Permittees shall at all times comply with the following:
(A) All applicable requirements set forth in Chapter 19.43 of this code;
(B) Cannabis businesses utilizing distribution services. Any permittee under this chapter requiring the services of a state licensed distributor shall, consistent with public safety, be required to, prior to any transportation of any cannabis goods, submit to the County Sheriff the following information for each distributor the permittee intends to utilize to transport cannabis good to or from the cannabis business site:
(1) The name, state license, and local authorization information of the distributor;
(2) A list of names of the distribution employees who will operate distribution vehicles within the county; and
(3) The make, model, license plate number, and VIN number of all distribution vehicles used within the county;
(C) Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises. The cannabis business shall notify the Sheriff’s Office if anyone continues to loiter around the building or premises after reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner;
(D) Reporting and tracking of product and of gross sales. Each permittee shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), and other information which may be deemed necessary by the county. The permittee shall ensure that such information is compatible with the county's recordkeeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the Administrative Officer or his/her designee(s) prior to being used by the permittee;
(E) All cannabis goods sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensees that maintain operations in full conformance with the state and local regulations;
(F) Emergency contact. Each permittee shall provide the Administrative Officer or his/her designee(s) with the name and telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day;
(G) Community relations contact. Each permittee shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis business can be provided. Each permittee shall also provide the above information to all businesses and residences located within 100 feet of the cannabis business;
(H) Community relations meetings. During the first year of operation pursuant to this chapter, the owner, manager, and community relations representative from each permitted cannabis business shall attend meetings with the Administrative Officer or his/her designee(s), and other interested parties as deemed appropriate by the Administrative Officer or his/her designee(s), to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter. After the first year of operation, the owner, manager, and community relations representative from each such cannabis business shall meet with the Administrative Officer or his/her designee(s) when and as requested by the Administrative Officer or his/her designee(s);
(I) Community relations outreach and education program. Permittees shall develop a county approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction;
(J) Minors. With the exception of persons aged 18-20 years who are in possession of a doctor's recommendation and intend to purchase medicinal cannabis for solely medicinal reasons, persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for any delivery service. It shall be unlawful and a violation of this chapter for any cannabis business to employ any person who is not at least 21 years of age. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business;
(K) Display of cannabis business permit and state license. The original copy of any state license, cannabis business permit issued pursuant to Chapter 7.02, and any county issued business license shall be posted inside the cannabis business in a location readily visible to the public;
(L) Background check. Pursuant to Cal. Penal Code §§ 11105(b)(11) and 13300(b)(11), which authorizes county authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, contract employee, or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Sheriff or his/her designee(s) for a background check by the Sheriffs Office. Pursuant to Cal. Penal Code §§ 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record. No person shall be issued a permit to operate a cannabis business or a related work permit unless they have first cleared the background check, as determined by the Sheriff or his/her designee, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the county to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a cannabis business permit is submitted;
(M) Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises. The cannabis business shall notify the Sheriff’s Office if anyone continues to loiter around the building or premises after reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner;
(N) Permits and other approvals. Prior to the establishment and/or operation of any cannabis business, the applicant must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant government departments which may be applicable to the zoning district in which such cannabis business intends to establish and to operate;
(O) Training standards. Each cannabis business shall establish minimum training standards for employees. The Administrative Officer or his/her designee shall have the discretion to require other training for the cannabis business operations should the county identify deficiencies or non-compliance issues with county or state requirements;
(P) Records and recordkeeping. Each owner and/or operator of a cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the county, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the county a financial audit of the business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the Administrative Officer or his/her designee(s);
(Q) Each owner and/or operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this division shall be provided to the Administrative Officer or his/her designee(s) upon a reasonable request;
(R) Prior to state licensing, each cannabis business shall maintain a record of all persons, patients, collectives, and primary care givers served by the cannabis business, for a period of no less than four years. Once a state license is obtained, the cannabis business must maintain such records only to the extent permitted or required by MAUCRSA;
(S) All cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis goods for all stages of the growing and production or manufacturing, laboratory testing, and distribution processes until purchase as set forth in MAUCRSA; and
(T) Each cannabis business shall allow county officials access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the county's request, unless otherwise stipulated by the county. The county may require the materials to be submitted in an electronic format that is compatible with the county's software and hardware.
(Ord. 974, § 1, 2018)