retail area of a Medical Marijuana Disp "./ shall not exceed 1,200 square feet.ot E o/"Section 5-20.4 Limitations on Locatioii'--O: ens a .~ jY

The three dispensaries specifically1h.~h!ti_;PJl.e"dn Section 2.1. of the Moratorium ordinanceNo. 2009-145 may be located ~ Commercial C2 or C2DD zoning districts. Anyother future dispensary may ~~ ._e,dwithin the Commercial C4 zoning district by rightor in the C-2 zoning distFi u'e xSermit.A dispensary must !#'""~}r visible from public rights of way and located on a premisesthat provides l ll 1 @ D l r r d--views of the dispensary entrance.

~ JA dispensary shMt'ij~!J3(belocated within 600 feet of a Youth-Oriented Facility. Thisset~ac~~ be meas:rred in a straight line from the boundary line of the pro~erty onWhH;)ahtliea'J.!s,J?nsaryS located nearest to the boundary of the property on which thebl.!i(: or structure, or portion of the building or structure, in which the above listed use~4 ~urs 1S located. The City Council may waive all or part of this requirement if itb/,,""-~d ines that the proximity does not constitute a risk to public health or safety as itrelates to anything other than a K-12 public or private school.4'

A.

B.

C.

Section 5-20.5 Initial Filing Period.Inorder to allow the consideration of competing applications for a dispensary, a ninety (90) dayfiling period shall commence following the adoption of this Ordinance for the three dispensariesexisting as of November 5, 2009. Upon the close ofthis initial filing period, if multipleapplications have been received and deemed complete, they shall be processed concurrently asset forth inthis Chapter. If less than three applications are received during the initial filing

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period, any applications that are subsequently submitted shall be processed and evaluatedindividually, inthe order in which they are received and deemed complete. If the application ofadispensary existing as of November 5,2009 cannot be approved under the terms of thisOrdinance of if they have not submitted an application within ninety (90) days of the filingperiod noted above, then that business will have to cease operation within 30 days after so beingnotified by the City.

Section 5-20.6 Application Preparation and Filing.1:.A. Any person wishing to operate a dispensary in the City shall complete and frle~

application. An application is complete if it includes all fees, informatio a d d mifterialso. rrequired by this Chapter. All license applications shall be filed with thAdministrator, using forms provided by the City. It is the responsi ,.' ity ~ e applicantto provide information required for approval of the application. T,JIe c!l?Jicationshall besigned under penalty of perjury. Existing dispensaries wislll};lt'!o ~maih in business

! : I i " 'C . " " -under the terms of this Ordinance must file an applicatio . hm\pirlety (90) days afterthe adoption of the Ordinance. '\'

B. An application may only be filed by the owner of the sypject property, the lessee oftheproperty where the lease authorizes the Iesseero use th~ premises for a dispensary, or aperson with the written authorization ofth

rJ=.C. The application shall be deemed filed ;~nthe .~;e'"when the City receives the last

submission ofinforrnation or mat~l{_ ~.1ed for it to be deemed complete inaccordance with requirement~~ci::,_ :rein.

D. The City shall notify an aR}Jlidn,ti~J!'writing,via Certified U.S. Mail, postage pre-paid,sent to the address pro ' ~ 4 1 r r tg e applicant on the application, if an application isincomplete. The ap' hatfbe granted an extension of time to submit all materialsrequired to comw.ete lication within ten (10) days of the date of the notification. Ifthe application"' ains complete in excess of said ten (10) day period, the applicationshall be deeme . dfawn and new application shall be required. The time period forgrantin. Or\lenying a license shall be stayed during the extension of time.%

E. Th~~. ct that applicant possesses other types of state or City permits or licenses does. 6 \ e ~!pt the applicant from the requirement to obtain a dispensary license pursuant to/.Ji"~t Cha'$ter.

F. Uy dispensary license application shall include the following information:(1) The applicant's full name (including any current or prior aliases, or other legal

names the applicant is or has been known by, including maiden names), currentaddress, and telephone number.

(2) The address where notice of action on the application is to be mailed.

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(3) The applicant's previous addresses for the five years immediately prior to his orher present address.

(4)(5)(6)(7)

Written proof that the applicant is over the age of eighteen (18) years of age.The applicant's height, weight, color of eyes and hair.Two (2) passport-quality photographs of the applicant.

(8)

The applicant's businesses, occupations, or employment for the tenyet simmediately preceding the date of the application. "\\The applicant's business license and permit history, inc1udi \theapplicant has had a permit, approval and/or business license ed or suspendedby the State, or any city or county, the reason therefor~ii!JP.d\the,:iness or activityor occupation engaged in by the applicant subsequenrto\udh, action of suspensionor revocation, and a copy of the applicant's selle i\(retail sales tax permit)issued by the State Board of Equalization.

(9) All the name or names and addresses of the per~n or persons who will act as amanager or supervisor of the dispens '" .

J.~The printed results of a backgroohd ill~ _gation from the California Departmentof Justice resulting from a fin g rprint, cIrd submission approved by the City ofClearlake, verifying whether, c .. ~$bn or person having the management orsupervision of the applie'~~~'\tsiness has been convicted of a crime(s), orentered a plea of ~iltY"q{.Il:0JP.contendere to a crime, the nature of suchoffense(s), and the~tenJe(s) Imposed.E-=-~Names of all g ,e;' volunteers, and other persons who will work at thedispens ~. _Elicant also agrees to submit any names for a fmgerprint cardof indiv s who become new owners, managers, supervisors, employees, or.8ffiing the year after a license is issued.

(10)

(11)

(12) A _ A\ n plan describing how the dispensary will operate consistent with Statelaw ahd the provisions of this Chapter, including:

Controls ensuring medical marijuana is not purchased or sold by thedispensary, its owners, managers, supervisors, employees or volunteers, ina manner that would generate a profit.

(b) Controls ensuring medical marijuana will be dispensed only to qualifiedpatients or primary caregivers.

(c) Controls ensuring access to dispensary premises is regularly monitoredand restricted to qualified patients and primary caregivers.

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(d) Independent verification methods for ensuring that a qualified patient'sphysician is recommending medical marijuana only for medical use.

(13) A written statement listing the physical size of the dispensary, the number ofmanagers, supervisors, employees and volunteers who will work there, anddescribing the nature of the proposed use of the dispensary.

(14) A written statement indicating how each of the criteria for review has beesatisfied, which shall include documented proof.

(15) A security plan describing security arrangements that will ensure th~,s fpersons visiting and working at the dispensary, and protect the p '\sfromtheft. The plan shall provide for: installation of security c . ras;~. nation of aburglar alarm system monitored by a state-licensed moniterin e~ice; and aperiodic (no less than yearly) written security assessl1l'i\t ~4the ite conducted by

'' " ~a qualified professional. __' \ '\g %~. '(16) A sketch or diagram depicting the interior configtit ~~. of the premises, including

the total floor area occupied by the dispensary. J;_hesketch or diagram must bedrawn to a designated scale or drawn ith marKed dimensions of the interior ofthe premises to an accuracy of plus ' ix (6) inches.~" "(17) A sketch or diagram showing ~ten , ~9nliguration of the premises, including theoutline of all structures, parki d tffildscape areas, and property boundaries.The sketch or diagram mustlJ-,,_ a W h to a designated scale or drawn with markeddimensions to an accwl~~f1Jirrs or minus six (6) inches.~ ~ ...:{ ~.)~(18) A straight-line dra~"'; agcurately depicting the building (or portion thereof) and

. . . . . . , . ~ h - . - . Npremises to. ;-(}~Vfl ~.'y the dispe~sary, an~ all prope~ies ,,?thin 600 feet ofthe boundJ!tl of dip property on which the dispensary license IS requested. Thedrawing,,&~hail ~te the property lines of any Youth-Oriented Facility and allresistent Is or uses within 100 feet of the primary entrance of the dispensary.A~(19) .A.:sChting plan showing existing and proposed exterior and interior lighting, A ( " " place ent and levels to provide adequate security lighting and which comply with

- ; 1 [. ~l City standards regarding lighting design and installation.~J _ . : ' f "Written authorization for the City, its agents and employees to seek verification ofthe information contained in the application and/or required pursuant to thisChapter.

(21) A written statement by the applicant certifying under penalty of perjury that he orshe has the consent of the property owner and landlord to operate a dispensary atthe location, or providing proof that the applicant owns the property.

(22) A written statement by the applicant certifying under penalty of perjury that all theinformation contained in the application is true and correct.

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G. In addition to providing all the materials required for new applications, applications forannual renewal shall also be accompanied by the following information:(1) The licensee shall provide a detailed description of any changes proposed or thathave occurred in dispensary operations, the reasons for such changes, including

compliance with applicable local and State law.(2) The licensee shall identify any problems encountered during operations and howF l1athey have been addressed. .~~ - : a _ , . .

~ ~ )FThe licensee shall describe how the dispensary operations have ~omitlie(f'With therequirements of this Chapter and with applicable local and State \ r(3)

A.Section 5-20.7 Investigation and Action on Application. \,"A \~ .After an applicant files a complete dispensary license applic~io\ aii~pays all requiredfees, the Police Chief shall conduct a background check applicant and all thedispensary's identified managers, supervisors, employees olunteers, and take actionas follows:

B.

(1) The Police Chief shall refer the appl ~ ion to any other City departments asnecessary to complete his or her r ,~ application.FA

(2) The application, or competi:t;lg'pplic~tiuns, if applicable, shall also be subject to a.: ~ 2preliminary review conducfe-uJ)~"'-Police Chief and the City Administrator. ThePolice Chief and CityA""in~trator shall make such recommendations to theCity Council as they~' ''"''appropriatebased on their review.~~ ,:

Within 60 days after 9(:}~e1[l j !_,. fthe Police Chiefs investigation, the application shallbe scheduled for a"p~lic li,aring before the City Council where the Council may eithergrant or deny thjfapplI~n inaccordance with the provisions of this Chapter.

55.Section 5:2'0.8 " P ' u b u f Hearing.

The City CQ}ID.Cl .consider the application for the issuance or renewal of a dispensarynoticed public hearing, as set forth in the Municipal Code.

C'~" .' on-5-20.9 Criteria for Review.K ',,Th~~~~uncil shall consider the following criteria in determining whether to grant or deny anapplication to issue or renew a dispensary license:A. The dispensary will operate or, if a renewal application, currently operates, in conformity

with the Compassionate Use Act, the Medical Marijuana Program, and the provisions ofthis Chapter and the City Code.

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B. The dispensary location does not have significant crime issues (e.g., based upon crimereporting district/statistics as maintained by the police department).

C . There have not been excessive numbers of calls for police service, crimes or arrests in thearea or to an existing dispensary location (or to a dispensary located in anotherjurisdiction with which the applicant is affiliated in any way).

D. The applicant, and all managers supervisors, employees and volunteers are at leaeighteen (18) years of age.

E.~t ~ YAll required application materials have been provided and/or the dispensar1'fa~erated

successfully in a manner that shows it will comply with the operating re .' enis andstandards specified in this Chapter. 6.

F. That all required application or annual renewal fees have beerequirements have been satisfied in a timely manner.

G. The physical size of the dispensary conforms with the re ents of this Chapter; and,the dispensary will be, or if a renewal application, currently IS, one of three or fewer totallicensed dispensaries operating within the Ci~. ~

H. "~, , ! J h l S Chapter or any applicable local or.7

1.

The location is not prohibited by the provoState law, statute, rule or regulation. I'-:~" '

, i }The site plan, floor plan, and secut~.fI~'live incorporated features necessary to assistin reducing potential crime-rels ~~.hlems and as specified in the operatingrequirements of this Chapter~'F ~ eatures may include, but are not limited to, securityon-site; procedure for all~g e'titry; openness to surveillance and control of thepremises, the perime ~ , :C' '~unding properties; reduction of opportunities forcongregating and eb cnn public ways and neighboring property; illumination of~~ .fexterior areas; Td li . g furnishings and features that encourage loitering and nuisancebehavior. '~)

~--~

J. N0 dis , applicant, owner, licensee, agent, or manager, supervisors, employee orvol1J.rtfeerw lrwill work, or, if renewal, currently works at the dispensary, has violatedan~~vision of this Chapter such that grounds exist to suspend or revoke a dispensary

nse~K. Tije7dispensary has incorporated all reasonable measures into the operating plan and

nsistently taken steps to successfully control the establishment's patrons' conductresulting in disturbances, vandalism, uncontrolled crowds in or outside the dispensary,traffic control problems, or creation of a public or private nuisance, or interference of theoperation of another business.

L. That the dispensary has not caused or been the site of nuisance activities includingdisturbances of the peace, illegal drug activity, ingesting medical marijuana in public,harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive

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loud noises, especially late at night or early in the morning hours, lewd conduct, or policedetentions or arrests.

M. No provision of the Municipal Code or condition imposed by a City issued license, or anyprovision of any other applicable local or State, regulation, order, or any conditionimposed by permit issues in compliance with those laws has been violated.

N. The applicant has not violated any applicable local or State law, statute, rule or regulationrespecting the distribution, possession, or consumption of medical marijuana. e= ~To. The applicant has neither knowingly made a false statement of material fac~nor~knowingly omitted a material fact from the dispensary license applicati \ r

P. No person who has been convicted of a felony within the past te \ ~O}~ears may beactively engaged in the operation or financing of any dispens __ oWner, licensee,agent, investor, manager, supervisor, employee or volunteerf

Q . The applicant has not engaged in unlawful, fraudulent, u r deceptive business actsor practices.Section 5-20.10 Findings; Decision.

Following a public hearing, the City Council a y or disapprove an application to issueor renew a dispensary license. In issuing or.r in~ a dispensary license, the City Council mayimpose conditions, restrictions or require r e _,,-Onhe applicant's operating plan to ensurecompliance with the provisions, purpo ~ent of this Chapter. The City Council shallrecord the decision and the findings~p Wich the decision is based. The City Council shallcause a written notice of its decis'f@4itoi,stieor deny a license to be mailed to the applicant bycertified U.S. maiL ,",,~d'(;;,. . J t . - _ %.Section 5-20.11/'Effe"Ctn enial.

Ea~5 ..If the City CounGi{de:t1W~application or revokes a dispensary license as provided.in thisChapter, no n~Jl~lication for a license shall be accepted from the applicant whose license hasbeen revok ~r appliGation denied and no such license shall be issued to such person or to anycompany - ' t i l ; ) ' or corporation inwhich slhe shall have any interest for a period of five yearsafter t J - ioif."denyingor revoking the license._/-~- -"

eal.The decision of the City Council to approve, deny, or revoke a license as provided for in thisChapter shall be final and conclusive and there shall be no right of appeal.

Section 5-20.13 Operating Requirements.Dispensary operations shall be established and managed only incompliance with the followingstandards:

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A. Criminal History.

B. Minors.

No applicant, his or her agent or employees, nor any person exercising managerialauthority over a dispensary on behalf of the applicant shall have been convicted of afelony within the past ten (10) years,

(1) It shall be unlawful for any licensee, supervisor, or manager of any aispell:,~, toemploy any person who is not at least eighteen (18) years of age ;:Persons under the age of eighteen (18) shall not be allowefl~h premises of adispensary unless they are a qualified patient or a p . b{ITegWer,or if they area minor child in the presence of their parent or guar . \

(2)

C. Operating Hours.The maximum dispensary days and hours of operations'shall be as follows:Monday through Saturday: 9 am - 7 pm . .Sunday: 12 pm - 5 pm

D. Dispensary Size and Access:(1) The retail sales area O T~ dlspensary shall not exceed 1,200 square feet. Dispensary

_" " " " " " " " "size shall be limit48...as d~en'ied appropriate and necessary, to best serve patientneeds within thl7i~'.Qf"this Chapter and reduce potential adverse impacts thatmight other ocGUron surrounding neighborhoods, businesses and demands onCity sef


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(5) Only primary caregivers and qualified patients shall be permitted in thedesignated dispensing area; dispensary personnel must be present at such times.All other authorized visitors shall remain in the designated waiting area in thefront entrancellobby.

E. Dispensary Supply.A dispensary may possess no more than (5) pounds of dried marijuana at anyone time iaddition to live plants for sale for medicinal purposes that are in a vegetative (not mature

r~

(1)\\\A dispensary shall only dispense to qualified patients or carg_~iv th a valid

physician's recommendation in compliance with the COn:1l(asslPnateUse Act.< v~.Prior to dispensing medical marijuana, the dispens I bptain verbal and

signed, written verification from the recommendibgJrhys&ian that the individualrequesting medical marijuana is a qualified patien"f~ ,~

F. Dispensing Operations.

(2)

(3) No dispensary may provide medical marijuana~,tt;any persons other than qualifiedpatients or persons with identificatioi > ds ~d designated primary caregiverswho are members of the marijuana v_t"orcooperative.

(4) A dispensary shall only be (orevaluate patients and proviffi

dispensing of medical marijuana and not toIirrnendation for medical marijuana.

(5) /~Medical marijuana c61kctlv~$ shall maintain records reflecting:J ". r~,\

a. The fuJl~C'h~dress, and telephone number(s) of the owner or lessee ofthep r t y l_ = - i??--.,. Jb. the full name, address, and telephone number(s) of all qualified patients

a~i2P.efsons with identification cards and/or primary caregivers whoparticipate in cultivation of marijuana.

;? The full name, address, and telephone number( s) of all qualified patientsand persons with identification cards to whom the dispensary providesmedical marijuana.

d. The designation, by qualified patient(s) and person(s) with identificationcards, of any and all primary caregivers who participate in the collectivecultivation of marijuana.

(6) Patient records shall be maintained on-site, either in paper or electronic form, andsecured and verified by the City as needed (consistent with requirementspertaining to patient confidentiality pursuant to applicable State and Federal law)

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and at least every 12 months by the qualifying patient's physician or Doctor ofOsteopathy.

(7) The licensee shall annually provide information on prior years' operationsverifying compliance with this Chapter to the City Administrator. Licensee shallmodify dispensary operations as required by the City Administrator to ensurecompliance with all requirements of this Chapter.

(1)

"" J~'\ , : '~ \ F

Subject to this Section, no medical marijuana shall be cultivated 2~ .~premises~ ",rof the dispensary, except in compliance with the Compassiona~", l!se Act and

Medical Marijuana Program. No cultivation shall tak3'l?liCf ouMoors on thepremises; all cultivation must occur indoors. f'" f \ \

% ..A dispensary shall meet all the operating criteria : W . dispensing of medicalmarijuana as is required pursuant to the Compa~ionate Use Act and MedicalMarijuana Program.

G. Retail Sales and Cultivation

(2)

(3) The sale of ancillary products,facilitating the consumption'tconsistent with this Ord'I:n.'a~ , ' " = ,

~ "'S....~'U . f'1E

eluding books, herbal supplements, and devices,Salmarijuana shall occur in a mannerd in compliance with all state

requirements.H. Operation Requiremeff!ia

Floor pl~~it&..~rn entrance shall be located and maintained clear of barriers,landsca~jpg anti similar obstructions so that it is clearly visible from publicstreets, smli:waiksand site driveways.~

(1)

(2)_L" 0 ,&~.A dispensary shall have a locked safe on the premises, identified as a partf { '* ' of thesecurity plan, for after-hours storage of medical marijuana. A dispensary

0 all also have a secure area for the storage of immature plants and any otherproducts specifically allowed under the license, which contain medical marijuana.Minimum Staffing. The dispensary shall be staffed during hours of operation by atleast two persons, one of whom must be a manager.

(4) Odors. A dispensary shall have an air treatment system that ensures off-site odorsshall not result from its operations.

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(5)

(6)

(7)

(8)

(9)

Security Plan. A dispensary shall provide adequate security on the premises, asapproved by the Police Chief and pursuant to this Chapter, including lighting andalarms, to ensure the safety of persons and to protect the premises from theft.Security cameras. Security cameras required by this Chapter shall be installed tomonitor, at the minimum, the main entrance and exterior of the premises todiscourage loitering, crime, and illegal or nuisance activities.Security video retention. Security video shall be retained for 30 days. Imag hallbe made available to the Police Chief upon a reasonable written reqp.~for tl11'"specific time period. ~ \ ~'"a tl. .r~~ r:-_ '\Alarm system. A State-licensed professionally monitored r9l1be ' burglaryalarm system shall be installed and maintained in good w~klfi,,&condition.~ '\ .yEmergency contact. A dispensary shall provide the ~Chief with the name,phone number and facsimile number or email ad ._;_ f Jh individual working onthe dispensary premises, to whom notice ofprobl~,a: sociated with theoperation of the dispensary can be provided. Th~ dispensary shall keep thisinformation current at all times. The d1spensar)fshall make every good faith effortto encourage neighborhood residentsfs I t!ris designated person to resolveoperating problems, if any, before. ,~ft)r complaints are made to the City.

~ --,_ _rrT

1. Signage and Notices.

(2)

1. Emplg,."

(1) Signs on the premises, bstruct the entrance or the video surveillance~ -c,system. The size, cau'O~,)nd design of any signage must conform to the sign

provisions in the lal Zoning Ordinance.'~o;",/

Business i4.e ficatilm signage shall be limited to that needed for identificationonly, co s;tiffi single window sign or wall sign that shall comply with theappropr sigh requirements with the applicable zoning district.1

E ,.wner or operator of a dispensary shall maintain a current register of the names ofL - =


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operating on a not-for-profit basis in accordance with the Attorney General's Guidelines.Tax returns shall be produced within 14 days after receipt of the City's written request.

L. Staff Training.

(1) Dispensary staff shall receive appropriate training for their intended duties toensure understanding of rules and procedures regarding dispensing in compliancewith State and local law.

(2)~

The dispensary shall take those steps necessary to assure that the pt:


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To the extent protected by law, the information provided for purposes of this sectionshall remain confidential. It shall be maintained by the City Administrator or PoliceChief, as appropriate, and not disclosed as public records unless pursuant to subpoenaissued by a court of competent jurisdiction.

P. Display of License.

Q.

Every dispensary shall display at all times during business hours the license issuepursuant to the provisions of this Chapter for such dispensary in a conspicuous p athat the same may be readily seen by all persons entering the dispensary. f - : ,

rPayment of Fees.

A.

A licensee shall pay all annual license fees at the time that an ori&~-or an annual renewal application is submitted. \1 k \" \ h \Section 5-20.14 Annual Term of License and Renewa1Re::9uitced.

~"Licenses issued under this Chapter shall expire one (1) year ohowing the date of theirIssuance. S F

B. Licenses may be renewed by the City Ad .upon application by the licensee, unless-thewith the provisions of this Chapte~.

-c,

or additional one (1) year periodsse is suspended or revoked in accordance

C . The dispensary shall be notifi~d~$~City on a timely basis that an annual renewalapplication is due to be fil~d~ c , . " " . . ~~te a~pl~cations for ren~wal shall be made at leastforty-five (45) days befoP~e aJ1'!jluruxpiration date of the license and shall beaccompanied by the l } ( 'J . 1e application fee referenced herein. Applications forrenewal shall be gQv~e the same criteria applicable to initial applications forlicenses. """"'-....~

)ApplicatiOI(s forew-al made less than forty-five (45) days before the annual expirationdate s~~~t stay the annual expiration date of the license, and in addition to satisfyingall.1,Per ari5~able criteria for.== rene,:al, the applicant sh~ll ~e requi~ed todetn~trate good cause for failing to have timely filed the application for hcense

war,The City Administrator shall have the sole discretion to determine whether suchause is demonstrated.

D.

E.

~A;. goI r"fcenses may be revoked or suspended by the City Council on the grounds and termsprovided in this Chapter.

F. In the event that the City Administrator and Police Chief are not able to act upon a licenserenewal application prior to the date said license expires, and said inability is due to nofault of the City, said license shall expire as of its expiration date and the dispensary shallno longer operate after said expiration date. In such circumstances, should the licensee ofthe expired license desire to reestablish the right to operate a dispensary, the licensee

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must do so by applying for a new dispensary license complying with all requirements ofthis Chapter applicable to an original application for a dispensary license. Should the CityCouncil approve the license application, said decision shall be deemed effective on thedate of the City Council's decision.

G. The establishment of a Youth-Oriented Facility within 600 feet of a dispensary followingthe initial issuance of the license shall not be grounds for subsequently revoking thelicense.Section 5-20.15 Suspension and Revocation.

A.~\Any license issued under the terms of this Chapter may be suspended 0 \ed'iftheCity Council finds that the Licensee has violated any of the provisieps 0~. Chapter, or

the dispensary is otherwise being operated in a manner that violates ~ of the provisionsthis Chapter. . \ y\B. Except as otherwise provided in this Chapter, no dispen

suspended by virtue of this section absent notice and a he -J Jgl The City shall providewritten notice to the Licensee that the City Council will.hold a hearing, at a scheduledmeeting, regarding the suspension or revocation of hisTher dispensary license. The Cityshall provide such notice no less than fiftee ~-~) days before the date of said hearing.The notice shall contain a brief stateme~o ~@llnds for revoking or suspending theLicensee's dispensary license. Notice ':-ay-b~ . en either by personal delivery to theLicensee (in which case, service s_ cleemed to have been effected upon deliveryof the notice), or by certified U.S,____ __ sealed envelope, postage prepaid, returnreceipt requested, addressed ~r_ :=~at the address appearing on his/her dispensarylicense application (inw~h c , service shall be deemed to have been effected on thedate the receipt indica "";YeZYwasccomplished).~

C. If the City Councisfi sufficient grounds exist for the revocation or suspension of adispensary licen~e, then aid determination shall be announced at the hearing, and writtennotice of sl!:iddl~.ation sent to the Licensee by personal delivery or certified u.s .mail in 't sealed envelope, postage prepaid, return receipt requested, and addressed to theLice:qs~e address appearing on hislher dispensary license application.sr> ~_.:-l" -

D. /~~~pe~jon of the City Council shall be final and conclusive and there shall be no right# T~';-, =, r:, o-K P _i cedures for the above are not exclusive and the City reserves the right to enforce all

applicable laws for any licensee's violation of any law.Section 5-20.16 Transfer of Licenses.

A. A licensee shall not operate a dispensary under the authority of a dispensary license at anyplace other than the address of the dispensary stated in the application for the license.

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B. A licensee shall not transfer ownership or control of a dispensary or transfer a dispensarylicense to another person unless and until the transferee obtains an amendment to thelicense from the City Council stating that the transferee is now the licensee. Such anamendment may be obtained only if the transferee files an application with the CityAdministrator in accordance with all provisions of this Chapter (as though the transfereewere applying for an original dispensary license) accompanied by a transfer fee in anamount set by resolution of the City Council (or if not set, shall be the same amount asthe application fee), and the City Council determines (after hearing) in accordan sChapter that the transferee would be entitled to the issuance of an originallic . se. ~- y'1 0No license may be transferred when the City Administrator or Police C~ef~s n _ifiedthe licensee that the license has been or may be suspended or revoked. \~ \

B~w?Any attempt to transfer a license either directly or indirectly inAvi\jat ~pf this section ishereby declared void, and such a purported transfer shall be ~-eeJ11e\l ground forrevocation of the license. ' f \ ' \~

C .

D.

Section 5-20.17 Imposition of Fees.A. Every application for a dispensary license or renewal sbU be accompanied by a

nonrefundable fee, as established by resolu . .&lc f thj City Council from time to time.This application or renewal fee shall inc_W ,printing, photographing, andbackground check costs and shall be rn~ditl to any other costs imposed by this code

.\ cor other governmental agencies. FiN..,g~rinting, photographing, and background checkfees shall be as established by r~.2LtW'Q:ir'aiioptedy the City Council from time to time.The time frames for the impl:illentation of this Ordinance shall not be in effect until the" " ~City Council adopts a fee .:sOI-lh\orilrIn the event that employee changes occur duringthe year, the applicant .. It the new employee for fingerprinting, photographing,and a background ch if' k pay the appropriate fees for those services.~ f

B. All fees establi'ed byth/Council to implement this Ordinance will reflect the City'scosts to cow.ple~1h~/equirements of the Ordinance. Inaddition, there will be a one-time fe -~ itiate the application process and an annual renewal fee. This one-timefee ~. ewal fee will be comparable to the typical cost of obtaining a CityBuSi~ss License.~"l, ' v-". ih.~S~tion--5-20.18 Violations .

......l:lTi,7A )y.ls unlawful for any person, individual, partnership, co-partnership, firm, association,-Joint stock company, corporation, limited liability company or combination of the above

in whatever form or character to violate any provision or fail to comply with any of therequirements of this Chapter and/or any dispensary license issued here under.

B. A violation of this Chapter and/or any dispensary license issued here under shall bepunished in accordance with the Clearlake Municipal Code.

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Section 5-20. 19 Remedies Cumulative.All remedies prescribed under this Chapter shall be cumulative and the use of one or moreremedies by the City shall not bar the use of any other remedy for the purpose of enforcing theprovisions hereof.

Section 5-20. 20 Separate Offense for Each Day.Any person that violates any provision of this Chapter shall be guilty of a separate offens~~reach and every day during any portion of which any such person commits, continu~sfPrmit$torcauses a violation thereof, and shall be penalized accordingly. '\ ~ .to

Section 5-20. 21 Public Nuisance.

Section 5-20. 22 Criminal Penalties.

1 . , : : -tn"e .sions of this~ e r \ p y declared a public~.\

Any use or condition caused or permitted to exist in violation of any.Chapter and/or any dispensary license issued here under shall be annuisance and may be summarily abated by the City.

Any person who violates, causes, or permits anotherChapter and/or any dispensary license issued he~

Section 5-20. 23 Civil Injunction.~~The violation, or threatened violation,_Jll~~ovision of this Chapter and/or any dispensarylicense issued hereunder shall be ancfk i'iet.ebydeclared to be contrary to the public interest andshall, at the discretion of City Co4cil, &;eafe a cause of action for injunctive relief, which may.= .5be brought by the City Attorne ~.#If

Section 5-20. 24./AJwn. rative Remedies.

rsonto violate any provision of this"hlits a misdemeanor.

g ~In addition to the civil :\mgdf~Sand criminal penalties set forth above, any person that violatesA -.the provisions oftlUs Chapter and/or any dispensary license issued here under may be subject toadministrative'f ies as set forth in the Code .

.A .Al r rdinand s or parts of ordinances or resolutions in conflict herewith are hereby repealed tothe iIof such conflicts and no further.

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Section 5-20. 26 Effective Date.The effective date of this Ordinance is thirty (30) days after its adoption by the City Council.PASSED AND ADOPTED this 14th day of July, 2011 by the following vote:

City Clerk, City of Clearlake

AYES:NOES:ABSENT:ABSTAIN:

ATTEST:

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071411 clearlake city council - med marijuana dispensaries ordinance

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