(A) Out of county delivery services. Notwithstanding the provisions of this section, out of county delivery services are not expressly prohibited. Any out of county delivery service shall be required to obtain a cannabis business permit pursuant to this chapter prior to delivering any cannabis and/or cannabis product to any customer or purchaser in the county.
(B) The delivery of cannabis goods within the county shall only be conducted by state licensed retailers located outside of the county, including microbusinesses with a retail component, which hold a valid authorization to engage in commercial cannabis activities from the local jurisdiction of origin.
(C) Prior to commencing operations within the county, an out of county delivery service shall be required to:
(1) Obtain a cannabis business permit from the county in order to deliver cannabis goods within the county regardless of whether the retailer or microbusiness is located in a local jurisdiction;
(2) Provide a list of all its delivery employees;
(3) Obtain cannabis employee work permits for any employee making deliveries within the county for the out of county delivery service, including those employees operating any motor vehicle used during delivery;
(4) Provide the make, model, license plate number, and VIN number of all delivery vehicles that will be used to deliver cannabis goods; and
(5) Ensure the delivery vehicles meet the requirements of division (H).
(D) The information listed in (C)(4) shall be required for any new delivery vehicle prior to using the delivery vehicle within the county.
(E) The out of county delivery services shall maintain an accurate list of all its delivery employees and delivery vehicles, and shall notify the county in writing within 30 calendar days whenever any changes to the information required by this section occur.
(F) Time, place, and manner requirements.
(1) An out of county delivery service shall be limited to operating within the county only during the hours of 7:00 a.m. through 9:00 p.m., seven days a week, or as set forth in the conditions of the cannabis business permit.
(2) An out of county delivery service shall not deliver cannabis goods to any address located on publicly owned land or any address on land or in a building leased by any public agency.
(3) All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unmanned vehicle.
(4) An out of county delivery service shall comply with all requirements of state and local law pertaining to the state license, the local jurisdiction of origin's authorization to engage, in commercial cannabis activity, and the cannabis business permit, and all subsequent policies, procedures, and regulations which may be amended by the Administrative Officer from time to in order to enforce this chapter.
(G) Conduct of out of county delivery service employees. While making deliveries within the county, an employee of an out of county delivery service shall:
(1) Only travel in an enclosed motor vehicle operated by themselves or by another employee of the out of county delivery service, each of whom are independently required to obtain a cannabis employee work permit;
(2) Only sell cannabis goods to a natural person 21 years of age or older, or a natural person 18 years of age or older who possesses a physician's recommendation for cannabis medical use only, as applicable and authorized by the state license;
(3) Ensure the cannabis goods are not visible to the public;
(4) Ensure the cannabis and/or cannabis goods are locked in a box that is secured to the inside of the delivery vehicle;
(5) Carry a valid copy of each of the following:
(a) The out of county delivery service's state license;
(b) The local jurisdiction of origin's authorization to operate;
(c) A valid cannabis business permit;
(d) Valid cannabis employee work permits for each employee making deliveries;
(e) The employee's government-issued identification; and
(f) An employer provided badge containing a picture and the name of the delivery employee;
(6) Carry proper shipping manifest documentation which includes the following information:
(a) The name of the out of county delivery service;
(b) The names of the authorized drivers;
(c) The type and quantity or amount of cannabis goods being transported;
(d) The unique identifiers issued by the Department of Food and Agriculture pursuant to Cal. Health and Safety Code § 11362.777;
(e) The quantity and weight or amount of cannabis goods being transported;
(f) The time and location of departure;
(g) The time and location of the expected arrival; and
(h) The make, model, and license plate number of the delivery vehicle;
(7) Not leave cannabis goods in an unattended motor vehicle unless the motor vehicle is equipped with an active vehicle alarm system; and
(8) Not carry cannabis goods valued in excess of $5,000 at any time. This value shall be determined using the retail price of all cannabis goods carried by the out of county delivery service.
(H) Delivery vehicle requirements. Each delivery vehicle must be:
(1) Non-conspicuous and shall not display signs, logos, pictures, or any other form of advertisement which can be detectable by a bystander or observer that the delivery vehicle may be used for, or is, carrying cannabis goods; and
(2) Outfitted with a dedicated global positioning system ("GPS") device for the identifying the geographic location of the delivery vehicle. A dedicated GPS device does not include a phone or tablet. The GPS device shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active and inside of the delivery vehicle at all times during the delivery. At all times, the licensed delivery service shall be able to identify the geographic location of the delivery vehicles that are making deliveries for the delivery service and shall provide the information to the county upon request.
(Ord. 974, § 1, 2018)