Loading...
It is the purpose and intent of the city council to regulate cannabis businesses consistently with state law and implement strong and effective regulatory and enforcement systems to protect the health, safety, and welfare of the residents of the city. The regulations in this chapter do not interfere with any person's right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis contrary to state law. Cannabis businesses shall comply with all provisions of the Sacramento City Code, state law, and all other applicable local codes and regulations. It is neither the intent nor the effect of this chapter to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law. (Ord. 2017-0046 § 1)
As used in this chapter:
"Cannabis" has the same meaning as in California Business and Professions Code section 26001.
"Cannabis, adult-use" means cannabis or cannabis products intended to be sold for use by adults 21 years of age and over who do not possess a physician's recommendation for the use of cannabis issued in accordance with the Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5).
"Cannabis, medical" means cannabis or cannabis products intended to be sold for medical use by persons who possess a physician's recommendation for the use of cannabis issued in accordance with the Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5).
"Cannabis accessories" has the same meaning as in California Health and Safety Code section 11018.2.
"Cannabis business" means a business subject to the permit requirements of this chapter.
"Cannabis business permit" means any permit issued to a cannabis business pursuant to the provisions of this chapter.
"Cannabis consumption lounge" or "lounge" means an area on any property, other than in a private residence or at an event held pursuant to section 5.150.360.C, where cannabis or cannabis products are consumed; or any private residence where cannabis or cannabis products are allowed to be consumed for commercial gain.
"Cannabis consumption lounge operator" means a storefront cannabis dispensary permittee who is authorized to operate a cannabis consumption lounge in accordance with this chapter.
"Cannabis cultivation business" means a business cultivating cannabis, including a cannabis nursery.
"Cannabis dispensary, delivery-only" means a business selling cannabis or cannabis products only by delivery, not by completing the transfer in a building or structure that is open to customers or elsewhere on the dispensary site.
"Cannabis dispensary, storefront" means a business selling cannabis or cannabis products from a building or structure that is open to customers. A storefront cannabis dispensary does not include the following uses: a clinic licensed pursuant to chapter 1 of division 2 of the California Health and Safety Code; a health care facility licensed pursuant to chapter 2 of division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to chapter 3.01 of division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the California Health and Safety Code; and a residential hospice or a home health agency licensed pursuant to chapter 8 of division 2 of the California Health and Safety Code, as long as any such use complies with applicable laws including, but not limited to, the Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code section 11362.7 et seq.), the Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code section 26000 et seq.), and the Sacramento City Code.
"Cannabis distribution business" means a business procuring, selling, and transporting cannabis and cannabis products between cannabis businesses.
"Cannabis identification card" has the same meaning as "identification card" in California Health and Safety Code section 11362.7.
"Cannabis manufacturing business" means a business producing, preparing, propagating, or compounding cannabis and cannabis products. Cannabis manufacturing business includes businesses involving the extraction of a substance from a cannabis plant, the infusion or mixture of cannabis into another substance, the preparation of an edible item that contains cannabis, and the packaging and labeling of cannabis or cannabis products. Cannabis manufacturing business does not include a cannabis cultivation business.
"Cannabis microbusiness" means a business that engages in activities of three or more of the following cannabis businesses on the same site: manufacturing, distribution, storefront dispensary, delivery-only dispensary, or cultivation (provided that the cultivation area is less than 10,000 square feet).
"Cannabis nursery" means a business that produces clones, immature plants, seeds, or other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
"Cannabis product" has the same meaning as in California Health and Safety Code section 11018.1.
"Cannabis testing laboratory" means a business performing scientific analysis of cannabis or cannabis products to determine chemical profile, presence of contaminants, or other similar data.
"Canopy" has the same meaning as in section 8000 of title 3 of the California Code of Regulations.
"CBC" means the California Building Code.
"CEC" means the California Electrical Code.
"CFC" means the California Fire Code.
"City manager" means the city manager or designee.
"CMC" means the California Mechanical Code.
"Conditional use permit" means a conditional use permit issued by the city pursuant to the Planning and Development Code.
"CPC" means the California Plumbing Code.
"Cultivate" means to plant, grow, harvest, dry, cure, grade, or trim cannabis. "Cultivation area" means the area in which cannabis is cultivated.
"Deliver" means to physically move any item from a cannabis business to a person other than another cannabis business.
"Hold-up alarm" means a silent alarm that alerts a monitoring company that criminal activity is in progress and causes the dispatch of law enforcement.
"Juvenile" means any natural person who is under the age of 18 years.
"Limited liability company manager" means a person that, under the operating agreement of a manager-managed limited liability company, is responsible for performing the management functions stated in subdivision (c) of California Corporations Code section 17704.07.
"Manager" means a person who participates in the direction, control, or management of a cannabis business.
"Member" means any qualified patient, primary caregiver, or person with a cannabis identification card who is registered with a cannabis business.
"Ownership interest" means all forms of legal or beneficial ownership including the following: stock, partnership, limited liability company, joint tenancy, leasehold, proprietorship, trust, beneficiary, proxy, power-of-attorney, option, warrant, and any other interest that evidences ownership or control, whether direct or indirect.
"Person with a cannabis identification card" has the same meaning as "person with an identification card" in California Health and Safety Code section 11362.7.
"Physician" has the same meaning as in California Business and Professions Code section 4039.
"Primary caregiver" has the same meaning as in California Health and Safety Code section 11362.7.
"Private medical records" means records related to the medical history of a qualified patient, but does not include the recommendation of a physician for the medical use of cannabis, the designation of a primary caregiver by a qualified patient, or a cannabis identification card.
"Qualified patient" has the same meaning as in California Health and Safety Code section 11362.7.
"Qualified professional" means a person who holds a valid private patrol operator license under California Business and Professions Code section 7582, a valid alarm company operator license under California Business and Professions Code section 7593, a valid certificate from the American Society for Industrial Security International, or equivalent licensure or certification.
"Reasonable compensation" means compensation commensurate with wages and benefits paid to officers and employees of other not-for-profit organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of hours worked.
"Sell" means engaging in any transaction, for any consideration, in which title of an item is transferred from one person to another, and includes delivery and soliciting or receiving orders.
"Site" means the portion of a parcel or parcels of real property upon which a cannabis business is operated.
"Smoking" has the same meaning as in section 8.80.030.
"Staff" means a person other than a manager who works or provides services on the site of a cannabis business, whether as an employee, contractor, or volunteer.
"Transport" means to physically move items between cannabis businesses. Transport does not include delivery.
"Vaping" means to inhale vapor from a device that heats up and vaporizes a liquid or solid.
"Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. "Volatile solvent" does not include ethanol when used in a manner that will not create explosive or ignitable mixtures, as approved by the fire chief or designee. (Ord. 2024-0044 § 1; Ord. 2022-0006 § 1; Ord. 2020-0004 § 1; Ord. 2019-0041 § 1; Ord. 2018-0050 § 1; Ord. 2017-0060 § 1; Ord. 2017-0046 § 1)
A. No cannabis business shall operate unless it is in possession of all applicable state and local licenses or permits.
B. Every cannabis business shall submit to the city manager a copy of any and all of its state and local licenses and permits required for its operation.
C. If any other applicable state or local license or permit required for a cannabis business's operation is denied, suspended, modified, surrendered, revoked, or expired, the cannabis business shall notify the city manager in writing within 10 calendar days of the action. (Ord. 2020-0004 § 2; Ord. 2017-0046 § 1)
Cannabis business permits issued pursuant to this chapter are not property and have no value. Cannabis business permits may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a cannabis business permit shall be unlawful and void, and shall automatically revoke the permit. (Ord. 2017-0046 § 1)
A. No person shall transfer, sell, assign, or bequeath any ownership interest in any storefront cannabis dispensary permittee to another person.
B. Any transfer, sale, assignment, or bequest of any ownership interest is unlawful and void.
C. This section remains in effect until May 11, 2022. (Ord. 2021-0028 § 1; Ord. 2020-0040 § 1; Ord. 2019-0041 § 2)
A. A cannabis business must provide the city with names and addresses of all of the following interested parties of the business:
1. Each person with an aggregate ownership interest of 20% or more, unless the interest is solely a security, lien, or encumbrance; and
2. All officers, members of the board of directors, limited liability company managers, and other persons with similar responsibilities.
B. The permittee shall notify the city of any change in the information above within 30 days of the change.
C. All interested parties, as described in subsection A, must submit to fingerprinting and a criminal background check by the city.
D. Unless the city manager determines, in accordance with subsection G, that the person's involvement as an interested party would not compromise public safety, no person shall be an interested party, as described in subsection A, if he or she has been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business. "Convicted" within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere was entered, but does not include any plea, verdict, or conviction that is expunged pursuant to federal or state law.
E. The offenses that are substantially related to the qualifications, functions, or duties of a cannabis business include:
1. A violent felony, as specified in California Penal Code section 667.5(c).
2. A serious felony, as specified in California Penal Code section 1192.7(c).
3. A felony involving fraud, deceit, or embezzlement.
4. A felony involving the hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
5. A felony for drug trafficking with enhancements pursuant to California Health and Safety Code sections 11370.4 or 11379.8.
F. Except for convictions of offenses described in subsections E.4 and E.5, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is not considered substantially related, and shall not be the sole ground for denial of a permit. Conviction for any controlled substance felony subsequent to the issuance of a permit shall be grounds for revocation of a permit or denial of the renewal of a permit.
G. A person who has been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business may be an interested party, if the city manager determines that the person's involvement as an interested party would not compromise public safety. In making the determination, the city manager may consider all available information, including information provided by the person. The city manager shall consider the following factors when determining whether the person's involvement would compromise public safety:
1. The nature of the crime or conviction.
2. The circumstances surrounding the crime or conviction.
3. The bearing, if any, the crime or conviction has on the person's fitness or ability to perform one or more of their duties and responsibilities as an interested party.
4. The time that has elapsed since the crime or conviction.
5. The person's rehabilitation and good conduct since the crime or conviction. (Ord. 2022-0006 § 2; Ord. 2017-0060 § 2; Ord. 2017-0058 § 1; Ord. 2017-0046 § 1)
A cannabis business permittee shall provide the city manager with the current name and primary and secondary telephone numbers of at least one 24-hour on-call manager to address and resolve complaints and to respond to operating problems or concerns associated with the cannabis business. (Ord. 2017-0046 § 1)
Loading...