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(A) Cannabis use on premises prohibited. No person shall consume cannabis and/or cannabis products on the premises of a commercial cannabis business. The permittee shall take reasonable steps to prevent the use and consumption of cannabis or cannabis products on the premises, which, at a minimum, shall include posting, in one or more clearly visible locations on the premises, a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis or cannabis products on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
(B) No alcohol or tobacco on premises. No person shall cause or license the sale, dispensing, or consumption of alcoholic beverages or tobacco products on the premises of a commercial cannabis business.
(C) No visible cannabis. No cannabis or cannabis products shall be visible from the exterior of any premises issued a commercial cannabis permit, or on any of the vehicles owned or used as part of a commercial cannabis business.
(D) No outdoor storage or operations. Outdoor storage of cannabis or cannabis products is prohibited. All operations of the commercial cannabis business shall be performed within an enclosed building. Special events or temporary uses that would involve outdoor sales or display of cannabis or cannabis products are prohibited. Notwithstanding the foregoing, goods and materials used in the manufacturing, distribution or testing of cannabis or cannabis products, other than cannabis or cannabis products, may be stored outdoors at the rear of the premises of a manufacturer, distributor or testing laboratory provided that such goods and materials are properly secured behind fencing that provides adequate screening of such goods and materials from public rights-of-way and otherwise stored in compliance with the provisions of § 17.44.090 of this code.
(E) Track and trace requirements. Commercial cannabis businesses shall create and maintain an active account within the state's track and trace system, as required by the state cannabis laws, prior to commencing any commercial cannabis activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within 24 hours of the system being available.
(F) Compliance with all laws. All cannabis and cannabis products sold, tested, distributed or manufactured within the city shall be cultivated, manufactured, and transported only by persons who maintain full conformance with the state cannabis laws, and all other state regulations and local laws, rules and regulations. Except as otherwise specifically provided herein, this chapter incorporates all requirements and procedures set forth in the state cannabis laws. In the event of a conflict between the provisions of this chapter and the provisions of the state cannabis laws or any other applicable state or local law, the more restrictive provision shall apply. To the extent allowed by the state cannabis laws, the city shall have the right, but not the obligation, to enforce all applicable state cannabis laws
(G) Manager on premises. All commercial cannabis businesses shall have a manager on the premises at all times during hours of operation.
(H) Emergency contact. Each commercial cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site manager or owner to whom emergency notice may be provided at any hour of any day.
(I) Age restriction. Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business unless that business holds a valid M-License. Persons under the age of 21 years shall not be allowed to serve as a driver for a retailer. It shall be unlawful and a violation of this chapter for any person to employ an individual or otherwise allow an individual to volunteer at a commercial cannabis business who is not at least 21 years of age.
(J) Odor control. Each commercial cannabis business premises shall be designed and constructed to ensure that all odors generated by the business are contained on the premises. The premises should be designed so that demising walls are full height and extend to the bottom of the roof deck and joints are sealed unless the permittee can demonstrate to the satisfaction of the Building Official that the odor control system required by this subsection will adequately prevent odor migration into adjacent units or suites. Each commercial cannabis business shall have installed on the premises an odor control system prepared by a registered design professional specializing in such systems that is designed in accordance with the California Mechanical Code. At a minimum, the odor control system shall:
(1) Include makeup and process air for odor control, comfort and proper working conditions for employees of the commercial cannabis business, and to replenish exhausted air;
(2) Be designed to prevent cannabis odors from being detected outside of the premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common areas that are available for use by common tenants or the visiting public, or within other units or spaces attached to the same building;
(3) Be designed so as not to create a violation of other codes or interfere with other fire and life safety systems and devices, including, without limitation, systems for smoke and fire detection or suppression;
(4) Include a description of the maintenance to occur on the odor control system for optimum performance; and
(5) Include an air balance report and odor control certification prepared by the registered design professional that designed the system to be submitted to the Building Division for review and approval prior to issuance of a certificate of occupancy for the commercial cannabis business.
(K) Display of commercial cannabis permit and city business license. A copy of the state license, the commercial cannabis permit and the city business license issued to a commercial cannabis business shall be posted inside the premises of the commercial cannabis business in a location readily visible to the public and/or city personnel.
(L) Employee identification. Each and every employee of a permittee must, at all times when present on the premises of a commercial cannabis business or while conducting a delivery, wear an identification badge issued by the Corona Police Department containing the employee's photograph, age, the name of the permittee or commercial cannabis business for whom they are employed, and, if the employee is a manager, the employee's job title.
(M) Delaying or lingering prohibited. The permittee shall take reasonable steps to prevent individuals from delaying or lingering on the premises without a lawful purpose.
(N) Licenses and other approvals. Throughout the term of a commercial cannabis permit, the permittee shall maintain all applicable planning, zoning, building, fire and other applicable licenses, permits, and approvals from the relevant city department or division that may be applicable to the zoning district in which the commercial cannabis business is located, including, but not limited to, the requirements provided for in subsection (O) below.
(O) City zoning requirements. A commercial cannabis business shall be permitted to operate only in the zoning districts in which such use is expressly permitted by Title 17 of this code.
(P) Fees and charges.
(1) No person may operate a commercial cannabis business without timely paying in full all fees and charges required by this code or any other applicable state or local law, rule or regulation.
(2) Permittees authorized to operate a commercial cannabis business under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law or under the commercial cannabis operational agreement for the commercial cannabis business. Each commercial cannabis business shall cooperate with city with respect to any reasonable request to audit the commercial cannabis business's books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.
(Q) Training requirements. City reserves the right to impose training requirements on permittees, any permittee representative, and others involved in the operation of a commercial cannabis business, with the specific requirements to be determined and implemented through regulations adopted pursuant to § 5.36.040.
(R) Temporary cannabis events prohibited. Temporary cannabis events, as described in Chapter 5 of Division 42 of Title 16 of the California Code of Regulations as presently adopted or further amended, are prohibited in the city at all times.
(S) Signage. Signs for commercial cannabis businesses shall maintain compliance with Chapter 17.74 of this code.
(T) Live scan/background check. Every person listed as an owner, officer, manager, employee or volunteer of a commercial cannabis business shall submit fingerprints and other information deemed necessary by the Police Chief for a live scan/background check by the Corona Police Department prior to the issuance of a commercial cannabis permit or renewal of a commercial cannabis permit. No person shall be permitted to operate or work in a commercial cannabis business unless they have first cleared the live scan/background check, as determined by the Police Chief. A fee for the cost of the live scan/background check, as established by resolution of the City Council, shall be paid at the time the application for a commercial cannabis business permit is submitted no later than the time the fingerprints are submitted.
(U) Security systems.
(1) Video surveillance system. Each commercial cannabis business shall have a video surveillance system that complies with the requirements of § 5044 of Title 16 of the California Code of Regulations, as presently adopted or further amended, professionally installed and maintained on the premises. The video surveillance system shall be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the premises. The video surveillance system storage device and cameras shall be compatible with the city's software and hardware and shall be transmission control protocol/TCP capable of being accessed through the internet by the Corona Police Department upon request. In addition, the video surveillance system must be capable of providing remote and real-time, live access to the video surveillance footage if required by the Corona Police Department. Permittee shall maintain video surveillance recordings for a minimum of 90 days and shall make them available to the city for inspection or copy upon request.
(2) Alarm system. Each commercial cannabis business shall have a silent alarm system that complies with the requirements of § 5047 of Title 16 of the California Code of Regulations, as presently adopted or further amended, professionally installed and maintained on the premises.
(3) Monitoring. The video surveillance and alarm systems required by this subsection shall be monitored by an approved supervising station, which shall be a UL-listed central station alarm monitoring company, as required by the California Fire Code.
(4) Security plan. Each commercial cannabis business shall comply with all requirements of the security plan submitted with the application for a commercial cannabis permit for review and approval by the Police Chief.
(5) Live video and audio feed. The video surveillance and alarm systems installed on the premises shall be capable of allowing the alarm monitoring company to view and hear live video of the premises upon activation of the alarm that can be relayed to the Corona Police Department.
(6) Compliance with Chapter 15.52. In addition to the requirements provided for in this subsection (U), each commercial cannabis business shall maintain compliance with all requirements set forth in Chapter 15.52 of this code.
(V) Labor peace agreement. The permittee or owner of each commercial cannabis business shall enter into a labor peace agreement, regardless of the number of employees, and shall abide by the terms of such agreement.
(W) Security measures. Each permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the premises of the commercial cannabis business.
(X) Power outages. Each commercial cannabis business shall have the capability to remain secure during a power outage and each permittee shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks remain engaged and are not released during a power outage. Required exit doors shall be manually operable during a power outage to ensure safe egress as required by the California Building and Fire Codes.
(Y) No liability for city. As a condition of approval of a commercial cannabis permit, an applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis permit:
(1) Execute an agreement, in a form approved by the City Attorney, agreeing, to the fullest extent permitted by law, to defend (with counsel of city's choosing), indemnify and hold the city, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to the city's issuance of the commercial cannabis permit, the process used by the city in making its decision to issue a commercial cannabis permit or approve the operation of the commercial cannabis business, the operation of the commercial cannabis business or the prosecution of the applicant, permittee, or any permittee representative for violation of federal law or the state cannabis laws, including without limitation the payment of all settlement amounts, expert witness fees and attorney's fees and other related costs and expenses;
(2) Maintain insurance in the amounts and types that are acceptable to the City Council or City Attorney;
(3) Name the city as an additional insured on all required insurance policies;
(4) Agree to reimburse the city for any legal fees and court costs that the city may be required to pay as a result of any legal challenge related to the city's approval or issuance of a commercial cannabis permit or the operation of the commercial cannabis business. The city may, at its sole discretion, participate, at its own expense, in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
(Z) Cannabis waste. No cannabis product shall be disposed of in its packaging. The permittee shall ensure that the cannabis is removed or separated from any packaging or container and that the cannabis is rendered unrecognizable and unusable prior to disposal.
(AA) Parking requirement. Chapter 17.76 shall apply to commercial cannabis businesses permitted by this chapter except that the number of required off-street parking spaces shall be 1 space/500 square feet of building area.
(BB) Violations of law not authorized. Nothing in this chapter shall be construed as authorizing or condoning any actions that violate federal, state or local law with respect to the operation of a commercial cannabis business.
(CC) Permittee responsible for compliance. It shall be the responsibility of the permittee, and the permittee representatives of a commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with this chapter, the state cannabis laws, as well as all applicable federal, state, and local laws and regulations, including any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a state license or a commercial cannabis permit.
(DD) Permittee responsible for actions of employees. The permittee shall be responsible for all violations of any applicable federal, state, and local laws and regulations committed by the permittee or any permittee representative, whether or not said violations occur within the permittee's presence. Violations by a permittee or any permittee representative may result in suspension, revocation or nonrenewal of the commercial cannabis permit.
(EE) Additional operating requirements. The City Manager may adopt other operating requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. Each commercial cannabis business shall comply with such additional operating requirements or regulations.
(Ord. 3321 § 3, 2020)
(A) Hours of operation. The hours of operation for retailers and the retail area of storefront retail microbusinesses shall be 6:00 a.m. to 10:00 p.m. or as otherwise allowed by the state cannabis laws. The hours of operation shall be conspicuously posted near the public entrance of a storefront retailer.
(B) Age restriction signs. A storefront retailer or storefront retail microbusiness with an A-License shall conspicuously post and maintain a clear and legible sign, not less than eight inches by ten inches in size, at or near the public entrance of the storefront retailer or the retail area of the storefront retail microbusiness that states substantially as follows: "No persons under 21 years of age allowed inside these premises." A storefront retailer or storefront retail microbusiness with a M-License shall conspicuously post and maintain a clear and legible sign, not less than eight inches by ten inches in size, at or near the public entrance of the storefront retailer or the retail area of the storefront retail microbusiness that states substantially as follows: "No persons under 21 years of age allowed inside these premises, except persons who are at least 18 years of age are allowed with a current qualifying physician's recommendation for medicinal cannabis."
(C) Video surveillance signs. Storefront retailers and storefront retail microbusinesses shall conspicuously post and maintain a clear and legible sign, not less than 12 inches by 12 inches in size with letters not less than one inch in height, at or near the public entrance of the storefront retailer or the retail area of the storefront retail microbusiness that states substantially as follows: "All activities monitored by video camera."
(D) Doors to remain unobstructed during hours of operation. No door or access point within the premises of a storefront retailer or within the retail area of a storefront retail microbusiness shall be blocked or obstructed by interior or exterior security gates, grilles or shutters during the hours of operation for the commercial cannabis business. Interior security gates, grilles or shutters are permitted during non-operational hours only on the front main entrance to the premises.
(E) No permanent window bars. Permanent security or safety bars are prohibited and shall not be placed on any interior or exterior windows or doors on the premises of a storefront retailer or the retail area of a storefront retail microbusiness.
(F) Security guards. Storefront retailers and storefront retail microbusinesses shall hire or contract for on-site security services for the premises of the storefront retailer and for the retail area of the storefront retail microbusiness during the hours of operation pursuant to the requirements of the state cannabis laws. Additionally, each storefront retailer and storefront retail microbusiness shall hire or contract for at least one armed security guard during the hours of operation of the storefront retailer and the retail area of the storefront retail microbusiness.
(G) Panic buttons. Panic buttons that transmit a silent alarm to the alarm monitoring company referenced in § 5.36.170(U)(2) of this code shall be installed and maintained on the premises of a storefront retailer and the retail area of the storefront retail microbusiness behind the retail counter and any other locations on the premises where sales transactions take place.
(H) Exterior lighting. All off-street parking areas, paths of travel and building entrances to the premises of a storefront retailer and the retail area of the storefront retail microbusiness shall be illuminated during all hours of darkness with a lighting system that is directed downward and is designed to provide an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkway. The lighting shall be shown on the required diagram of the premises and shall be subject to review by the Police Chief during the commercial cannabis permit application process.
(I) Window coverings. No more than 25% of the windows of a storefront retailer or the retail area of storefront retail microbusiness shall be opaque or covered with opaque materials.
(J) View from public right-of-way. From a public right-of-way, there should be no exterior evidence that the premises are used as a non-storefront retailer except for any signage authorized by this chapter.
(K) No access by general public. The general public shall not be permitted to enter the premises of a non-storefront retailer.
(Ord. 3321 § 3, 2020)
(A) View from public right-of-way. From a public right-of-way, there should be no exterior evidence that the premises are used for manufacturing, distribution or as a testing laboratory except for any signage authorized by this chapter.
(B) No access by general public. The general public shall not be permitted to enter the premises of a manufacturer, distributor or testing laboratory.
(C) Systems and equipment. All systems and equipment used in manufacturing and testing laboratories shall be UL-listed and approved for the specific intended use of the permittee. Permittees that desire to install or use systems or equipment that are not UL-listed shall be required to submit a technical report prepared by a registered design professional for review and approval by the Building Official and the Fire Code Official prior to installation or use of such systems or equipment. Electrical equipment shall be listed and labeled by a Nationally Recognized Testing Laboratory approved by the Building Official.
(D) Hazardous materials plans. At the time of submittal of improvement plans for premises that will be used for manufacturing, distribution or as a testing laboratory, the applicant shall prepare and submit electronically, for review and approval by the Fire Code Official, a hazardous material inventory statement and a hazardous material management plan as required by Chapter 6.5 of Division 20 of the California Health & Safety Code and Chapter 8.40 of this code.
(E) Hazardous waste. The permittee for a commercial cannabis permit issued for manufacturing, distribution or testing laboratory shall ensure that any hazardous waste used, possessed, generated or stored on the premises as part of the commercial cannabis business is properly categorized, segregated, stored and disposed of in compliance with the state cannabis laws and all applicable state and local laws. The disposal of hazardous waste is under the direction and oversight of the Riverside County Environmental Health Hazardous Materials Branch.
(F) Backflow preventer. If required by the DWP General Manager as a condition of approval for a commercial cannabis permit issued for manufacturing, distribution or testing laboratory, the permittee shall ensure that a backflow preventer is installed and maintained on the premises to the satisfaction of the DWP General Manager.
(G) Wastewater pre-treatment requirements. If required by the DWP General Manager as a condition of approval for a commercial cannabis permit issued for manufacturing, distribution or testing laboratory, the permittee shall ensure that the commercial cannabis business complies with all wastewater pre-treatment requirements set forth in Chapter 13.08 of this code and any other applicable federal, state or local law, rule or regulation.
(H) Electric load study. If required by the DWP General Manager as a condition of approval for a commercial cannabis permit issued for manufacturing, distribution or testing laboratory that is located in the electric service area of the Department of Water and Power for the City of Corona, the permittee shall prepare and, at the time of submittal of improvement plans for the premises, submit for review and approval by the DWP General Manager a power load study for the commercial cannabis business.
(Ord. 3321 § 3, 2020)
(A) Maintenance of books and records. Each permittee shall maintain accurate books and records in an electronic format, detailing all of the revenues, expenses, assets and liabilities of the commercial cannabis business. On no less than an annual basis, at or before the time of the renewal of a commercial cannabis permit issued pursuant to this chapter, or at any time upon reasonable request of the city, each permittee shall submit to the city, in a form approved by the City Manager, a statement, sworn as to accuracy, detailing their commercial cannabis business's revenue and number of sales during the previous 12-month period, or shorter period based upon the timing of the request, provided on a per-month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid.
(B) Annual financial audit. On an annual basis, each permittee shall submit to the City Manager a financial audit of the commercial cannabis business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager.
(C) Maintenance of ownership list. Each permittee shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding a financial interest in the commercial cannabis business, and separately of all the owners, officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this subsection shall be provided to the City Manager promptly upon request.
(D) Retention of records. All records collected by a permittee pursuant to this chapter shall be maintained for a minimum of seven years and shall be made available by the permittee to the agents or employees of the city upon request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order.
(E) Inventory control records. All permittees shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing, production, manufacturing, laboratory testing, and distribution processes until purchase as set forth under the state cannabis laws.
(F) City access to books and records. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each permittee shall allow city officials, employees, and their designees who are authorized to enforce the provisions of this code to have access to each commercial cannabis business's books, records, accounts, together with any other data or documents relevant to its commercial cannabis activities, for the purpose of conducting an audit or examination. Each permittee shall produce books, records, accounts, and any and all relevant data or documents no later than 24 hours after receipt of the city's request, unless otherwise stipulated by the city. The city may require the materials to be submitted in an electronic format that is compatible with the city's software and hardware.
(Ord. 3321 § 3, 2020)
(A) City access to premises. City officials, employees, and their designees authorized to enforce the provisions of this code shall have full access to the premises and records of every commercial cannabis business in order to:
(1) Inspect the premises for compliance with this code, the California Building Code, the California Fire Code and the state cannabis laws.
(2) Test any systems or equipment possessed by, in control of, or used by a permittee, any permittee representative, or any other agent or volunteer of a permittee.
(3) Test any cannabis or cannabis product possessed by, in control of, or used by a permittee, any permittee representative, or any other agent or volunteer of a permittee.
(4) Copy any materials, books, or records of any permittee, any permittee representative or any other agent or volunteer of a permittee.
(B) Obstruction prohibited. It is unlawful for any permittee, permittee representative or any other agent or volunteer of a permittee 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. Failure by any permittee, representative or any other agent or volunteer of a permittee to cooperate and participate in any inspection or investigation conducted under this section shall itself be a violation of this chapter.
(C) Purpose for access. City officials, employees, and their designees authorized to enforce the provisions of this code shall have rights of access under subsection (A) of this section during any inspection, investigation, review, audit, or as otherwise allowed by law.
(D) Notice not required. Prior notice of an inspection, investigation, review, or audit is not required.
(E) Time of inspection. Any inspection, investigation, review, or audit of a premises shall be conducted anytime the permittee is exercising privileges under a commercial cannabis permit issued pursuant to this chapter or as otherwise agreed to by the city and permittee.
(F) No deprivation of constitutional rights. This subsection shall not be construed to deprive a permittee, permittee representative or any other agent or volunteer of a permittee, of any privileges guaranteed by the Constitutions of the United States and/or the State of California, or any other statutory privileges.
(Ord. 3321 § 3, 2020)
To the fullest extent permitted by law, the city shall not incur or assume any direct or indirect liability to any applicant, permittee, permittee representative, government agency or other third party as a result of its review of applications for commercial cannabis permits or its approval or issuance of commercial cannabis permits pursuant to this chapter. As a condition of any application submittal or issuance of a commercial cannabis permit, the applicant, permittee or permittee representative, as applicable shall defend (with counsel of city's choosing), indemnify and hold the city, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to the city's issuance of the commercial cannabis permit, the process used by the city in making its decision to issue a commercial cannabis permit or approve the operation of the commercial cannabis business, the operation of the commercial cannabis business or the prosecution of the applicant, permittee, or any permittee representative for violation of federal law or the state cannabis laws, including without limitation the payment of all settlement amounts, expert witness fees and attorney's fees and other related costs and expenses.
(Ord. 3321 § 3, 2020)
(A) No person may commence operation of or continue to operate any commercial cannabis business or engage in 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. Fees and charges associated with the operation of a commercial cannabis business shall be established by resolution of the City Council, which may be amended from time to time. All fees required under this chapter are nonrefundable unless otherwise specified.
(B) All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes including those that may be adopted by the city, and all license, registration, and other fees required under federal, state and local law, including those that may be required in the commercial cannabis operational agreement.
(Ord. 3321 § 3, 2020)
(A) Violations. It is unlawful to:
(1) Own, operate, set up, conduct, maintain, facilitate, or direct a commercial cannabis business or a commercial cannabis activity in the city without a valid commercial cannabis permit authorizing such commercial cannabis business or a commercial cannabis activity;
(2) Participate as an employee, contractor, agent, volunteer, or in any other capacity in a commercial cannabis business or a commercial cannabis activity in the city that is operating without a valid commercial cannabis permit;
(3) Use any parcel or any portion of parcel of land for a commercial cannabis business or a commercial cannabis activity without a valid commercial cannabis permit;
(4) Lease, rent to, or otherwise allow a commercial cannabis business or a commercial cannabis activity to occupy or access any parcel or portion of parcel of land in the city without a valid commercial cannabis permit.
(B) Penalties. It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements, of this chapter or any rule, policy or regulation adopted hereunder or any term or condition imposed on a commercial cannabis permit. Violations of any of the provisions or failing to comply with any of the mandatory requirements of this chapter, any rule, policy or regulation adopted hereunder, or any term or condition imposed on the commercial cannabis permit may be enforced pursuant to the provisions of Chapter 1.08 of this code. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.
(C) Public nuisance. Any condition caused or allowed to exist in violation of any of the provisions of this chapter, any rule, policy or regulation adopted hereunder or any term or condition imposed on a commercial cannabis permit is a public nuisance and may be abated by the city, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The city, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $10,000 per violation per day.
(D) Aiding and abetting. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission.
(E) Remedies cumulative. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for a violation of this code.
(F) City's police power not limited. Nothing in this section shall be construed as requiring the city to allow, permit, license, authorize, or otherwise regulate commercial cannabis activity, or as abridging the city's police power with respect to enforcement regarding commercial cannabis activity.
(G) State law. Violations of this chapter may be enforced by any applicable law; provided, however, that a person who is in full compliance with the Compassionate Use Act (California Health & Safety Code § 11362.5) ("CUA"), the Medical Marijuana Program Act (California Health & Safety Code § 11362.7 et seq.) ("MMPA"), Adult Use of Marijuana Act (Proposition 64) ("AUMA"), and Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94) ("MAUCRSA") shall not be subject to criminal penalties and nothing in this chapter is intended, nor shall it be construed, to conflict with or burden any defense to criminal prosecution under the CUA, the MMPA, the AUMA or the MAUCRSA.
(Ord. 3321 § 3, 2020)