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HomeMy WebLinkAbout2046ORDINANCE NO. 2046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING SECURITY MEASURES AT ADULT -USE CANNABIS BUSINESSES AND ALLOWING SOME VISIBLE CANNABIS GOODS AND GRAPHICS City Attorney's Summary This Ordinance amends a provision of the Palm Springs Municipal Code relating to security measures (door locks during a power outage at Adult - Use Cannabis Businesses) to comply with the California Fire and Building Codes and update operating requirements to allow visible cannabis goods, or graphics depicting cannabis goods for dispensary uses except for locations with a lounge use. WHEREAS, the City of Palm Springs adopted Section 5.55.210 of the Palm Springs Municipal Code in order to, among other things, list various required security features for adult -use cannabis businesses in the City; WHEREAS, existing subsection (A)(9) of Section 5.55.210, among other things, deals with electronic locks and mechanisms to keep them locked during power outages; WHEREAS, this subsection is not consistent with existing Fire and Building Code provisions and consultation with fire and police personnel contemplating the removal of this subsection did not result in any operational or security concerns; WHEREAS, the City Council of the City of Palm Springs desires to remove this subsection to remove any inconsistency with existing Fire and Building Code provisions; WHEREAS, existing subsection (A)(17) of Section 5.55.200 prohibits visible cannabis goods or graphics depicting cannabis goods from the exterior of any premises; and WHEREAS the ban on visible cannabis goods and graphics depicting cannabis goods for retail cannabis dispensaries is not consistent with the State's Bureau of Cannabis Control regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation of recitals. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance. SECTION 2. Section 5.55.210 (A) of the Palm Springs Municipal Code is hereby amended to read as follows: Ordinance No. 2046 Page 2 A. A permitted adult -use cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing Cannabis goods, and to deter and prevent the theft of cannabis goods at the adult -use cannabis business. Except as may otherwise be determined by the City Manager or their designee(s), these security measures shall include, but shall not be limited to, all of the following: 1. Preventing individuals from remaining on the premises of the adult - use cannabis business if they are not engaging in an activity directly related to the permitted operations of the adult -use cannabis business. 2. Establishing limited access areas accessible only to authorized adult - use cannabis business personnel. 3. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis goods shall be stored in a secured and locked room, safe, or vault. All cannabis goods, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes or for immediate sale at a dispensary. 4. Installing 24-hour security surveillance cameras and used in an on- going manner with at least two hundred forty (240) concurrent hours of digitally recorded documentation of at least HD -quality in a format approved by the City Manager to monitor all entrances and exits to and from the premises, all interior spaces within the adult -use cannabis business which are open and accessible to the public, and all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis, including cultivation areas and any other areas as determined by the City Manager. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the City Manager or law enforcement upon verbal request. No search warrant or subpoena shall be required to view recorded materials. Any disruption in security camera images shall be cured expeditiously in good faith. 5. Panic buttons shall be installed in all adult -use cannabis businesses. 6. Alarmed with an alarm system that is operated, maintained, and operated by a reputable security company. 7. Any bars installed on the windows or the doors of the adult -use cannabis business shall be installed only on the interior of the building. Ordinance No. 2046 Page 3 FJ 8. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services and shall be subject to the prior review and approval of the City Manager or their designee(s), with such approval not to be unreasonably withheld. Security personnel may be permitted to carry a firearm while providing security for any adult -use cannabis business provided written authorization from the City Manager or designee is obtained after submittal of the name of the armed security company, number of officers and shifts when armed security will on present. 9. The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etcetera, and shall secure the necessary lighting approvals and permits as needed. 10. The City Manager and law enforcement shall have the right to enter the indoor adult -use cannabis business at any time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this Section and all laws of the City and the State. SECTION 3. Section 5.55.200 (A)(17) of the Palm Springs Municipal Code is hereby amended to read as follows: (17) No Cannabis goods, or graphics depicting cannabis goods, shall be visible from the exterior of the premises, except at cannabis dispensaries with storefront retail windows. In no event shall a cannabis dispensary install or maintain a window display that displays cannabis goods visible from outside of the premises. SECTION 4. SEVERABILITY If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. ENVIRONMENTAL REVIEW The City Council finds the adoption of this ordinance amendment is exempt from the provisions of CEQA as an administrative activity by the City of Palm Springs, in furtherance of its police power, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines. Ordinance No. 2046 Page 4 SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 27th DAY OF MAY 2021. 6 CHRISTY FJOLSTEGE, MAJOR TEST: ANTHONY CLERK r U F Ordinance No. 2046 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 2046 is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the 6th day of May, 2021, and adopted at a regular meeting of the City Council held on the 27th day of May, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of Z ony J. ia, M C of Palm rings, California