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Indio Overview
Indio, CA Code of Ordinances
INDIO, CALIFORNIA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
CHAPTER 110: LICENSES; CLOSING OUT SALES
CHAPTER 111: BINGO GAMES
CHAPTER 112: STATE VIDEO FRANCHISE HOLDERS
CHAPTER 113: ENTERTAINMENT PERMITS
CHAPTER 114: SIDEWALK VENDORS AND VENDING VEHICLES
CHAPTER 115: MASSAGE REGULATIONS
CHAPTER 116: PSYCHIC ACTIVITIES
CHAPTER 117: SOLICITATION
CHAPTER 118: TAXICABS AND VEHICLES FOR HIRE
CHAPTER 119: PARKING AND BUSINESS IMPROVEMENT
CHAPTER 120: SEXUALLY ORIENTED BUSINESSES
CHAPTER 121: RESTAURANT GRADING SYSTEM
CHAPTER 122: GARAGE SALE PERMITS
CHAPTER 123: CANNABIS BUSINESS ACTIVITIES
§ 123.01 TITLE.
§ 123.02 PURPOSE AND INTENT.
§ 123.03 LEGAL AUTHORITY.
§ 123.04 COMMERCIAL CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS CHAPTER.
§ 123.05 COMPLIANCE WITH STATE AND LOCAL LAWS AND REGULATIONS.
§ 123.06 DEFINITIONS.
§ 123.07 CANNABIS BUSINESS PERMIT REQUIRED TO ENGAGE IN CANNABIS BUSINESS ACTIVITY.
§ 123.08 CANNABIS OWNERS CRIMINAL BACKGROUND.
§ 123.09 PERSONS PROHIBITED FROM HOLDING A PERMIT.
§ 123.10 MAXIMUM NUMBER AND TYPE OF AUTHORIZED CANNABIS BUSINESSES PERMITTED.
§ 123.11 COMMUNITY BENEFITS.
§ 123.12 CITY'S RESERVATION OF RIGHTS.
§ 123.13 PROCEDURE GUIDELINES AND REVIEW CRITERIA TO EVALUATE CANNABIS BUSINESS PERMIT APPLICATIONS.
§ 123.14 EXERCISE OF A CANNABIS BUSINESS PERMIT.
§ 123.15 ABANDONMENT OF PERMIT.
§ 123.16 REAPPLYING FOR A CANNABIS BUSINESS PERMIT.
§ 123.17 TERM OF A CANNABIS BUSINESS PERMIT.
§ 123.18 RENEWAL OF CANNABIS BUSINESS PERMITS.
§ 123.19 SUSPENSION, REVOCATION OR MODIFICATION OF PERMITS.
§ 123.20 EFFECT OF STATE LICENSE SUSPENSION.
§ 123.21 EFFECT OF STATE LICENSE REVOCATION OR TERMINATION.
§ 123.22 APPEALS.
§ 123.23 APPEALS AND CONTENTS OF APPEAL.
§ 123.24 APPOINTMENT AND SCOPE OF HEARING OFFICER OR BODY.
§ 123.25 APPEAL HEARING PROCESS AND PROCEEDINGS.
§ 123.26 CHANGE IN LOCATION; UPDATED APPLICATION FORM.
§ 123.27 TRANSFER OF CANNABIS BUSINESS PERMIT.
§ 123.28 CITY BUSINESS LICENSE.
§ 123.29 BUILDING PERMITS AND INSPECTION.
§ 123.30 AUTHORIZATION FROM THE COMMUNITY DEVELOPMENT DIRECTOR.
§ 123.31 RIGHT TO OCCUPY AND TO USE PROPERTY.
§ 123.32 LOCATION AND DESIGN OF CANNABIS BUSINESSES.
§ 123.33 LIMITATIONS ON CITY'S LIABILITY.
§ 123.34 RECORDS AND RECORDKEEPING.
§ 123.35 SECURITY MEASURES.
§ 123.36 FEES AND CHARGES.
§ 123.37 GENERAL OPERATING REQUIREMENTS.
§ 123.38 OPERATING REQUIREMENTS FOR STORE FRONT RETAIL FACILITIES.
§ 123.39 OPERATING REQUIREMENTS FOR NON-STORE FRONT RETAIL (DELIVERY-ONLY) FACILITIES.
§ 123.40 STORE FRONT AND NON-STORE FRONT RETAIL DELIVERY REQUIREMENTS.
§ 123.41 OPERATING REQUIREMENTS FOR OUT-OF-CITY DELIVERY SERVICES.
§ 123.42 PERMISSIBLE DELIVERY LOCATIONS AND CUSTOMERS.
§ 123.43 PROMULGATION OF REGULATIONS, STANDARDS AND OTHER LEGAL DUTIES.
§ 123.44 COMMUNITY RELATIONS.
§ 123.45 FEES DEEMED DEBT TO THE CITY.
§ 123.46 PERMIT HOLDER RESPONSIBLE FOR VIOLATIONS.
§ 123.47 INSPECTION AND ENFORCEMENT.
§ 123.48 VIOLATIONS DECLARED A PUBLIC NUISANCE.
§ 123.49 NO VESTED RIGHTS.
CHAPTER 124: PERMITTING OF TOBACCO RETAILERS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
PARALLEL REFERENCES
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§ 123.15 ABANDONMENT OF PERMIT.
   If the cannabis business has not been in regular and continuous operation in the preceding four months at the permitted location, the cannabis business permit shall be considered abandoned, unless mitigating circumstance occur which was beyond the control of the permittee and an extension has been authorized by the City Manager.
(Ord. 1780, passed 6-1-22)
§ 123.16 REAPPLYING FOR A CANNABIS BUSINESS PERMIT.
   If an applicant is denied a permit due to a disqualifying factor including, but not limited to, failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one year from the date of the denial. This section shall not apply to an approved applicant not awarded a permit resulting from the city not selecting them for one of the permits in the application process.
(Ord. 1780, passed 6-1-22)
§ 123.17 TERM OF A CANNABIS BUSINESS PERMIT.
   All permits issued under the provisions of this chapter shall be effective for a period not to exceed one year from the date of issuance. The City Manager may renew a permit through the procedures identified in § 123.18.
(Ord. 1780, passed 6-1-22)
§ 123.18 RENEWAL OF CANNABIS BUSINESS PERMITS.
   (A)   An application for renewal of a cannabis business permit shall be filed by the cannabis business permittee at least 60 calendar days prior to the expiration date of the current permit.
   (B)   The renewal application shall contain all the information required for new applications.
   (C)   The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the city to administer the program created under this chapter.
   (D)   An application for renewal of a cannabis business permit may be rejected if any of the following exists:
      (1)   The application is filed less than 60 days before its expiration or a shorter time period which shall be at the discretion of the City Manager.
      (2)   The cannabis business permit is suspended or revoked at the time of the application.
      (3)   The cannabis business has not been in regular and continuous operation in the four months prior to the renewal application or the approved extension of the deadline from the City Manager.
      (4)   The cannabis business has failed to conform to the requirements of the cannabis business permit or this chapter or any regulations adopted pursuant to this chapter.
      (5)   The permittee fails or is unable to renew its State of California license.
      (6)   If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the cannabis business permit.
      (7)   Violation of § 123.08.
   (E)   The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to this chapter.
   (F)   If a renewal application is denied, a person may file a new application pursuant to this chapter not sooner than one year from the date of the denial.
(Ord. 1780, passed 6-1-22)
§ 123.19 SUSPENSION, REVOCATION OR MODIFICATION OF PERMITS.
   Cannabis business permits may be suspended, revoked or modified for any violation of this chapter, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this chapter relating to cannabis businesses. A decision of the city to suspend, revoke or modify a cannabis permit is appealable as set forth in this chapter.
(Ord. 1780, passed 6-1-22)
§ 123.20 EFFECT OF STATE LICENSE SUSPENSION.
   Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the cannabis business permit of the cannabis business. If the State of California or its respective department or division reinstates or reissues the state license, the cannabis business may seek reinstatement of its cannabis business permit if the business can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured. Any cannabis business permittee shall inform the city of any suspension of a state license.
(Ord. 1780, passed 6-1-22)
§ 123.21 EFFECT OF STATE LICENSE REVOCATION OR TERMINATION.
   Revocation or termination of a license issued by the State of California, or by any of its departments or divisions, shall immediately revoke or terminate the cannabis business permit of the cannabis business. Any cannabis business permittee shall inform the city of any revocation or termination of a state license.
(Ord. 1780, passed 6-1-22)
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