Section:
ARTICLE I. GENERALLY
5.42.010 Purpose and intent.
5.42.020 Legal authority.
5.42.030 Commercial cannabis businesses prohibited unless specifically authorized.
5.42.040 Compliance with state and local laws.
5.42.050 Definitions.
5.42.060 Commercial cannabis businesses allowed; activities prohibited.
ARTICLE II. COMMERCIAL CANNABIS PERMIT
5.42.100 Commercial cannabis permit required.
5.42.105 Evidence of cannabis employee background check required.
5.42.110 Number of commercial cannabis businesses authorized.
5.42.120 Location limitations.
5.42.130 Expiration, renewal, revocation, and suspension of commercial cannabis permits.
5.42.140 Effect of license or permit expiration, suspension, revocation, or termination.
5.42.150 Revocation of permits.
5.42.160 Appeals.
5.42.170 Appeal for initial permit; limited grounds.
ARTICLE III. ISSUANCE AND PERMIT REQUIREMENTS
5.42.200 Permits and inspections prior to commencing operations.
5.42.210 City business license.
5.42.220 Limitations on City’s liability.
5.42.230 Permit; non-assignable and non-transferable.
5.42.240 Change in location of commercial cannabis business.
5.42.250 Changes in ownership of commercial cannabis business.
5.42.260 Change in ownership when the permittee is a partnership or corporation.
5.42.270 Changes in name of business only.
5.42.280 Alterations to approved facility.
5.42.290 Any other changes in information as reflected in the submitted application or entitlements.
ARTICLE IV. OPERATIONAL REQUIREMENTS
5.42.300 General prohibitions.
5.42.305 Restriction on alcohol and tobacco sales, dispensing or consumption.
5.42.310 Operating requirements for store front retail facilities.
5.42.311 Operating requirements for non-storefront retail facilities.
5.42.312 Operating requirements for testing laboratories.
5.42.313 Operating requirements for cannabis manufacturing.
5.42.314 Operating requirements for distributors.
5.42.315 Additional operating requirements for retail delivery businesses.
5.42.316 Delivery services originating outside of City.
5.42.317 Permissible delivery locations and hours of operation.
5.42.320 Security requirements.
5.42.330 Records and recordkeeping.
5.42.340 Fees and charges.
5.42.350 Promulgation of local regulations, standards and other legal duties.
5.42.360 Fees deemed debt to City of Chico.
ARTICLE V. ENFORCEMENT
5.42.400 Responsibility for violations.
5.42.410 Inspections.
5.42.420 Violations and penalties.
5.42.430 Effect on other ordinances.
ARTICLE I. GENERALLY
The purpose of this chapter is to regulate commercial cannabis activity in the City of Chico, whether the cannabis is for medicinal or adult-use commercial purposes by enacting a permitting and regulatory scheme for this action.
It is the purpose and intent of this chapter, in conjunction with Title 19 of the Chico Municipal Code, and resolutions and other policies adopted by the City, to implement the provisions to provide access to cannabis as authorized by the California Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA” or the Act), and related laws, regulations, and policies issued by the State of California, while imposing reasonable regulations on commercial activities and the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this chapter to regulate the manufacturing, testing, distribution, and retail sale of medicinal and adult- use cannabis and cannabis products, and the ancillary transportation and delivery of same, as may be amended from time to time by the State of California and the City, (hereinafter, collectively, “commercial cannabis businesses”), in a responsible manner to protect the health, safety, and welfare of the residents of the City of Chico and to enforce local rules and regulations consistent with State law. It is the purpose of this chapter to prohibit the commercial cultivation and microbusiness uses of cannabis within the City of Chico.
It is the further purpose and intent of this chapter to require all commercial cannabis businesses operating in the City to obtain and renew annually a Commercial Cannabis Permit to operate within Chico and an annual City of Chico Business License.
Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate State or federal law. The provisions of this chapter are in addition to any other permits, licenses, approvals, and compliance or regulatory inspections which may be required to conduct business in the City, and are in addition to any permits, licenses, approvals and compliance or regulatory inspections required under the City of Chico, the County of Butte, State of California, or other state and local laws, rules and regulations.
(Ord. 2552 §1, Ord. 2589 §2)
The City of Chico is a Charter City, established under the Constitution of the State of California, has the power to make and enforce within its jurisdictional limits all laws and regulations in respect to municipal affairs subject only to such restriction and limitations as may be provided in the Constitution of the State of California or provision of the City Charter. Moreover, pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and/or regulations regarding same, the City of Chico is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis businesses. Moreover, pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and/or regulations regarding same, the City of Chico is authorized to adopt ordinances and local resolutions that establish local standards, requirements and regulations for the licensing and permitting of commercial cannabis businesses.
(Ord. 2552 §1, Ord. 2589 §2)
Engaging in, conducting or operating commercial cannabis businesses, or causing, allowing, permitting or maintaining a commercial cannabis business (other than the transportation of cannabis or cannabis products as provided under California Business & Professions Code section 26090(e)), within the City’s jurisdiction, shall be unlawful and prohibited, except as specifically authorized by state law, this chapter, Title 19 of the Chico Municipal Code, and all other codes, ordinances, and resolutions of the City of Chico.
(Ord. 2552 §1, Ord. 2589 §2)
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