HomeMy WebLinkAboutOrd 827 ORDINANCE NO. 827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING CHAPTER 5.88
OF THE CATHEDRAL CITY MUNICIPAL CODE TO ESTABLISH
A CANNABIS INDUSTRY EMPLOYEE IDENTIFICATION CARD
PROGRAM
WHEREAS, Chapter 5.88 of the Code requires licensed cannabis businesses to conduct
a background check on every individual who will work within the cannabis business as an
employee, independent contractor or volunteer, and to keep a copy of the background check on
file; and
WHEREAS, the City Council desires to amend the Code to eliminate this requirement and
instead require individuals who desire to work within a cannabis business to obtain a cannabis
industry employee identification card from the City, which will be portable and allow individuals to
work at multiple cannabis businesses.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment of Chapter 5.88.
Section 5.88.065(D)-(E) are amended to read as follows:
"D. Background Checks. Prior to commencing any work within a cannabis business, any
individual who will work within a licensed premises or have access to cannabis or cannabis-
products must submit to a background check that demonstrates they are of good moral character
and receive a cannabis industry worker identification card from the City. The background check
must include fingerprinting for criminal history conducted by the Cathedral City police department
or any other entity determined to be satisfactory by the Cathedral City police department. Each
cannabis industry worker identification card issued shall expire after two years unless renewed.
A decision to deny or not renew a cannabis industry worker identification card may be appealed
in accordance with Section 5.88.060. A cannabis industry worker identification card may be
revoked or suspended by the City at any time, in accordance with the procedures in Chapter
13.150 of this Code, if it is determined that the card holder is no longer of good moral character.
A cannabis business shall not employ or utilize the services of any individual who is required to
have a City-issued cannabis industry worker identification card less that individual possesses a
valid City-issued cannabis industry worker identification card at all times, regardless of whether
the individual is an employee, independent contractor, or volunteer. The City may charge a fee
to recover its reasonable costs of processing and issuing cannabis industry worker identification
cards in an amount established by resolution of the City Council.
E. Worker Register. Cannabis businesses must maintain a complete register of all persons
that work at the licensed premises or have access to cannabis or cannabis products, whether as
an employee, independent contractor, or volunteer. This register must include:
1. The individual's complete name, address, and last known telephone number;
2. The individual's hire date and, if applicable date of termination;
3. A copy of the individual's City-issued cannabis industry worker identification card;
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The register and required records must be made available for inspection by any city officer
or official for purposes of determining compliance with the requirements of this chapter during
standard business hours of the licensed facility or at any other reasonable time."
SECTION 2. CEQA.
The City Council hereby finds that this Ordinance is exempt from the California
Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines
because it can be seen with certainty that this Ordinance does not have the potential to cause a
significant effect on the environment.
SECTION 3. Effective Date.
This Ordinance shall be effective 30 days from and after its final passage.
SECTION 4. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, then such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Cathedral City hereby declare they would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Publication.
The City clerk is authorized and directed to cause this Ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated within the
City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be
published in the manner required by law using the alternative summary and pasting procedure
authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Cathedral City City Council on the 11th day of September,
2019.
APPROVED AND ADOPTED this 25th day of September, 2019.
Mark arnevale, ayor
ATTEST: APPROVED AS TO FORM:
Tracey Martinez, City Clerk 1 Eric S. Vail, City Attorney
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The foregoing Ordinance was approved and adopted at a meeting of the City Council held
on September 25, 2019, by the following vote:
Ayes: Councilmember Lamb, Gutierrez and Gregory; Mayor Pro Tem
Aguilar and Mayor Carnevale
Noes: None
Abstain: None
Absent: None
Tracey Martinez, CMC
City Clerk
Cathedral City