HomeMy WebLinkAboutOrd 800 ORDINANCE NO. 800
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING CHAPTER 5.88
OF THE CATHEDRAL CITY MUNICIPAL CODE TO ALLOW
ADULT-USE CANNABIS BUSINESSES AND MAKE OTHER
AMENDMENTS RELATED TO LICENSING OF CANNABIS
BUSINESSES
WHEREAS, in 1996, California voters enacted Proposition 215, which was entitled the
Compassionate Use Act(the"CUA") of 1996, and was codified in California Health and Safety Code
Section 11362.5, which decriminalized the possession and cultivation of medicinal marijuana for
limited personal medicinal purposes; and
WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medicinal
Marijuana Program (the "MMP"), which, as codified in California Health and Safety Code Section
11362.7 et seq., was intended to clarify the CUA's scope and immunize from criminal prosecution,
under specified state laws, certain activities and conduct related to the provision of medicinal
marijuana to qualified patients; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643
(collectively, the "Medicinal Cannabis Regulation and Safety Act" or "MCRSA") were enacted to
create a state regulatory and licensing system governing the cultivation, testing, and distribution
of medicinal cannabis, the manufacturing of medicinal cannabis products, and physician
recommendations for medicinal cannabis; and
WHEREAS, MCRSA expressly preserved local control over medicinal cannabis facilities
and land uses; and
WHEREAS, on November 8, 2016, the voters of the State of California approved
Proposition 64, entitled the "Control, Regulate and Tax Adult Use of Marijuana Act" (the "AUMA"),
which legalizes and regulates the adult use of non-medicinal marijuana in California; and,
WHEREAS, on June 27, 2017, the Governor signed Senate Bill 94, which repealed
MCRSA and included certain provisions from MCRSA regarding medicinal marijuana in the
AUMA; and
WHEREAS, Senate Bill 94 renamed the AUMA as the Medicinal and Adult-Use Cannabis
Regulation and Safety Act ("MAUCRSA"); and
WHEREAS, Business and Professions Code section 26200, which is part of MAUCRSA,
expressly recognizes the ability of cities to adopt and enforce ordinances to regulate cannabis
businesses, including, but not limited to, local licensing requirements; and,
WHEREAS, Article XI, Section 7 of the California Constitution provides a city may make
and enforce within its limits all police, sanitary and other ordinances and regulations not in conflict
with general laws; and
WHEREAS, Cathedral City licenses and regulates medicinal cannabis businesses as
permitted by state law;
WHEREAS, Cathedral City desires to amend its existing licensing regulations to allow
cannabis businesses that engage in adult-use related activities in addition to medicinal cannabis
businesses as permitted by state law;
WHEREAS, it is the purpose and intent of this ordinance to regulate cannabis businesses
in a manner that is consistent with State law and which promotes the health, safety, and general
welfare of citizens of Cathedral City and limits impacts associated with such businesses; and
WHEREAS, nothing in this ordinance shall be construed to allow persons to engage in
conduct that endangers others or causes a public nuisance or allow any activity that is otherwise
illegal under California state law.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment of Chapter 5.88.
Chapter 5.88 of the Cathedral City Municipal Code is hereby renamed "Cannabis
Businesses" and the Chapter is hereby repealed in its entirety and replaced with the provisions
shown in Exhibit A to this Ordinance.
SECTION 2. CEQA.
The adoption of this Ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) pursuant to California Business and Professions Code section 26055(h),
which provides that CEQA"does not apply to the adoption of an ordinance, rule, or regulation by
a local jurisdiction that requires discretionary review and approval of permits, licenses, or other
authorizations to engage in commercial cannabis activity."
SECTION 3. Effect on Existing Licenses.
Upon the effective date of this Ordinance, any valid license previously approved by the
City under Chapter 5.88 for a medicinal cannabis business shall be deemed to allow the use to
engage in commercial cannabis activity related to adult-use of cannabis consistent with State law
and the use's conditional use permit from the City.
SECTION 4. Effective Date.
This Ordinance shall be effective 30 days from and after its final passage.
SECTION 5. 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 6. 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 October,
2017.
APPROVED AND ADOPTED this 25th day of October, 2017 by the following vote:
Ayes: Council Members Aguilar, Carnevale and Kaplan; Mayor Pro Tem Pettis and
Mayor Henry
Noes: None
Abstain: None
Absent: None
Stanley E. Henry, Mayor
ATTEST: APPROVED AS TO FORM:
Gary F. Howell, City Clerk Eric S. Vail, City Attorney
EXHIBIT "A"
Chapter 5.88 CANNABIS BUSINESSES
5.88.010 Purpose and intent.
A. This chapter shall provide for the regulation and licensing of medicinal and adult-
use cannabis businesses throughout the city in conformance with applicable state and local
laws and regulations pertaining to medicinal and adult-use cannabis.
B. The city council finds that it is necessary for Cathedral City to adopt local
licensing standards for medicinal and adult-use cannabis businesses for the purpose of
controlling and regulating the cultivation, distribution, transport, storage, manufacturing,
processing, and sale of medicinal cannabis and medicinal cannabis products to qualified
patients, and adult-use cannabis and adult-use cannabis products to adults 21 years of age and
over.
C. The purpose of this chapter is to regulate all commercial cannabis activity in
Cathedral City, as defined in the MAUCRSA, to the extent authorized by state law and in a
manner designed to minimize negative impacts on the city and neighboring uses, and promote
the health, safety, morals, and general welfare of residents and businesses within the city.
5.88.015 Findings.
The cit council finds and determines that local licensing standards
pertaining to
Y 9 p 9
cannabis business activities are necessary to protect the public health and safety. The city
council further finds that public health and safety is best served by the adoption of the ordinance
codified in this chapter.
5.88.020 Relationship to other laws.
A. Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in the MAUCRSA. In the event of any conflict between
the provisions of this chapter and the provisions of the MAUCRSA or any other applicable state
or local law, the more restrictive provision shall control.
B. Except as expressly stated herein, cannabis businesses must comply with all
other city codes and regulations. Nothing in this chapter shall be construed as permitting a
cannabis business to operate at any time in a manner that is in violation of all other applicable
state and local laws.
5.88.025 Definitions.
Unless otherwise defined herein, the terms in this chapter shall have the same meaning
as set forth in the MAUCRSA and any rules promulgated pursuant thereto. In addition, the
following terms shall be defined as follows:
"Cannabis business" means any person engaged in commercial cannabis activity.
"Certificate of accreditation" means a certificate issued by an accrediting body to a
licensed testing laboratory, entity, or site to be registered in the state.
"City" means Cathedral City, California.
"City manager" shall mean the city manager of the city or duly authorized designee.
"Community development director" shall mean the community development director of
the city or duly authorized designee.
"Dispensary" means a cannabis business that engages in the retail sale and delivery of
cannabis or cannabis products to customers. A dispensary, as that term is used in this code, is
a "retailer" under the MAUCRSA.
"Distributor" means a cannabis business that engages in the distribution and
transportation of cannabis and cannabis products to other cannabis businesses.
"Distribution site" means a facility where cannabis and cannabis products are stored or
inspected by a distributor for the purposes of distribution.
"Good cause" for purposes of denying an initial local license issuance, for suspending or
revoking a local license, or for denying a local license renewal, means:
1. The applicant or licensee has violated any of the terms, conditions or provisions
of this chapter, of state law, of any regulations and rules promulgated pursuant to state law, any
applicable local rules and regulations, or any special terms or conditions placed upon its
conditional use permit, state license, or local license;
2. The premises has been or is proposed to be operated in a manner that adversely
affects the public health, safety or welfare or the safety of the immediate neighborhood in which
the establishment is located;
3. The applicant or licensee has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal form, or any other
document submitted to the city;
4. The criminal history of the applicant's or licensee's owner(s) indicates that one or
more of the owner(s) lack good moral character;
5 An owner of the applicant or licensee is a licensed physician providing
physician's recommendation to qualified patients for medicinal cannabis;
6. The applicant or licensee, or any owner of the applicant or licensee, operated a
cannabis business in violation of this chapter or chapter 9.108 of the code;
7. The applicant or licensees, or any owner of the applicant or licensee, is a person
who is prohibited from holding the license under this chapter.
8. The premises proposed to be licensed or the licensed premises is located on
land that is owned by the United States and held in trust for any federally-recognized Indian
tribe or any member of the tribe, or that is subject to a restriction on alienation imposed by the
United States.
9. For renewals, suspensions and revocations, the licensee has allowed a person
whose criminal history indicates that person is not of good moral character to work within the
premises as an employee, independent contractor, or volunteer; or
10. For renewals, suspensions and revocations, the licensee fails to allow inspection
of the security recordings, activity logs, or business records of the licensed premises by city
officials;
"Good moral character" means having a personal history that demonstrates the
propensity to serve the public in the licensed area in a manner that reflects openness, honesty,
fairness, and respect for the rights of others and for the law. In determining good moral
character, the following standards shall apply:
1. A person who has been convicted of any of the following offenses shall not be
considered to be of good moral character:
a. A violent felony, as specified in Penal Code section 667.5(c);
b. A serious felony, as specified in Penal Code section 1192.7(c);
C. A felony conviction involving fraud, deceit, or embezzlement;
d. A felony conviction for hiring, employing, or using a minor in transporting,
carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a
minor;
e. A felony conviction for selling, offering to sell, furnishing, offering to
furnish, administering, or giving any controlled substance to a minor;
f. A felony conviction for drug trafficking with enhancements pursuant to
Section 11370.4 or 11379.8 of the Health and Safety Code.
2. Except as provided in paragraph 1 of this definition, and notwithstanding Chapter
2 of Division 1.5 of the California Business and Professions Code, a prior conviction where the
sentence, including any term of probation, incarceration, or supervised release is completed for
possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis
shall not be the sole ground for a determination that a person lacks good moral character
3. An owner of a licensee who is convicted of any controlled substance felony
subsequent to issuance of a local license shall be deemed to lack good moral character.
"Identification card" or"ID card" means a valid identification card issued pursuant to
Section 11362.7 et seq., of the California Health and Safety Code.
"Identification card holder" or"ID card holder" means an individual who is a qualified
patient who has applied for and received a valid ID card pursuant to Article 2.5 of Chapter 6 of
Division 10 of the California Health and Safety Code.
"Licensed premises" means a premises for which a local license has been issued
pursuant to this chapter.
"Licensee" means a person who has been issued a local license pursuant to this
chapter.
"Limited access area" means a building, room or other area that is part of the licensed
premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to
other cannabis businesses with limited access to only authorized personnel.
"Local license" means a license granted by the local licensing authority, pursuant to this
chapter.
"Local licensing authority" means the city manager.
"Manufacturing site" means a premises where a manufacturer engages in the
manufacture of cannabis products.
"Medicinal cannabis patient" means both a qualified patient without an identification card
and an ID card holder.
"Medicinal and Adult-Use Cannabis Regulation and Safety Act" or"MAUCRSA" means
Division 10 of the California Business and Professions Code.
"Owner' means any of the following:
(1) A person with an aggregate ownership interest of 10 percent or more in the person
applying for a license or a licensee, unless the interest is solely a security, lien, or
encumbrance.
(2) The chief executive officer of a nonprofit or other entity.
(3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the
person applying for a license.
"Physician," as used in this chapter, shall mean an individual who possesses a license in
good standing to practice medicine or osteopathy from the state of California.
"Primary caregiver" shall have the meaning set forth in Section 11362.7(d) of the
California Health and Safety Code.
"Qualified patient" shall have the meaning set forth in Section 11362.7(f) of the California
Health and Safety Code.
"Seed to sale software" means the track and trace inventory control system established
pursuant to Section 26067 of the California Business and Professions Code that utilizes a
unique identifier pursuant to Section 26069 of the California Business and Professions Code
and tracks transfers of cannabis from seed through sale. Until such a time that the state of
California implements Section 26067 of the California Business and Professions Code, the
"seed to sale software" shall refer to the third-party tracking software required by Section
5.88.065(P) of this chapter. ,
"State law(s)" shall mean and include California Health and Safety Code Section
11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections
11362.7 to 11362.85 (Medicinal Marijuana Program Act); the MAUCRSA, and all other
applicable laws and regulations of the state of California.
"State license" means a state license issued under MAUCRSA, and includes both an A-
license and an M-license, as well as a testing laboratory license.
"State licensing authority" shall mean the state agency responsible for the issuance,
renewal, or reinstatement of a state license, or the state agency authorized to take disciplinary
action against a state licensee.
5.88.030 Local license in addition to business license or other permit.
The local license required by this chapter shall be in addition and supplemental to any
other business license or any permit required by any ordinance of the city.
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.
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 (45) 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.
5.88.040 Local license application process.
A. The local licensing authority shall not accept an application for a dispensary
proposed to be located south of Interstate 10 after November 23, 2016.
B. All applications for local licenses required pursuant to this chapter shall be made
upon current forms prescribed by the local licensing authority. All applications for local licenses
must be accompanied by the application fee as established by resolution of the city council as
amended from time to time.
C. An applicant shall file with the local licensing authority the following at the time of
application for a local license:
1. An operating plan for the proposed cannabis business including the
following information:
a. A general description of the types of products and services to be
provided by the facility;
b. A floor plan designating all interior dimensions of the licensed
premises and the layout of the cannabis business, including all limited access areas, areas of
ingress and egress, and all security cameras. Such floor plan shall also show the principal uses
of the floor area depicted therein. For cultivation sites, such floor plan shall distinguish all
dimensions of areas in which plants are located;
C. An employee, independent contractor, and volunteer list, if one
exists; and
d. For a dispensary, a statement confirming whether delivery service
of cannabis to any location outside the premises will be provided and the extent of such service,
and in the event delivery is provided, a detailed delivery plan detailing how the dispensary will
comply with all requirements of this chapter, MAUCRSA, and any other applicable state or local
laws.
2. Authorization for the local licensing authority and community development
director to seek verification of the information contained within the application and authorization
for the chief of police to conduct background checks of the owner(s).
3. Proof of the nature of the cannabis business's organizational status, such
as articles of incorporation, by-laws, organizational minutes, partnership agreements, and other
documentation may be required by the city.
4. Proof that the applicant is, or will be, entitled to possession of the
premises for which application is made. Evidence of lawful possession consists of properly
executed deeds of trust, leases, evidence of ownership of the licensed premises, or other
written documents acceptable to the local licensing authority. The applicant must disclose
whether, to the applicant's knowledge, the premises is located on land that is owned by the
United States and held in trust for any federally-recognized Indian tribe or any member of the
tribe, or that is subject to a restriction on alienation imposed by the United States.
5. The applicant shall provide any additional information that the local
licensing authority may request to process and fully investigate the application. Failure to
provide such additional information may result in denial of the application.
D. If the application is incomplete, the applicant shall have an opportunity to cure
the incompleteness within thirty days of written notice of incompleteness by the local licensing
authority.
E. The chief of police or designee shall conduct a background check of any owner
of the cannabis business, as "owner" is defined in MAUCRSA, and shall prepare a report to the
local licensing authority on the acceptability of the background of the owner(s).
F. The local licensing authority shall issue a license to any applicant who has
submitted a complete application and paid the application fee unless the local licensing authority
finds that good cause exists to deny the license. A local license shall not be issued to a
dispensary that is proposed to be located south of Interstate 10 unless the application for the
license was made on or before November 23, 2016.
G. Upon the approval of a local license, and as a condition of the license becoming
effective, the applicant shall pay to the city the regulatory licensing fee, if any, established by
resolution of the City Council.
H. A local license issued pursuant to this chapter shall specify the date of issuance,
the period of licensure, the name of the licensee, the address of the licensed premises, and the
nature of the cannabis business licensed. All local licenses are valid for one year.
5.88.045 Conditions of approval, administrative rules.
A. The local licensing authority may place conditions upon the approval of any local
license which are, in the opinion of the local licensing authority, reasonably related to the
protection of the health, safety and welfare of the neighborhood in which the proposed licensed
premises is to be located and of the general public.
B. The local licensing authority is authorized to make rules, policies and procedures
consistent with the intent and spirit of this chapter concerning the applications, the application
process, the information required of applicants, the application procedures, and the
administration and procedures to be used and followed in the application process.
5.88.050 Changes and modifications of local licenses.
In addition to any requirements in Chapters 9.108 and 9.72 of this code, the following
requirements apply for transfers of or changes to the ownership of a licensee, modifications to a
licensed premises, and changes of location of a cannabis business.
A. Change of Ownership. Subsequent to the issuance of a local license, the
licensee shall report any transfer of ownership in the cannabis business to the local licensing
authority on forms prescribed by the local licensing authority and pay the processing fee
established by resolution of the city council. A change of ownership that solely involves a
previously approved owner no longer being an owner of the cannabis business shall be reported
to the local licensing authority within thirty (30) days of the change. A change in ownership that
involves adding a new owner to the previously approved ownership must be approved. by the
local licensing authority in advance. All proposed new owners must submit to a background
check conducted by the chief of police. The local licensing authority shall approve the change
in ownership unless there is good cause to deny the change.
B. Modification of Licensed Premises. A licensee shall not make physical changes,
alterations, or modifications to the licensed premises that materially or substantially alters the
licensed premises from the plans approved by the local licensing authority without the prior
written approval of the local licensing authority. Material changes include, but are not limited to:
an increase or decrease in the total square footage of the licensed premises or the addition,
sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress
and/or egress. Applications for modifications of licensed premises shall be made on forms
prescribed by the local licensing authority and shall be accompanied by the processing fee
established by resolution of the city council. The local licensing authority shall approve the
proposed modification if it meets all requirements of this chapter and all other applicable state
laws and city codes and ordinances, and will not present a threat to the public health, safety or
welfare.
C. Change of Location.
1. A licensee may apply to the local licensing authority to change the location
previously approved for such local license to any other place in Cathedral City, but it is unlawful
to cultivate, manufacture, distribute, test, store or sell cannabis at any such place or location
until express permission to do so is granted by local licensing authority and the city has issued a
conditional use permit to the licensee at the new location. Applications for changes of location
shall be made on forms prescribed by the local licensing authority and be accompanied by the
processing fee established by resolution of the city council.
2. In permitting a change of location, the local licensing authority may change any
existing conditions of approval on the license and/or add new conditions of approval as
determined appropriate by the local licensing authority.
3. The local licensing authority may permit a dispensary that is located south of
Interstate 10 to relocate to a new location north or south of Interstate 10. A dispensary that is
located north of Interstate 10 may only relocate to a new location that is north of Interstate 10.
5.88.055 Renewal of a local license.
A. A cannabis business that desires to renew its license shall apply for the renewal
no less than thirty days prior to the local license's expiration date. If the cannabis business files
a renewal application within thirty days prior to expiration, the cannabis business must provide a
written explanation detailing the circumstances surrounding the late filing. The local licensing
authority may accept or reject such late filing in its discretion. The local licensing authority may
elect to administratively continue a local license past its expiration date, provided that the
licensee has submitted a renewal application that is pending final action.
B. An application for renewal shall be submitted on forms provided by the local
licensing authority, accompanied by the processing fee established by resolution of the city
council. The following information shall be submitted as a part of the renewal application:
1. An up to date list of the employees, independent contractors, and
volunteers working at the licensed premises.
2. Proof that no changes to the ownership of the licensee has occurred
since last approved by the local licensing authority.
3. Proof that the licensee is still entitled to the possession and use of the
licensed premises.
4. Any other information that the local licensing authority deems necessary
to determine whether to renew the local license.
C. All owners of the cannabis business must be fingerprinted each year at renewal if
required in the discretion of the local licensing authority.
D. The local licensing authority shall renew a local license if the licensee has
submitted a complete application and paid the application processing fee, unless the local
licensing authority finds that good cause exists to deny the license renewal. Notwithstanding
the foregoing, the local licensing authority in its discretion may elect not to renew any local
license if it determines that the licensed premises has not been used for a cannabis business,
without reasonable cause as determined by the local licensing authority, for a period of at least
one year.
E. Unless administratively continued pursuant to subsection A, a local license is
immediately invalid upon expiration and the cannabis business shall cease operations. If a local
license expires, the local licensing authority may approve a renewal of the expired license at
any time up to three (3) months from the expiration date of the license. After the license has
been expired for three (3) months, the license may not be renewed by the local licensing
authority, and the holder of the expired license must apply for and obtain a new cannabis
license to resume operations.
5.88.060 Appeal of decision on local license.
Any decision regarding the local licensing authority's approval, conditional approval,
denial, of an initial local license, renewal thereof, or a change to the license requested under
Section 5.88.050 may be appealed to the city council in accordance with the provisions of
Section 2.04.100 et seq., of this code.
5.88.065 Cannabis business operational requirements.
All cannabis business must comply with the requirements set forth in this section..
A. General Obligation to Operate in Compliance. A cannabis business shall operate
in compliance with all applicable state and local laws and regulations governing cannabis
businesses.
B. General Obligation to Pay Taxes. A cannabis business must pay all applicable
taxes pursuant to federal, state, and local law, including but not limited to, the cannabis tax
required by Chapter 3.48, state and local sales and use taxes, and state excise taxes.
C. General Obligation for Compliant Facilities. The licensed premises shall fully
comply with all applicable rules, regulations, and laws including, but not limited to, building and
safety codes, and the Americans with Disabilities Act.
D. Background Checks. Prior to commencing any work within or on behalf of a
cannabis business, each employee, independent contractor or volunteer must undergo a
background check that demonstrates they are of good moral character. 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. A cannabis business shall notify the local licensing authority in writing of any felony
criminal charge or felony conviction against any owner, employee, independent contractor, or
volunteer of the cannabis business within ten days of such individual's arrest or felony
summons. Failure to make proper notification to the local licensing authority may be grounds for
disciplinary action. Licensees shall cooperate in any investigation conducted by the local
licensing authority.
E. Worker Register. Cannabis businesses must maintain a complete register of the
all persons that work at the licensed premises, 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 each background check required under subsection (D);
4. A copy of the written notification provided to the city manager after any
felony criminal charge or conviction pursuant to subsection (D).
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.
F. Employees and Volunteers Age Requirement. A cannabis business shall not
employ an individual less than twenty-one years of age, nor may a cannabis business permit an
individual less than twenty-one years of age to volunteer at the cannabis business.
Notwithstanding the foregoing, a cannabis business may employ and allow persons eighteen
years of age or older to volunteer at the cannabis business if the business holds an M-license
from the state and the state expressly permits such persons to work within the business.
G. Age Restrictions. A cannabis business may not permit an individual less than
twenty-one years of age to enter, or be within, its licensed premises, except that a cannabis
business with an M-license from the state may allow persons 18 years of age or older within the
licensed premises if they are an ID card holder or qualified patient with physician's
recommendation from a licensed physician.
H. Secure Storage of Product. Cannabis and cannabis products possessed by a
cannabis business shall be kept and stored in a secured manner at all times.
I. Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting,
or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited.
"Licensed premises" as used in this subsection includes the actual building, as well as any
accessory structures, common areas and parking areas. A sign shall be posted at each
i
entrance to a licensed premises that clearly and legibly states, "Smoking, vaporizing, ingesting,
or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is
prohibited and a violation of the Cathedral City Municipal Code."
J Prohibition on Alcohol and Tobacco Sales, Distribution, or Consumption on
Licensed Premises. A cannabis business shall not sell, provide, store, or distribute any alcoholic
beverages or tobacco products, or allow such products to be consumed on the licensed
premises.
K. On-Site Signage. On-site signage for a cannabis business that is viewable from
the exterior of the cannabis business shall comply with all local signage laws applicable to the
licensed premises, including Chapter 9.62 of this code. Signage may not be designed to appeal
to children, or contain any false or misleading statements, or make any misrepresentations.
L. Advertising. A cannabis business shall not advertise in a manner intended to
encourage persons under twenty-one years of age to consume cannabis or cannabis products.
It shall be unlawful for any cannabis business to make any claims that a product is safe because
it is tested. All advertisements, including off-site advertising signs, shall comply with Chapter 15
of MAUCRSA.
M. Display of License. A cannabis business shall display a copy of its local license
issued pursuant to this chapter in a conspicuous place at or near the entrance to the licensed
premises.
N. No Physician Evaluations on Licensed Premises. A cannabis business shall not
permit a physician to evaluate potential medicinal cannabis patients or to provide a physician's
recommendation for medicinal cannabis within its licensed premises. Cannabis businesses shall
not offer or provide any form of remuneration to a physician who provides physician's
recommendations for medicinal cannabis.
O. Community Relations Designee. A cannabis business must provide the
community development director with the name, phone number, facsimile number, and email
address of an on-site community relations representative or staff member or other
representative to whom the city can provide notice if there are operating problems associated
with the cannabis business or refer members of the public who may have complaints or
concerns regarding the cannabis business. The cannabis business shall also provide this
contact information to all neighboring businesses located within one hundred feet of the
cannabis business, as measured in a straight line without regard to intervening structures,
between the front doors of each establishment.
P. Seed to Sale Tracking Required. Until such a time that the state of California fully
implements the track and trace program required by Section 26067 of the Business and
Professions Code, a cannabis business must utilize seed to sale software, third-party software
that tracks all sales, transfers, purchases, receipts, deliveries of cannabis and cannabis
products. The software must be capable of producing electronic shipping manifests, tracking all
cannabis inventory in possession of the cannabis business, promptly identifying a discrepancy
in the stock, and tracking cannabis from the end purchaser back to its source in the event of a
serious adverse event.
Q. Accurate Weights and Measures. Scales and weighing mechanisms used by a
cannabis business to weigh non-waste products must be able to weigh to within 1/100th of a
gram, shall be maintained in good working order and shall be subject to annual inspection by
either a Riverside County agricultural commissioner's office weights and measures official or a
licensed scale company.
R. Waste Disposal.
1. Chemical, Dangerous and Hazardous Waste. Disposal of chemical,
dangerous or hazardous waste must be conducted in a manner consistent with federal, state
and local laws, regulations, rules or other requirements. This may include, but is not limited to,
the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents
or other chemicals used in the production of cannabis concentrate.
2. Cannabis Waste. Cannabis waste must be made unusable and
unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty
percent non-medicinal cannabis waste. If necessary to protect the health and safety of
individuals working on a licensed premises, a cannabis business may grind the stalk of a
cannabis plant outside of its licensed premises provided all grinding activities occur within
twenty feet of the licensed premises and cannot be seen from any public street.
3. Composting. A cannabis business may compost cannabis waste onsite,
in accordance with this provision and all other applicable laws, rules, and regulations.
S. General Sanitary Requirements. A cannabis business must ensure that its
licensed premises are maintained in a sanitary manner and activities on its licensed premises
are conducted in a sanitary manner.
1. All facilities of a cannabis business must have adequate and sufficient
access to bathrooms and hand-washing facilities with running water at a suitable temperature.
2. Hand-washing facilities shall be located where good sanitary practices
require workers to wash or sanitize their hands, and provide effective hand-cleaning and
sanitizing preparations and sanitary towel service or suitable drying devices.
3. All workers that engage in the preparation or dispensing of edible
cannabis products must comply with the provisions of all relevant state and local laws regarding
the preparation, distribution, and sale of food.
T. Security Requirements. The licensed premises of a cannabis business must
comply with all of the following security requirements:
1. Video Surveillance. The licensed premises must be equipped with a video
surveillance system that meets all of the requirements set forth in this subsection.
a. Security cameras and digital storage of recordings shall be
maintained in good condition and used in an on-going manner, twenty-four hours per day, seven
days per week.
b. The security system must maintain at least one hundred twenty
concurrent hours of digitally recorded video for each security camera in the licensed premises.
Security footage should be stored in an MPEG4, MJPEG, H.264, or another format approved by
the local licensing authority in writing.
C. Security cameras must provide adequate and,sufficient coverage
for the facility, which must include, but need to be limited to, all limited access areas, all areas of
ingress and egress, point of sale, the public areas, storage areas, and any other areas as
required by this chapter and the MAUCRSA.
d. The video surveillance system must be equipped with a failure
notification system that provides prompt notification to the manager of record of the licensed
premises of the cannabis business of any surveillance interruption or complete failure of the
surveillance system that lasts longer than fifteen minutes.
e. The video surveillance system shall have sufficient battery backup
to support a minimum of fifteen minutes of recording in the event of a power outage.
2. Alarm System. The licensed premises shall have an audible interior and
exterior security alarm system installed on all perimeter entry points and perimeter windows,
operated, and monitored by a security company licensed by the Department of Consumer
Affairs, Bureau of Security and Investigative Services.
3. Signage Requirement. The licensed premises must comply with the
following signage requirements.
a. A sign shall be posted in a conspicuous place near each point of
public access which shall be not less than twelve inches wide and twelve inches long,
composed of letters not less than one inch in height, stating "All Activities Monitored by Video
Camera."
b. Limited access areas shall be clearly identified by the posting of a
sign which shall be not less than twelve inches wide and twelve inches long, composed of
letters not less than one-half inch in height, which shall state, "Limited Access Area—Authorized
Personnel Only."
4. Lighting. The business entrance(s) and all window areas shall be
illuminated during evening hours. The cannabis business shall comply with the city's lighting
standards regarding fixture type, wattage, illumination levels, and shielding.
5. Commercial-Grade Locks. All points of ingress and egress to a licensed
premises shall ensure the use of commercial-grade, nonresidential door locks or window locks.
6. Notification of Local Licensing Authority and Law Enforcement. A
cannabis business shall notify the local licensing authority and the appropriate law enforcement
authorities within twenty-four hours after discovering any of the following:
a. Significant discrepancies identified during inventory;
b. Diversion, theft, loss, or any criminal activity involving the
dispensary or any employee or agent of the dispensary;
C. The loss or unauthorized alteration of records related to cannabis,
cannabis patients, primary caregivers, or dispensary employees or agents; or
d. Any other breach of security.
U. Subletting Prohibited. Licensees are not authorized to sublet any portion of a
licensed premises for'any purpose, unless all necessary applications to modify the existing
licensed premises to accomplish any subletting have been approved by the local licensing
authority.
V. Recordkeeping. Cannabis businesses shall keep and maintain all records
specified in Chapter 16 of the MAUCRSA and shall make the same available for inspection and
examination of the local licensing authority or its duly authorized representatives during
standard business hours of the licensed facility or at any other reasonable time. Cannabis
businesses are required to exercise due diligence in preserving and maintaining all required
records.
W. Transactions. Licensees shall only do business with cannabis businesses that
licensed or permitted to do business in their respective jurisdictions.
5.88.070 Dispensary operational requirements.
In addition to the operation requirements in Section 5.88.065, a dispensary must comply with
the requirements set forth in this section.
A. Limited Hours of Operation. A dispensary may only be open to the public and
engage in sales between the hours of eight a.m. and ten p.m.
B. Product Not Visible To Public. The display of cannabis and cannabis products
for sale shall not be visible from outside the licensed premises.
C Age Restricted Entry. A dispensary may not permit an individual less than
twenty-one years of age into the licensed premises, except a dispensary with an M-license from
the state may permit an individual aged eighteen years or older into the licensed premises if the
dispensary verifies the individual is an ID card holder or qualified patient with a physician's
recommendation.
D. Cannabis Paraphernalia Sales. Dispensaries may sell or otherwise provide
equipment, supplies, and paraphernalia used to consume cannabis and cannabis products.
E. Electronic Point-of-Sale System Required. Dispensaries must have an electronic
point of sale system that is either part of their seed to sale software or integrates with their seed
to sale software. The electronic point of sale system must be capable of producing an electronic
or automatic paper record for all transactions associated with any product sold, rented, or
otherwise provided to the customer.
F. No Sales of Expired Product. A dispensary may not sell any expired products,
cannabis or cannabis products. A dispensary shall not alter, edit, or adjust in any manner an
expiration date on any item or product once affixed by its manufacturer.
G. Acceptable Forms of Payment. The local licensing authority may adopt
regulations that prohibit a dispensary from accepting certain forms of payment from customers
for cannabis and cannabis products. A dispensary may accept cash payments unless the local
licensing authority has adopted a regulation prohibiting the acceptance of cash.
H. Handling of Edible Cannabis Products. A dispensary that possesses edible
cannabis products shall comply with the provisions of all relevant state and local laws regarding
the storage, handling, and sale of food.
I. Sale of Untested Products. A dispensary may sell cannabis or cannabis
products that have not been tested by a testing laboratory from January 1, 2018 until such time
as determined by the state. Thereafter, all cannabis and cannabis products sold by a dispensary
must be tested by a testing laboratory prior to sale to a purchaser in accordance with
MAUCRSA.
J. Delivery of Cannabis and Cannabis Products. A dispensary that provides
delivery service shall comply with the following requirements:
1. The dispensary shall not delivery cannabis or cannabis products to any
location outside of California or to any location within California where the delivery of cannabis
or cannabis products has been prohibited by the city or county.
2. The delivery service must be approved by the local licensing authority as
a part of the licensing process. The deliveries must be conducted in accordance with any
relevant state laws, this code, any applicable local laws in the delivery location, and any
conditions imposed upon the license.
3. The dispensary must keep in place standard operating procedures that
ensure the safety and security of those individuals engaging in delivery and the and security of
all cannabis being delivered, including procedures to prevent diversion.
4. A dispensary may only deliver cannabis to a specific street address
requested by the purchaser. Deliveries to public parks and schools are expressly prohibited.
5. Upon arrival at the delivery address and prior to transferring any
cannabis or cannabis products, the delivery person must verify and confirm that the identity of
the recipient is the same as the person who requested the delivery and that the person is either
twenty-one years of age or a qualified patient or primary caregiver.
6. A dispensary shall report to the local licensing authority and local law
enforcement any vehicle accidents, diversions, losses, or other reportable incidents such as
thefts or suspicious activity, that occur during transportation and delivery, within twenty-four
hours.
7. The delivery shall keep a delivery manifest that includes the following
information:
a. All cannabis that will be transported, accurately inventoried;
b. Departure date and approximate time of departure;
C. Arrival date and approximate time of arrival;
d. Name, address, local license number and CUP number of the
originating cannabis business;
e. Name and address of the individual requesting the delivery;
f. Delivery vehicle make, model, and license plate number; and
g. Name and signature of the individual transporting the cannabis.
5.88.075 Manufacturing site operational requirements.
In addition to the operational requirements in Section 5.88.065, manufacturers must
comply with the requirements set forth in this section.
A. Edible Cannabis Products. Edible cannabis products shall be manufactured,
packaged and labeled in compliance with MAUCRSA and any implementing regulations
adopted by the state.
1. Edible cannabis products must be individually packaged and ready for
sale by the manufacturer prior to sale or transfer to another cannabis business.
2. Any person that is involved in the manufacture of edible cannabis
products must be a state certified food handler. The valid certificate number of such person
must be on record at the manufacturing site where that individual produces edible cannabis
products.
3. Any facility used by a cannabis business to manufacture edible cannabis
products shall be constructed, operated and inspected in accordance with the applicable
building code and applicable food safety requirements.
4. A cannabis business that manufactures edible cannabis products must
comply with the provisions of all relevant state and local laws regarding the preparation,
distribution, and sale of food; which shall include, but not be limited to, hand-washing
requirements, use of gloves for packaging, and policies prohibiting individuals suffering from
symptoms associated with communicable diseases or infections from engaging the production
of edible cannabis products.
B. Expiration Date. A cannabis business engaged in the manufacture of cannabis
products, including an edible cannabis product, that is perishable shall assign an expiration-date
or use-by date, whichever is appropriate, to all perishable cannabis products. Once an
expiration date or use-by date is assigned to cannabis products, it shall be unlawful for a person
to alter that date or affix a new label with a later use-by or expiration date.
C. Extraction Requirements.
1. A manufacturer engaged in extraction may only engage in type of
extraction approved by the local licensing authority in its application for a local license. The
licensee shall not make any modifications to the method of extraction without first obtaining a
modification of its local license.
2. Within the limitations set forth by state law, a cannabis business that
extracts cannabis or produces cannabis concentrate using a solvent must use a professional-
grade, closed- loop extraction system capable of recovering the solvent used and must only use
a solvent that is permissible under the MAUCRSA and the manufacturer's state license.
5.88.080 Cultivation operational requirements.
In addition to the operational requirements in Section 5.88.065, a cultivator must comply
with the requirements set forth in this section.
A. Cultivators must comply with the Federal Worker Protection Standard (40 CFR
170).
B. The cultivation of cannabis must be conducted in accordance with all applicable
federal, state, and local laws and regulations governing the use of pesticides.
C. The use of pesticides must be recorded in a log in accordance with 16 CCR
Section 1970.
D. The cultivation of cannabis shall be conducted in a secure manner and shall not
be visible from a public right of way. As used in this subsection (D), the term "visible" means
capable of being seen without visual aid by an individual of normal acuity.
E. A licensee may not distribute, sell, dispense, or administer cannabis on the
licensed premises of a cultivation site except for as authorized by the MAUCRSA and other
applicable state law.
5.88.085 Distribution operational requirements.
In addition to the operational requirements in Section 5.88.065, distributors shall comply
with the requirements of this section.
A. Quality Assurance and Testing.
1. Prior to distribution, the distributor shall inspect cannabis for quality
assurance as required by MAUCRSA and to ensure the labeling and packaging of the cannabis
and cannabis products conforms to the requirements of this chapter and MAUCRSA.
2. Distributors shall ensure that cannabis and cannabis products in its
custody are tested by a licensed testing laboratory in accordance with MAUCRSA prior to
distributing the cannabis and cannabis products to a dispensary.
B. Transportation.
1. A distributor may not transport cannabis to or from another cannabis
business outside the state of California.
2. An individual may only transport cannabis on behalf of a distributor if the
individual:
a. Is an employee of the distributor and is listed on the distributor's
employee list;
b. Possesses a copy of the distributor's local license; and
C. Possesses a copy of a transportation manifest that meets all the
requirements of MAUCRSA and subsection B.3.
3. Transportation Manifest.
a. A cannabis business must create a transportation manifest in
accordance with this chapter for every transport and delivery of cannabis. A cannabis business
must ensure that a copy of the appropriate transportation manifest accompanies every transport
and delivery of cannabis and is kept for retention by the originating cannabis business.
b. If a cannabis businesses makes multiple pick-ups or deliveries
during a single trip, then a separate transportation manifest shall be required for each pick-up or
delivery.
C. A transportation manifest will be deemed sufficient if it accurately
reflects:
i. All cannabis that will be transported to the address
reflected on the manifest, accurately inventoried to include the weight of any raw cannabis or
cannabis concentrate and the number of individual cannabis products;
ii. Departure date and approximate time of departure;
iii. Arrival date and approximate time of arrival;
iv. Name, address, local license number and CUP number
(or, for cannabis businesses outside of Cathedral City, a similar number issued by the
cannabis business's local jurisdiction) of the originating cannabis business;
V. Name, address, local license and CUP number (or, for
cannabis businesses outside of Cathedral City, a similar number issued by the cannabis
business's local jurisdiction) of the receiving cannabis business;
vi. Delivery vehicle make, model, and license plate number;
and
vii. Name and signature of the individual transporting the
cannabis.
4. A cannabis business with a local license may only transport cannabis
between licensed premises by way of motor vehicle, unless the transport is between two
licensed premises that are within the same building or at the same street address.
5. A cannabis business with a local license shall transport cannabis in a
manner that is secure and not visible from outside the vehicle.
6. An employee transporting cannabis pursuant to this chapter must take a
direct route from the distributor to the destination of the other cannabis business(es) and may
not make any stops other than those necessary in the ordinary course of business.
C. Bonding. Transporters shall comply with applicable state laws and regulations, if
any, requiring that they be bonded and insured.
D. Preparation of Cannabis and Cannabis Products for Transportation.
1. All cannabis and cannabis products must be appropriately and
completely tracked in a cannabis business's inventory tracking system prior to transportation to
another cannabis business. This must include verifying and documenting the weight of any raw
cannabis or cannabis concentrate and the number of individual cannabis products being
transported.
2. Preparations for the transport of cannabis and cannabis products must
be conducted in a limited access area on camera.
E. Receiving Cannabis and Cannabis Products.
1. A distributor may not receive cannabis or cannabis products unless
accompanied b transportation manifest that meets all of the requirements set forth in
p Y a p
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subsection 13.3. The distributor must retain copies of transportation manifests associated with
all deliveries of cannabis.
2. Immediately upon receipt, all cannabis and cannabis products must be
appropriately and completely tracked in the distributor's inventory tracking system. This must
include verifying and documenting the weight of any raw cannabis or cannabis concentrate and
the number of individual cannabis products being transported.
F. Perishable Cannabis Products. A cannabis business must provide adequate
refrigeration when engaged in the transportation of perishable cannabis products.
5.88.090 Testing laboratory operational requirements.
In addition to the operational requirements in Section 5.88.065, a testing laboratory shall
comply with the requirements of this section.
A. No Other Ownership. An owner of a testing laboratory shall not have an
ownership or other direct financial interest in any other commercial cannabis business license
type.
B. Accreditation. A testing laboratory shall obtain and maintain ISO/IEC 17025
accreditation.
C. Operating Procedures. A testing laboratory shall adopt and adhere to standard
operating procedures to ensure the reporting of accurate test results, including but not limited to
equipment, calibration, and methodology standards, that are consistent with its ISO/ IEC 17025
accreditation.
1. A testing laboratory shall obtain samples of cannabis and cannabis
products for testing in accordance with a statistically valid method designed to ensure that a
sample is representative of the whole. Sampling methods should have at least a 95%
confidence rate.
2. A testing laboratory shall destroy and safely dispose of the remains of any
samples of cannabis or cannabis products tested upon completion of the analysis and the
expiration of any retention time pursuant its standard operating procedures.
3. A testing laboratory shall maintain all testing results as a part of their
respective business records and must keep such records pursuant to Section 5. 88. 0650.
5.88.095 Packaging and labeling.
A. Compliance with State Law. All packaging and labeling of cannabis and cannabis
products by a cannabis business must, at a minimum meet the requirements of Chapter 12 of
MAUCRSA and any implementing regulations, as the same may be amended from time to time
or superseded or replaced by subsequent state legislation or by any state department or
division.
B. Tamper-Evident, Child-Resistant Packaging Required. Prior to delivery or sale at
a dispensary to a purchaser, cannabis and cannabis products shall be labeled and placed in a
resealable, tamper-evident, child-resistant package and shall include a unique identifier for the
purposes of identifying and tracking cannabis and cannabis products.
C. Cannot Be Attractive to Children. Cannabis packaging and labeling shall not be
designed to appeal to children, including, but not limited to, cartoon characters or similar
images.
D. State-Mandated Warnings and Information. All cannabis and cannabis product
labels and inserts shall include the state-mandated warnings and information contained in
Business and Professions Code section 26120(c). Notwithstanding the foregoing, during the
period of time that the state permits untested cannabis and cannabis products to be sold to
purchasers, all cannabis and cannabis products must have a label affixed to each package that
clearly states "This product has not been tested as required by the Medicinal and Adult-Use
Cannabis Regulation and Safety Act" and must comply with any other labeling requirements
imposed by the state.
5.88.100 Visitor requirements.
A. Visitors. Any individual permitted to enter a limited access area who is not an
person that has undergone a background check in accordance with this chapter and is listed on
the licensed premises worker list shall be considered a visitor. Notwithstanding the foregoing,
state and local employees, or their official designees, shall not be considered a visitor provided
the individual is on the licensed premises for purposes of official government business.
B. Visitors Identification and Record Requirements. Prior to permitting a visitor into
a limited access area, a cannabis business must check the individual's valid government issued
identification. The visitor shall be required to sign the cannabis business's visitor log, which
must include the individual's name, date of entry, and purpose for entry.
C. Visitors Must Be at Least Twenty-One Years of Age. A cannabis business may
not permit a visitor who is less than twenty-one years of age to enter a limited access area.
D. Visitors Prohibited Conduct. A visitor shall not be permitted to engage in the
cultivation, preparation, processing, manufacturing, packaging, labeling, transportation, or sale
of cannabis.
5.88.105 Limitations on city's liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever,
with respect to approving any local license pursuant to this chapter or the operation of any
cannabis business approved for such local license pursuant to this chapter. As a condition of
approval a local license granted under this chapter, the applicant or its legal representative
shall:
A. Execute an agreement indemnifying and holding the city harmless from any and
all claims, damages, legal or enforcement actions, including, but not limited to, any actions or
claims associated with violation of federal law associated with the operation of the cannabis
business and delivery of cannabis as provided in this chapter; and
B. Maintain insurance in the amounts and of the types that are acceptable to the city
pursuant to guidelines and policies set forth by the local licensing authority; and
C. Name the city as an additionally insured on all city-required insurance policies;
and
D. Agree to defend, at its sole expense, any action against the city, its agents,
officers, and employees related to the approval of a local license or conditional use permit or the
operation of the cannabis business; and
E. Agree to reimburse the city for any court costs and attorney fees that the city may
be required to pay as a result of any legal challenge (or federal enforcement action) related to
the city's approval of a local license or conditional use permit. The city may, at its sole
discretion, participate at its own expense in the defense of any such action, but such
participation shall not relieve the operator of its obligation hereunder.
5.88.110 Inspections.
A. Recordings made by security cameras at any cannabis business shall be made
immediately available to the local licensing authority upon verbal request for law or regulatory
enforcement and criminal investigation purposes. Such recordings shall be considered
confidential and shall not be released to the public pursuant to Government Code section
6254(f) without the consent of the licensee.
B. The local licensing authority shall have the right to enter all cannabis businesses
from time to time unannounced for the purpose of making reasonable inspections to observe
and enforce compliance with this chapter. Such inspections shall be limited to observing the
licensed premises for purposes of determining whether the cannabis business is being
operated or maintained in compliance with this code, state law, and other applicable laws and
regulations. Any cannabis business licensed pursuant to this chapter may be required to
demonstrate, upon demand by the local licensing authority that the source and quantity of any
cannabis or cannabis products found upon the licensed premises is in full compliance with any
applicable local or state law or regulation.
C. The local licensing authority shall have the right to inspect records of medicinal
cannabis patients and primary caregivers that have made purchases of medicinal cannabis or
medicinal cannabis products from a dispensary for the sole purpose of determining whether any
and all such individuals are qualified to make such purchases. Such inspections of records shall
not be used for any other purposes, nor shall the records be removed off-site by the city without
a court order.
D. The local licensing authority may delegate an act required to be performed
pursuant to this section to any code enforcement officer or official of the city, including, without
limitation, the chief of police, the fire chief, the building official, the finance director, the city
attorney, or any designee of such officers or officials.
E. Applicants and licensees must cooperate with the local licensing authority and
his designees who are conducting inspections or investigations relevant to the enforcement of
laws and regulations related to this chapter.
5.88.115 Enforcement.
The provisions of this chapter may be enforced by the local licensing authority by any
means provided for in Title 13 of this code in addition to any and all other remedies, civil,
equitable or criminal, afforded to the city under the law.. The operation of a cannabis business
in violation of this chapter or any conditions of approval placed on a licensee's local license is
hereby deemed to be a public nuisance. As provided for in Title 13 of this code, the local
licensing authority may issue administrative, infraction or misdemeanor citations, institute a
summary abatement of a public nuisance that poses an immediate threat to the public health
and safety, and/or institute proceedings to suspend, modify or revoke a local license.
5.88.120 Civil fines.
Any person convicted of an infraction or misdemeanor violation shall, for each separate
violation of this chapter, be subject to the following civil fines in addition to any infraction or
misdemeanor penalties:
A. A fine in an amount not to exceed two hundred fifty dollars for a first conviction of
an offense;
B. A fine in an amount not to exceed five hundred dollars for a second conviction of
the same offense within a twelve-month period of the date of the first offense;
C. A fine in an amount not to exceed seven hundred fifty dollars fora third
conviction of the same offense within a twelve-month period of the date of the first offense; and
D. A fine of one thousand dollars for the fourth and subsequent convictions of the
same offense within a twelve-month period of the date of the first offense.
5.88.125 Cathedral City cannabis task force.
The purpose of this section is to ensure that cannabis businesses in Cathedral City are
conducted in a safe and orderly manner to protect the welfare of medicinal cannabis patients,
primary caregivers, adult users, and the community.
A. Cannabis Task Force Established. The city manager shall appoint no less than
nine members and no greater than fifteen members to the Cathedral City cannabis task force.
1. The city manager shall serve as the chair of the task force;
2. The cannabis task force shall consist of at least one representative from
the following groups:
a. Cathedral City police department;
b. Cathedral City fire department;
C. Cathedral City planning department;
d. Cathedral City mayor's office;
e. A medicinal cannabisp atient;
f. An owner of a dispensary;
g. An owner of a cultivation site;
h. An owner of a manufacturing site; and
i. An interested member of the Cathedral City community, who must
be a resident.
B. Bi-Annual Meetings Required. The cannabis task force shall meet no less than
twice per calendar year.
C. Attendance Required. A member of the cannabis task force shall be required to
attend all task force meetings unless the chair of the task force excuses an absence.
D. Task Force Duties. The cannabis task force shall discuss and propose
amendments to this code or any rules or regulations promulgated pursuant thereto to improve
the efficacy of the regulatory system or public safety associated with the operation of cannabis
businesses. In making recommendations, the task force shall consider the practicability of any
recommendation for the city and cannabis businesses, reasonable and safe access to
medicinal cannabis by medicinal cannabis patients, and impacts to the community.
I