(A) Definitions. The following words used in this section are defined as follows:
CANNABIS. The meaning set forth in Cal. Bus. and Prof. Code § 26001(f) and includes 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 § 11018.5 of the Cal. Health and Safety Code.
COMMERCIAL CANNABIS ACTIVITY. The meaning set forth in Cal. Bus. and Prof. Code § 26001(k), and as that provision may be amended subsequently.
COMMERCIAL CANNABIS FACILITY. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Cal. Bus. and Prof. Code §§ 26000 et seq., including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.
CULTIVATION. The meaning set forth in Cal. Bus. and Prof. Code § 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
DELIVERY. Means the commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform.
MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in
Division 10 of the Cal. Bus. and Prof. Code, as the same may be amended from time to time.
MEDICINAL CANNABIS or MEDICAL CANNABIS. Cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in Cal. Health & Safety Code § 11362.7(h).
MEDICINAL CANNABIS DELIVERY-ONLY RETAILER. Means a retailer of medicinal cannabis by delivery only to a qualified patient for his or her personal medical use or their primary caregiver in full compliance with Cal. Health and Safety Code § 11362.765 with a Type 9 - M license from the California Department of Cannabis Control
PRIMARY CAREGIVER. The meaning set forth in Cal. Health and Safety Code §§ 11362.5(e) and 11362.7(d).
PRIVATE RESIDENCE. A house, an apartment unit, condominium, or other similar dwelling.
QUALIFIED PATIENT. The meaning set forth in Cal. Health and Safety Code § 11362.7(f).
(B) Purpose and intent. The purpose and intent of this section is to prohibit commercial cannabis facilities, except for medicinal cannabis delivery-only retailers established and operating in compliance with division (D) below and to regulate cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare.
(C) Commercial cannabis facilities and cannabis deliveries.
(1) Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within city limits.
(2) No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.
(3) The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients and these deliveries by the primary caregiver are subject to the following requirements:
(a) Deliveries are only permitted to occur from the hours of 7:00 a.m. to 8:00 p.m.;
(b) The delivery must be in an unmarked vehicle; and
(c) Deliveries are only permitted to a private home, apartment or residential condominium.
(4) This section is not intended to prohibit any commercial or non-commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA.
(D) Medicinal cannabis delivery-only retailer.
(1) A conditional use permit issued pursuant to § 23.06.020 for a medicinal cannabis delivery-only retailer must include, as conditions of approval, the operational standards set forth in this section. In addition, the conditional use permit must incorporate by reference an Operations Plan approved by the Police Chief, that implements not only the operations standards set forth in this section, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this title when considering the location and size of the proposed medicinal cannabis delivery-only retailer.
(2) Sunset clause; automatic repeal. This section is adopted pursuant to the legal mandate imposed by the State of California via Business and Professions Code § 26320. As set forth in this section, the regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code § 26322 be repealed by the California Legislature or be invalidated by a court of competent jurisdiction.
(3) Responsibility for compliance. The owners and operators of a medicinal cannabis delivery-only retailer, together with any person listed as the permittee or applicant on the medicinal cannabis delivery-only retailer application, are responsible for ensuring that the medicinal cannabis delivery-only retailer is, at all times, operating in a manner compliant with all applicable law.
(4) Required permits to operate. It is unlawful for any person to engage in or operate a medicinal cannabis delivery-only retailer in the city unless the person (1) has a valid medicinal cannabis delivery-only retailer permit from the city; and (2) is in compliance with all applicable law governing the medicinal cannabis delivery-only retailer, including the duty to obtain and maintain any required state license(s).
(5) Suspension or termination of delivery privileges. A medicinal cannabis delivery-only retailer permitted pursuant to this chapter may have its delivery privileges suspended or terminated by the City Manager, or designee, if the medicinal cannabis delivery-only retailer is found to have violated this chapter.
(6) Applications.
(a) Medicinal cannabis delivery-only retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application.
(b) Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution.
(c) The application must identify the address of the location where the medicinal cannabis delivery-only retailer is proposed to operate.
(d) No person may apply for a medicinal cannabis delivery-only retailer permit until and unless a conditional use permit issued pursuant to this code authorizes a medicinal cannabis delivery-only retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a medicinal cannabis delivery-only retailer permit required by this chapter. Before an application for a medicinal cannabis delivery-only retailer permit will be accepted by the city for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a medicinal cannabis delivery-only retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related use on the subject property must accompany the application for a medicinal cannabis delivery-only retailer permit. Only one application per parcel will be accepted and processed by the city at a given time. If an application for a medicinal cannabis delivery-only retailer permit is denied, a subsequent application for a medicinal cannabis delivery-only retailer permit on the same parcel may be accepted by the city only after one year following the denial is final and all available administrative and judicial remedies are exhausted.
(e) Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it is submitted with all of the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The city may require supplemental information from any applicant before deeming an application complete.
Such information must be provided to the City Manager, or designee, within seven business days. Failure to provide the information results in the application losing its priority in the queue and will not be considered "received" until the date that all requested supplemental information is provided to the City Manager, or designee.
(f) The City Council may, by resolution, establish minimum threshold qualifications for all medicinal cannabis delivery-only retailer permit applicants including, without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.
(7) Expiration. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter must be activated within 30 days after the city approves the medicinal cannabis delivery-only retailer permit. Activation occurs when the permittee pays all fees required by this chapter; accepts all conditions; provides evidence that it was issued a valid conditional use permit; and provides evidence that it applied with the State of California for all required permits.
Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter expires twelve months after the date it is issued. Medicinal cannabis delivery-only retailer permits may be renewed as provided in this chapter.
(8) Renewals.
(a) An application for renewal of a medicinal cannabis delivery-only retailer permit must be filed at least 60 calendar days before the expiration of the current permit.
(b) The renewal application must contain all of the information required for a new application.
(c) The renewal application must be accompanied by a renewal fee established by City Council resolution.
(d) The renewal application must be denied if any of the following circumstances exists:
1. The renewal application is filed less than 60 calendar days before expiration of the permit.
2. The medicinal cannabis delivery-only retailer permit is suspended at the time of the renewal application.
3. The medicinal cannabis delivery-only retailer has not been in regular and continuous operation in the four months before the renewal application.
4. The medicinal cannabis delivery-only retailer failed to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or applicable state law.
5. The permittee does not possess a valid license from the State of California, if required by law.
(e) The City Manager, or designee, is authorized to make all decisions concerning applications for renewal. The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect the public health, safety, or welfare.
(f) If a renewal application is denied for any reason, and if the permittee wishes to obtain another medicinal cannabis delivery-only retailer permit, they must file a new application as set forth in this chapter.
(9) Prohibition on transfer of permits. It is unlawful for any person to operate a medicinal cannabis delivery-only retailer at any location other than the location specifically authorized and identified on a city-issued medicinal cannabis delivery-only retailer permit.
No person may transfer an ownership interest, ownership, or control of a medicinal cannabis delivery-only retailer or transfer any medicinal cannabis delivery-only retailer permit issued under this chapter. It is unlawful for a medicinal cannabis delivery-only retailer permittee to sell or transfer a medicinal cannabis delivery-only retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a medicinal cannabis delivery-only retailer, or of a medicinal cannabis delivery-only retailer permit, will automatically render the medicinal cannabis delivery-only retailer permit void.
(10) Revocation and suspension. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a medicinal cannabis delivery-only retailer permit for the following reasons:
(a) Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable;
(b) If the permittee violates any condition imposed by this chapter or by the terms of the permit; or
(c) Violation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction.
(11) Operations standards.
(a) To operate a medicinal cannabis delivery-only retailer, an applicant must obtain and maintain both licensure from the California Department of Consumer Affairs and a city business license.
(b) It is unlawful for alcohol or tobacco to be sold.
(c) Parking must be provided in accordance with the underlying zoning district.
(d) It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property.
(e) All cannabis and cannabis products sold or otherwise made available at a medicinal cannabis delivery-only retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law.
(f) Each medicinal cannabis delivery-only retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.
(g) Uniformed security personnel must be employed to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the Operations Plan.
(h) Odor control devices and techniques must be incorporated to ensure that odors from cannabis and cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building.
(i) All law enforcement personnel seeking admission to the premises for the purpose of ascertaining compliance with the standards and regulations of this code must be given unrestricted access to all areas of the premises at all times during
hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan.
(j) All interior spaces of the retailer (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the city as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the city issues a certificate of occupancy for the medicinal cannabis delivery-only retailer.
(k) It is unlawful for a physician to be permitted in a medicinal cannabis delivery-only retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card.
(l) Before dispensing medical cannabis or medical cannabis products to any person under the age of 21, the medicinal cannabis delivery-only retailer must verify that the person possesses a valid identification card. A medicinal cannabis delivery-only retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Cal. Health and Safety Code § 11362.71 and a valid government-issued identification card.
(m) It is unlawful for any member of the public to be allowed on the premises of medicinal cannabis delivery-only retailer.
(n) The premises must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.
(o) All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Cal. Health and Safety Code §§ 113700 et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with State and local laws.
(p) No delivery driver may carry more than $200 in cash while engaged in the service of delivering cannabis or cannabis products.
(q) It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.
(E) Cannabis cultivation. No person may cultivate cannabis at any location within the city, except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence, provided that such cannabis cultivation is in compliance with all of the following requirements and restrictions:
(1) The cultivation occurs in residences and/or accessory structures that are fully enclosed and secured against unauthorized entry. If the accessory structure is a garage, the person cultivating inside that garage must not do so in a way that reduces the garage's ability to provide covered parking as otherwise required by this code.
(2) The owner of the private residence has provided written consent allowing cannabis cultivation to occur at the private residence.
(3) The cultivation complies with all applicable building code requirements set forth in the Alhambra Municipal Code.
(4) There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.
(5) Pursuant to Cal. Health and Safety Code § 11362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
(6) Indoor grow lights used for cannabis cultivation do not exceed 1,000 watts per light.
(7) Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by Cal. Civ. Code § 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.
(8) A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.
(9) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least 50% non-cannabis waste.
(F) Violation. Violation of any provision of this section is subject to enforcement remedies and penalties as set forth in Alhambra Municipal Code or applicable law.
(G) Civil penalties. Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party as provided in Alhambra Municipal Code § 1.12.090.
(Ord. 4823, passed 1-22-24)