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(Added by Ord. No. 185,345, Eff. 12/19/17.)
Neither this article, nor any other provision of this Code, or action, failure to act, statement, representation, recognition, certificate, approval, permit or license issued by the City, the Department of Cannabis Regulation, the Cannabis Regulation Commission, or their respective representatives, agents, employees, attorneys or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any Commercial Cannabis Activity beyond the period of time and range of activities specifically provided by the licenses issued to such activity by the state of California and the City.
This article does not create, confer, or convey any right or benefit regarding any activity beyond the lawfulness of any License issued by the City to engage in Commercial Cannabis Activity or any applicable State of California license for such activity. If any City License or any applicable State license is held unconstitutional, invalid or unenforceable for any reason by any court or tribunal of competent jurisdiction, the Commercial Cannabis Activity subject to such license shall be prohibited in the City of Los Angeles and shall immediately cease all operations in the City. The owner of any City License or any applicable State license assumes all risk associated with the validity of such licenses. The owner of any license found to be unconstitutional, invalid or unenforceable and required thereby to cease Commercial Cannabis Activity, shall not be entitled to any compensation from the City based upon such license; the finding that such license is unconstitutional, invalid or unenforceable; or the requirement that any Commercial Cannabis Activity must thereby immediately cease in the City.
(Added by Ord. No. 185,345, Eff. 12/19/17.)
(a) It is unlawful to conduct any Commercial Cannabis Activity in the City without a license issued by the state of California and by the City. It is unlawful to conduct any Commercial Cannabis Activity in the City falling under Type 1 (Cultivation, Specialty outdoor, Small); Type 1B (Cultivation; Specialty mixed-light, Small); Type 1C (Cultivation, Specialty cottage, Small) (outdoor and mixed- light cultivation); Type 2 (Cultivation, Outdoor, Small); Type 2B (Cultivation; Mixed-light, Small); Type 3 (Cultivation, Outdoor, Medium); Type 3B (Cultivation; Mixed-light, Medium); Type 4 (Cultivation; Nursery) (mixed light cultivation); Type 5 (Cultivation; Outdoor; Large); or Type 5B (Cultivation, Mixed-light, Large), in Section 26050 of the California Business and Professions Code.
(b) It is unlawful to conduct any Commercial Cannabis Activity on any lot located within the Alameda District Specific Plan Zone, Los Angeles International Airport Specific Plan Zone, Port Master Plan of the Port of Los Angeles, or any zone or other area not identified in Section 105.02(a) of this article.
(c) It is unlawful to plant, cultivate, harvest, dry, process, manufacture or store any living marijuana plants allowed by State law, if such action or conduct occurs outdoors at any location in the City. This prohibition shall not apply to the limited conduct allowed under Health and Safety Code Section 11362.1(a)(3).
(d) It is unlawful to possess, plant, cultivate, harvest, dry, process, manufacture, distribute, store, test, package, label, transport, deliver, sell, purchase, obtain or give away any Cannabis or Cannabis product allowed by State law, if such action or conduct occurs in any structure where any Cannabis or Cannabis derived product is visible from the exterior of the structure. This prohibition shall not apply to the limited conduct allowed under Health and Safety Code Section 11362.1(a)(3).
(e) It is unlawful to transport or deliver by vehicle any Cannabis or Cannabis derived product allowed by State law, where any Cannabis or Cannabis derived product is visible from the exterior of the vehicle.
(f) It is unlawful to establish, operate or participate in a medical marijuana collective or cooperative unless in a dwelling unit which has no more than three qualified patients, persons with identification cards or primary caregivers or a combination of these amounting to three.
(g) It is unlawful to operate, use, or permit the operation or use of any land, structure, or vehicle in the City for any of the stated prohibited actions or conduct. It is unlawful to own, establish, or permit the establishment of any land, structure or vehicle in the City for any of the stated prohibited actions or conduct. It is unlawful to rent, lease or otherwise permit any of the prohibited actions or conduct at any location, structure or vehicle in the City.
Section
106.00 Purpose.
106.01 Relationship to Other Sign Regulations.
106.02 Substitution Clause.
106.03 Definitions.
106.04 Prohibition of Cannabis Advertising on Off-site Signs.
106.05 Exceptions to Prohibition of Cannabis Advertising on Off-site Signs.
106.06 Restrictions on Advertising Cannabis and Cannabis Products on On-site Signs.
(Added by Ord. No. 185,607, Eff. 7/23/18.)
Regulating advertising of Cannabis, Cannabis Products, Cannabis Activity, or businesses engaged in any Cannabis Activity is a reasonable and necessary means to protect and promote the general welfare of the children and minors of the City of Los Angeles exposed to various media advertising Cannabis or Cannabis Products.
Judicial precedent has repeatedly recognized that children and minors deserve special concern because they lack the ability to assess and fully analyze the information presented through advertising.
Signs which can be seen from the outdoors are a unique and distinguishable medium of advertising which subject the general public to involuntary and unavoidable forms of solicitation.
These regulations promote the general welfare and temperance of children and minors and are intended to help reduce the illegal consumption and purchase of Cannabis and Cannabis Products by children and minors by limiting their exposure to the advertising of Cannabis and Cannabis Products on certain on-site and off-site signs.
(Added by Ord. No. 185,607, Eff. 7/23/18.)
The provisions in this Article 6 shall supersede any conflicting provisions of this Code, including, but not limited to, the Citywide sign regulations set forth in Article 4.4 of Chapter I (Zoning Code). All other regulations in this Code not in conflict with this Article 6 shall continue to apply to signs subject to this Article 6. The provisions in this Article 6 are not intended to conflict with, supersede, or limit state law.
(Added by Ord. No. 185,607, Eff. 7/23/18.)
Any ideological, political or other noncommercial message may be placed on any sign permitted by this Article 6.
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