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Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.
"A-License" means a state license for commercial cannabis activity related to cannabis products for individuals 21 years of age and over without the need for a physician's recommendation.
"Applicant" means the owner or owners applying for a commercial cannabis permit pursuant to this chapter.
"Backflow preventer" means a device approved by the General Manager that is designed to keep the undesirable reversal of flow of a liquid, gas, or suspended solid into the city's potable water supply.
"Cannabis" means all parts of the 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 definition, "cannabis" does not mean or include industrial hemp.
"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. "Cannabis concentrate" does not include any product intended for oral ingestion by the final consumer. A cannabis concentrate is not considered food, as defined by Health and Safety Code § 109935, or drug, as defined by Health and Safety Code § 109925.
"Cannabis product" means cannabis that has undergone a process whereby the plant material has been concentrated and, with or without the addition of ingredients, been transformed into a product for sale. Cannabis products include but are not limited to: cannabis concentrate, edible cannabis products, topical cannabis, or an inhalant containing cannabis or cannabis product.
"Cannabis waste" means waste that is not hazardous waste which contains cannabis and that has been made unusable and unrecognizable in the manner required by the state cannabis laws.
"City Attorney" means the City Attorney of the City of Corona, or his/her designee.
"City Manager" means the City Manager of the City of Corona, or his/her designee.
"Commercial cannabis activity" means the commercial possession, furnishing, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products.
"Commercial cannabis business" means any person lawfully engaged in a commercial cannabis activity, which may include businesses operating with an A-License, a M-License or both.
"Commercial cannabis operational agreement" means an agreement entered into by and between the city and the owner(s) of a commercial cannabis business setting forth the terms and conditions under which the commercial cannabis business shall operate, in addition to the requirements of this chapter, the state cannabis laws and all other applicable state and local laws, rules and regulations, and such other terms and conditions that will protect and promote the public health, safety and welfare.
"Commercial cannabis permit" means the regulatory permit issued by the city pursuant to this chapter that authorizes the permittee to operate a commercial cannabis business or engage in a commercial cannabis activity within the city.
"Community Development Director" means the Community Development Director of the City of Corona, or his/her designee.
"Convicted" means a plea or verdict of guilty or a conviction following entry of a plea of no contest, but does not include any plea, verdict or conviction that is expunged pursuant to state or federal law.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis or industrial hemp, other than for personal use as allowed by state law pursuant to the authority described in § 5.36.240(G).
"Day" or "days" means calendar day(s).
"Day care center" has the same meaning as in California Health and Safety Code § 1596.76, as presently adopted or further amended.
"Delivery" means the commercial transfer of cannabis or cannabis products from a storefront or non-storefront retailer premises to a customer at a physical address. "Delivery" also includes the use by a storefront retailer or a non-storefront retailer of any technology platform to facilitate delivery.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between commercial cannabis businesses.
"Distributor" means a person engaged in distribution.
"DWP General Manager" means the General Manager of the Department of Water and Power for the City of Corona, or his/her designee.
"Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in California Food and Agricultural Code Division 15 (commencing with § 32501). An edible cannabis product is not considered food, as defined by § 109935 of the Health and Safety Code, or a drug, as defined by § 109925 of the Health and Safety Code.
"Fire code official" means the person designated by the Fire Chief pursuant to the California Fire Code and Chapter 15.12 of this code who is charged with the administration and enforcement of the fire code.
"Financial interest" has the same meaning as § 5004 of Division 42 of Title 16 of the California Code of Regulations, as presently adopted or further amended.
"Hazardous waste" means waste that meets the criteria described in California Public Resources Code § 40191, as presently adopted or further amended.
"Industrial hemp" means a crop that is limited to types of the plant Cannabis sativa L. having no more than 0.3% tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
"Labor peace agreement" means an agreement between a permittee and any bona fide labor organization that is required by state cannabis laws and this chapter and that, at a minimum, protects public interests with the following provisions: (1) a prohibition on labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a permittee's commercial cannabis business; (2) an agreement by the permittee not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the permittee's employees; access for a bona fide labor organization at reasonable times to areas in which the permittee's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
"Limited-access area" means an area in which cannabis and cannabis products are stored or held and is only accessible to a permittee and its employees and authorized persons.
"M-License" means a state license for commercial cannabis activity involving medicinal cannabis for individuals 18 years of age and over with a physician's recommendation.
"Manager" means any individual person(s) designated by a commercial cannabis business to manage day-to-day operations of the commercial cannabis business or any person acting with apparent management authority. Evidence of management authority includes, but is not limited to, evidence that the person has the power to direct, supervise, or hire and dismiss employees or volunteers, control hours of operation, create policy rules, or purchase supplies.
"Manufacture" or "manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
"Manufacturer" means a person engaged in manufacturing.
"Medicinal cannabis" means cannabis or a cannabis product for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation.
"Microbusiness" means a person engaged in manufacturing, distribution and the retail sale of cannabis on the same premises.
"Minor" means an individual under 18 years of age.
"Non-storefront retailer" means a person that offers cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale to customers exclusively by delivery.
"Non-storefront retail microbusiness" means a microbusiness that includes a non-storefront retailer as a component of the business.
"Officer" means any of the following:
(1) The chief executive officer of an entity engaged in a commercial cannabis business.
(2) A member of the board of directors of an entity engaged in a commercial cannabis business.
(3) A person participating in the direction or control of an applicant for a commercial cannabis permit or any owner of a commercial cannabis business within the city.
"Owner" means any of the following:
(1) A person with an aggregate ownership interest of 20% or more in the person applying for a license or licensee, unless the interest is solely a security, lien, or encumbrance.
(2) The chief executive officer of a nonprofit or other entity.
(3) An individual who will be participating in the direction, control, or management of the person applying for a license.
"Permittee" means any person who has been issued a commercial cannabis permit pursuant to this chapter.
"Permittee representative" means any owner, officer, manager or employee of a commercial cannabis business.
"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of persons acting as a unit.
"Police Chief" means the Chief of the Corona Police Department, or his/her designee.
"Premises" means the designated structure or structures and land, or portions thereof, specified in an application for a commercial cannabis permit or, if a commercial cannabis permit is issued, that is owned, leased, or otherwise held under the control of the permittee, and is designated as the structure or structures and land, or portions thereof, where the commercial cannabis business will be or is operated.
"Private parks" means privately owned outdoor premises, available for community use, containing recreational areas or playground equipment, including tot-lots, swings, or similar equipment, designed for use by minors. Where a private park is located within a parcel containing other uses, the private park premises shall be defined as the area within which all recreational areas or playground equipment designed for use by minors is contained.
"Public parks" means outdoor premises containing existing or proposed parks, including community parks, neighborhood parks, mini-parks, and urban parks that are currently or proposed to be owned or operated by the city or other governmental agency.
"Residential zone" means an A, A-14.4, R-1A, R-20.0, R-12.0, R-1-9.6, R-1.8.4, R-1-7.2, R-1-14.4, R-2, R-3, R-3-C, R-G or MP zone, a residential land use adopted by a specific plan, or an equivalent residential zone, in each case within which residential uses are allowed by right. The term "residential zone" does not include mixed-use zones established by a specific plan that permit residential uses.
"Retail area" means a building, room, or other area on the premises of a storefront retailer or storefront retail microbusiness that is open to the public and upon which the permittee is authorized to engage in the retail sale of cannabis or cannabis products.
"Retailer" means a person engaged in the retail sale of cannabis and/or cannabis products directly to a consumer. Retailer shall include storefront retailer and non-storefront retailer.
"Sell" and "sale" mean any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.
"State" means the State of California.
"State cannabis laws" means the laws of the State of California, as presently adopted or further amended, which include, but are not limited to, California Health and Safety Code § 11000 et seq.; California Health and Safety §§ 11362.1 through 11362.45; California Health and Safety Code § 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code § 11362.7 et seq. (Medical Marijuana Program); California Health and Safety Code § 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), as such laws may be amended from time to time; the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code § 147.5; California Revenue and Taxation Code §§ 31020 and 34010 through 34021.5; California Fish and Game Code § 12029; California Water Code § 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California, as presently adopted or further amended.
"State license" means a license issued by the State of California, or one (1) of its departments or divisions, under the state cannabis laws to engage in commercial cannabis activity.
"Storefront retail microbusiness" means a microbusiness that includes a storefront retailer as a component of the business.
"Storefront retailer" means a person that offers cannabis, cannabis products, or devices for the use thereof, either individually or in any combination, for retail sale to customers exclusively at premises providing access to the public.
"Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and
(2) Licensed by the state.
"Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by California Health and Safety Code § 109925.
"Track and trace system" means the program used statewide to record the inventory and movement of cannabis and cannabis products through the commercial cannabis supply chain — from seed to sale.
"Transfer" means to sell, transfer, pledge, assign, grant an option, or otherwise dispose of a commercial cannabis business or a commercial cannabis permit. The transfer, or attempted transfer, of all or any portion of a permitted commercial cannabis business shall constitute the transfer, or attempted transfer, of the underlying commercial cannabis permit.
"Transport" means transfer of cannabis or cannabis products from the premises of one commercial cannabis business to the premises of another commercial cannabis business, for the purposes of conducting commercial cannabis activity authorized by the state cannabis laws and this chapter.
"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, a game arcade (as defined in Section 17.04.268 of this Code) where minors are legally permitted to accept services, or similar amusement park facilities. Notwithstanding the foregoing, this definition shall not include any private gym, private athletic training facility, any private studio at which instruction is provided in gymnastics, martial arts, yoga, ballet, music, art, or similar recreational activities, or a location which is primarily utilized as an administrative office or administrative facility for youth programs or organizations.
(Ord. 3327 §§ 2, 3, 2021; Ord. 3321 § 3, 2020)
(A) Permitted types of commercial cannabis activities. To the extent expressly authorized in this chapter and Title 17 of this code, the following commercial cannabis activities are permitted in the City of Corona, subject to the satisfaction of all requirements set forth in this chapter, Title 17 of this code, the state cannabis laws, and all other applicable federal, state and local laws, rules and regulations:
(1) Storefront retailer.
(2) Non-storefront retailer.
(3) Manufacturing.
(4) Distribution.
(5) Testing laboratory.
(6) Microbusiness.
(B) Prohibited types of commercial cannabis activities. Notwithstanding anything herein to the contrary, cultivation, indoors or outdoors, is expressly prohibited. No commercial cannabis permit shall be approved or issued for the commercial cannabis activity of cultivation within the city and no person shall otherwise establish or conduct cannabis cultivation within the city.
(C) Industrial hemp prohibited. Nothing in this chapter shall be construed or interpreted to permit the commercial possession, furnishing, manufacture, cultivation, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of industrial hemp.
(Ord. 3321 § 3, 2020)
(A) Adoption.
(1) City Council. The City Council shall adopt, by resolution, rules and regulations for permitting commercial cannabis businesses.
(2) City Manager. In addition to any rules and regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this chapter and any such rules and regulations adopted by the City Council, any additional administrative rules, regulations, standards, policies or other requirements governing: (1) applications for commercial cannabis permits under this chapter; (2) the issuance, denial or renewal of commercial cannabis permits under this chapter; (3) the city's oversight of the ongoing operation of commercial cannabis businesses; and (4) any other subject determined to be necessary to carry out the purposes of this chapter.
(B) Publication. Rules, regulations, standards, policies and other requirements promulgated by the City Council or the City Manager shall be published on the city's website and maintained and available to the public in the office of the City Clerk.
(C) Effective date. Rules, regulations, standards, policies and other requirements promulgated by the City Council or the City Manager shall be effective not only for future permittees, but shall also apply to existing valid commercial cannabis permits. Such rules, regulations, standards, policies and other requirements shall become effective and enforceable upon the date of publication on the city's website or, with respect to existing valid commercial cannabis permits, upon the date specified in a written notice to the permittee.
(Ord. 3321 § 3, 2020))
(A) Permit required. No person shall establish or operate a commercial cannabis business or engage in commercial cannabis activity within the city unless such business or activity is currently in compliance with all applicable state and local laws, rules and regulations and that person has:
(1) A valid city business license to conduct such business or activity;
(2) A valid commercial cannabis permit issued by the city pursuant to this chapter to conduct such business or activity;
(3) A valid state license authorizing such business or activity in the city;
(4) A valid commercial cannabis operational agreement with the city to conduct such business or activity; and
(5) A valid certificate of occupancy issued by the city's building division to the applicant or permittee to conduct the commercial cannabis business or commercial cannabis activity at the premises identified in the commercial cannabis permit.
(B) Separate permits required. A separate commercial cannabis permit shall be required for each type of commercial cannabis business listed in § 5.36.060(A) whether conducted in or engaged on the same premises or on different premises.
(Ord. 3321 § 3, 2020)
(A) Maximum number. The maximum number of commercial cannabis permits for each type of commercial cannabis business that are available for issuance within the city shall be as follows:
(1) Storefront retailer and/or storefront retail microbusiness:
(a) The maximum shall be calculated using a formula of one storefront retailer and/or storefront retail microbusiness per 15,000 city residents, as determined by the California Department of Finance and set forth in the E-1 report, rounded-up to the next whole number, or as established by City Council resolution pursuant to § 5.36.060(E) ("Storefront Maximum Number"). As of the date of adoption of the ordinance establishing this section in 2020, the storefront maximum number is 12.
(b) Notwithstanding (a) above, when considering applicants for provisional approval, as described in the rules and regulations adopted pursuant to § 5.36.040(A)(1), if there is a tie in the merit based review score given to the two or more applicants that could receive the permit representing the storefront maximum number ("tied applicants"), then the storefront maximum number shall be increased to accommodate all such tied applicants. For example, since the current storefront maximum number is 12, if there is a tie between two applicants who could both receive the 12th provisional approval, then those two applicants shall both be considered for provisional approval. If there is a tie between 3 applicants who could both receive the 12th provisional approval, then those three applicants shall be considered for provisional approval. All applicants that receive provisional approval shall have the opportunity to obtain final approval.
(c) Notwithstanding (b) above, in no event shall applicants with a merit-based review score lower than tied applicants be considered for provisional approval, unless the total number of applicants granted provisional and/or final approval drops below the storefront maximum number. Accordingly, in the event any of the applicants who are granted provisional approval are denied final approval or otherwise fail to obtain final approval for any reason, or in the event that any applicant granted final approval has its permit revoked or forfeited for any reason, as further provided in Chapter 5.36 or the rules and regulations adopted pursuant to § 5.36.040(A)(l), the storefront maximum number shall not be increased to accommodate any applicants who are not tied applicants.
(2) Non-storefront retailer: No numerical limit.
(3) Manufacturer: No numerical limit.
(4) Distribution: No numerical limit.
(5) Testing laboratory: No numerical limit.
(6) Non-storefront retail microbusiness: No numerical limit.
(B) No other commercial cannabis businesses permitted. A commercial cannabis permit shall not be issued for any type of business involving a commercial cannabis activity other than those identified in subsection (A) above.
(C) Multiple retail locations prohibited. A retail commercial cannabis business shall not be permitted to operate at multiple locations in the city. A commercial cannabis permit shall not be issued for a retail commercial cannabis business to any person who is the owner of, or has a financial interest in, another retail commercial cannabis business that is operating in the city or that has obtained a commercial cannabis permit to operate a retail commercial cannabis business in the city. Notwithstanding the foregoing, if the maximum number of commercial cannabis permits authorized by subsection (A) above have not been issued by January 1, 2023, this subsection's prohibition on permitting any person who is the owner of, or has a financial interest in, a retail commercial cannabis business from obtaining a commercial cannabis permit for another retail commercial cannabis business within the city shall no longer apply.
(D) Increase or decrease of maximum number. The City Council reserves the right at any time to consider whether the city should increase or decrease the maximum number of commercial cannabis permits available for issuance within the city for any or all types of commercial cannabis activities, or to impose a cap on previously uncapped commercial cannabis activities. If the City Council proceeds with a decrease in the total number of commercial cannabis permits for any or all types of commercial cannabis activities within the city, any such action shall include provisions for determining which, if any, existing commercial cannabis permits shall be eliminated and when operations for eliminated commercial cannabis permits shall cease.
(E) Resolution required. The City Council shall increase or decrease the maximum number of commercial cannabis permits available for issuance for any or all commercial cannabis activities by resolution.
(Ord. 3351 § 2, 2022; Ord. 3350 § 3, 2022; Ord. 3321 § 3, 2020)
(A) Storefront retailers and storefront retail microbusinesses. No storefront retailer or storefront retail microbusiness shall be located within a 1,000 foot radius, measured from the public entrance of the retailer, of the exterior boundary of a property containing any of the following that are in existence at the time the initial commercial cannabis permit for the storefront retailer or storefront retail microbusiness is issued:
(1) Public or private school providing instruction in kindergarten or any of grades 1 to 12;
(2) Day care center;
(3) Public or private park located within the city's jurisdictional boundaries; or
(4) Residential zone located within the city's jurisdictional boundaries.
(B) Manufacturers, distributors, testing laboratories, non-storefront retailers and non- storefront retail microbusiness. No manufacturer, distributor, testing laboratory, non-storefront retailer or non-storefront retail microbusiness shall be located within a 600-foot radius, measured from the primary entrance of such commercial cannabis business, of the exterior boundary of a property containing any of the following that are in existence at the time the initial commercial cannabis permit for the manufacturer, distributor, testing laboratory, non-storefront retailer or non-storefront retail microbusiness is issued:
(1) Public or private school providing instruction in kindergarten or any of grades 1 to 12;
(2) Day care center;
(3) Public or private park located within the city's jurisdictional boundaries; or
(4) Residential zone located within the city's jurisdictional boundaries.
(C) All commercial cannabis businesses. No commercial cannabis business shall be located within a 600-foot radius, measured from the public entrance of the commercial cannabis business, of the exterior boundary of a property containing the following that is in existence at the time the initial commercial cannabis permit for the commercial cannabis business is issued:
(1) Youth center.
(D) Freeway excluded. For purposes of measuring the distance between commercial cannabis businesses and the uses described in subsections (A), (B) and (C) above, the measurement shall stop at, and shall not include, State Route 91 and Interstate 15, as applicable, provided that the distance between the commercial cannabis business and the uses described in subsections (A), (B) and (C) above comply with the requirements of the state cannabis laws. Currently, the state cannabis laws prohibit a commercial cannabis business from being located within a 600-foot radius of the uses identified in subsections (A)(1), and (A)(2) and (B)(1) and (B)(2) above.
(Ord. 3327 § 4, 2021; Ord. 3321 § 3, 2020)
(A) Adoption.
(1) City Council. Within the rules and regulations for permitting commercial cannabis businesses provided for in § 5.36.040, the City Council shall include procedures to govern the application process and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis permit(s). For purposes of applications for storefront retailers and storefront retail microbusinesses, such procedures shall include detailed objective review criteria and a point system or equivalent evaluation scale tied to each set of review criteria.
(2) City Manager. As provided for in § 5.36.040, the City Manager shall be authorized to take any of the following actions, so long as they are consistent with the terms of this chapter and any rules and regulations adopted by the City Council: (a) prepare any necessary forms; (b) adopt any necessary rules, regulations, standards, policies and other requirements regarding applications; (c) solicit applications; (d) oversee the evaluation of the applicants; and (e) adopt any other rules, regulations, standards, policies and other requirements determined to be necessary to carry out the purposes of this chapter or any rules and regulations adopted by the City Council.
(B) Payment of application fee. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council.
(C) Rejection of applications. Applications may be rejected due to untimely submission, failure to provide the required information or documentation, not being fully responsive to the requirements of the application process or the inclusion of any false, misleading or fraudulent statement in or the omission of any pertinent fact from the application or during the application process.
(Ord. 3321 § 3, 2020)
(A) Grounds for denial. An application for a commercial cannabis permit shall be denied if one or more of the following conditions exist:
(1) The applicant has not paid all fees required pursuant to this chapter.
(2) The application is incomplete, filed late, or is otherwise not responsive to the requirements of this chapter.
(3) The application contains a false or misleading statement or omission of a material fact.
(4) The applicant or any owner, officer or manager is not at least 21 years old.
(5) The applicant or any owner, officer or manager has unpaid and overdue administrative penalties imposed for violations of the Corona Municipal Code.
(6) The applicant or any owner, officer or manager has an unpaid civil judgment imposed for violation(s) of the Corona Municipal Code.
(7) The applicant or any owner, officer or manager has been convicted of any of the following charges:
(a) Any felony offense within the past ten years;
(b) A crime involving use of money to engage in criminal activity within the past ten years;
(c) Unlawful possession or use of a firearm within the past ten years; or
(d) Drug-related misdemeanor (other than cannabis) within the past three years.
(8) The applicant or any owner, officer or manager is on probation or parole for the sale of drugs (other than cannabis).
(9) The premises or the operation of the applicant's commercial cannabis business, as described in its application, would fail to comply with any provision of the Corona Municipal Code, or any state law or regulation.
(Ord. 3321 § 3, 2020)
(A) No physical modifications without approval. No permittee shall, without the prior written approval of the city, make a physical change, alteration, or modification to the premises that materially or substantially alters the premises or the use of the premises from the premises diagram and floorplan originally filed with the application for a commercial cannabis permit.
(B) Request for premises modification. A permittee who proposes to materially or substantially change, alter or modify the premises shall submit a request for premises modification to the city on a form issued or approved by the City Manager. The request for premises modification shall include a new premises diagram and floorplan that depicts the proposed changes, alterations or modifications to the premises and any other documentation requested by the city to evaluate the permittee's request. At the time of filing the request for premises modification, the permittee shall pay a fee in an amount established by resolution of the City Council.
(C) Material or substantial modifications. For purposes of this section, the following changes, alterations, or modifications to the premises shall be considered material or substantial:
(1) The removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway, or passage alters or changes limited-access areas within the premises;
(2) The removal, creation, or relocation of a wall or barrier;
(3) Changing the activities conducted in or the use of an area identified in the last premises diagram provided to and approved by the city; or
(4) Changes or alterations that violate any applicable provision of this code, the California Building Code or the California Fire Code.
(D) Building permits. Notwithstanding anything in this chapter to the contrary, a physical change, alteration, or modification to the premises shall be subject to all other requirements of this code, including, but not limited to the building permit requirements.
(Ord. 3321 § 3, 2020)
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