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HomeMy WebLinkAboutOrd 766 ORDINANCE NO. 766 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY AMENDING CATHEDRAL CITY MUNICIPAL CODE SECTION 9.108.120 ("OTHER OPERATING REQUIREMENTS") OF CHAPTER 9.108, "MEDICAL MARIJUANA DISPENSARIES" WHEREAS, in 2014 the City Council enacted an Cathedral City Municipal Code Chapter 9.108 which authorizes the operation of permitted medical marijuana dispensaries within Cathedral City; and WHEREAS, Cathedral City Municipal Code Chapter 9.108 currently prohibits all cash transactions at medical marijuana dispensaries; and WHEREAS, the City wishes to reverse this prohibition and authorize cash transactions. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: Section 1. RECITALS The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. AMENDMENT OF SECTION 9.108.120, "OTHER OPERATING REQUIREMENTS (CONDITIONS OF APPROVAL)" OF THE CATHEDRAL CITY MUNICIPAL CODE Cathedral City Municipal Code Section 9.108.120 shall be amended to read as follows: 9.108.120 Other operating requirements (conditions of approval). A. In addition to any terms and conditions imposed by the planning commission pursuant to Section 9.108.100 and Chapter 9.72, dispensary operations shall only be established and managed in compliance with the following standards, which shall be included as conditions of approval in each dispensary conditional use permit: 1. All dispensaries shall comply fully with all of the applicable restrictions and mandates set forth in state laws and federal law. 2. All dispensaries shall only be open between the hours of eight a.m. and ten p.m., seven days a week. 3. Physician's referrals shall be verified by the cooperative prior to inclusion into the 1 cooperative and at least every six months thereafter. 4. All dispensaries shall maintain patient records in a secure location within the territorial jurisdiction of the city and available for the director or the city manager to review upon demand for purposes of determining compliance with the requirements of this chapter and state law. Such records shall include, without limitation a copy of the physician's referral, proof of membership in the related collective or cooperative and, if using a primary caregiver, a notarized written authorization from the patient to be represented by such primary caregiver. The information provided for purposes of this subsection shall be maintained by the city as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction. 5. All dispensaries shall maintain a current register of the names of all volunteers and employees currently working at or employed by the dispensary, and shall disclose such register for inspection by any city officer or official for purposes of determining compliance with the requirements of this chapter. 6. Medical marijuana shall be kept in a secured manner during business and non- business hours, in accordance with the required security plan. 7. Each dispensary that prepares, dispenses, or in any manner distributes edible medical marijuana products (including without limitation, brownies, cookies, lollipops, etc.) must comply with the provisions of all relevant state and local laws regarding the preparation, distribution, and sale of food. 8. Dispensaries may sell or otherwise provide medical marijuana related equipment, supplies and general information to any members of the dispensary's collective or cooperative, provided that such material is only displayed in the medical marijuana distribution area of the dispensary. A - _ = _ _= _- -_ =-- =_ - - -- - - - - - -- •- - - - 9. Dispensaries shall have an electronic point of sale system that produces historical transactional data for review by the city manager for auditing purposes. For purposes of this subsection, an "electronic point of sale system"shall mean an electronically operated register or computer system that produces an electronic or automatic paper record for all transactions associated with any product sold, rented or otherwise provided to the dispensary's members or purchased or received from them. 10. Any dispensaries must pay any applicable sales tax pursuant to federal, state, and local law. 11. On-site smoking, ingestion, or consumption of marijuana or alcohol shall be prohibited on the premises of all dispensaries. The term "premises" as used in this subsection includes the actual building, as well as any accessory structures and parking areas. The building entrance to a dispensary shall be clearly and legibly posted with a notice indicating that smoking, ingesting, or consuming marijuana on the premises or in the vicinity of the cooperative or collective is prohibited. 2 12. Unless otherwise provided in this chapter, signage for the dispensary which is viewable from the exterior of the dispensary shall be limited to name of the business only and its hours of operation. No drawings or pictures shall be permitted on signage that is viewable from the exterior of the dispensary, except that a green "Swiss Cross" may be viewable. 13. Alcoholic beverages shall not be sold, provided, stored, distributed, or consumed on the premises of a dispensary. No dispensary or its related collective or cooperative shall hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. 14. A dispensary shall be sited in a visible location that provides good views of the dispensary entrance, windows and the exterior of the premises from the public street. 15. No person under eighteen years of age shall be permitted in a dispensary, unless that person is a verified member of the dispensary's related collective or cooperative and is accompanied by a parent or legal guardian. 16. A dispensary shall not have a physician on-site to evaluate patients or to provide a recommendation for medical marijuana. Potential patients or caregivers shall not visit a dispensary without first having obtained a valid written recommendation from their physician recommending use of medical marijuana. 17. The building in which the dispensary is located as well as all operations as conducted therein, shall fully comply with all applicable rules, regulations, and laws including, but not limited to, zoning and building codes, Chapter 3.28 of this code requiring application and issuance of a business license, the Revenue and Taxation Code, the Americans with Disabilities Act, and all applicable state laws. 18. The dispensary shall not distribute, sell, dispense, or administer medical marijuana to anyone other than qualified patient members of the dispensary's related cooperative or collective and their primary caregivers. 19. The dispensary must provide the director with the name, phone number, facsimile number, and email address of an on-site community relations representative or staff person or other representative to whom the city can provide notice if there are operating problems associated with the dispensary or refer members of the public who may have complaints or concerns regarding the dispensary. The dispensary shall also provide this contact information to all neighboring businesses located within one hundred feet of the dispensary, as measured in a straight line without regard to intervening structures, between the front doors of each establishment. 20. Fully comply with and meet all operating criteria required pursuant to state laws, the provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the dispensary conditional use permit, in order to ensure that the operation of the dispensary is consistent with the protection of the health, safety, and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses. 3 21. The dispensary shall be required to utilize software approved by the City Manager or designee that tracks all marijuana from the time of planting through sale (seed to sale). B. Dispensaries.shall also be required to install/provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the dispensary that is distinctive to its operation is not detected outside the dispensary, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the dispensary. 1. As such, dispensaries must install and maintain the following equipment or any other equipment which the planning commission determines has the same or better effectiveness: a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or b. An air system that creates negative air pressure between the dispensary's interior and exterior so that the odors generated inside the dispensary are not detectable outside the dispensary. 2. For enforcement purposes, the standard for determining what constitutes an unlawful odor under this subsection shall be whether such an odor would be deemed offensive to a reasonable number of persons on an ongoing or periodic basis and personally detectable by city staff or law enforcement personnel. Section 3. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 4. ENVIRONMENTAL FINDINGS The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), because there is nothing in this chapter or its implementation that could foreseeably have any impact on the environment. Section 5. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court 4 of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 6. AMENDING OF BAIL SCHEDULE The City Attorney's Office is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 7. EFFECTIVE DATE AND SUNSET PROVISION This Ordinance shall take effect thirty(30) days after its second reading by the City Council. This ordinance shall expire six (6) months after its effective date unless it is extended by affirmative action of the City Council. Section 8. CITY ATTORNEY REVIEW The City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the Municipal Code. Section 9. EXECUTION AND CERTIFICATION The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on September 9, 2015 by the following vote: Ayes: Councilmember Kaplan; Mayor Pro Tem Pettis and Mayor Henry Noes: Councilmember Carnevale Abstain: None Absent: Councilmember Aguilar .00 Tan ley E.menry, or 5 ATTEST: 411110 _- r •�i Gary F. Howell, City Clerk APPROVED AS TO FORM: / . Charles R. Green, City Attorney P:\APPS\WPDATA\CATH\0001-20 GENL Medical Marijuana\DOC\089 - Cash Transaction Ord. (08.13.15).doc 6