Chapter 5.64
RETAIL CANNABIS BUSINESS PERMIT
Sections:
5.64.020 Retail cannabis permit required.
5.64.030 Permit application contents.
5.64.050 Suspension or revocation – Grounds.
5.64.060 Unauthorized cannabis operations – Enforcement.
5.64.010 Purpose and intent.
It is the purpose and intent of this chapter to regulate the operations of cannabis retail businesses, which may pose public safety risk and quality of life concerns if not properly regulated. It is the city’s goal to address concerns related to the business aspect of commercial cannabis activities through the city’s police powers. Therefore, the city imposes the following objective standards for applications, approvals, denials, and permit revocations, as well as terms for security, odor, inspection, and grounds for revocation of a cannabis retail business regulatory permit. (Ord. 934 § 9, 2023).
5.64.020 Retail cannabis permit required.
A. All cannabis retail businesses are subject to the business regulatory permit requirements of this chapter and Chapter 5.12 BGMC, as well as all other applicable ordinances of the city and laws of the state of California.
B. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any cannabis retail within the city unless the person first obtains, and continues to maintain in full force and effect, a cannabis retail business regulatory permit, as required herein. (Ord. 934 § 9, 2023).
5.64.030 Permit application contents.
In addition to the application requirements in BGMC 5.12.020, an application for a cannabis retailer permit shall submit:
A. A planning commission resolution and associated conditions of approval, and development agreement (if applicable), for a cannabis retailer use at the location proposed for the cannabis retailer business regulatory permit.
B. A site plan and floor plan for the associated approved conditional use permit.
C. A valid license (Type 9 or Type 10, as defined in the California Code of Regulations, Title 4, Division 19) issued by the Department of Cannabis Control (“DCC”), accompanied by a statement signed under penalty of perjury, affirming that the license is valid and is in good standing with the DCC, and is not subject to pending or active enforcement action, including but not limited to unpaid fines, outstanding citations, license suspension, or license revocation.
D. A security plan indicating the cannabis retailer shall provide adequate security and lighting on site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan.
E. A permit application shall not be processed until all of the foregoing documentation and application requirements set forth in BGMC 5.12.020 and this section have been satisfied. (Ord. 934 § 9, 2023).
5.64.040 Operating standards.
All cannabis retail businesses in the city shall operate in conformance with the following operating requirements (“operating standards”):
A. No cannabis retailer may commence operations without obtaining a business regulatory permit required by this chapter; a conditional use permit for a cannabis retailer use pursuant to Chapter 9.50 BGMC; the issuance of a certificate of occupancy, finalized building job card, or equivalent document signed by the building official; the appropriate state licenses issued by the DCC; and any other applicable governmental agency approvals. In the event that a cannabis retailer does not request a building permit, the cannabis retailer shall not commence operations until the planning department has inspected the site to confirm that all applicable conditions of approval and/or applicable terms within an executed development agreement have been satisfied.
B. Cannabis retail businesses shall provide adequate security and lighting on site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the business license application.
C. All security guards employed by a cannabis retail business shall be licensed and possess a valid Department of Consumer Affairs “security guard card” at all times.
D. Cannabis retailer shall strictly comply with the state requirements, including but not limited to the Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and related regulations as enacted by the DCC and amended from time to time.
E. An odor-absorbing ventilation and exhaust system shall be installed so that odor generated inside the business is not detected outside the business.
F. Cannabis retailers shall not engage in cannabis cultivation, cannabis manufacturing, or cannabis laboratory testing, as defined in Chapter 9.04 BGMC. All such business uses are strictly prohibited within city limits and are subject to enforcement action pursuant to BGMC 5.64.060.
G. On-site consumption of cannabis and cannabis products shall be prohibited.
H. Cannabis retail businesses shall post a notice in a conspicuous location, readily visible to persons entering the premises notifying patrons that entry onto the premises by persons under the age of 21 is prohibited.
I. Cannabis retail businesses shall comply with all conditions of approval stated in the conditional use permit permitting the cannabis retail use issued pursuant to Chapter 9.50 BGMC.
J. City code compliance officers, the Bell Gardens police department, Los Angeles County fire department staff, or other agents and employees of the city shall be granted access to the site for the purpose of determining compliance with the operating standards contained herein.
K. A cannabis retail business shall commence operations within one year of issuance of a business regulatory permit. (Ord. 934 § 9, 2023).
5.64.050 Suspension or revocation – Grounds.
A. In addition to the grounds in Chapter 5.12 BGMC, a permit may be suspended or revoked if any of the following conditions exist:
1. Failure to comply with the operating standards contained in BGMC 5.64.040.
2. Failure to pay all applicable taxes and fees to the city for a consecutive three-month period.
3. The assignment or attempt to assign or transfer any business regulatory permit issued pursuant to this chapter.
4. Failure to obtain and/or maintain all of the required state permits for a cannabis retail business, including but not limited to licenses from the Department of Cannabis Control and a seller’s permit from the State Department of Tax and Fee Administration.
5. Failure to maintain and post all state and locally issued licenses and permits in a conspicuous place.
B. The hearing and appeal procedures for a suspension or revocation of a permit shall be in accordance with the procedures pursuant to Chapter 5.12 BGMC. (Ord. 934 § 9, 2023).
5.64.060 Unauthorized cannabis operations – Enforcement.
A. Any person or entity engaged in a cannabis retailer operation, as defined in Chapter 9.04 BGMC, without a regulatory business permit, shall be considered a nuisance per se and shall be subject to enforcement action, including but not limited to prosecution of a misdemeanor.
B. Any person or entity, including a licensed cannabis retailer, engaged in cannabis cultivation, cannabis manufacturing, or cannabis laboratory testing, as defined in Chapter 9.04 BGMC, shall be considered a nuisance per se and shall be subject to enforcement action, including but not limited to prosecution of a misdemeanor. (Ord. 934 § 9, 2023).
5.64.070 Violations.
A. Each and every violation of the provisions of this title is hereby deemed unlawful and a public nuisance and may be prosecuted as a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense.
B. The remedies provided herein are not to be construed as exclusive remedies. The remedies set forth in this title shall be in addition to any other remedies for violations of the municipal code, including but not limited to BGMC Titles 6 and 9. (Ord. 934 § 9, 2023).
5.64.080 City fees.
The city council may adopt fees related to the review, issuance, and enforcement of cannabis retail business regulatory permits. (Ord. 934 § 9, 2023).