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(a) A collective may only operate a collective facility in the unincorporated area of San Diego County if a valid Medical Marijuana Collective Facility Operating Compliance Certificate ("Operating Certificate") has been issued by the Sheriff's Department to a member of the collective. The Sheriff's Department shall only issue new Operating Certificates to Medical Marijuana Collective Facilities that were lawfully established prior to April 14, 2017, and consistent with San Diego County Zoning Ordinance Section 6935.
(b) The procedure for obtaining an Operating Certificate, including appeals of denials and revocations, shall be as set forth in Chapter 1 of the County of San Diego Uniform Licensing Procedure, except as set forth in this chapter and in addition, shall be subject to the specific requirements and regulations set forth in this chapter.
(c) The form of application for an Operating Certificate shall be developed by the Sheriff's Department. At a minimum, the form of application developed by the Sheriff shall require the applicant(s) to provide sufficient information deemed necessary by the Sheriff to make an initial determination that (1) the applicant(s) will be operating a legitimate collective facility in compliance with state law and this ordinance, and (2) the applicant(s) is or are the owner(s) of the property for which the Operating Certificate is sought or have the written permission of the owner(s) of the property for which the license is sought.
(d) As a condition for obtaining an Operating Certificate from the Sheriff, the applicant must show proof that the location has been approved by the Department of Planning and Development Services, Zoning Division, and a building permit (including a tenant improvement permit) has been applied for if required by the California Building Code.
(e) The form of application, which upon completion shall be signed by the applicant(s), shall also require the applicant(s), at a minimum, to make the following express representations:
(1) That no activities prohibited by state law will occur on or at the collective facility with the knowledge of the responsible person(s).
(2) That the collective facility, the collective and its members will comply with all provisions of this chapter and state law pertaining to medical marijuana.
(f) An Operating Certificate issued pursuant to this section shall be valid only for the address for which it was issued.
(g) Section 21.108(c) of the County of San Diego Uniform Licensing Procedure shall not apply to the issuance of Operating Certificates for collective facilities.
(h) The applicant(s) shall provide to the Sheriff along with a completed application and fee for the Operating Certificate, evidence that any required building permit (including a tenant improvement permit) issued by the Department of Planning and Development Services has passed final inspection and occupancy approval has been issued before the Sheriff's Operating Certificate can be effective.
(i) For purposes of facilitating the provisions of this ordinance, a collective must have a unique identifying name that will be entered onto the application for an Operating Certificate.
(j) The fee for an Operating Certificate shall be as provided in section 21.1901 of the County Code of Regulatory Ordinances.
(k) The application for an Operating Certificate shall designate and identify one or more persons as responsible persons. The designated responsible person(s) shall include the applicant(s).
(l) An Operating Certificate shall not be issued where a responsible party has a felony conviction.
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10474 (N.S.), effective 4-21-17)