(a) Purpose. The purpose and intent of this Section is to regulate the distribution of adult-use and medical cannabis between Medical Cannabis Permittees in accordance with State law in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to the MAUCRSA.
(b) Definitions. For purposes of this Section, the following definitions shall apply, unless the context clearly indicates otherwise:
(1) “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. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
(2) “City” means the City of Adelanto, California.
(3) “City Manager” means the individual duly appointed by a majority of the City Council to serve in the capacity as executive officer of the City on a permanent or interim basis.
(4) “CUP” means a Conditional Use Permit issued by the City in accordance with this Code.
(5) “Distribute” “Distribution” and “Distributor” shall be defined in accordance with the MAUCRSA, Business and Professions Code section 26001, and other applicable State laws, Distribution shall include the commercial acts of shipping, storing, and warehousing medical cannabis.
(6) “Distribution Permit” means a City permit to distribute adult-use and/or medical cannabis between Cannabis Permittees in accordance with the terms and conditions of this Section and the conditions of approval for the permit.
(7) “Distribution Permittee” means a person or entity that has been issued a Distribution Permit by the City pursuant to the terms and conditions of this Section.
(8) “Fully enclosed and secure structure” means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors.
(9) “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). (Bus. & Prof. Code, section 26000 et seq.)
(10) “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code and other applicable State laws, by a medicinal cannabis patient in California who possesses a physician’s recommendation. For purposes of this definition, “medical cannabis” also means “medical marijuana.” “Cannabis Permittee” means a person or entity that has been issued a permit by the City, or another city in the State of California in accordance with the MAUCRSA, or other applicable State laws, to participate in a commercial adult-use and/or medical cannabis activity, such as cultivation, manufacturing, distribution, transportation, testing, dispensing, or delivering.
(11) “Physical Location” means a physical place of business, facility, office, or warehouse owned or operated by a Distribution Permittee for the distribution or storage of cannabis.
(c) Cannabis Distribution Prohibited. All cannabis distribution within the City is prohibited except as expressly permitted by this Section.
(d) Distribution of Medical Cannabis Conditionally Permitted. Distribution of adult-use and/or medical cannabis is conditionally permitted in the City only as expressly specified in this Section.
(1) Cannabis Distribution Standards. Adult-use and medical cannabis distribution within the City shall be in conformance with the following standards:
A. Adult-use and medical cannabis distribution shall only be allowed upon application and approval of a Distribution Permit and a CUP in accordance with the criteria and process set forth in this Section and this Code.
B. Physical Location. A Distribution Permittee shall not be required to own or operate a Physical Location within the City. Provisions in this Section pertaining solely to a Physical Location within the City shall not apply to Distribution Permittees who do not have a Physical Location within the City. The City Manager or the City Manager’s designee shall have sole and ultimate authority to determine whether a provision in this Section solely pertains to a Physical Location, and, therefore, is not applicable to Distribution Permittees who do not have a Physical Location within the City.
C. Adult-use and medical cannabis distribution is a conditionally permitted use only on properties within the City’s Cannabis Overlay Zones, except for shipping activities, which shall be permitted upon established commercial trucking routes.
D. Adult-use and medical cannabis distribution activities may include the receiving and releasing of cannabis plants, flowers, and products for inspection, testing, and quality assurance.
E. No cannabis distribution shall be established, developed, or operated within 600 feet of a school, public playground or park, child care or day care facility, youth center, or church, except for shipping activities, which must follow to established commercial trucking routes. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the cannabis distribution activity is, or will be, located to the nearest property line of those uses described in this Subsection.
F. Cannabis distribution may not be located within the same unit of a building or structure as an indoor cannabis testing facility.
G. Subject to the further requirements of this Section, only State Distributor license classification “M” or “A” Type 11 will be allowed to operate in the City in accordance with the MAUCRSA, and Business and Professions Code sections 26050 and 26070 Permittee and other applicable State and local laws.
H. Except for commercial shipping operations, adult-use and/or medical cannabis distribution shall only be allowed within fully enclosed and secure structures that are inaccessible to minors, and shall not exceed the square footage authorized pursuant to the applicable CUP.
I. From any public right-of-way, there shall be no visible exterior evidence of any cannabis distribution activity.
J. Cannabis distribution shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.
K. Any cannabis distribution facility shall fully comply with all of the applicable restrictions and mandates set forth in State law. Any cannabis distribution facility shall operate within a legal structure that is compliant with all applicable State and local laws. Any cannabis distribution facility shall comply with all size requirements for such facility as imposed by State law. Any cannabis distribution facility shall not engage in any activities not allowed by adult-use and/or medical cannabis distribution facilities pursuant to State law. Any cannabis distribution facility shall comply with all horticultural, labeling, processing, and other standards required by State law.
L. There is no set restriction on the hours of operation of an adult-use and/or medical cannabis distribution activities; however, restricted hours of operation may be established as a condition of approval of the Distribution Permit or the applicable CUP.
M. All cannabis shall be kept in a secured manner during all business and nonbusiness hours.
N. Each Distribution Permittee must pay all applicable sales taxes pursuant to all federal, State, and local laws. Each Distribution Permittee shall pay the City’s Cannabis Excise Tax provided in AMC chapter 3.60.
O. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited on the premises of any cannabis distribution facility. The term “premises” as used in this Subsection includes the actual cannabis distribution building, as well as any accessory structures and parking areas. The cannabis distribution facility building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting, or consuming cannabis or alcohol on the premises, or in the vicinity of the facility, is prohibited.
P. Signage for any cannabis distribution facility shall be limited to name of business only, shall be in compliance with the City’s sign code, and shall contain no advertising of any companies, brands, products, goods, or services. Signage shall not include any drug-related symbols.
Q. Alcoholic beverages shall not be sold, stored, distributed, or consumed on the premises. Distribution Permittees shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. In addition, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the premises of any cannabis distribution facility.
R. Physician services shall not be provided on the cannabis distribution premises.
S. The building in which any cannabis distribution facility is located, as well as the operations conducted therein, shall fully comply with all applicable rules, regulations, and laws including, but not limited to, zoning and building codes, the City’s business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the MAUCRSA. Compliance with all requirements of State law pertaining to medical cannabis distribution is also required.
T. A Distribution Permittee shall not grow, cultivate, manufacture, process, transport, dispense, or administer cannabis, unless expressly and affirmatively authorized by State law. Any cannabis distribution facility shall not be operated as a cannabis testing facility unless expressly and affirmatively authorized by State and local law.
U. The operators of any cannabis distribution facility shall provide the City Manager, or the City Manager’s designee, with the name, phone number, facsimile number, and email address of an on-site representative to whom the City and the public can provide notice if there are any operational problems associated with the cannabis distribution facility. Any cannabis distribution facility shall make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the City or law enforcement.
V. Any cannabis distribution facility shall be operated in accordance with the conditions of approval associated with the applicable CUP for the parcel of real property upon which the cannabis distribution activities occur.
W. Any cannabis distribution facility shall have a security plan including the following measures:
1. Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 120 concurrent hours of digitally recorded documentation in a format approved by the City Manager or the City Manager’s designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, distribution areas, all doors and windows, and any other areas as determined by the City Manager or the City Manager’s designee. Remote log-in information shall be provided to the City Manager, the City Manager’s designee, the Code Enforcement Manager, and law enforcement to allow them to view the security camera images and recordings from their own facilities at any time. Any disruption in security camera images shall be cured expeditiously.
2. The cannabis distribution facility shall be secured with an alarm system that is operated and monitored by a reputable security company.
3. Entrance to the distribution area, and all storage areas, shall be locked at all times, and under the control of the medical cannabis distribution facility’s staff.
4. The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the City’s lighting standards regarding fixture type, wattage, illumination levels, shielding, etcetera, and shall secure the necessary lighting approvals and permits as needed.
5. All windows on the building that houses the cannabis distribution facility shall be appropriately secured and all cannabis securely stored.
X. Recordings made by the security cameras shall be made available to the City Manager, the City Manager’s designee, or law enforcement upon verbal request—no search warrant or subpoena shall be needed to view the recorded materials.
Y. The City Manager, the City Manager’s designee, or the Code Enforcement Manager shall have the right to enter the adult-use and/or cannabis distribution facility for the purpose of making reasonable inspections to observe and enforce compliance with this Section and all laws of the City and the State. The City Manager, the City Manager’s designee, or the Code Enforcement Manager shall maintain a log tracking the time and date of all inspections, the individuals requesting the inspection, and the result of each inspection. Individuals participating in any such inspection must take precautions and comply with standard safeguards and procedures in place at the facility regarding security, clean room/clean area access and anti-contamination measures.
Z. A Distribution Permittee shall only distribute adult-use and/or medical cannabis between the business locations of Medical Cannabis Permittees.
AA. A Distribution Permittee shall inspect all cannabis and cannabis products received for quality assurance prior to distributing to any Cannabis Permittee.
BB. A Distribution Permittee shall distribute batches of cultivated cannabis and cannabis products to dispensaries only after those batches have been inspected and quality tested by a qualified third party testing facility as required by the MAUCRSA, Business and Professions Code section 26100, the Department of Food and Agriculture regulations, and the State Department of Public Health regulations.
CC. A Distribution Permittee shall not distribute or arrange for the distribution to a dispensary of any batch of adult-use and/or medical cannabis or cannabis products that a qualified third party testing facility has determined fails to comply with the health and safety standards promulgated by the State Department of Public Health, unless remedial measures can bring the cannabis into compliance.
DD. A Distribution Permittee must destroy any batch of adult-use and/or medical cannabis or cannabis products that a qualified third party testing facility has determined fails to comply with health and safety standards promulgated by the State Department of Public Health, unless remedial measures can bring the cannabis into compliance.
EE. Each Distribution Permittee shall register with the City every Physical Location the Distribution Permittee owns or operates within the City.
FF. A Distribution Permittee shall identify in its application for a Distribution Permit every Physical Location the Distribution Permittee owns or operates throughout the State.
GG. Storage of Cannabis. A Distribution Permittee may store adult-use and/or medical cannabis and adult-use and/or medical cannabis products subject to the following requirements:
1. Each batch of cannabis shall be stored separately and distinctly from every other batch of cannabis.
2. Each batch of stored cannabis shall have a label attached thereto that includes at least the following information: the Distribution Permittee’s name and Distribution Permit number; the date of entry into the Distribution Permittee’s storage area; the unique identifiers and batch number associated with the batch; description of the cannabis product with enough detail to easily identify the batch; and the weight of the batch, or quantity of units in the batch.
3. Each batch of cannabis or cannabis products shall be stored in a building that is designed to permit control of temperature and humidity, and also prevents the entry of environmental contaminants such as smoke or dust. The storage area shall not be exposed to direct sunlight. Employee breakrooms, changing facilities, and bathrooms shall be completely separated from each storage area.
4. Distribution Permittees may store vehicles and cannabis or cannabis products in facilities located offsite from their permitted distribution facility so long as the offsite facilities are located in the applicable Cannabis Overlay Zone, the facilities meet the requirements of this Section, and the City approves the offsite facilities through its entitlement process for the specific use of cannabis distribution.
5. Cannabis shall not be stored outdoors.
HH. Packaging and Labeling of Cannabis. Each Distribution Permittee must comply with all applicable adult-use and/or medical cannabis packaging and labeling laws, including, but not limited to, Business and Professions Code sections 26106 and 26120. A Distribution Permittee may package, re-package, label, and re-label adult-use and/or medical cannabis in the form of dried flower on behalf of a cultivator or another distributor. A Distribution Permittee shall not package, re-package, label, or relabel manufactured adult-use and/or medical cannabis or adult-use and/or medical cannabis products. Prior to distributing any adult-use and/or medical cannabis or adult-use and/or medical cannabis products to a dispensary, each Distribution Permittee shall ensure that the label and packaging of each batch of adult-use and/or medical cannabis or adult-use and/or medical cannabis products complies with all applicable adult-use and/or medical cannabis packaging and labeling laws, including, but not limited to, Business and Professions Code sections 26106 and 26120.
II. Inventory Log. Each Distribution Permittee shall maintain an inventory log, containing at least the following information for each batch of adult-use and/or medical cannabis distributed or stored: information regarding the origin of the batch; the date and time of physical transfer to the Distribution Permittee; the unique identifiers of the batch; the total weight or amount of the batch; the storage conditions the batch is held in; the best-by, sell-by, or expiration date of each batch, if any; shipping manifests and bills of lading; a copy of the service or sale contract pertaining to the batch; and warehouse receipts. Each Distribution Permittee shall reconcile all of its inventories of adult-use and/or medical cannabis or adult-use and/or medical cannabis products at least once per week.
JJ. A Distribution Permittee shall notify the City Manager or the City Manager’s designee within 24 hours of discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance shall be determined by the City Manager or the City Manager’s designee.
2. Diversion, theft, loss, or any criminal activity involving the distribution facility or any agent or employee of the Distribution Permittee.
3. The loss or unauthorized alteration of records related to adult-use and/or medical cannabis distribution activity.
4. Any other breach of security.
(2) Distribution Permit Applications. All applicants wishing to obtain a Distribution Permit from the City shall file an application with the City upon a form provided by the City and shall pay a Distribution Permit Application Fee as established by the City. An application for a Distribution Permit shall include at least the following information:
A. The address of the applicant’s headquarters.
B. The names, addresses, and relevant criminal histories of all potential employees, facility managers, and other relevant parties for the proposed distribution activities. Relevant criminal histories shall include any drug-related or felony convictions, the nature of such offenses, and the sentences received for such convictions.
C. Evidence that the applicant has identified every Physical Location the applicant owns or operates throughout the State.
D. Authorization for the City Manager or the City Manager’s designee to seek verification of the information contained within the application.
E. A statement in writing by the applicant that the applicant certifies under penalty of perjury that all the information contained in the application is true and correct.
F. Any such additional and further information as is deemed necessary by the City Manager or the City Manager’s designee to administer this Section.
G. An application for a Distribution Permit involving a Physical Location shall also include at least the following information:
1. An estimate of the size of the proposed adult-use and/or medical cannabis distribution facility.
2. The address of the location for which the Distribution Permit is sought.
3. A site plan and floor plan for the proposed premises denoting the use of all areas on the premises, including storage, distribution areas, lighting, signage, etcetera.
4. A proposed security plan in compliance with the Adult-use and Medical Cannabis Distribution Standards.
5. The name and address of the owner and lessor of the real property upon which the adult-use and/or medical cannabis distribution activity is proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that an adult- use and/or medical cannabis distribution facility will be operated on the property.
6. Evidence that the adult-use and/or medical cannabis distribution facility will be located in a legal structure that is compliant with all applicable State and local laws.
7. Evidence that the applicant has registered with the City every Physical Location the applicant owns or operates within the City.
H. The City Manager or the City Manager’s designee shall conduct a background check of any applicant seeking a Distribution Permit, including all potential employees and any person who may be a facility manager or otherwise responsible for the proposed distribution activities (“Applicant’s Agents”), and shall prepare a report on the acceptability of the applicant and the Applicant’s Agents and the suitability of the proposed Physical Location, if any.
I. The City Manager or the City Manager’s designee shall rank all qualified applications in order of those that best satisfy the requirements of this Section and provide the highest level of service and opportunities for residents of the City based on the requirements of this Section and the following criteria (“Merit List”):
1. The operational plan for the distribution activities.
2. The security plan for the distribution activities.
3. The experience of the operators of the distribution activities.
4. The adequacy of capitalization for the Physical Location, if any, and its operations.
5. The employment of City residents and other public benefits to the City.
(3) Distribution Permit. The following conditions apply to Distribution Permits:
A. A Distribution Permit will not be awarded to an applicant if:
1. The applicant or the Applicant’s Agents made one or more false or misleading statements or omissions in the application or during the application process.
2. The proposed adult-use and/or medical cannabis distribution activity or Physical Location, if any, is not allowed by State or local law.
3. The applicant or the Applicant’s Agents have been convicted of a felony, or a misdemeanor involving moral turpitude, or the illegal use, possession, distribution, transportation, or any such similar activity related to controlled substances, with the exception of cannabis related offenses for which the conviction occurred prior to passage of Compassionate Use Act. A conviction within the meaning of this Section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
4. The applicant or the Applicant’s Agents have engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
5. The applicant has not satisfied each and every requirement of this Section.
B. A Distribution Permit shall be awarded by the City to eligible Distribution Permit applicants in order of the Merit List as established by the City Manager or the City Manager’s designee. The number of Distribution Permits shall be limited to those that may be reasonably accommodated within the City’s Cannabis Overlay Zones as determined by the City Manager or the City Manager’s designee.
C. Before a Distribution Permit can be issued to an applicant, Distribution Permit fees must be paid to offset all related costs to the City, and the proposed Physical Location, if any, must pass all applicable inspections.
D. Each Distribution Permit involving a Physical Location is subject to the conditions of approval in the applicable CUP for the parcel of real property upon which the medical cannabis distribution activity occurs.
E. Each Distribution Permit is subject to any additional conditions that may be applied by the City at the time of issuance or renewal as necessary to properly regulate the cannabis distribution activities and to protect the public.
F. All distribution activities shall be subject to the City’s Cannabis Excise Tax provided in AMC chapter 3.60.
G. Each Distribution Permittee shall enter into an agreement with the City to fully reimburse the City for all fiscal impacts, costs, expenses, fees, and attorneys’ fees incurred by the City related to the Distribution Permit and the cannabis distribution activity.
H. Distribution Permittees who are in good standing with the City and who were previously authorized to engage in medical cannabis distribution, may request an abbreviated application for a permit to engage in adult-use cannabis distribution within the same distribution facility, and they may operate under both permits in the same space, subject to state and local laws. The abbreviate permit process will allow Distribution Permittees to submit certain previously approved application materials for their adult-use Distribution Permit. The City reserves the right to request the Distribution Permittee to submit a new Distribution Permit application if the resubmitted materials do not satisfy the City’s Distribution Permit requirements. The City Manager will determine the appropriate fees for the adult-use permit, and the City Manager shall issue the adult-use permits on an expedited basis based on the prior applications and approvals.
I. Each Distribution Permittee shall:
1. Carry liability insurance in the amounts and types set by the City Manager or the City Manager’s designee, and name the City as an additional insured on all such insurance policies.
2. Execute an Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Distribution Permit, the Distribution Permittee’s cannabis related activities, and any action taken by the Distribution Permittee pursuant to this Section.
3. Defend the City, at the Distribution Permittee’s sole expense, in any action against the City or its agents, officers, or employees associated with the Distribution Permit, the Distribution Permittee’s cannabis related activities, or any action taken by the Distribution Permittee pursuant to this Section. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the Distribution Permittee of its indemnification and reimbursement obligations.
4. Reimburse the City for all costs, expenses, fees, and attorney fees incurred by the City related to any action against the City or its agents, officers, or employees associated with the Distribution Permit, the Distribution Permittee’s cannabis related activities, or any action taken by the Distribution Permittee pursuant to this Section.
J. A Distribution Permittee shall keep the City and law enforcement updated with the names, addresses, and relevant criminal histories of all employees, facility managers, and other relevant parties for the adult-use and/or medical cannabis distribution activities at all times. Relevant criminal histories shall include any drug-related or felony convictions, the nature of such offenses, and the sentences received for such convictions.
K. A Distribution Permittee shall account for job creation in the City and shall commit to employing a workforce that resides in the City. For Distribution Permittees with a Physical Location, a minimum of 50% of all employees employed by the Distribution Permittee at the Physical Location shall be residents of the City. A Distribution Permittee shall use good faith efforts to comply with this Subsection and shall report the residential composition of its workforce to the City every year and at any other time upon demand by the City Manager or the City Manager’s designee.
L. A Distribution Permit issued pursuant to this Section may be transferred so long as the Permittee satisfies the City’s Distribution Permit application requirements and is in good standing with the city under the following circumstances:
1. The transfer results from the existing Permittee changing the corporation type on file with the California Secretary of State,
2. The transfer is necessary to reflect the death or disability of an owner and/or the person on file with the City as being responsible for the permitted operations, or
3. To reflect a bona-fide transfer of the permit as a part of a transfer of the permitted operation.
All Distribution Permit transfers are subject to the City Manager’s or his or her designee’s prior approval, which shall not be unreasonably withheld.
M. A Distribution Permit shall expire and be null and void 12 months after issuance to the Distribution Permittee unless properly renewed. Upon payment of the applicable Distribution Permit fees, and passing any requisite Distribution Permit inspections, a Distribution Permittee that has maintained compliance with all City, State, and other applicable cannabis and business related laws shall be entitled to renew its Distribution Permit subject to all prevailing laws at the time of renewal.
N. To the fullest extent permitted by law, the City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any cannabis distribution activities, or for the activities of any Distribution Permittee.
(4) Conditional Use Permit. All parcels of real property within the City’s Cannabis Overlay Zones, upon which cannabis distribution activities may occur, must obtain a CUP from the City for all such activities.
(e) Enforcement.
(1) Any cannabis distribution within the City in violation of this Section is hereby declared to be unlawful and a public nuisance.
(2) Any party who engages in a violation of this Section, or who owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this Section is maintained, shall be subject to the penalties and remedies provided by this Section.
(3) Any violation of this Section shall constitute a separate offense for each and every day the violation occurs or persists.
(4) Any person in violation of any provision of this Section shall be guilty of a misdemeanor and shall be punishable by a fine of up to $ 1,000 and up to six months imprisonment per offense per day.
(5) Any person in violation of any provision of this Section shall be punishable by an administrative fine of up to a $1,000 per offense per day.
(6) Any violation of this Section or any other City or State cannabis law by a Distribution Permittee, or a Distribution Permittee’s agent, is grounds for revoking the relevant Distribution Permit. In addition, the City Manager or the City Manager’s designee may revoke a Distribution Permit if any of the following occur subject to a reasonable opportunity for the permittee to cure the deficiency during a period of no more than 30 days:
A. The City Manager or the City Manager’s designee determines that the Distribution Permittee has failed to comply with this Section, any condition of approval, or any agreement or covenant as required pursuant to this Section.
B. The adult-use and/or medical cannabis distribution operations cease for more than 90 calendar days.
(7) For Distribution Permits involving a Physical Location, the City Manager or the City Manager’s designee may also revoke the Distribution Permit if any of the following occur:
A. Ownership of the Physical Location is changed or transferred to a third party, without prior City approval.
B. The Physical Location fails to maintain 120 hours of security recordings.
C. The Physical Location fails to provide remote access to the security cameras to the City Manager, the City Manager’s designee, the Code Enforcement Manager, or law enforcement, or fails to allow inspection of the security recordings, the activity logs, or of the premises by authorized City officials.
(8) Any decision regarding the revocation of a Distribution Permit may be appealed to an independent neutral third party administrative hearing officer appointed by the City Manager or the City Manager’s designee (“Hearing Officer”). Said appeal shall be made by a notice of appeal from the person appealing within 15 days from the date of the decision to revoke the Distribution Permit. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the Distribution Permit was improperly revoked. The Hearing Officer’s decision shall be final and binding upon the City and the appellant.
(9) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
[Ord. No. 548, Section 2, 10/12/16; Ord. No. 556, Section 4, 12/14/16; Ord. No. 558, Section 4, 12/14/16; Ord. No. 564, Section 4, 6/28/17; Ord. No. 573, Section 2, 7/12/17; Ord. No. 588, Section 5, 5/23/18; Ord. No. 602, Sections 8 - 11, 6/12/19.]