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A. All related fees and charges associated with the operation of a commercial cannabis business as referenced or determined by this chapter shall be established by Resolution of the City Council, which may be amended from time to time.
B. No application shall be considered prior to timely payment in full of all fees and charges required for any permit mandated by this chapter.
C. No person may commence or continue any commercial cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a commercial cannabis business, and as mandated by this chapter.
D. All commercial cannabis businesses authorized to operate under this chapter shall pay all sales tax, use tax, business tax and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with City with respect to any reasonable request to audit the commercial cannabis business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of fees, costs or taxes required to be paid during any period.
(Ord. 2552 §1, Ord. 2589 §2)
A. In order to effectuate the intent of this chapter, the City Manager, or their designee, is authorized to establish any additional local rules, regulations, policies and standards governing the operating requirements applicable to all commercial cannabis businesses to promote the public’s safety, welfare or health; application review and approval process; the issuance, denial or renewal of Commercial Cannabis Permit; the ongoing operation of commercial cannabis businesses and the City’s oversight of same; and/or concerning any other subject determined to be necessary to carry out the intent and purposes of this chapter, including without limitation, establishing time periods to solicit applications pursuant to this chapter, and corresponding deadlines for timely submittals of same to the City, as well as the drafting of any forms or applications, as required by this chapter.
B. Additional local rules, regulations, policies and standards shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk.
C. Local rules, regulations, policies, and standards promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
(Ord. 2552 §1, Ord. 2589 §2)
The amount of any fee, cost or charge imposed pursuant to this chapter, or as imposed and mutually agreed-upon pursuant to any entitlements shall be deemed a debt to the City of Chico that is recoverable in any manner authorized by this Code, state law, provision of an approved entitlement, or in any court of competent jurisdiction.
(Ord. 2552 §1, Ord. 2589 §2)
ARTICLE V. ENFORCEMENT
Permittees, responsible persons, and/or managers shall be responsible for violations of the laws of the State of California or of the City of Chico City Code, whether committed by the permittee, or any employee or agent of the permittee, which violations occur on the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the permittee, responsible person, or manager, for purposes of determining whether the permit shall be revoked, suspended, or not renewed.
(Ord. 2552 §1, Ord. 2589 §2)
A. The City Manager, Chief of Police, Fire Chief, or their designee(s), charged with enforcing the provisions of the City of Chico City Code may enter the location of a commercial cannabis business at any time during regular business hours, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of State law.
B. It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under State or local law.
C. A commercial cannabis business may be subject to a mandatory inspection, during regular business hours, without notice, to ensure compliance with the provisions of the City Code. The City Manager has the authority to inspect commercial cannabis businesses at whatever frequency is necessary to ensure public health, safety and welfare.
(Ord. 2552 §1, Ord. 2589 §2)
A. Any person who violates any provision of this chapter is guilty of a misdemeanor and shall also be subject to all other remedies available under this Code.
B. It is unlawful for any permittee of a commercial cannabis business, or its responsible person, manager or any other responsible person employed by or working in concert with them or on their behalf, whether directly or indirectly, to continue to operate, conduct, or maintain a commercial cannabis business after the City-issued Commercial Cannabis Permit has been suspended or revoked, or not timely renewed, pursuant to a non-contested notice of decision issued by the City Manager, or after the issuance of a final order after an appeal hearing.
C. Any commercial cannabis business operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief to abate, cause cessation, or remove such commercial cannabis business and restrain and enjoin any person from operating, conducting or maintaining a commercial cannabis business contrary to the provisions of this chapter.
D. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
E. Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
F. The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, the City’s Code, or in any other ordinance, laws, rules or regulations of the City, County, or the State of California.
(Ord. 2552 §1, Ord. 2589 §2)
Except as designated in this chapter, the provisions of this chapter shall control for regulation of commercial cannabis businesses as defined herein if other provisions of the Code conflict therewith. This chapter shall not, however, relieve any person of their duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.
(Ord. 2552 §1, Ord. 2589 §2)