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A. No person may commence or continue any commercial cannabis activity in the City, without timely paying in full all fees required for the operation of a commercial cannabis business. Fees 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.
B. All commercial cannabis businesses authorized to operate 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. Each commercial cannabis business shall cooperate with the 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 taxes required to be paid during any period.
C. The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City of Culver City that is recoverable in any manner authorized by this Code, state law, or in any court of competent jurisdiction.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards related to the issuance, denial or renewal of Commercial Cannabis Business Permits, the ongoing operation and City's oversight of commercial cannabis businesses, or any other subject determined to be necessary to carry out the purposes of this Chapter.
B. Regulations promulgated by 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. Regulations promulgated by the City Manager shall become effective upon date of publication on the City's website. 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. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
OPERATING REQUIREMENTS
A. Commercial cannabis businesses may operate only during the hours established by resolution of the City Council and specified in the Commercial Cannabis Business Permit issued by the City.
B. Cannabis shall not be consumed by anyone on the Premises of any commercial cannabis business.
C. No outdoor storage of cannabis or cannabis products is permitted at any time.
D. Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The system must have the capability to produce historical transactional data for review. Any system selected must be in compliance with state law.
E. All cannabis and cannabis products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with State and local regulations.
F. No physician shall be permitted in any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card.
G. All commercial cannabis retailers shall have a manager on the premises at all times during hours of operation.
H. Each commercial cannabis business shall provide the City Manager with the name and telephone number (both land line and mobile, if available) of a manager or owner to whom emergency notice may be provided twenty-four (24) hours a day.
I. Business identification signage for a commercial cannabis business shall conform to the requirements of state law and this Code, including, but not limited to, the requirements for a City sign permit.
J. Each commercial cannabis business premises shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
K. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business, and shall not be allowed to serve as a driver for a mobile delivery service. Notwithstanding the foregoing, persons at least eighteen (18) years old with a physician's recommendation are permitted on the premises of a storefront retailer selling medicinal cannabis and medicinal cannabis products. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.
L. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the Community Development Director determines is a more effective method or technology, or that has been approved by the County of Los Angeles Department of Public Health:
1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
2. An air system that creates negative air pressure between the commercial cannabis business' interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
M. The original copy of the Commercial Cannabis Business Permit issued by the City pursuant to this Chapter and the City-issued business tax certificate shall be posted inside the commercial cannabis business in a location readily-visible to the public.
N. The permittee of a commercial cannabis business shall prohibit loitering by persons outside on the premises.
O. Nothing in this Chapter exempts a commercial cannabis business from complying with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.
P. No commercial cannabis business may discriminate or exclude patrons in violation of local, state and federal laws and regulations.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
Commercial cannabis storefront retailers shall comply with all of the following requirements:
A. Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the storefront retailer shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient.
B. Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in § 11.17.210 of this Chapter.
C. Storefront retailers selling medicinal cannabis shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years and that the potential customer has a valid doctor's recommendation. Adult use retailers shall verify the age of all customers to ensure persons under the age of twenty-one (21) are not on the premises.
D. All restroom facilities shall remain locked and under the control of management.
E. A storefront retailer may sell, give away, or donate specific devices, contrivances, instruments, or paraphernalia necessary for consuming cannabis or cannabis products, including but not limited to rolling papers and related tools, pipes, water pipes, and vaporizers. The equipment may only be provided to qualified patients, primary caregivers, or customers in accordance with § 11364.5 of the California Health and Safety Code.
F. A storefront retailer shall notify qualified patients, primary caregivers, and customers of the following verbally (or by written agreement) and by posting of a notice or notices conspicuously within the permitted premises:
1. "The sale or diversion of cannabis or cannabis products without a permit issued by the City of Culver City is a violation of State law and the Culver City Municipal Code."
2. "Secondary sale, barter, or distribution of cannabis or cannabis products purchased from [Insert Name of Permittee] is a crime and can lead to arrest."
3. "Patrons must immediately leave the premises and not consume cannabis or cannabis products until at home or in an equivalent private location."
4. "The use of cannabis or cannabis products may impair a Person's ability to drive a motor vehicle or operate heavy machinery."
5. "CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis-derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer."
G. During business hours, shipments of cannabis or cannabis products shall not enter the premises through an entrance that is available to the public.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
Commercial cannabis delivery-only retailers shall comply with all of the following requirements:
A. From a public right-of-way, there shall be no exterior evidence of commercial cannabis activity except for any signage authorized by this Code.
B. The general public is not permitted on the premises. Only owners, managers, employees, agents and volunteers of the delivery-only permittee and agents or employees of the City of Culver City, the County of Los Angeles or the state are permitted to be on-site.
C. Delivery-only retailers may only deliver cannabis or cannabis products to customers within a city or county that does not expressly prohibit such delivery by ordinance. Deliveries shall be made to a physical address and no deliveries shall be made in the public right of way.
D. Security plans developed pursuant to this Chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.
E. A delivery-only retailer shall facilitate the delivery of cannabis or cannabis products with a technology platform that uses point-of-sale technology to track and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the permittee and qualified patient, primary caregiver, or customer:
1. The identity of the individual dispensing cannabis or cannabis products on behalf of the permittee;
2. The identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the permittee;
3. The type and quantity of cannabis or cannabis products dispensed and received; and
4. The dollar amount charged by the permittee and received by the delivery driver for the cannabis or cannabis products dispensed and received.
F. A permittee shall maintain a database and provide to the City a list of the individuals and vehicles authorized to conduct deliveries on behalf of the permittee.
G. Individuals authorized to conduct deliveries on behalf of the permittee shall have a valid California Driver's License.
H. Individuals making deliveries of cannabis or cannabis products on behalf of the permittee shall maintain a physical or electronic copy of the delivery request (and/or invoice) and shall make it available upon request of City employees or agents.
I. During delivery, a copy of the permittee's Commercial Cannabis Business Permit shall be in the vehicle at all times, and the driver shall make it available upon request of City employees and agents.
J. A permittee shall only permit or allow delivery of cannabis or cannabis products in a vehicle that (i) is insured at or above the legal requirement in California; (ii) is capable of securing (locking) the cannabis or cannabis products during transportation; (iii) is capable of being temperature controlled if perishable cannabis or cannabis products are being transported; and (iv) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a cannabis retailer.
K. A delivery-only retailer shall facilitate deliveries with a technology platform that uses global positioning system technology to track and database technology to record and store the following information:
1. The time that the delivery vehicle departed the permitted premises.
2. The time that the delivery vehicle completed delivery to the qualified patient, primary caregiver, or customer.
3. The time that the delivery vehicle returned to the permitted premises.
4. The route the delivery vehicle traveled to conduct deliveries between departing and returning to the permitted premises.
5. For each individual transaction, the identity of the individual conducting deliveries on behalf of the delivery-only retailer permittee.
6. For each individual transaction, the vehicle used to conduct deliveries on behalf of the delivery-only retailer permittee.
7. For each individual transaction, the identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the delivery-only retailer.
8. For each individual transaction, the type and quantity of cannabis or cannabis products dispensed and received.
9. For each individual transaction, the dollar amount charged by the delivery-only retailer and received by the delivery driver for the cannabis or cannabis products dispensed and received.
L. The delivery driver shall personally verify for each individual transaction the identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the delivery-only retailer.
M. A delivery-only retailer may sell, give away, or donate specific devices, contrivances, instruments, or paraphernalia necessary for consuming cannabis or cannabis products, including but not limited to rolling papers and related tools, pipes, water pipes, and vaporizers. The equipment may only be provided to qualified patients, primary caregivers, or customers in accordance with § 11364.5 of the California Health and Safety Code.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
Commercial cannabis indoor cultivation facilities must comply with all of the following requirements:
A. The cultivation of all cannabis must occur indoors only, and outdoor cultivation is prohibited.
B. From a public right-of-way, there should be no exterior evidence of cannabis cultivation except for any signage authorized by this Code.
C. The general public is not permitted on the cannabis cultivation premises. Only owners, managers, employees, agents and volunteers of the cannabis cultivation permittee and agents or employees of the City of Culver City, the County of Los Angeles or the state are permitted to be on-site.
D. A permittee shall only be allowed to cultivate the square feet of canopy space permitted by state law and in the Commercial Cannabis Business Permit issued for the premises.
E. Cannabis cultivation shall be conducted in accordance with state and local laws related to electricity, water usage, water quality, discharges, waste disposal and similar matters.
F. A cultivation permittee shall comply with all applicable federal, state and local laws and regulations regarding use and disposal of pesticides and fertilizers.
G. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.
H. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
I. Prior to transportation, a cannabis cultivation permittee shall package and seal all cannabis or cannabis products in tamper-evident packaging and use a unique identifier, such as a batch and lot number or bar code, to identify and track the cannabis or cannabis products.
J. All applicants for a Commercial Cannabis Business Permit pertaining to cannabis cultivation shall submit the following in addition to the information otherwise required for a Commercial Cannabis Business Permit:
1. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, watershed and habitat protection; waste disposal; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
2. A description of a legal water source, irrigation plan, and projected water use.
3. Identification of the source of electrical power and plan for compliance with applicable Building Codes and related Codes.
4. Plan for addressing odor and other public nuisances that may derive from the cultivation site.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
Commercial cannabis manufacturing businesses shall comply with all of the following requirements:
A. From a public right-of-way, there should be no exterior evidence of cannabis manufacturing except for any signage authorized by this Chapter.
B. The general public is not permitted on the cannabis manufacturing premises. Only owners, managers, employees, agents and volunteers of the cannabis manufacturing permittee and agents or employees of the City of Culver City, the County of Los Angeles or the state are permitted to be on-site.
C. All cannabis manufacturing shall comply with the standards set by state and local law, including but not limited to those related to safety, discharges, waste disposal and similar matters.
D. Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Culver City in containers that exceeds the amount which is approved by the Fire Chief and authorized by the Commercial Cannabis Business Permit. Each manufacturing premises subject to a Commercial Cannabis Business Permit shall be limited to a total number of tanks as authorized by the Fire Chief on the property at any time.
E. Cannabis manufacturing facilities may use the hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the Fire Chief. These solvents must be of at least ninety-nine percent (99%) purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
F. If an extraction process uses a professional grade closed loop C02 gas extraction system every vessel must be certified by the manufacturer for its safe use. Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
G. Certification from an engineer licensed by the State of California must be provided to the Fire Chief for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
1. The American Society of Mechanical Engineers (ASME);
2. American National Standards Institute (ANSI);
3. Underwriters Laboratories (UL); or
4. The American Society for Testing and Materials (ASTM).
H. The certification document reference in Subsection G. above must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified.
I. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Chief and meet any required fire, safety, and building code requirements specified in the California Building and Fire Codes, as adopted by the City.
J. Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
K. Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
L. Cannabis manufacturing facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Such plan shall be submitted to the City as part of the application process.
M. Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.
N. Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
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