Section
5.96.010 Purpose.
5.96.020 Cannabis permitted uses and zoning.
5.96.030 Commercial cannabis business minimum operational requirements and restrictions.
5.96.040 Mobile deliveries and business license.
5.96.050 Regulatory permit and retail license required.
5.96.060 Employee permit required.
5.96.070 Application fees.
5.96.080 Investigation and action on application.
5.96.090 Term of permits and renewals.
5.96.100 Grounds for denial of regulatory permit.
5.96.110 Grounds for denial of employee permit.
5.96.120 Notice of decision and final action.
5.96.130 Suspension and revocation of regulatory permit or employee permit.
5.96.140 Effect of denial or revocation.
5.96.150 Abandonment.
5.96.160 Water availability.
5.96.170 Other licenses, permits, taxes, fees, or charges.
5.96.180 Violation deemed misdemeanor.
5.96.190 Actions to collect.
5.96.200 Severability.
5.96.210 Remedies cumulative.
5.96.220 Amendment or repeal.
5.96.230 Penalties.
5.96.240 Definitions.
5.96.250 Packaging, design and marketing.
(A) It is the purpose of this chapter to allow retail sales, with a regulatory permit and a retail license, of recreational and medicinal cannabis from persons or entities that are duly licensed and authorized under state and local law in the City of Tulare.
(B) Manufacturing, cultivation, distribution, or any other activity required to have a state license, besides a retail license, is not permitted in any zone within the city.
(1995 Code, § 5.96.010) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)
Retail sales shall only be allowed in a storefront, in an area zoned C-4 or C-3, at least 600 feet away from any school, or any other cannabis storefront, and in compliance with all other state and local laws. (See Title 10 for zoning designations.) No distinction shall be made between medicinal and recreational storefronts in this chapter.
(Ord. 2021-02, passed 10-5-2021; Ord. 19-12, passed 4-21-2020)
The following operational requirements and restrictions shall apply to all commercial cannabis businesses:
(A) State law. The commercial cannabis business shall at all times be in compliance with state law and the implementing regulations, as they may be amended from time to time, as well as all required state licenses under state law, and any other applicable state law. The operator shall obtain required licenses under state law prior to opening for business. If the operator uses the approved cannabis operations for commercial recreational cannabis, the operator shall meet or exceed the health and safety requirements of state law in any operations relating to recreational cannabis.
(B) Register of employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be available to the City Manager or their designee at all times, and immediately upon request.
(C) Signage. Signage which advertises the business shall be allowed. However, there shall be no signage, markings, text, logos, artwork, etc., on the premises, or off-site, which in any way evidences that commercial cannabis businesses are occurring on the property. Interior building signage evidencing commercial cannabis business is occurring on the property is permissible provided the signage is not visible outside of the building. Signage must comply with all other city requirements for signage.
(D) Cannabis consumption. No cannabis shall be smoked, ingested or otherwise consumed on the premises. Adequate signage of this prohibition shall be displayed throughout the facility.
(E) Alcoholic beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.
(F) Distribution. Distribution of cannabis into city limits to a cannabis business shall be conducted according to state law.
(G) Minors. It shall be unlawful for any operator to employ any person who is not at least 21 years of age, or any older age if set by the state.
(H) Distance separation from schools and residences. Commercial cannabis business shall comply with the distance separation requirements from residences and schools as required by state law. In addition, a cannabis operation shall not be located within 600 feet from any existing residence, school, or proposed school site as identified in the general plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
(I) Hours of operation. Commercial cannabis operations shall be allowed to operate between 8:00 a.m. and 8:00 p.m. Deliveries to the commercial cannabis business may only take place, and must be completed, during regular business hours.
(J) Building and related codes. Commercial cannabis operations shall be subject to the following requirements:
(1) The premises in which the cannabis business occurs shall comply with all applicable local, state and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.
(2) The responsible party shall ensure that the premises has sufficient electrical load for the storage of cannabis. The use of generators is prohibited other than for temporary emergency use.
(3) Employee training records and safety equipment must be maintained, and all equipment must be compliant with state safety regulations in §§ 40100 through 41099, as they may be amended. The Tulare Police Department shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.
(K) Odor control. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside the premises, outside the building housing the cannabis business, or anywhere on adjacent property or public rights-of-way. As such, Cannabis businesses must install and maintain the following equipment or any other equipment which the City Building Official determines has the same or better effectiveness, if a smell extends beyond a property line:
(1) An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or
(2) An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
(L) Secure building. All commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. Notwithstanding the foregoing, the roof may be of solid translucent material provided other security measures exist to ensure that the cannabis operation cannot be seen, heard or smelled beyond the property line. The precise building construction and material to be used shall be identified and provided to the city prior to construction and provided with the application.
(M) Premises security. The City Council shall set premises security requirements by resolution and the Chief of Police shall enforce.
(Ord. 19-12, passed 4-21-2020)
(A) Mobile deliveries from a commercial cannabis business with a regulatory permit shall be allowed within the city limits. Commercial cannabis businesses located outside of city limits and who deliver into the city limits must obtain a City of Tulare business license and pay all appropriate fees and taxes when due.
(B) All deliveries shall be conducted in accordance with regulations and standards approved by the Chief of Police.
(Ord. 19-12, passed 4-21-2020)
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