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Commercial cannabis distribution businesses shall comply with all of the following requirements:
A. From a public right-of-way, there should be no exterior evidence of cannabis distribution except for any signage authorized by this Chapter.
B. The general public is not permitted on the cannabis distribution premises. Only owners, managers, employees, agents and volunteers of the cannabis distribution 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. A cannabis distribution permittee shall only procure, sell, or transport cannabis or cannabis products that is packaged and sealed in tamper-evident packaging that uses a unique identifier, such as a batch and lot number or bar code, to identify and track the cannabis or cannabis products.
D. A cannabis distribution permittee shall maintain a database and provide to the City a list of the individuals and vehicles authorized to conduct transportation on behalf of the cannabis distribution licensee.
E. Individuals authorized to conduct transportation on behalf of the cannabis distribution permittee shall have a valid California driver's license.
F. Individuals transporting cannabis or cannabis products on behalf of the cannabis distribution permittee shall maintain a physical or electronic copy of the transportation request (and/or invoice) and shall make it available upon request of City employees and agents.
G. During transportation, the individual conducting transportation on behalf of the cannabis distribution permittee shall maintain a copy of the cannabis distribution permittee's Commercial Cannabis Business Permit and shall make it available upon request of City employees and agents.
H. A cannabis distribution permittee facility shall only transport cannabis or cannabis products in a vehicle that is:
1. Insured at or above the legal requirement in California;
2. Capable of securing (locking) the cannabis or cannabis products during transportation; and
3. Capable of being temperature controlled if perishable cannabis products are being transported.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
Commercial cannabis testing businesses shall comply with all of the following requirements:
A. Cannabis testing shall take place within an enclosed locked structure.
B. From a public right-of-way, there should be no exterior evidence of cannabis testing except for any signage authorized by this Chapter.
C. The general public is not permitted on the cannabis testing premises. Only owners, managers, employees, agents and volunteers of the cannabis testing 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. All cannabis testing shall be performed in accordance with state law.
E. A cannabis testing permittee shall adopt a standard operating procedure using methods consistent with general requirements established by the International Organization for Standardization, specifically ISO/IEC 17025, to test cannabis or cannabis products, and shall operate in compliance with state law at all times.
F. A cannabis testing permittee shall be accredited by a body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement.
G. A cannabis testing permittee shall establish standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing.
H. A cannabis testing permittee shall destroy the remains of samples of any cannabis or cannabis product upon completion of analyses.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. Each permittee of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a Commercial Cannabis Business Permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each permittee shall file a sworn statement detailing the commercial cannabis business' revenue and number of sales during the previous twelve (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. On an annual basis, each permittee shall submit to the City a financial audit of the business' 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.
B. Each permittee of a commercial cannabis business shall maintain a current register of the names and the contact information (including the address, e-mail address and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, responsible persons and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager upon a reasonable request.
C. 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.
D. 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 and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA.
E. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each permittee shall allow City of Culver City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced 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. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. All permittees 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 commercial cannabis business. Except as may otherwise be determined by the Chief of Police, these security measures shall include, but shall not be limited to, all of the following:
1. Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.
2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
3. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault when not contained within a sales display. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss,
4. Installing twenty- four (24)-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur. Video recordings shall be maintained for a minimum of sixty (60) days, and shall be made available to the Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business.
5. Sensors shall be installed to detect entry and exit from all secure areas.
6. Panic buttons shall be installed in all commercial cannabis businesses.
7. Having a professionally installed, maintained, and monitored alarm system, with the required Culver City alarm permit pursuant to Chapter 11.04 of this Code.
8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building and in compliance with all City Building and Fire Codes.
9. Security personnel shall be on-site during operating hours or alternative security may be provided, as authorized by the Police Chief. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services Personnel and shall be subject to the prior review and approval of the Chief of Police, which approval shall not be unreasonably withheld.
10. Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
B. Each permittee shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the Chief of Police regarding any security related measures or any operational issues.
C. Any security plan required by this Chapter shall not be made public in the interest of safety and security.
D. Upon request and reasonable notice of not less than twenty-four (24) hours, except in exigent circumstances or in a time frame as determined by the City, each permittee shall make the premises and its security measures available for inspection or audit for the purpose of determining the effectiveness of the security plan and compliance with the requirements of this Chapter.
E. A permittee shall notify the Chief of Police within twenty-four (24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police.
2. Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
3. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.
4. Any other breach of security.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco products on or about the premises of a commercial cannabis business.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. Each permittee shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each permittee shall also provide the above information to all businesses and residences located within six hundred (600) feet of the commercial cannabis business.
B. During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each permittee may be required to attend a quarterly meeting with the City Manager and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such permittee shall meet with the City Manager when and as requested by the City Manager.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
ENFORCEMENT AND PENALTIES
Permittees and their responsible persons and managers shall be responsible for violations of the laws of the State of California or of this Code, whether committed by the permittee, or any employee or agent of the permittee, which violations occur on the premises of the commercial cannabis business, or when engaged in the business activity of the commercial cannabis business permittee, regardless of location, and whether or not said violations occur within the permittee's presence. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the permittee for purposes of determining whether the permit shall be revoked, suspended, or not renewed.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
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