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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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§ 123.39 OPERATING REQUIREMENTS FOR NON-STORE FRONT RETAIL (DELIVERY-ONLY) FACILITIES.
   (A)   No more than the number of non-store front retailers adopted by Council resolution may operate within the city at any one time and shall be issued a permit by the city.
   (B)   A non-store front retailer permittee shall be authorized to conduct retail sales exclusively by delivery. The permitted premises of a non-storefront retailer permittee shall be closed to the public.
   (C)   A non-store front retailer permittee shall comply with all the requirements applicable to retailer permittees, except for those provisions related to public access to the permitted premises and the retail area.
   (D)   Operating hours of the non-store front retailer permit shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(Ord. 1780, passed 6-1-22)
§ 123.40 STORE FRONT AND NON-STORE FRONT RETAIL DELIVERY REQUIREMENTS.
   (A)   Prior to providing cannabis goods to a delivery customer, operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least 18 years of age and verify that the customer has a valid doctor's recommendation. In the case of adult-use customers, they must verify that the customer is at least 21 years of age. Sales shall only be made to persons matching these criteria.
   (B)   Retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
   (C)   Prior to commencing delivery operations, a cannabis retailer and cannabis non-store front retailer shall provide the following information to the city:
      (1)   Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
      (2)   The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
      (3)   Proof of insurance as required in § 123.33(B) for any and all vehicles being used to deliver cannabis goods.
      (4)   The permittee shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
      (5)   The permittee shall provide the city with any changes to the information required by this section in writing within 30 calendar days.
(Ord. 1780, passed 6-1-22)
§ 123.41 OPERATING REQUIREMENTS FOR OUT-OF-CITY DELIVERY SERVICES.
   (A)   All cannabis businesses which conduct deliveries into or within the City of Indio shall be required to obtain a permit from the City of Indio in order to conduct retail sales regardless of whether they are located in the city or another local jurisdiction.
   (B)   Prior to commencing operations, a cannabis out-of-city delivery service shall comply with the following requirements:
      (1)   Obtain from the city a permit authorizing the delivery of cannabis and cannabis products within the city limits. A copy of this permit shall be retained by all drivers.
      (2)   The retail business operating the delivery service shall provide the City Manager with evidence of a valid state and local license for a cannabis business on whose authorization the delivery service is performing the delivery function.
      (3)   The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
   (C)   Operating hours of the out-of-city delivery service shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(Ord. 1780, passed 6-1-22)
§ 123.42 PERMISSIBLE DELIVERY LOCATIONS AND CUSTOMERS.
   Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products inside the City of Indio are subject to the following requirements:
   (A)   A permitted cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.
   (B)   A permitted cannabis business shall comply with all requirements of state and local law pertaining to the cannabis business permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to time in order to enforce this chapter.
   (C)   Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this chapter.
(Ord. 1780, passed 6-1-22)
§ 123.43 PROMULGATION OF REGULATIONS, STANDARDS AND OTHER LEGAL DUTIES.
   (A)   In addition to any regulations adopted by the City Council, the City Manager is authorized to establish administratively any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the city's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
   (B)   Regulations shall be published on the city's website.
   (C)   Regulations promulgated by the City Manager shall become effective upon date of publication. 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. 1780, passed 6-1-22)
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