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(a) The license fee for a Cannabis Consumption Permit shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(b) The annual license fee for a “Prepackaged Cannabis Products – No Preparation” Cannabis Consumption Permit shall be $800.
(c) The annual license fee for a “Limited Preparation of Cannabis Products” Cannabis Consumption Permit shall be $1,000.
(d) The annual license fee for a “Cannabis Smoking” Cannabis Consumption Permit shall be $1,200.
(e) Beginning with fiscal year 2018-2019, the annual license fees set pursuant to this Section 8A.5 may be adjusted each year on July 1, without further action by the Board of Supervisors. Not later than April 1 of each year, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of licensing-related activities, and that the fees will not produce revenue that is significantly more than the costs of providing such services. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue that is significantly more than such costs. The adjusted rates shall become operative on July 1.
(a) No Permittee shall allow the on-site Consumption of Cannabis or Cannabis Products in a manner inconsistent with any permit condition imposed by the Director, or inconsistent with any rules, regulations, or guidelines promulgated by the Director under Section 8A.8.
(b) Any employee or agent of the Department of Public Health may enter and inspect the Premises of a Permittee during business hours, without notice.
(c) No Permittee shall authorize the on-site Consumption of Cannabis or Cannabis Products outside of the business’ operating hours, as such hours may be established by law or regulation or required as a condition of the permit.
(d) Permittees shall post one or more notices of sufficient size, lettering, and prominence to advise customers that the Consumption of Cannabis Products on the sidewalk or in other areas adjacent to the Premises is prohibited.
(e) Access to the area where the Consumption of Cannabis Products is allowed shall be restricted to persons 21 years of age and older, or persons 18 years of age and older if the Permittee is authorized to Sell Medicinal Cannabis Products.
(f) Cannabis Consumption shall not be visible from any public place or any nonage-restricted area on the Premises.
(g) The sale and Consumption of alcohol or tobacco products are not allowed on the Premises.
(h) A Permittee shall comply with laws governing Cannabis Businesses and retail food establishments, including but not limited to the California Retail Food Code and Article 8 of the Health Code, where applicable.
(i) A Designated Smoking Room must meet the following ventilation standards:
(1) The Designated Smoking room must have a separate heating, ventilation, and air-conditioning (HVAC) system such that none of the air in the Designated Smoking Room will be recirculated into other parts of the Cannabis Business’ Premises.
(2) The air from a Designated Smoking Room must be directly exhausted to the outdoors by a filtration system that, at a minimum, eliminates all odor and smoke.
(3) Smoke from the Designated Smoking Room must not drift to other portions of the Premises.
(4) The Designated Smoking Room must be completely separated from the remainder of the Premises by solid partitions or glazing without openings other than doors, and all doors leading to the Designated Smoking Room must be self-closing. All doors to the Designated Smoking Room must be installed with a gasket to provide a seal where the door meets the stop.
(j) A Permittee with a Cannabis Smoking permit may not require employees to enter the Designated Smoking Room as a condition of their employment.
(Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)
(a) Any Person who violates this Article 8A (which is deemed to include a violation of the rules, regulations, and guidelines adopted pursuant to this Article 8A) shall be subject to an administrative penalty imposed by order of the Director, not to exceed $1,000 for each violation, for each day such violation occurs.
(b) The Director may revoke or suspend a Cannabis Consumption permit if the Director finds that the Permittee has engaged in conduct that violates this Article 8A or its implementing rules, regulations, and guidelines, or if the Director finds that the Permittee is being managed, conducted, or maintained in a way that threatens the health or safety of Customers, employees, or the public at large.
(c) If the Director determines that a Cannabis Business is operating in violation of this Article 8A or rules, regulations, or guidelines adopted pursuant to this Article, the Director shall issue a Notice of Violation to the Permittee. The Notice of Violation shall include the following information: the alleged act or failure to act that constitutes the basis for the Director’s determination; that the Director intends to take enforcement action against the Permittee, and the nature of that action, specifically, the administrative penalty to be imposed, additional permit conditions to be imposed, and/or suspension or revocation of the permit; and that the Permittee may request a hearing before the Director within 15 days after the Notice of Violation is mailed, to challenge the Director’s determination and/or the proposed enforcement action.
(d) If no request for a hearing is timely filed with the Director, the right to request a hearing shall be deemed waived, and the Director’s determination shall become final and effective 15 days after the Notice of Violation was mailed. The failure of the Person on whom the Notice of Violation is served to request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude the Person from obtaining judicial review of the validity of the enforcement action.
(e) Upon a timely request for a hearing, the Director shall, within 15 days of the request, notify the requester of the date, time, and place of the hearing.
(f) The Director shall conduct the hearing, or may designate a hearing officer who shall have the same authority as the Director to hear and decide the case.
(g) An order after hearing to suspend or revoke a permit, or to impose additional permit conditions, may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the Business and Tax Regulations Code; and such an order shall inform the recipient of this right to appeal.
(Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)
(a) The Director shall adopt rules, regulations, and/or guidelines to establish the minimum health and safety standards that businesses must maintain to be eligible to receive and maintain a Cannabis Consumption permit. Such health and safety standards shall be sufficient in the Director’s judgment to, among other things: protect the health and safety of consumers and employees of the cannabis business, prevent the ingestion of adulterated Cannabis Products, promote sanitary conditions in the Consumption and Preparation areas, and prevent food-borne diseases that might occur through unsafe food or Cannabis Product handling procedures.
(b) The Director may adopt rules, regulations, and guidelines that are not inconsistent with this Article 8A, for the purpose of implementing and enforcing this Article.
(Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)