(a) Before cultivating industrial hemp within the County, a person must register with the County Agricultural Commissioner and comply with the registration requirements of Food and Agricultural Code §§ 81003 through 81005.
(b) The County Agricultural Commissioner may refuse to accept a registration, including a renewal registration, for any premises upon which an industrial hemp activity is being conducted, or is proposed to be conducted, in violation of this Chapter.
(c) Every applicant for an industrial hemp registration must show proof of ownership or a notarized lease agreement to show they have the present ability to cultivate or manufacture on the property subject to the applicable entitlements. In addition to the notarized lease agreement, an applicant that does not own the property where industrial hemp is to be grown must submit a notarized form from the owner with their registration application acknowledging that industrial hemp is to be grown on the property and that the owner understands that any violations of this Chapter may result in all applications to cultivate industrial hemp on their property being denied pursuant to § 33.1611 (Administration and Enforcement).
(d) The person who registers to cultivate industrial hemp pursuant to this Chapter must provide photographic identification, in a form acceptable to the County Agricultural Commissioner, with their registration for copying and keeping by the County Agricultural Commissioner. If the person is a sole proprietor, a partnership, a limited liability corporation, or any other type of corporate form, photographic identification for all key participants, as defined by Code of Regulations Title 3, § 4902, shall be required.
(e) No registration or renewal shall be granted without the proper entitlements first being issued for the property as required by Title 8 of the County Code (the Development Code).
(f) The acceptance of a registration pursuant to this Chapter shall not be deemed or construed to be a permit for or approval of any violation of this Chapter.
(g) Every applicant required to submit a bond pursuant to § 33.1609 shall submit a bond or other form of security acceptable to the County Agricultural Commissioner in the amount of 100 percent of the estimated cost to fully abate all industrial hemp that will be grown on the site in the event that it does not meet requirements for legal harvest under applicable laws and regulations. The financial security provided shall be released to the applicant after the County Agricultural Commissioner determines that the security is no longer needed or once the registration is no longer valid.
(h) The acceptance of a registration shall not prevent an enforcement officer from thereafter requiring correction of a violation or from preventing the industrial hemp activity being carried out when in violation of this Chapter.
(i) A registration issued by the County Agricultural Commissioner under this Chapter does not grant any entitlement or interest in real property, nor does it create any interest of value, and it does not run with the land. A person that has obtained a registration from the County Agricultural Commissioner shall not transfer ownership or control of the registration to another person as the registration is non-transferable and automatically terminates upon transfer of ownership. Any attempt to transfer ownership shall cause the registration to be automatically revoked.
(Ord. 4445, passed - -2022)