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Home My WebLink AboutOrd 807 i I ORDINANCE NO. 807 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA AMENDING CHAPTER 5.88 OF THE CATHEDRAL CITY MUNICIPAL CODE PERMITTING AND REGULATING CANNABIS CONSUMPTION ON-SITE AT LICENSED DISPENSARIES SUBJECT TO REGULATIONS, AND PROVIDING A GRACE PERIOD FOR EMPLOYEE BACKGROUND CHECKS WHEREAS, Cathedral City licenses and regulates cannabis businesses as permitted by state law; WHEREAS, Business and Professions Code section 26200(g) allows the City to permit the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a properly licensed dispensary if: "(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age and older; (2) Cannabis consumption is not visible from any public place or nonage-restricted area; and (3) Sale or consumption of alcohol or tobacco is not allowed on the premises." WHEREAS, Section 5.88.065(1) of the Cathedral City Municipal Code currently prohibits smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at any licensed cannabis business; and WHEREAS, the City Council desires to permit the consumption of cannabis within a licensed dispensary subject to regulations to control access to the area where consumption is allowed, mitigate odor, and address other health and safety concerns; and WHEREAS, Section 5.88.065(D) of the Cathedral City Municipal Code requires each licensed cannabis business to conduct a background check on every employee, independent contractor and volunteer prior to commencing work; and WHEREAS, the cannabis business community has expressed frustration that due to the time involved in performing a background check this requirement impairs their ability to replace staff in a timely manner, leaving them understaffed; and WHEREAS, the City Council desires to allow individuals to start working at a cannabis business provided that the background check process has commenced and the cannabis business will terminate the usage of that persons services immediately if the background check results show that the individual is not of good moral character. THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1. Amendment of Section 5.88.065(D). Section 5.88.065(D) of the Cathedral City Municipal Code is hereby amended to read as follows, with deletions show in strikethrough and additions shown in bold: "D. Background Checks. Prior to commencing any work within or on behalf of a cannabis business, each employee, independent contractor or volunteer must fie—submit to a RN 94849-6218-7357 Q 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. The employee, independent contractor or volunteer may commence work prior to the cannabis business obtaining the results of their background check. A cannabis business shall not employ or utilize the services of any individual whose background check demonstrates that they are not of good moral character. If a cannabis business allows an individual to commence work prior to obtaining their background check results, it shall notify the individual that they will be terminated immediately if their background check demonstrates they are not of good moral character. 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." SECTION 2. Amendment of Section 5.88.065(1). Section 5.88.065(1) of the Cathedral City Municipal Code is hereby amended to read as follows, with deletions show in strikethrough and additions shown in bold: "I. Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited, except on the premises of a licensed dispensary in accordance with Section 5.88.070(K). "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 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."' SECTION 3. Amendment of Section 5.88.070. Section 5.88.070 of the Cathedral City Municipal Code is hereby amended to add a new subsection (K) to read as follows: "K. Consumption of Cannabis and Cannabis Products on Premises. Cannabis and cannabis products may be smoked, vaporized, ingested or otherwise consumed on the licensed premises of a dispensary, subject to the following regulations: 1. Access to the area where cannabis consumption is allowed must be restricted to persons 21 years of age and older. The dispensary shall be responsible for checking identification and ensuring that underaged individuals do not enter. 2. Cannabis consumption shall not be visible from any place where persons under the age of 21 are permitted. 3. Cannabis consumption must occur within the interior building space of the dispensary. Consumption may not occur on patios, in parking areas, or in any other space that is not fully enclosed. 4. The cannabis business must install and maintain in good working order an odor control system in accordance with Section 9.108.080(A)(1). Odors caused by the consumption of cannabis at the dispensarymust not be detectable from any public place. RN#4849-6218-7357 v2 5. Cannabis consumption shall occur in a space within the licensed premises that is separate from the space that is used to sell cannabis and cannabis products for on-site or off-site consumption. 6. Only cannabis and cannabis products purchased from the dispensary during the same visit by the customer may be consumed within the dispensary. Individuals may not bring cannabis or cannabis products into a dispensary for the purposes of consumption. 7. Cannabis and cannabis products that are only partially consumed on the premises of the dispensary must be repackaged in accordance with Section 5.88.095 prior to leaving the dispensary. 8. Representatives of the City, including but not limited to police officers, must be permitted to enter the licensed premises, including all areas where consumption is allowed, at any time during the regular business hours of the cannabis business and/or whenever consumption is occurring on-site." 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 28th day of February, 2018. APPROVED AND ADOPTED this 14th day of March, 2018, by the following vote: Ayes: Council Members Aguilar and Kaplan; Mayor Pro Tem Pettis Noes: Council Member Carnevale and Mayor Henry Abstain: None Absent: None RN#4849-6218-7357 Q Stan Henry, Mayor ATTEST: i Gary F. Howell, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney SII RN#4849-6218-7357 v2