(A) No person may engage in any commercial cannabis activity within the city unless the person:
(1) Has a valid CCBP issued by the city;
(2) Has a valid state license;
(3) Any other applicable approvals, including, but not limited to, a building permit, city business license, and a development agreement; and
(4) Is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis activity including but not limited to the requirements of this chapter.
(B) (1) It shall be unlawful to rent, lease, or otherwise permit any commercial cannabis activity at any location, structure, or vehicle in the city by a person:
(a) That does not have a valid CCBP issued by the city;
(b) That does not have a valid state license;
(c) That does not have any other applicable approvals, including, but not limited to, a building permit and city business license; or
(d) That is not currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis activity.
(2) Property owners shall have strict liability for any commercial cannabis activity at any location, structure, or vehicle in the city by a person:
(a) That does not have a valid CCBP issued by the city;
(b) That does not have a valid state license; or
(c) That does not have any other applicable approvals, including, but not limited to, a building permit and city business license.
(C) A copy of the CCBP shall be displayed at all times in a place visible to the public. The CCBP shall be issued to the specific person or persons listed on the cannabis permit application and list the authorized business entity if applicable.
(D) A CCBP shall not be issued to any person, and no person shall engage in any commercial cannabis activity and/or have any ownership interest in a commercial cannabis business, nor shall a person be employed by or work in a commercial cannabis business, who has been convicted of a felony within the past seven years, unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to California Penal Code §§ 1000, 1203.4 or 1385, or who is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance, or who is required to register as a sex offenders pursuant to California Penal Code § 290. Exempted from these prohibitions is a conviction for a felony involving cannabis where the underlying offense has subsequently been designated as a misdemeanor or infraction or decriminalized pursuant to the provisions of MAUCRSA or other state law.
(E) Applicant shall be responsible for all fees and noticing obligations required for processing all permits.
(F) Permittees shall be and remain in compliance with all applicable state and local laws and regulations pertaining to engaging in, conducting or operating a commercial cannabis business. Permittee shall obtain any applicable state license prior to commencing operations.
(G) The City Manager shall have the authority to adopt rules and/or regulations governing the implementation of this chapter.
(H) In addition to any other requirement of this chapter, no CCBP shall be issued to any cannabis business unless and until a development agreement has been entered into by the applicant and the city pursuant to the procedures set forth in Chapter 25, Article XXVII. Such development agreement may include provisions for specified public benefit payments to the city by the applicant or permittee.
(Ord. 1063, passed 2-15-2022)