A. Purpose: To establish a comprehensive set of regulations applicable to the operation of medical marijuana dispensaries within the City to insure such operation in a manner consistent with the overall health, welfare and safety of the City and its populace and in compliance with the California Compassionate Use Act.
B. Allowed zone districts: Medical marijuana dispensaries are allowed in the Limited Commercial(C-1), General (C-2), and Industrial (M-1, M-2, and M-3) Zone Districts, subject to an approved use permit in compliance with Chapter 17.08, and provided that all of the criteria provided below can be satisfied.
1. The site is not within one thousand (1,000) feet of any public or private school for grades kindergarten through 12, any preschool or licensed child care facility.
2. The site is not within five hundred (500) feet of any residential use, residential area or residential zone.
3. The site is not within one thousand (1,000) feet of any park, library or recreational area commonly used by minor children.
4. The site is not within five hundred (500) feet of any adult business which sells or provides in any manner drug paraphernalia.
5. The site is located no closer than six hundred (600) feet from any restaurant, food preparation for public consumption, or cottage food operator;
6. A map that reflects the restrictive distances noted above shall be submitted with the application for administrative review.
C. Needed information: In addition to the information required by the City for any potential use permit application or any potential business license application, persons or entities making such application(s) for the establishment of a medical marijuana dispensary shall also provide the following information with the application(s).
1. The application must be signed by the owner, lessee or agent who is applying for the use permit or business license and the owner, lessee or agent shall specifically identify the individuals who will be conducting the business of the medical marijuana dispensary for the premises for which the permit or license is sought. In the case of a lessee of a property applying for a permit pursuant to this Chapter, the property owner shall acknowledge on the application consent to the application for a use permit for a medical marijuana dispensary.
2. The owner of the property, if other than the applicant, has consented in writing to the cultivation of marijuana on the property. A notarized affidavit from the owner and proof of property ownership shall be submitted to the City with the application for an administrative review.
3. The application shall list the legal form of the applicant, e.g., individual, partnership, corporation.
a. If the applicant is an individual, the application shall list his or her legal name, any aliases and date of birth;
b. If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names and addresses of all partners, dates of birth, all aliases used by all of the general partners and whether the partnership is general or limited; and,
c. If the applicant is a corporation, the applicant shall list the full and complete corporate name, the date and status of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth and aliases used and the capacity of all officers, directors and principal stockholders (i.e., all stockholders with 10 percent or more of all outstanding shares, and the name and addresses of the registered officers for service of process.
4. The application must list whether, preceding the date of the application, the applicant or any individuals listed pursuant to subsection C.2. of this section has:
a. Other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other license and/or permit relating to similar business activities as in the permit application. lithe application lists such other licenses and/or permits, the list shall include the type, current status and issuing agency for each permit;
b. Been a partner in a partnership or an officer, director or principal stockholder of a corporation which has had any other licenses and/or permits, relating to similar business activities as in the permit application, issued to and/or revoked in the three years prior to the year of the permit application. The type, current status, and issuing agency for each previously issued or revoked licenses and/or permits shall be listed on the application;
c. Been found guilty of or pleaded nolo contendere within the last four years to a misdemeanor or a felony classified by the state as a drug or drug related offense.
D. Restrictions on use: The following restrictions/regulations/ conditions shall apply to the operation of all medical marijuana dispensaries:
1. Hours of operation: Medical marijuana dispensaries shall be restricted to hours of operation between 8:00 a.m. and 7:00 p.m.
2. Conviction of Crimes: No operator and/or employee of a medical marijuana dispensary shall have been convicted of any felony under state or federal law, convicted of a crime in any other jurisdiction the commission of which would not be a felony under California law, nor convicted of any crime of moral turpitude. All operators and/or employees of a medical marijuana dispensary shall be subject to verification by the City of Gridley of the absence of any disqualifying conviction under this subsection prior to commencement of any such operation and/or employment and annually thereafter, pursuant to reasonable regulations pertaining thereto as established and promulgated by the City.
3. Security system: medical marijuana dispensaries shall be equipped with, and the operators of such dispensaries shall maintain in working order at all times burglary/robbery alarms in a manner compliant with the provisions of this code.
4. Security Guard: During all hours of operation there shall be, for each 1,000 square feet of occupied building space, or portion thereof, at least one licensed, uniformed security guard present and visible on the premises, i.e., one guard for zero (0) to and including one thousand (1,000) square feet, two guards for one thousand one (1,001) to and including two thousand (2,000) square feet, etc.
a. Such guards(s) shall be duly licensed by the State of California, Department of Consumer Affairs in a manor compliant with all applicable state and local laws. In particular, all security officers shall comply with the provisions of California Business and Professions Code Section 7582, et. seq.
b. The presence and licensing of such guards shall be subject to proof thereof by operator(s), employee(s) or security guard(s) of such dispensary at all required times, upon reasonable demand by any state or federal police officer.
5. Use on premises: Use or consumption in any manner of marijuana is not permitted on premises of any medical marijuana dispensary at any time.
6. Drug paraphernalia: No medical marijuana dispensary may sell or display any drug paraphernalia on the premises at any time, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including but not limited to beer cans, oil cans and plastic photograph film vials, roach clips (for holding marijuana cigarettes), cigarette paper or filters or any device similarly representing paraphernalia as noted above.
7. Minors: Persons under the age of eighteen (18) years of age are not permitted to be on the premises of any medical marijuana dispensary at any time.
8. Alcohol: No alcoholic beverage shall be sold, conveyed or consumed on the premises of any medical marijuana dispensary at any time.
9. Under the influence: No person shall be present on the premises of a medical marijuana dispensary while intoxicated and/or under the influence of alcohol or any controlled substance at any time, as defined in California Health and Safety Code Section 11007.
10. Unobstructed view: The interior of the dispensary shall be configured such that there is an unobstructed view, by use of the naked eye, and unaided by video, closed circuit cameras or any other means, of every public area of the premises by a manager. No public area shall be obscured by any door, curtain wall, two-way mirror or other device. A manager shall be in the public portion of the dispensary at all times it is in operation or open to the public in order to enforce all rules and regulations.
11. Exterior painting: Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of abutting properties.
12. Displays: Advertisements, displays of merchandise, signs or any other exhibit depicting activities of the dispensary placed within the interior of buildings of premises shall be arranged or screened to prevent public viewing from outside such building or premises.
13. Loudspeakers: Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to pre-recorded or live music or sounds, are prohibited.
14. Graffiti: Upon order of the City Police Department, graffiti appearing on any exterior surface of a building or premises of a dispensary, which graffiti is in public view, shall be removed and that surface shall be restored within forty-eight (48) hours of the appearance of the graffiti.
15. Notification to the owner or person in charge of the premises or as may be specified in other ordinances of the City regulating graffiti removal.
16. Security cameras: The operator of the medical marijuana dispensary shall be responsible for insuring that a video surveillance system on the premises complies with the following standards:
a. Visually records and monitors all parking lot areas, rear alley areas immediately adjacent to the dispensary, the main building entrance(s) and exit(s), and any and all transaction areas for the dispensing of medical marijuana. The operator of the dispensary or his/her designated representative shall instruct the company or individual(s) installing the surveillance equipment at the dispensary to position cameras to maximize the quality of facial and body images and avoid backlighting and physical obstructions. The company or individual(s) installing the surveillance equipment for any medical marijuana dispensary shall be responsible for reasonable compliance with those instructions in installing such equipment at the dispensary.
b. Cameras shall have a minimum resolution of 600 lines per inch and a minimum light factor requirement of 0.7 LUX, or if IP a minimum of 1080p. Light sensitive lenses or the installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.
c. The recorded device shall be defined as a "high density recorder" by manufacturer specifications. The device shall be a time-lapse recorder that displays a current date and time stamp on the videotape. Systems required to have more than one camera shall include a "quad" or "multiplexer" video display splitter. The recording equipment and all recorded video tapes kept in compliance with this section shall be secured in a locked area in which access is limited to the dispensary operator, the permit holder, and/or his/her designated representative(s). Recordings shall be kept for a period of one year.
d. A display monitor with a minimum screen size of fifteen (15) inches shall be connected to the video surveillance system at all times. If a "quad" video display splitter is utilized, the display monitor shall have a minimum screen size of twenty-two (22) inches.
e. Video surveillance systems shall be maintained in good working order at all times. The owner of the dispensary shall instruct each employee, volunteer, agent, servant or other individual overseeing the functioning of the video system, to immediately report any malfunctioning of or technical problems whatsoever with surveillance equipment. Every three months, the operator of the dispensary or his/her designated representative shall inspect all cameras and video recorders to ensure proper operation and shall perform the following functions: the camera lenses shall be cleaned and the date and time stamp shall be calibrated to reflect true information; all wires connected to the camera and video recording device shall be inspected for wear and tear; and, a test recording shall be done to verify image quality and the date and time stamp. The operator of the dispensary or his/her designated representative shall keep a video surveillance maintenance log documenting all inspections and repairs to the system. Any technical problems or inoperable equipment shall be repaired as soon as possible, not to exceed 15 days from the discovery of the problem. The video surveillance system and maintenance log are subject to periodic inspection by the City, in order to ensure compliance with this section. A copy of the maintenance log shall be submitted to the City when requesting the annual extension of the administrative permit.
f. The video surveillance system and recording device shall be in continuous operation from one full hour before to one full hour after the dispensary is open to the public, or any portion thereof. Videotapes or digital copies of daily operations shall be kept a minimum of 1 year prior to reuse or destruction of such videotapes, and shall be provided to the City as may be authorized by state and federal law. Such videotapes shall be clearly marked with the date the videotape was most recently recorded, and, in the event there are multiple tapes of the same date, each videotape shall be clearly marked in the sequential numerical order that it was so recorded.
17. Lighting shall comply with the following:
a. Interior: The premises within which the dispensary is operated shall be equipped with and, at all times during which the dispensary is open to the public or any portion thereof, shall remain illuminated with overhead lighting fixtures of sufficient intensity to illuminate every place to which members of the public or portions thereof are permitted access with an illumination of not less than forty (40) foot-candles as measured at the floor level.
b. Exterior: The exterior of the premise upon which the dispensary is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than two-foot candle as measured at the ground level, including, but not limited to landscape areas, parking lots, driveways, walkways, entry areas and refuse storage areas.
18. Change of ownership: If a dispensary operating with a permit pursuant to this Chapter changes ownership, the current owner or operator shall notify the Sheriff's Department of the new owner's name and address within ten (10) days of the effective date of such change of ownership.
19. Manager on premises: All dispensaries shall have a responsible person who shall be at least twenty-one (21) years of age and shall be on the premises to act as manager at all times during which the dispensary is open to the public or any portion thereof. The individual designated as the on-site manager shall be registered with the Sheriff's Department and fingerprinted to receive all complaints and be responsible for all violations taking place on the premises.
20. Records and inspection: All dispensaries shall maintain sufficiently detailed written records regarding their verification that medical marijuana is dispensed only to qualified patients and primary caregivers under the California Compassionate Use Act, Health and Safety Code Section 11362.5 et. seq. These written records are subject to periodic inspection by the Sheriffs Department, in order to ensure compliance with this section, as authorized by state and federal law.
21. Other conditions: The Planning Commission or City Council may add any conditions to the granting of a permit pursuant to this Chapter, should the particular facts and/or circumstances of a propose use so justify.
E. Operator Responsible: The operator(s) of any medical marijuana dispensary is responsible for insuring at all times those employees, volunteers, agents or any other individuals having any charge over the functioning of the dispensary are acting in compliance with the provisions of this section.
F. Other regulations: The provisions of this section do not waive or modify any other provisions of this code with which medical marijuana dispensaries are required to comply. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any facility, building or use which violates any City of Gridley ordinance or California statute regarding public nuisances, medical marijuana or any federal regulations or statutes.
G. Measure of Distance: All required minimum distances set forth in Sections 17.89.060A.and 17.89.090B. shall be measured from the nearest property line of one designated location to the nearest property line of the other designated location along a straight line extended between the two points without regard to intervening structures.
H. Prohibited in other zone districts: Medical marijuana dispensaries are prohibited in any other zone district other than those listed in this Section.
(Ord. 823-2016 § 36 (part), 2016)