(A) All commercial cannabis activities occurring at a cannabis business site shall comply with the provisions of this chapter, as well as all applicable state and local laws.
(B) Each cannabis business shall operate in a reasonable manner such that the effects on the health or safety of nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts of commercial cannabis activities are minimized.
(C) Commercial cannabis activities shall not create hazards due to the use or storage of materials, processes, products, chemicals, fertilizers, or wastes.
(D) Exterior lighting at the cannabis business site shall ensure the safety of the public and the members and employees of the facility while not disturbing surrounding residential or commercial areas, and shall comply with all applicable provisions of Chapter 19.31 regarding exterior lighting in furtherance of the preservation and protection of "dark skies" within the county. Illumination of any portion of the cannabis business site between the hours of darkness by lighting that is visible from the exterior of the cannabis business site, except such lighting as is reasonably utilized for the security of the cannabis business site, is prohibited.
(E) Driveways, sidewalks, parking strips, fire access roads and streets on or adjacent to the premises shall be kept in a clean and safe condition.
(F) 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.
(G) Restriction on alcohol. The sale, dispensing, or consumption of alcoholic beverages on or about a cannabis business facility or in its parking area is prohibited.
(H) Hours of operation. A cannabis business may operate only during the hours specified in the conditional use permit issued under Title 25 and/or the cannabis business permit issued by the county under Chapter 7.02.
(I) Age. No person under the age of 21 years shall operate a cannabis business, or be issued a permit for any commercial cannabis activity of any kind.
(J) 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.
(K) 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 paragraph shall be provided to the Administrative Officer or his/her designee(s) upon a reasonable request.
(L) 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 18 Cal. Code of Regulations §§ 3702 et seq., 3 Cal. Code of Regulations §§ 8407 et seq., and other applicable regulation adopted by the State of California.
(M) 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.
(N) Restriction on alcohol and tobacco sales.
(1) No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business.
(2) No person shall cause or permit the sale or tobacco products on or about the premises of the commercial cannabis business.
(3) No person shall consume cannabis, cannabis products, tobacco, or alcohol on the premises of any commercial cannabis business.
(O) Restriction on consumption. Cannabis shall not be consumed by any employee of any cannabis business at the cannabis business site, or during any commercial transfer, including, but not limited to, delivery and/or distribution.
(P) No cannabis goods or graphics depicting cannabis goods shall be visible from the exterior of any cannabis business, or on any of the vehicles owned or used as part of the cannabis business.
(Q) No outdoor storage of cannabis goods is permitted at any time.
(R) Signage and notices. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of this code including, but not limited to, seeking the issuance of a sign permit from the county.
(1) No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
(2) Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
(3) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
(4) Signage shall not be directly illuminated, internally or externally. No banners, flags, billboards, or other prohibited signs may be used at any time.
(5) In accordance with state law and regulations or as stipulated in the applicable permit issued pursuant to Title 25 and/or Chapter 7.02, a cannabis business shall agree that, as an express and ongoing condition of operating, the holder of the permit shall be prohibited from utilizing any of the following to advertise any cannabis business located in the county, including, but not limited to, a billboard (fixed or mobile), bus shelter, placard, aircraft, and/or other similar forms of advertising. This division is not intended to place limitations on the ability of a cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
(S) Odor control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the Resource Management Director or his/her designee determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
(T) Display of permit and county business 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.
(Ord. 975, § 1, 2018; Ord. 1036, § 14, 2021)