Chapter 5.10
CANNABIS BUSINESS REGULATIONS
Sections:
5.10.030 Cannabis dispensaries.
5.10.040 Cannabis deliveries from outside city limits.
5.10.050 Cannabis cultivation business.
5.10.060 Cannabis testing laboratory.
5.10.070 Cannabis manufacturing business.
5.10.080 Cannabis distribution business.
5.10.010 Legislative intent.
It is the intent of the city to regulate commercial cannabis activities pursuant to state law. It is not the intent of the city to expand, reduce, or alter the penalties for violations of state cannabis laws. (Ord. 483 §1(part), 2018)
5.10.020 Definitions.
A. "Bureau" means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.
B. "Business" means a profession, trade, occupation, gainful activity, and all and every kind of calling whether or not carried on for profit.
C. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
D. "Cannabis business" means any business engaged in commercial cannabis activity. "Cannabis business" does not include any of the following:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
3. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
4. A residential hospice or a home health agency licensed pursuant to Chapters 8 and 8.5 of Division 2 of the Health and Safety Code.
5. The cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined by Section 11362.7 of the Health and Safety Code provided such activity complies strictly with all applicable state law, including, but not limited to, Sections 11362.5 and 11362.765 of the Health and Safety Code.
E. "Cannabis cultivation business" means any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type 5B, or Type 12 state cannabis license, or their successors, cultivates cannabis or cannabis products.
F. "Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Cannabis delivery" also includes the use by a retailer of any technology platform.
G. "Cannabis delivery business" means any cannabis business that, pursuant to a Type 10 state cannabis license, or its successors, delivers, makes available, or distributes cannabis and cannabis products to a consumer.
H. "Cannabis dispensary business" means any cannabis business where medicinal or adult-use cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dispensary includes a cannabis business that provides cannabis deliveries.
I. "Cannabis distribution business" means any cannabis business that, pursuant to a Type 11 or Type 13 state cannabis license, or their successors, procures, sells, or transports cannabis and cannabis products between cannabis businesses.
J. "Cannabis manufacturing business" means any cannabis business that, pursuant to a Type 6, Type 7, or Type 12 state cannabis license, or their successors, manufactures cannabis or cannabis products.
K. "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
L. "Cannabis testing laboratory business" means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license, or its successors.
M. "City" means the city of Angels Camp, a California municipal corporation, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.
N. "Commercial cannabis activity" includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or cannabis products that requires a state license.
O. "Commercial cannabis waste" means cannabis plants and plant materials that are discarded by a cannabis business, including but not limited to extra vegetative plants, failed clones, and harvest waste.
P. "Cultivation" means any activity involving the planting, growing, harvesting, processing, drying, curing, grading, or trimming of cannabis.
Q. "Day care center" means any licensed child day care facility other than a small or large day care home, including infant centers and preschools.
R. "Employee permit" means the permit required by this chapter for every employee or independent contractor employed by a cannabis business.
S. "Juvenile" means any natural person who is under the age of eighteen years.
T. "License" means a state license issued pursuant to Cal. Business and Professions Code, Section 26000.
U. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
V. "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
W. "Primary caregiver" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.
X. "Qualified patient" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.
Y. "School" means any public or private school providing instruction in kindergarten or grades one through twelve, inclusive, but does not include any private school where education is primarily conducted in private homes. (Ord. 483 §1(part), 2018)
5.10.030 Cannabis dispensaries.
All cannabis dispensary businesses are prohibited within the city. (Ord. 483 §1(part), 2018)
5.10.040 Cannabis deliveries from outside city limits.
A. Except as provided in subsection B of this section, a person is prohibited from engaging in, conducting, or carrying on, or to permit the engaging in, conducting or carrying on, the delivery of cannabis for any purpose within the city.
B. A cannabis delivery business with a physical location outside the city may conduct cannabis delivery services within the city under the following conditions:
1. Persons delivering cannabis in the city may not possess cannabis goods valued in excess of ten thousand dollars at any time, pursuant to Section 5418 of Title 16 of Division 42 of the California Code of Regulations, while making cannabis deliveries within the city.
2. The cannabis delivery may only occur between the hours of eight a.m. and eight p.m.
3. Prior to any delivery within the city, the cannabis delivery business shall register with the Angels police department and provide proof that the cannabis delivery business is licensed under state law and permitted by a local jurisdiction to operate, including the driver’s license number of each employee conducting deliveries. The Angels police department shall verify the employees of the cannabis delivery business do not have a criminal history disclosed by the Interstate Identification Index.
4. Before July 1st of each calendar year, a cannabis delivery business that has complied with subsection (B)(3) of this section shall provide the Angels police department proof that the cannabis delivery business is licensed under state law and permitted by a local jurisdiction to operate, including the driver’s license number of each employee conducting deliveries. Additionally, the cannabis delivery business shall also report to the Angels police department the number of any thefts related to cannabis delivery that occurred during the prior year.
5. Payment for all cannabis and cannabis products shall be made by means that do not involve the exchange of cash.
6. The cannabis delivery business must pay the city’s business license tax and obtain the city’s business license certificate prior to conducting any cannabis deliveries within the city. (Ord. 483 §1(part), 2018)
5.10.050 Cannabis cultivation business.
All cannabis cultivation businesses are prohibited within the city. (Ord. 483 §1(part), 2018)
5.10.060 Cannabis testing laboratory.
All cannabis testing laboratories are prohibited within the city. (Ord. 483 §1(part), 2018)
5.10.070 Cannabis manufacturing business.
All cannabis manufacturing businesses are prohibited within the city. (Ord. 483 §1(part), 2018)
5.10.080 Cannabis distribution business.
All cannabis distribution businesses are prohibited within the city. (Ord. 483 §1(part), 2018)
5.10.090 Penalties.
A. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Section 731 of the Code of Civil Procedure or any other remedy available to the city.
B. In addition to any other enforcement permitted by this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party.
C. Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be five hundred dollars for the first offense within a twelve-month period, seven hundred fifty dollars for the second offense within a twelve-month period, and one thousand dollars for any subsequent offense within a twelve-month period.
D. Penalty Enhancements.
1. In addition to any other enforcement permitted by this chapter, the city may double any administrative penalty for egregious violations of this chapter. Egregious violations include (a) the unpermitted use of volatile solvents; (b) the operation of a cannabis business without city approval; or (c) a cannabis delivery business allowing minors to consume or possess cannabis or cannabis products.
2. If a cannabis delivery business receives four or more penalties for violating this chapter within any twelve-month period, that business shall be immediately prohibited from operating within the city. (Ord. 483 §1(part), 2018)
5.10.100 Cost recovery.
A. The city shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, municipal code, or other violation of law is corrected by the property owner or other responsible party.
B. The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.
C. For purposes of this chapter, the following additional definitions shall apply:
1. "Abatement costs" include the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including but not limited to investigation costs, costs to enforce the municipal code and any applicable state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by city.
2. "Enforcement costs" include all actual and reasonable costs incurred by the city to enforce compliance with the municipal code and any applicable state, county, or city public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the municipal code or state or county law violations, and reasonable attorneys’ fees related to these activities.
3. "Responsible party" means a person or entity responsible for creating, causing, committing, or maintaining the violation of this chapter or state or county law.
4. "Subject property" means the real property that is the subject of any abatement or enforcement action by the city for which the city incurred costs and seeks recovery under this chapter. (Ord. 483 §1(part), 2018)