HomeMy WebLinkAboutOrd 829 ORDINANCE NO. 829
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING SECTION
5.88.035 OF THE CATHEDRAL CITY MUNICIPAL CODE
REGARDING TEMPORARY CANNABIS EVENTS
WHEREAS, the State's Bureau of Cannabis Control issues licenses to temporary
cannabis event organizers and for temporary cannabis events put on by those licensed
organizers; and
WHEREAS, the State regulates the conduct of temporary cannabis events in Title 16 of
the California Code of Regulations, Section 5601-5604; and
WHEREAS, the City's cannabis business licensing requirements do not specifically
address how the City's licensing requirements apply to temporary cannabis events; and
WHEREAS, the City Council desires to allow temporary cannabis events to occur in the
City in compliance with State regulations and with conditions of approval imposed by the City
through a Special Use Permit for the event.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. AMENDMENT OF SECTION 5.88.035.
Section 5.88.035 of the Cathedral City Municipal Code is amended to read as follows:
"5.88.035 Local license required.
A. It is unlawful to operate any cannabis business in Cathedral City without first having obtained
a local license under this chapter. Notwithstanding the foregoing, a temporary cannabis event
organizer and cannabis businesses participating in a temporary cannabis event put on by a
temporary cannabis event organizer are not required to obtain a license under this chapter
provided that the organizer and participants comply with paragraph D below.
B. Beginning January 1, 2018, it is unlawful for a cannabis business to operate in the city unless
it has been granted the appropriate temporary or permanent state license(s) for its commercial
cannabis activities. Notwithstanding the foregoing, any licensee operating in the city prior to
January 1, 2018 may continue to operate without a state license provided that it applies for the
appropriate temporary or permanent license(s) from the state no later than forty-five days from
the date that the State begins accepting applications. If the state denies the application for a
temporary or permanent license(s) for any reason, the cannabis business must cease operations
until such time as it obtains the appropriate temporary or permanent state license(s).
C. The city may grant a local license prior to the applicant having obtained a state license. A
cannabis business must possess the requisite state and local licenses prior to receiving a
certificate of occupancy from the city.
D. The city may permit temporary cannabis events by granting the applicant a special use permit
for the event in accordance with the procedures for special use permits established in Chapter
9.68 of this code. Notwithstanding any provision in Chapter 9.68 to the contrary, the city council
shall have the authority to approve, conditionally approve or deny a special use permit for a
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temporary cannabis event. A special use permit for a temporary cannabis event shall only be
granted to a person who holds a cannabis event organizer license issued by the California Bureau
of Cannabis Control, a copy of which must be submitted with the special use permit application.
The applicant shall provide the city with a copy of the temporary cannabis event license approved
by the State prior to the commencement of the temporary cannabis event. Temporary cannabis
events shall comply with all regulations set forth in 16 C.C.R. §§ 5601-5604, as they may be
amended from time to time. Temporary cannabis event organizers and cannabis businesses
participating in a temporary cannabis event shall not be subject to the cannabis business
operational requirements in Sections 5.88.065 through 5.88.100, inclusive, of this chapter or
Sections 9.108.070 and 9.108.080 of this code, but the city council may apply appropriate
conditions of approval on the operation of the temporary cannabis event pursuant to Section
9.28.060. Cannabis event organizers and cannabis businesses that participate in temporary
cannabis events are subject to the tax imposed in Section 3.48.020 of this code."
SECTION 2. CEQA
This ordinance is not subject to review under the California Environmental Quality Act
(CEQA) pursuant to sections 15060(c)(2) and 15061(b)(3) because there is no possibility that the
regulations contained herein will cause a significant effect on the environment. This Ordinance
does not permit any temporary cannabis events to occur without discretionary approval by the
City.
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 13th day of
November, 2019.
APPROVED AND ADOPTED this 11th day of December, 2019, by the following vote:
Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem
Noes: Roreaory and Mayor Aguilar
Absent: None
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Abstain: None (�
Gts
IC:
o Aguilar, May
ATTEST:
Tracey Martinez, City Clerk
1
APPROVED AS TO FORM:
�e '
Eric S. Vai , City Attorney
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