HomeMy WebLinkAbout2005ORDINANCE NO. 2005
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 5.55 OF THE
PALMS SPRINGS MUNICIPAL CODE REGARDING
CANNABIS USE AND DELETING CHAPTERS 5.35 AND
5.45 OF THE PALM SPRINGS MUNICIPAL CODE.
City Attorney's Summary
This Ordinance amends Chapter 5.55 of the Palm Springs
Municipal Code to update and centralize the City's regulations
and procedures governing cannabis in the City for
consistency with State laws and regulations and deletes
Chapters 5.35 and 5.45 of the Palm Springs Municipal Code.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article
XI of the California Constitution and pursuant to the authority granted the City by Sections
5 and 7 of Article XI, the City has the power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs not in conflict with general laws
and its own charter. Such police powers include without limitation the ability to adopt
comprehensive zoning regulations and regulations upon the use of land and property
within the City; and
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City
of Palm Springs may adopt and enforce ordinances and regulations not in conflict with
general laws to protect and promote the public health, safety, and welfare of its citizens;
and
WHEREAS, the Federal Government has issued guidelines for states and local
governments that have enacted laws authorizing cannabis -related conduct, requiring
them to implement strong and effective regulatory and enforcement systems that will
address the threat that medical and adult -use cannabis activity could pose to public
safety, public health, and other law enforcement interests; and
WHEREAS, on June 27, 2017, the Medical and Adult Use Cannabis Regulation
and Safety Act ("MAUCRSA") was signed into law, which provides a comprehensive
regulatory framework for licensing, control, and taxation of medical and adult -use
cannabis -related businesses in California; and
WHEREAS, it is the intent of the City Council to have a strong and effective
regulatory system with regard to cannabis businesses which is intended to address the
negative impacts and nuisance impacts associated with the uses; and
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Page 2
WHEREAS, with that purpose it is the purpose and intent of Chapter 5.55 to
accommodate businesses conducting adult -use and medical cannabis activity while
protecting the health, safety, and general welfare of the residents and businesses within
the City of Palm Springs and comply with State law and Federal guidelines; and
WHEREAS, it is the intent of the City Council to have a strong and effective
regulatory and enforcement system with regard to adult -use cannabis that addresses
threats to public safety, health and other law enforcement interests through robust odor
controls and other procedures that are effective in practice; and
WHEREAS, this Ordinance provides regulations for the local permitting of adult -
use and medical cannabis operations under specified conditions in the City; and
WHEREAS, the City Council finds that the activities permitted under this ordinance
are consistent with and implement the goals and policies of the Palm Springs General
Plan; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the proposed ordinance, including,
but not limited to, the staff report, and all written and oral testimony presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein
by this reference as material findings in support of this Ordinance.
SECTION 2. Chapter 5.35 of the Palm Springs Municipal Code is deleted in its
entirety.
SECTION 3. Chapter 5.45 of the Palm Springs Municipal Code is deleted in its
entirety.
SECTION 4. Chapter 5.55 of the Palm Springs Municipal Code is hereby
amended to read:
Chapter 5.55
ADULT -USE CANNABIS RELATED BUSINESSES AND ACTIVITIES
Section 5.55.010
Section 5.55.020
Purpose and Intent.
Legal Authority.
Section 5.55.030. Prohibition on Cultivation and Business Unless Authorized.
Section 5.55.040. Compliance with Laws.
Ordinance No. 2005
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Section 5.55.050. Definitions.
Section 5.55.060. Adult -Use Cannabis Permit Required to Engage in Adult -Use
Cannabis Business.
Section 5.55.070.
Adult -Use Cannabis Permit Required
Section 5.55.075
Ineligibility for Adult -Use Cannabis Permit.
Section 5.55.080.
Adult -Use Cannabis Permit Application Process.
Section 5.55.085.
Adult Use Cannabis Application Withdrawal.
Section 5.55.090.
Review of Application for Adult -Use Cannabis Permit.
Section 5.55.095. Required Findings and Conditions for Dispensaries.
Section 5.55.096. Required Findings and Conditions for Cultivation.
Section 5.55.097. Required Findings and Conditions for Manufacturing.
Section 5.55.098. Required Findings and Conditions for Testing Facilities.
Section 5.55.099. Required Findings and Conditions for Transportation and Distribution
Facilities.
Section 5.55.100. Temporary Cannabis Event Permit
Section 5.55.101. Cannabis Medical Use Dispensary Permit
Section 5.55.102 Recordkeeping.
Section 5.55.105. Adult -Use Cannabis Permit Renewals.
Section 5.55.110 Compliance with Laws.
Section 5.55.120. Fees and Charges.
Section 5.55.125 Tax Incentives
Section 5.55.130. Transfers of Adult -Use Cannabis Permits.
Section 5.55.140. Requirements Before Permittee May Commence Operations.
Section 5.55.200. Adult -Use Cannabis Operating Requirements.
Section 5.55.205. Miscellaneous Operating Requirements.
Section 5.55.210. Security Measures
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Section 5.55.220. Packaging and Labeling Requirements.
Section 5.55.400. General Authority of City Manager
Section 5.55.410. Suspension or Revocation of Adult -Use Cannabis Permit.
Section 5.55.420. Service.
Section 5.55.430 Violations Generally
Section 5.55.435 Odor Violations
Section 5.55.440 Remedies Cumulative
Section 5.55.450 Declaration of Public Nuisance
Section 5.55.460 Liability of Employees and Agents
Section 5.55.070 Liability of Property Owners
Chapter 5.55 ADULT -USE CANNABIS RELATED BUSINESSES AND ACTIVITIES
5.55.010 Purpose and Intent.
A. It is the purpose and intent of this Chapter to regulate the cultivation,
manufacturing, processing, testing, transportation, and distribution, of Cannabis goods in
a manner which is responsible, which protects the health, safety, and welfare of the
residents of Palm Springs, and to enforce rules and regulations consistent with State Law
under the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). In
part to meet these objectives, an annual permit shall be required in order to own and/or
to operate an Adult -Use Cannabis Business within Palm Springs. Nothing in this Chapter
is intended to authorize the possession, use, or provision of Cannabis for purposes that
violate state or federal law. The provisions of this Chapter are in addition to any other
permits, licenses, and approvals that may be required to conduct business in the City,
and are in addition to any permits, licenses and approval required under state, county, or
other law.
B. It is the stated intent of this Chapter to regulate Adult -Use Cannabis Activity
in the City of Palm Springs concurrently with the State of California.
C. All Applications, proposals, requests for Adult -Use Cannabis related
businesses and activity, and any permits or approvals related to such Adult -Use Cannabis
Businesses and activity, shall be processed, reviewed, and administered pursuant to the
provisions of this Chapter.
D. Each Adult -Use Cannabis related business or activity allowed under the
provisions of this Chapter constitutes an activity or business that involves planting,
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cultivating, harvesting, transporting, dispensing, delivering, providing, manufacturing,
compounding, converting, processing, preparing, storing, packaging, or testing any part
of the Cannabis plant under the provisions of the state's Medicinal and Adult -Use
Cannabis Regulation and Safety Act (MAUCRSA).
5.55.020 Legal Authority.
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the
provisions of the Medicinal and Adult -Use Cannabis Regulation and Safety Act
(MAUCRSA), the City of Palm Springs is authorized to adopt ordinances that establish
standards, requirements and regulations for local licenses and permits for Cannabis and
Cannabis -related activity. Any standards, requirements, and regulations regarding health
and safety, security, and worker protections established by the State of California, or any
of its departments or divisions, shall be the minimum standards applicable in the City of
Palm Springs to Cannabis, and/or Cannabis -related activity.
5.55.030 Prohibition on Cultivation and Business Unless Authorized.
Except as specifically authorized in this Chapter, the cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing,
distribution, delivery, or sale of Cannabis goods is expressly prohibited in the City of Palm
Springs.
5.55.040 Compliance with Laws.
It shall be the responsibility of the owners and the operators of the Adult -Use
Cannabis Business to ensure that the Adult -Use Cannabis Business is, at all times,
operating in a manner compliant with all applicable state, and local laws, any regulations
promulgated thereunder, any subsequently enacted State Law or regulatory, licensing, or
certification requirements, and any specific, additional operating procedures or
requirements that may be imposed as conditions of approval of the Adult -Use Cannabis
Permit. Nothing in this Chapter shall be construed as authorizing any actions that violate
federal or State Law with regard to the operation of an Adult -Use Cannabis Business.
5.55.050 Definitions.
The following definitions of terms shall apply to this Chapter, unless the context
requires otherwise. Any reference to California statutes includes any regulations
promulgated thereunder and is deemed to include any successor or amended version of
the referenced statute or regulatory provision.
"Abatement" or "Abate" means the removal and destruction of all cannabis plants
or products creating the condition(s) constituting a violation of this Chapter as identified
in a notice of violation issued by the Enforcing Officer.
"Abatement costs" means any cost or expenses, including City staff time
reasonably related to the Abatement of a violation under this Chapter, and shall include,
but shall not be limited to, enforcement, investigation, summaries, reports, notices,
Ordinance No. 2005
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telephonic contact, correspondence, mailing expense, title search costs, costs incurred
in obtaining an administrative warrant, administrative costs, including total direct and
indirect costs of enforcement established by generally accepted accounting principles that
are reasonably and necessarily incurred by the City to investigate, inspect, or cure any
violation or monitor the recurrence of any violation that is the subject of a notice issued
by the Enforcing officer, including, but not limited to, scheduling and participation at
hearings, expenses incurred by the City, and any other costs associated with the removal,
abatement or correction of a violation.
"Administrative Cannabis Permit" means the temporary permit issued by the City
to initiate and obtain any applicable State permits and other preliminary activities prior to
the effective date of this Ordinance.
"Administrative Hold" means an order by the City Manager prohibiting the
movement, removal, transport, use, treatment or disposal of material that is, or is
suspected of being, adulterated, misbranded, or hazardous waste that is being
mismanaged or that the City Manager has reason to suspect is, or will be managed in
violation of the Chapter.
"Adult -Use" means the lawful use of Cannabis goods under the provisions of
MAUCRSA by a person twenty-one (21) years old who does not possess a physician's
recommendation for Cannabis goods.
"Adult -Use Cannabis Activity" includes cultivation, manufacture, processing,
laboratory testing, transporting, transportation and distribution, distribution, consumption
on -site, or sale of Cannabis goods, within the meaning of California Business and
Professions Code 26000 et seq.
"Adult -Use Cannabis Business" means any business or operation which engages
in Adult -Use Cannabis Activity.
"Adult -Use Cannabis Permit" means a regulatory permit issued by the City of Palm
Springs pursuant to this Chapter to an Adult -Use Cannabis Business and is required
before any Adult -Use Cannabis Activity may be conducted in the City. The initial permit
and annual renewal of an Adult -Use Cannabis Permit is made expressly contingent upon
the business' ongoing compliance with all of the requirements of this Chapter and any
regulations adopted by the City governing the Adult -Use Cannabis Activity at issue.
"Adulterated" shall have the same meaning as California Business and Professions
Code Section 26131.
"Applicant" means a person twenty-one (21) years of age or older who has
submitted an Application for a permit or renewal of a permit issued pursuant to this
Chapter. If the Applicant is an entity and not a natural person, Applicant shall include all
persons having a twenty (20) percent or more financial interest in the entity.
"Application" means that form provided by the City Manager in accordance with
this Chapter for the purpose of seeking an Adult -Use Cannabis Permit.
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"Batch" means a specific quantity of homogenous cannabis or cannabis product
that is either a harvest batch or a manufactured cannabis batch.
"Batch number" or "lot number" means a distinctive group of numbers, letters, or
symbols or any combination of these that is unique to a group of cannabis goods from
which the complete history of the commercial cannabis activity involving the cannabis
goods can be determined.
"Bureau" means the Bureau of Cannabis Control, previously named the Bureau of
Marijuana Control, Bureau of Medical Cannabis Regulation, and Bureau of Medical
Marijuana Regulation.
"Cannabinoid" or "phytocannabinoid" means a chemical compound that is unique
to and derived from Cannabis.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, cannabis indica,
or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means
the separated resin, whether crude or purified, obtained from Cannabis. "Cannabis" also
means marijuana as defined by Section 11018 of the California Health and Safety Code.
"Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp
as that term is defined by Section 81000 of the California Food and Agricultural Code or
Section 11018.5 of the California Health and Safety Code.
"Cannabis Concentrate" means manufactured Cannabis that has undergone a
process to concentrate one or more active cannabinoids, thereby increasing the product's
potency. Resin from granular trichomes from a Cannabis plant is a concentrate for
purposes of this chapter. A Cannabis Concentrate is not considered food, as defined by
Section 109935 of the California Health and Safety Code, or a drug, as defined by Section
109925 of the California Health and Safety Code.
"Cannabis goods" means cannabis, including dried flower, and products containing
cannabis.
"Canopy" means all of the following:
1. The designated area(s) at a licensed premise that will contain
mature plants at any point in time;
2. Canopy shall be calculated in square feet and measured using
clearly identifiable boundaries of all area(s) that will contain mature plants at any point
in time, including all of the space(s) within the boundaries;
Ordinance No. 2005
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3. Canopy may be noncontiguous, but each unique area included in
the total canopy calculation shall be separated by an identifiable boundary such as an
interior wall or by at least 10 feet of open space; and
4. If mature plants are being cultivated using a shelving system, the
surface area of each level shall be included in the total canopy calculation.
"Cannabis Lounge" means a discrete facility where Cannabis goods may be
smoked or ingested within the confines of the facility.
"Cannabis Medical Use Dispensary" means an establishment wherein cannabis is
sold for medicinal purposes by a medicinal cannabis cooperative, collective, dispensary,
operator, or retailer who cultivates, distributes, or sells medicinal cannabis to qualified
patients, or primary caregivers of qualified patients, pursuant to Health and Safety Code
Section 11362.5 and qualifies for an M-license under Division 10 of the Business and
Professions Code.
" Cannabis Overlay Zone" means a geographic area of the City defined by
separate ordinance in the City's Zoning Code.
"Cannabis Testing Facility" means a facility, entity, or site in the City that offers or
performs testing of Cannabis goods and that is both of the following:
1. Accredited by an accrediting body that is independent from all
other persons involved in the Adult -Use Cannabis industry in the state; and
2. Registered with the California State Department of Public
Health.
"Caregiver" or "Primary Caregiver" has the same meaning as that term is defined
in Section 11362.7 of the California Health and Safety Code.
"Certificate of Accreditation" means a certificate issued by an accrediting body to
a licensed Cannabis Testing Facility, , entity, or site to be registered in the state.
"Conditional Cannabis Permit" means the temporary permit issued by the City to
an Applicant to initiate and obtain any applicable State applications and other preliminary
activities. A Conditional Cannabis Permit does not permit the Applicant to commence
actual operations of any Adult -Use Cannabis Activity.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of Adult -Use Cannabis. Within the definition of Cultivation,
the following specific license types, corresponding to state cultivator license types set
forth in California Business and Professions Code Section 26050, apply:
1. Type 1 or "specialty outdoor" means outdoor Cultivation using no
artificial lighting and having no more than fifty (50) mature plants or five thousand
(5,000) square feet of total canopy size whichever is less;
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2. Type 1A or "specialty indoor" means Cultivation using exclusively
artificial lighting, is entirely contained within a structure, and having no more than five
thousand (5,000) square feet of total canopy size;
3. Type 1 B or "specialty mixed -light" means Cultivation using a
combination of natural and supplemental artificial lighting and having no more than five
thousand (5,000) square feet of total canopy size;
4. Type 2 or "small outdoor" means outdoor Cultivation using no
artificial lighting and having a total canopy size between five thousand one (5,001) and
ten thousand (10,000) square feet;
5. Type 2A or "small indoor' means indoor Cultivation exclusively
using artificial lighting and having a total canopy size between five thousand one (5,001)
and ten thousand (10,000) square feet;
6. Type 2B or "small mixed -light" means Cultivation using a
combination of natural and supplemental artificial lighting and having a total canopy size
between five thousand one (5,001) and ten thousand (10,000) square feet;
7. Type 3 or "outdoor" means outdoor Cultivation using no artificial
lighting and having a total canopy area between ten thousand one (10,001) square feet
and one acre;
8. Type 3A or "indoor" means indoor Cultivation using exclusively
artificial lighting and having a total canopy area between ten thousand one (10,001) and
twenty-two thousand (22,000) square feet;
9. Type 3B or "mixed -light" means Cultivation using a combination of
natural and supplemental artificial lighting and having a total canopy area of between
ten thousand one (10,001) and twenty-two thousand (22,000) square feet; and
10. Type 4 or "nursery" means Cultivation of Adult -Use Cannabis solely
as a nursery.
"Cultivation site" means a location where Adult -Use Cannabis is planted, grown,
harvested, dried, cured, graded, or trimmed, or where all or any combination of those
activities occurs, and where the operator holds a valid Adult -Use Cannabis Permit for
Cultivation from the City of Palm Springs and a valid state license to cultivate Cannabis
as required by State Law.
"Delivery" means the commercial transfer of Cannabis goods from a dispensary,
up to an amount determined to be authorized by the State of California, or any of its
departments or divisions, to an individual of 21 years age or older legally allowed to
purchase Cannabis goods. "Delivery" also includes the use by a dispensary of any
technology platform owned and controlled by the dispensary, or independently licensed
by the State of California under MAUCRSA that enables anyone to arrange for or facilitate
the commercial transfer by a licensed dispensary of Cannabis goods.
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"Dispensary" means any person, entity, or operation, in whole or in part, whether
operating for profit or not -for -profit, and all associated owners, employees, managers or
agents engaged in both medicinal and adult use commercial cannabis activity from the
permitted premises for the retail sale and delivery of cannabis goods to customers. A
"Dispensary," as that term is used in this Chapter, is a "Retailer" under the MAUCRSA.
"Dispensing" means any activity involving the retail sale of Cannabis goods from a
dispensary.
"Distribution" means the procurement, sale, and transport of Cannabis goods
between entities licensed pursuant to this chapter.
"Distributor" means a person holding a valid Adult -Use Cannabis Permit for
distribution issued by the City of Palm Springs, and, a valid state license for distribution,
required by State Law to engage in the procurement, sale, and transport of Cannabis
goods between licensees.
"Dried flower" means all dead Cannabis that has been harvested, dried, cured, or
otherwise processed, excluding leaves and stems.
"Edible Cannabis Product" means manufactured Cannabis that is intended to be
used, in whole or in part, for human consumption including, but not limited to, chewing
gum, but excluding products set forth in Division 15 (commencing with Section 32501) of
the Food and Agricultural Code. An Edible Cannabis Product is not considered food as
defined by Section 109935 of the California Health and Safety Code or a drug as defined
by Section 109925 of the California Health and Safety Code.
"Enforcement officer" means a code compliance officer, police officer, building
inspector, or any other city employee designated by the City Manager to enforce the
provisions of the Palm Springs Municipal Code and granted authority to issue notices and
orders, citations, notices to comply, or initiate any other administrative remedy pursuant
to this code. The term "enforcement officer" also includes any city employee or official
expressly provided enforcement authority pursuant to the provisions of this code.
"Equity Interest" means any profit-sharing arrangement or entitlement to profits
from an Adult -Use Cannabis Business.
"Financial Interest" means an investment into an Adult -Use Cannabis Business, a
loan provided to an Adult -Use Cannabis Business, or any other 'equity interest' in an
Adult -Use Cannabis Business.
"Fully enclosed and secure structure" or "greenhouse" means a space within a
building or other structure which has a complete roof enclosure supported by connecting
walls extending from the ground to the roof, which is secure against unauthorized entry,
provides complete visual screening, and which is accessible only through one or more
lockable doors and is inaccessible to minors and provided such "greenhouse" is
constructed to usual and customary standards and approved by the Building Official.
Ordinance No. 2005
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"Good Standing" means that an operation is regarded as having complied with all
explicit obligations, while not being subject to any form of sanction, suspension, or
disciplinary censure by the City, State, or any of the State's departments or divisions.
"Identification card" has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
"Labor Peace Agreement" shall have the same meaning as California Business
and Professions Code 26001(x) as well as any additional requirements imposed by the
City.
"Licensee" means a person issued a state license under Division 10 (commencing
with Section 26000) of the California Business and Professions Code, to engage in Adult -
Use Cannabis Activity.
"Licensing authority" means the state agency responsible for the issuance,
renewal, or reinstatement of a license for Adult -Use Cannabis activities, or the state
agency authorized to take disciplinary action against the license.
"Live plants" means living Adult -Use Cannabis flowers and plants, including seeds,
sprouts, immature plants (including unrooted clones), and vegetative stage plants.
"Manufactured Cannabis" means raw Cannabis that has undergone a process
whereby the raw agricultural product has been transformed into a concentrate, an edible
product, or a topical product intended for internal consumption or topical Application.
"Manufacturer" means a person that conducts the production, preparation,
propagation, or compounding of manufactured Cannabis goods either directly or indirectly
or by extraction methods, or independently by means of chemical synthesis at a fixed
location that packages or repackages Cannabis goods or labels or re -labels its container,
where the operator holds (1) a valid Adult -Use Cannabis Permit for manufacturing from
the City of Palm Springs and (2) after January 1, 2018 or as soon as permitted by the
state granting agency, department or division, a valid state license for manufacturing
pursuant to MAUCRSA.
Manufacturing License Types as defined by the California Department of Public
Health:
"Type 7" for manufacturers using volatile solvents, such as butane, hexane,
or propane.
"Type 6" for manufacturers using nonvolatile solvents, such as carbon
dioxide, ethanol, water, butter or oil, or performing extractions using
mechanical methods.
"Type W for manufacturers performing infusion.
"Type P" For manufacturers only packaging or labeling cannabis products.
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"Type S" For manufacturers operating on a registered shared -use facility.
"Marijuana" means "Cannabis," as that term is defined in this Section.
"MAUCRSK means the Medical and Adult -Use Cannabis Regulation and Safety
Act, and as may be amended from time to time, a comprehensive regulatory framework
for the licensing, control, and taxation of medical and Adult -Use Cannabis related
businesses in California.
"Misbranded" shall have the same meaning as California Business and
Professions Code 26121.
"Nursery" means a licensee that produces only clones, immature plants, seeds,
and other agricultural products used specifically for the planting, propagation, and
cultivation of Adult -Use Cannabis.
"Odor control equipment" means any equipment utilized to counteract the
distinguishable odor of the cannabis plant.
"Odor Control Plan" means a written plan which describes specific odor mitigation
technologies and techniques incorporated to ensure that odors are not detected off -site.
"Odor detection threshold" means the
contaminants when one volume of the odorous
volumes of odor -free air as measured by any
designated by the City.
"Owner" means any of the following:
threshold for the detection of odorous
air has been diluted with seven or more
instrument, device, or any other method
A. Any person with an ownership interest of ten percent (10%) or more in the
Adult -Use Cannabis Business or Cannabis Medical Use Dispensary applying for a permit
pursuant to this Chapter;
B. The chief executive officer of an entity, including nonprofits;
C. A member of the board of directors of a for -profit or non-profit entity;
D. All persons within an entity that have a financial interest of ten percent
(10%) or more in the proposed Adult -Use Cannabis Business or Cannabis Medical Use
Dispensary, including but not limited to: 1. A general partner of an Adult -Use Cannabis
Business or Cannabis Medical Use Dispensary that is organized as a partnership; 2. A
non-member manager or managing member of an Adult -Use Cannabis Business or
Cannabis Medical Use Dispensary that is organized as a limited liability company; 3. Any
person holding a voting interest in a partnership, association, or limited liability company;
4. All officers or directors of an Adult -Use Cannabis Business or Cannabis Medical Use
Dispensary that is organized as a corporation and all shareholders who individually own
more than ten percent (10%) of the issued and outstanding stock of the corporation.
Ordinance No. 2005
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"Patient" or "qualified patient" shall have the same definition as California Health
and Safety Code Section 11362.7 et seq., as it may be amended, and which means a
person who is entitled to the protections of California Health & Safety Code Section
11362.5. For purposes of this ordinance, qualified patient shall include a person with an
identification card, as that term is defined by California Health and Safety Code Section
11362.7 et seq.
"Permittee" means a person issued a City permit under this Chapter.
"Person" means an individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit and includes the plural as well as the
singular number.
"Premises" means the building or greenhouse in which Adult -Use Cannabis
activities are operated and, in addition, any accessory structures and appurtenant areas.
"Primary caregiver" has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
"Property Owner" means the individual or entity who is the record owner of the
subject property where Adult -Use Cannabis activities are located or are proposed to be
located. The term "Property Owner" does not include a lessor of real property subject to
a ground lease of ten or more years where the Owner as lessor does not retain any
interest or right of control in any building constructed on the real property subject to such
ground lease.
"State Law" means all statutes, rules, and regulations relating to the Cultivation,
manufacture, dispensing, sale, distribution, and transportation of Adult -Use Cannabis, as
such statutes, rules, and regulations as may be amended from time to time.
"State license," "license," or "registration" means a state license issued by the State
of California, or one of its departments or divisions, under MAUCRSA to engage in Adult -
Use Cannabis Activity.
"Tamper Evident" means that the cannabis goods packaging is sealed in a manner
that prevents the packaging from being opened without obvious destruction of the seal.
"Temporary Cannabis Event" means a one (1) to four (4) day temporary event
where the onsite sale and consumption of cannabis goods is authorized at the location
requested.
"Track and Trace System" means a system as described in Section 26067 of the
California Business and Professions Code which reports the movement of Cannabis
goods throughout the distribution chain, using a unique identifier
"Transport" means the physical movement of cannabis goods from one licensed
premises to another licensed premises.
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Page 14
"Unique Identifier" means an alphanumeric code or designation used for reference
to a specific cannabis plant on a permitted premise and any cannabis goods derived or
manufactured from said cannabis plant.
5.55.060 Adult -Use Cannabis Permit Required to Engage in Adult -Use Cannabis
Business.
No person may engage in any Adult -Use Cannabis Business or in any Adult -Use
Cannabis Activity within the City of Palm Springs including Cultivation, manufacture,
processing, laboratory testing, transporting, dispensing, distribution, or sale of Cannabis
goods unless the person (1) has a valid Adult -Use Cannabis Permit from the City of Palm
Springs and (2) is currently in compliance with all applicable state and local laws and
regulations pertaining to the Adult -Use Cannabis Business and the Adult -Use Cannabis
Business activities, including the duty to obtain any required state licenses. Persons with
a valid Adult -Use Cannabis Permit shall only operate under the name and/or "doing
business as" or "DBA" provided in the permit application.
5.55.070 Adult -Use Cannabis Permit Required
A. Any person who intends to engage in a Adult -Use Cannabis Activity shall
obtain an Adult -Use Cannabis Permit for the fixed location in which the Adult -Use
Cannabis Activity is to occur.
B. It is unlawful for any person to conduct, engage in or allow to be conducted
or engaged in Adult -Use Cannabis Activity within the corporate limits of City of Palm
Springs, unless the City has issued such person a permit under this Chapter and the
permit is in effect. Notwithstanding the above, the permits issued under this Chapter do
not provide any protection or immunity for any person from state or federal laws, or from
prosecution pursuant to any applicable state or federal laws.
C. Pursuant to state law, a valid license from the State shall be required to
operate any Adult -Use Cannabis Business.
D. The fact that an Applicant possesses other types of state or City permits or
licenses, shall not exempt the Applicant from obtaining an Adult -Use Cannabis Permit
under this Chapter, nor shall the terms and conditions of any other such permit or license
modify the requirements of a permit granted under this Chapter, except that the Adult -
Use Cannabis Permit must be consistent with the land use entitlement issued by the City.
E. The Applicant must receive all necessary land use entitlements as required
by the Palm Springs Zoning Ordinance before the City Manager will issue an Adult -Use
Cannabis Permit under this Chapter.
F. Any Administrative Cannabis Permit previously issued by the City to any
person who has finished the application review process and submitted any required land
use entitlement applications shall expire thirty-six (36) months from the date of issuance.
Upon expiration, an applicant that held an Administrative Cannabis Permit may apply for
an Adult -Use Cannabis Permit. The City Manager may waive any zoning requirements
Ordinance No. 2005
Page 15
not in effect at the time the Administrative Cannabis Permit was obtained.
All other Administrative Cannabis Permits shall expire thirty (30) days from the effective
date of this ordinance.
G. The following persons are exempt from the requirements of this Chapter:
1. A qualified medical Cannabis patient who cultivates one hundred
(100) square feet total canopy area or less of Cannabis exclusively for personal medical
use but who does not provide, donate, sell, or distribute Cannabis to any other person;
and
2. A primary medical Cannabis caregiver who cultivates one hundred
(100) square feet of total canopy area or less exclusively for the personal medical
purposes for each specified qualified patient for whom he or she is the Primary
Caregiver, up to five hundred (500) square feet, but who does not receive remuneration
for these activities except for compensation in full compliance with State Law.
3. Qualified patients and/or Primary Caregivers shall, upon request,
provide appropriate documentation to law enforcement demonstrating that they have a
valid doctor's recommendation to use Cannabis for medical purposes.
5.55.075 Ineligibility for Adult -Use Cannabis Permit.
A. Any person who the City determines or discovers to have previously
engaged in any adult -use cannabis activity or operated a cannabis medical use
dispensary without any required state of local permit, license or registration, whether
within or outside the City, shall be ineligible for approval as a Permittee under this
Chapter.
B. In the event that the City determines or discovers that a Permittee, prior to
issuance of their Permit by the City, engaged in any adult -use cannabis activity or in any
adult -use cannabis activity or operated a cannabis medical use dispensary, without any
required state of local permit, license or registration, whether within or outside the City,
the City shall revoke each and every City cannabis -related permit held by the Permittee
in question.
C. Notwithstanding subsection (A) and (B) of this section, the City Manager, in
the interest of justice, may allow persons with limited violations that did not endanger the
health and safety of the public to be eligible for an Adult -Use Cannabis Permit.
5.55.080 Adult -Use Cannabis Permit Application Process.
A. It is unlawful for any person to engage in, operate, conduct, carry on, or
allow to be carried on, adult -use cannabis activity in the City without having first met all
of the following requirements:
Ordinance No. 2005
Page 16
1. The person holds a valid Adult -Use Cannabis Permit pursuant to
the requirements of this chapter;
2. The person holds all necessary land use entitlements pursuant to
the requirements of the Zoning ordinance;
3. The person has paid any business tax license pursuant to 3.56 of
this Code; and
4. The person holds a State license in accordance with the
MAUCRSA and any applicable regulations implemented by the state or any of its
departments or divisions.
Exception. Permittees with Conditional Cannabis Permits may conduct the limited
actions permitted by these permits. Conditional Cannabis Permits issued for Adult -Use
Cannabis Activity at newly constructed buildings shall expire twenty-four (24) months from
the date of issuance if the Adult -Use Cannabis Business is not operational. Conditional
Cannabis Permits issued for Adult -Use Cannabis Activity at existing buildings shall expire
twelve (12) months from issuance if the Adult -Use Cannabis Business is not operational.
Permittees may appeal the expiration of a Conditional Cannabis Permit and be granted a
twelve (12) month extension based on a showing of substantial progress toward
becoming operational and no unreasonable delay (i.e., Permittee should demonstrate
measurable progress to becoming operational and identify unique factors that impeded
the Permittee from becoming operational) to the City Council. Permittees may apply for a
second twelve (12) month extension based on the same findings; however, if granted, the
Permittee shall pay a penalty determined by the City Council and not to exceed ten
thousand dollars ($10,000.00). Permittees who have Conditional Cannabis Permits
expire shall be prohibited from applying for a Conditional Cannabis Permit or an Adult -
Use Cannabis Permit for a period of twelve (12) months.
B. Each Application for the establishment of an Adult -Use Cannabis Business
shall be filed with the City Clerk on the form and in the manner prescribed by the City
Manager. The City Manager shall be responsible for administering the Application
process as set forth in this Chapter. All Applications for permits required pursuant to this
Chapter shall be made upon current forms prescribed by the City Manager and shall only
be for one location per application. Applicants may submit multiple applications for
multiple locations subject to applicable fees. Applications submitted to the City Manager
may include, but not be limited to, new business premises, transfers of ownership, change
of locations, premises modifications, and changes in trade name.
C. All Applications must include Application and permitting fees as established
by resolution adopted by the City Council as amended from time to time. No refunds shall
be given for any incomplete or abandoned applications.
D. A permit issued by the City Manager constitutes a revocable privilege. The
burden of proving an Applicant's qualifications for a permit rests at all times with the
Applicant.
Ordinance No. 2005
Page 17
E. The Applicant or its authorized agent must provide a bond if, in the sole
discretion of the City Manager, one is required based on the proposed adult -use cannabis
activity and any particular facts or circumstances related to the application or applicant.
F. In all cases, the Application must be complete in every material detail and
shall contain, without limitation, the following documentation:
All Applicants' names, mailing addresses, and e-mail addresses.
2. A twenty-four (24) hour contact phone number, email address and
the names of the dedicated person(s) to contact.
3. The physical address and assessor's parcel number(s) (APN or
APNs) of the property upon which the proposed Adult -Use Cannabis Business will be
located.
4. Proof of ownership of premises, or if the premises on which the
Adult -Use Cannabis Business is to occur is rented or leased, written permission from
the property owner containing the property owner's notarized signature that authorizes
the tenant or lessee to engage in Adult -Use Cannabis activities at the site.
5. A "to scale" diagram of the premises, showing, without limitation, a
site plan, building layout, all entry ways and exits to the facility, loading zones and all
areas in which Cannabis goods will be stored, grown, or dispensed. Detailed
architectural renderings showing the design and appearance of the building, entry way,
facade, landscaping, and any other public right-of-way facing features shall also be
submitted. Compliance with these submitted design and appearance renderings shall
be a condition of any City issued permit. Applications for a Dispensary or Cannabis
Lounge outside of the City's Cannabis Overlay Zone must obtain approval of
architectural renderings from the City Council.
6. if the Applicant is a business entity or any form of entity, information
regarding the entity, including, without limitation, the name and address of the entity, its
legal status, and proof of registration with, or a certificate of good standing from, the
California Secretary of State, as applicable.
7. The full name, date of birth, present address and telephone number
for all owners, supervisors, employees, and those with a financial interest in the Adult -
Use Cannabis Business that is the subject of the application. In the event an applicant
is an entity, each entity must disclose the owners or those with a financial interest in the
entity until an individual person(s) is/are named.
8. All Applicants, supervisors, employees, and persons having a
twenty (20) percent or more financial interest must submit fingerprints and other
necessary information for a background check.
Ordinance No. 2005
Page 18
9. Written proof (i.e., California driver's license, California
identification card, or certified birth certificate) that all Applicants, property owners,
supervisors, and employees are twenty-one (21) years of age or older.
10. The names and addresses of any other Adult -Use Cannabis
Business currently being operated by the Applicant, or that had previously been
operated by the Applicant and a statement of whether the authorization for any such
operation had been revoked or suspended and, if so, the reason therefor.
11. A full description of the proposed activities and products of the
Adult -Use Cannabis Business.
12. A description of the type of state license(s) that will be required for
the proposed operations pursuant to California Business and Professions Code Section
26000 et seq., including a description of the proposed total canopy area of any
Cultivation or nursery operation.
13. A detail of the procedures to be utilized at the premises including a
description of how chemicals, pesticides and fertilizers will be stored, handled, used,
and disposed of; and if applicable, manufacturing methods, the transportation process,
inventory procedures, and quality control procedures.
14. Proposed hours of operation. In no event shall delivery or sale of
cannabis or cannabis goods occur outside of the hours of 6:00 a.m. Pacific Time and
10:00 p.m. Pacific Time.
15. A waste disposal plan.
16. Odor control plan.
17. Documentation showing seed to sale compatible software.
18. Compliance with all applicable labor peace agreement and
community workforce agreement requirements as set forth by State law and any
additional requirements regarding the same promulgated by the City via ordinance,
resolution, or policy.
19. If applicable, provide the Applicant's seller's permit number issued
pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California
Revenue and Taxation Code or indicate that the Applicant is currently applying for a
seller's permit.
20. A statement by the Applicant that it has the ability to comply with
all laws regulating businesses in the State of California and that it shall maintain
compliance during the term of the permit.
21. Authorization for the City, its agents and employees to seek
verification of the information contained in the Application.
Ordinance No. 2005
Page 19
22. Certification, under penalty of perjury, that all the information
contained in the Application is true and correct.
23. Applicants that are not a natural person or group of natural people
that will be identified on the application must submit a Public Integrity Disclosure.
Disclosing:
a. The names of all natural persons who are officers, directors,
members, managers, trustees, and other fiduciaries serving trusts or other types
of organizations (attorneys, accountants, etc.) The name of persons owning a
financial interest of five percent (5%) or more in the entity. Owners/investors who
have such an interest hold either investment power or vote power, i.e., they can (i)
sell or transfer their interest, or (i) vote their interest in management decisions.
G. Nothing in this Section is intended to limit the City Manager's ability to
request additional information the City Manager deems necessary or relevant to
determining an Applicant's suitability for a permit or a renewal of a permit under this
Chapter. Each Applicant shall provide any additional information required that the City
Manager may request to process and fully investigate the Application. The additional
information must be provided to the City Manager no later than seven days after the
request unless otherwise specified by the City Manager. Failure to provide such additional
information by the requested deadline may result in denial of the Application or renewal
or revocation or suspension of a permit.
H. Based on the type of Adult -Use Cannabis activities proposed, the City
Manager may require the following additional information:
1. Adult -Use Cannabis Dispensary. In reviewing an Application to
dispense Cannabis goods, the City Manager may request operational plans detailing
how operations will comply with federal enforcement priorities.
2. Adult -Use Cannabis Cultivation. In reviewing an Application to
cultivate Adult -Use Cannabis, the City Manager may request the following additional
information:
a. Water conservation measures;
b. Projected energy demand and proposed renewable energy
generation facilities;
C. Unique identifier, inventory, and quality control procedures;
and
d. A floor plan identifying the location, dimensions, and
boundaries of all proposed canopy areas taking into account space needed for
ongoing care of plants and a description of the proposed method of physically
delineating those boundaries at the site.
Ordinance No. 2005
Page 20
3. Adult -Use Cannabis Manufacturing. In reviewing an Application to
operate a Cannabis manufacturing facility, the City Manager may request the following
additional information:
a. Information on products used in the manufacturing process
including the Cannabis supply chain, liquids, solvents, agents, and processes.
Cannabis shall be obtained from a licensed cultivator or licensed distributor
operating in compliance with all local and State Laws;
b. Storage protocol and hazard response plan;
C. Quality control measures; and
4. Adult -Use Cannabis Testing Facilities. In reviewing an Application
to operate a Cannabis testing facility, the City Manager may request the following
additional information:
a. An operations plan detailing how Cannabis will be received,
secured, tested, and destroyed upon completion;
b. Certificate of Accreditation;
C. Proposed procedures for record keeping including chain of
custody control and certificate issuance; and
5. Adult -Use Cannabis Transportation and Distribution Facility. In
reviewing an Application to operate a Cannabis transportation and/or distribution facility,
the City Manager may request any following additional information:
a. An operations plan detailing how, and from where, Cannabis
goods will be received, how any storage, distribution, and transportation operations
will be secured to prevent theft and trespass, and to whom the product will be
distributed;
b. Quality control inspections and requirements plan;
C. Truck parking and loading areas;
d. Storage and handling plans; and
I. All required Application materials shall be prepared by the Applicant and
submitted at the time of Application.
J. All Applicants shall submit information to the City Manager in a full, faithful,
truthful, and fair manner. The City Manager may deny an Application where the Applicant
made intentional or purposeful misstatements, omissions, misrepresentations, or untruths
in the Application or in connection with the Applicant's background investigation. This type
Ordinance No. 2005
Page 21
of conduct may be considered as the basis for additional administrative action against the
Applicant and it may also be the basis for criminal charges against the Applicant.
K. All Application forms supplied by the City Manager and filed by an Applicant
for a permit, including attachments and any other documents associated with the
investigation, shall be accessible by the City Manager and any state or local law
enforcement agency for a purpose authorized by this Chapter or for any other state or
local law enforcement purpose.
5.55.085 Adult -Use Cannabis Application Withdrawal.
A. An applicant may withdraw an application any time prior to the issuance or
denial of a permit by submitting a signed and dated request to withdraw, on a form
provided by the City for that purpose.
B. Upon the City's receipt of the request to withdraw, the application is deemed
withdrawn, void, and of no further force and effect.
C. Withdrawal of an application submitted under this Chapter does not deprive
the City of its authority to institute or continue any proceeding against the applicant for
the denial of an application for a permit upon any ground provided by law or to enter an
order denying an application for a permit upon any such ground.
5.55.090 Review of Application for Adult -Use Cannabis Permit.
A. The City Manager shall review the Application for an Adult -Use Cannabis
Permit and associated documents and shall require, if he or she deems necessary,
additional information to complete the Application. The City Manager may deem the
Application incomplete if it does not contain all required information and documents.
B. An Application shall not be deemed complete unless all required Application
fees have been paid.
C. Upon review of a complete Application for an Adult -Use Cannabis Permit,
the City Manager may grant the Application if:
1. The proposed Adult -Use Cannabis activities will comply with all the
requirements of the State and the Palm Springs Municipal Code;
2. The Applicant has received all necessary land use entitlements as
required by the Zoning Ordinance;
3. The proposed Adult -Use Cannabis activities will comply with all
provisions of this Chapter; and
4. If applicable, the Applicant has obtained a valid seller's permit
required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the
California Revenue and Taxation Code.
Ordinance No 2005
Page 22
D. The City Manager shall deny any Application that meets any of the following
criteria:
1. The Applicant has knowingly made a false statement of material
fact or has knowingly omitted a material fact from the Application;
2. Any Applicant, supervisor, employee, or persons having a twenty
(20) percent or more financial interest in the Adult -Use Cannabis Business has been
convicted of any crime that would disqualify the Applicant from having a State license.
3. The applicant's suitability to operate an Adult -Use Cannabis
Business per the terms of this Chapter is insufficient as determined by the City Manager
based on the applicant's previous civil, administrative or legal judgment or other
activities of a fraudulent nature.
4. If applicable, the Applicant failed to obtain or maintain a valid
seller's permit required pursuant to Part 1 (commencing with Section 6001) of Division
2 of the California Revenue and Taxation Code;
5. Any person who is listed on the Application is less than twenty-one
(21) years of age;
6. The proposed Adult -Use Cannabis Business does not comply with
the provisions of this Chapter or State Law; or
7. The Applicant has not received all necessary land use entitlements
as required by Palm Springs Zoning Code.
E. In the event the City Manager denies any Application, the City Manager
shall specify in writing the reasons for the denial and notify the Applicant that the decision
shall become final unless the permittee seeks an appeal pursuant to Chapter 2.05 of this
Code within ten (10) calendar days of the date of service of the City Manager's decision.
Service of the decision shall be provided in accordance with the requirements set forth in
Chapter 2.05 of this Code.
5.55.095 Required Findings and Conditions for Dispensaries.
A. A permit for an Adult -Use Cannabis dispensary shall not be granted by the
City Manager unless all of the following findings are made based on substantial evidence:
1. The dispensary, as proposed, has demonstrated that it can and will
comply with all of the requirements of the State and City to operate an Adult -Use
Cannabis dispensary.
2. The dispensary complies with the locational requirements of the
City's Zoning Ordinance.
Ordinance No. 2005
Page 23
3. The dispensary, as approved and conditioned, will not result in
significant unavoidable impacts on the environment.
4. The dispensary includes adequate measures that minimize, to the
extent feasible, nuisances to the immediate neighborhood and community including
minimizing the detection of odor from offsite, minimizing the effects of loitering, providing
adequate security measures, and not exceeding any applicable land use entitlements'
limits on hours of operation.
5. The dispensary will provide adequate measures that address the
federal enforcement priorities for Cannabis activities including restricting drugged
driving, restricting access to minors, and ensuring that Cannabis goods are supplied
from permitted and licensed sources.
B. In addition to any other required conditions and mitigation measures
approved by the City Manager, all of the following conditions shall apply to all permits for
an Adult -Use Cannabis dispensary:
1. The Adult -Use Cannabis dispensary shall allow access to
dispensary facilities and records if requested by the City, its officers, or agents, and
shall pay for an annual inspection in an amount to be determined by City Council
resolution and submit to inspections from the City or its officers to verify compliance with
all relevant rules, regulations, and conditions.
2. The Applicant and owner(s) agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to
determine compliance with this Chapter by any enforcement officer of the City or their
designee.
3. The Applicant for the dispensary facility and property owner (if the
property owner has a financial interest in the dispensary facility) shall indemnify, defend,
and hold the City harmless from any and all claims and proceedings relating to the
approval of the permit or relating to any damage to property or persons stemming from
the Adult -Use Cannabis Activity.
4. The Permittee shall be responsible for ensuring that all Adult -Use
Cannabis activities at the site operate in good standing with all permits and licenses
required by the City and State. Failure to take appropriate action to evict or otherwise
remove permittees and persons conducting Adult -Use Cannabis activities at the site
who do not maintain permits or licenses in good standing with the City or State shall be
grounds for the suspension or revocation of a permit pursuant to this Chapter.
5. The dispensary shall operate only in accordance with the operating
plans reviewed and approved by the City Manager.
6. If consumption of cannabis goods is proposed at the Cannabis
Lounge, the following conditions shall apply:
Ordinance No. 2005
Page 24
a. Concurrent Commercial Uses. In the event that a Cannabis
Lounge operates concurrently in a single premise with another use, the Cannabis
Lounge shall be a permitted use in accordance with Zoning Code.
b. Separate Premises. Cannabis Lounges shall be located on a
separate parcel or within a tenant space that is segregated and apart from any
other use. A Cannabis Lounge shall have a dedicated entrance from the street or
public sidewalk, and shall have no internal connections or passage to any other
tenant space or use except that a Cannabis Lounge may have an internal
connection or passage to a Cannabis Dispensary and may share a dedicated
entrance with a Cannabis Dispensary.
C. Sale of Cannabis Goods. Cannabis goods may be sold on the
premises of a Cannabis Lounge, subject to the following:
(i) The Permittee must hold an Adult -Use Dispensary
permit.
(ii) Permittees shall not permit patrons to bring their own
personal cannabis or cannabis goods to the Cannabis Lounge Facility.
(iii) All cannabis or cannabis goods purchased and opened
at the facility must be smoked, inhaled, consumed or ingested on site, and
shall not be permitted to leave the facility unless repackaged in a container
that is compliant with all applicable state law and regulation.
(iv) Permittees shall only permit patrons to leave the
Cannabis Lounge Facility with cannabis and cannabis goods that remain in
originally sealed and unopened packaging or have been transferred by the
Operator for repackaging in a container that is compliant with all applicable
state law and regulation.
d. Smoking of Cannabis. The smoking of cannabis may be
permitted at a Cannabis Lounge Facility, as may be allowable under state law.
e. Alcohol and Tobacco Products. The sale or consumption of
alcohol or tobacco products is not allowed on the premises.
f. Minors. Access to the Cannabis Lounge Facility shall be
restricted to persons twenty-one (21) years of age and older.
g. Visibility. The smoking, inhalation, consumption or ingestion
of cannabis or cannabis goods shall not be visible from any public place or any
area where minors may be present. The Cannabis Lounge shall be located within
a completely enclosed building.
h. Odor Control.
Ordinance No. 2005
Page 25
(i) Permittee shall provide an adequate odor control plan
so as to prevent any detectable odor at the property line of the premises.
Within twenty-four (24) hours of any complaint concerning odors emanating
from or originating within the facility, the permittee shall respond to the
complaint in question, and shall timely file a written disclosure to the City
documenting any and all actions taken and planned to address the odor
complaints.
i. Areas where cannabis consumption is permitted shall provide
adequate security and lighting on -site to ensure the safety of persons and protect
the premises from theft at all times in conformance with the security plan submitted
with the application. All security guards shall be licensed and possess a valid
Department of Consumer Affairs "Security Guard Card" at all times.
j. Cannabis goods shall only be provided to an individual in an
amount reasonable for on -site consumption and consistent with personal
possession and use limits allowed by the state.
k. Permittee shall provide law enforcement and all neighbors
within one hundred feet of the business with the name and phone number of an
on -site community relations employee to notify if there are operational problems
with the establishment.
I. Permittee shall place and properly maintain solid waste
receptacles and recycling bins, in sufficient numbers and locations to service the
needs of the proposed use at peak business periods and shall ensure all areas at
least one hundred feet from the consumption area are free of any waste or litter
generated by the use.
5.55.096 Required Findings and Conditions for Cultivation.
A. A permit for Adult -Use Cannabis Cultivation shall not be granted by the City
Manager unless all of the following findings are made based on substantial evidence:
1. The Cultivation, as proposed, will comply with all of the
requirements of the State and City for the Cultivation of Adult -Use Cannabis.
2, The Cultivation complies with the locational requirements of the
City's Zoning Ordinance.
3. The Cultivation, as approved and conditioned, will not result in
significant unavoidable impacts on the environment.
4. The Cultivation includes adequate measures that minimize use of
water for Adult -Use Cannabis Cultivation at the site.
5. The Cultivation includes adequate measures to address the
projected energy demand for Adult -Use Cannabis Cultivation at the site.
Ordinance No. 2005
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6. The Cultivation includes adequate quality control measures to
ensure Adult -Use Cannabis cultivated at the site meets industry standards.
7. The Cultivation includes adequate measures that address the
federal enforcement priorities for Cannabis activities including restricting access to
minors and ensuring that Cannabis goods are not supplied to unlicensed and
unpermitted persons within the State and not distributed out of state.
8. Sufficient power availability to meet the requirements of the
proposed use.
9. The building proposed to house the Cultivation meets all updated
codes found in Title 8 of this Code and it is determined that the building is suitable for
the proposed Cultivation use. Factors to consider include, but are not limited to, the
structural condition of the building, ceiling height, materials and any contaminants at the
site, utility services and capacity, and status of HVAC system. Building retrofitting may
be required to make this finding.
B. In addition to any other conditions and mitigation measures required by the
City Manager, all of the following conditions shall apply to all permits for Adult -Use
Cannabis Cultivation:
1. The Adult -Use Cultivation site shall allow access to Cultivation sites
and access to records if requested by the City, its officers, or agents, and shall pay for
an annual inspection in an amount to be determined by City Council resolution and
submit to inspections from the City or its officers to verify compliance with all relevant
rules, regulations, and conditions.
2. The Applicant and owner(s) agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to
determine compliance with this Chapter by any enforcement officer of the City or their
designee.
3. The Applicant for the Cultivation facility and property owner (if the
property owner has a financial interest in the Cultivation facility) shall indemnify, defend,
and hold the City harmless from any and all claims and proceedings relating to the
approval of the permit or relating to any damage to property or persons stemming from
the Adult -Use Cannabis Activity.
4. The Permittee shall be responsible for ensuring that all Adult -Use
Cannabis activities at the site operate in good standing with all permits and licenses
required by the City and Stat. Failure to take appropriate action to evict or otherwise
remove permittees and persons conducting Adult -Use Cannabis activities at the site
who do not maintain permits or licenses in good standing with the City or State shall be
grounds for the suspension or revocation of the permit pursuant to this Chapter.
5. The Cultivation activities shall be maintained in accordance with
the operating plans as approved by the City.
Ordinance No. 2005
Page 27
6. All cannabis packaged and/or labeled by a Cultivator shall meet the
provisions of packaging and labeling requirements specified by State law, including but
not limited to, California Business and Professions Code Division 5 ("Weights and
Measures") and Division 10 ("Cannabis") and any regulations implemented and
enforced by the Bureau of Cannabis Control, the State Department of Public Health, or
State Department of Food and Agriculture.
7. Prior to distribution and transportation, a Cultivator shall package
and seal all cannabis in tamper -evident packaging and use a unique identifier of the
harvest batch to identify and track said cannabis.
8. All labels for cannabis shall include all of the following: all required
government warnings; the net weight of cannabis in the package; source and the date
of cultivation; the type of cannabis; the date of packaging; and the product's unique
identifier for the harvest batch.
9. Packaging that makes cannabis attractive to children or imitates
candy is prohibited.
5.55.097 Required Findings and Conditions for Manufacturing.
A. A permit for Adult -Use Cannabis manufacturing shall not be granted by the
City Manager unless all of the following findings are made based on substantial evidence:
1. The manufacturing facility, as proposed, will comply with all of the
requirements of the State and City for the Adult -Use Cannabis manufacturing.
2. The manufacturing facility complies with the locational
requirements of the City's Zoning Ordinance.
3. The manufacturing, as approved and conditioned, will not result in
significant unavoidable impacts on the environment.
4. The manufacturing includes adequate quality control measures to
ensure Adult -Use Cannabis manufactured at the site meets industry standards.
5. The manufacturing facility does not pose a significant threat to the
public or to neighboring uses from explosion or from the release of harmful gases,
liquids, or substances and will be conducted in a manner to ensure the operation does
not pose a significant threat to the health, safety, and welfare of the public or to
neighboring properties.
6. The manufacturing operations plan includes adequate measures
that address the federal enforcement priorities for Cannabis activities including
providing restrictions on access to minors and ensuring that Cannabis goods are
obtained from and supplied only to other permitted licensed sources within the State.
Ordinance No 2005
Page 28
7. The building proposed to house the manufacturing meets all
updated codes found in Title 8 of this Code and it is determined that the building is
suitable for the proposed manufacturing use. Factors to consider include, but are not
limited to, the structural condition of the building, ceiling height, materials and any
contaminants at the site, utility services and capacity, and status of HVAC system.
Building retrofitting may be required to make this finding.
B. In addition to any other conditions and mitigation measures required by the
City Manager, all of the following conditions shall apply to all permits for Adult -Use
Cannabis manufacturing:
1. The Adult -Use Cannabis Manufacturing site shall allow access to
the facility and access to records if requested by the City, its officers, or agents, and
shall pay for an annual inspection and submit to inspections from the City or its officers
to verify compliance with all relevant rules, regulations, and conditions.
2. The Applicant and owner(s) agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to
determine compliance with this Chapter from any enforcement officer of the City or their
designee.
3. The Applicant for the manufacturing facility and property owner (if
the property owner has a financial interest in the manufacturing facility) shall indemnify,
defend, and hold the City harmless from any and all claims and proceedings relating to
the approval of the permit or relating to any damage to property or persons stemming
from the Adult -Use Cannabis Activity.
4. The Permittee shall be responsible for ensuring that all Adult -Use
Cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State Law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting Adult -Use
Cannabis activities at the site who do not maintain permits or licenses in good standing
with the City or State shall be grounds for the suspension or revocation of a permit
pursuant to this Chapter.
5. The manufacturing facilities and activities shall be maintained in
accordance with the operating plans approved by the City.
6. The manufacture of Cannabis goods shall comply with the
standards set by State and local law, including but not limited to those related to volatile
and nonvolatile extractions; labeling, packaging, repackaging, and relabeling; infusions;
safety; discharges; waste disposal; processing, handling, and storage of solvents or
gases; and food handling.
7. Manufacturers shall only be allowed to engage in the manufacture
of cannabis authorized by State law and in the Adult -Use Cannabis Permit issued for
the premises. No additional manufacturing activities may be conducted without applying
for, and receiving written permission, from the City for said additional activity.
Ordinance No. 2005
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8. All manufactured cannabis packaged and/or labeled by a
Manufacturer shall meet the provisions of packaging and labeling requirements
specified by State law, including but not limited to, California Business and Professions
Code Division 5 ("Weights and Measures") and Division 10 ("Cannabis"), and any
regulations implemented and enforced by the Bureau of Cannabis Control or the State
Department of Public Health.
9. Packaging that makes Cannabis goods attractive to children or
imitates candy is prohibited.
10. Prior to release of a product to a Distributor, Manufacturers shall
package and seal all Cannabis goods in tamper -evident packaging and use a unique
identifier for the manufactured cannabis batch to identify and track the cannabis goods.
11. Edible cannabis products shall not exceed 10 milligrams of
tetrahydrocannabinol (THC) per serving. The THC content for the edible cannabis
product in its entirety shall be printed on the edible cannabis product packaging.
12. The manufacture of Cannabis goods shall be conducted in a
manner to ensure the operation does not pose a significant threat to the health, safety,
and welfare of the public or to neighboring properties.
5.55.098 Required Findings and Conditions for Testing Facilities.
A. A permit for an Adult -Use Cannabis testing facility shall not be granted by
the City Manager unless all of the following findings are made based on substantial
evidence:
1. The testing facility, as proposed, will comply with all of the
requirements of the State and City for Cannabis manufacturing.
2. The testing facility complies with the locational requirements of the
City's Zoning Ordinance.
3. The Adult -Use Cannabis testing, as approved and conditioned, will
not result in significant unavoidable impacts on the environment.
4. The owners, permittees, operators, and employees of the testing
or laboratory facility will not be associated or cross -licensed with any other form of Adult -
Use Cannabis activity except for other testing facilities.
5. The testing facility is accredited by an appropriate accrediting
agency.
6. Plans for the testing facility demonstrate proper protocols and
procedures for statistically valid sampling methods and accurate certification of
Cannabis goods for potency, purity, pesticide residual levels, mold, and other
contaminants according to adopted industry standards.
Ordinance No. 2005
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B. In addition to any other conditions and mitigation measures required by the
City Manager, all of the following conditions shall apply to all permits for an Adult -Use
Cannabis testing facility:
1. The Adult -Use Cannabis testing facility shall allow access to the
facility and access to records if requested by the City, its officers, or agents, and shall
pay for an annual inspection and submit to inspections from the City or its officers to
verify compliance with all relevant rules, regulations, and conditions.
2. The Applicant and owner(s) to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine
compliance with this Chapter from any enforcement officer of the City or their designee.
3. The Applicant for the testing facility and property owner (if the
property owner has a financial interest in the testing facility) shall indemnify, defend,
and hold the City harmless from any and all claims and proceedings relating to the
approval of the permit or relating to any damage to property or persons stemming from
the Adult -Use Cannabis Activity.
4. The Permittee shall be responsible for ensuring that all Adult -Use
Cannabis activities at the site operate in good standing with all permits and licenses
required by the City and State. Failure to take appropriate action to evict or otherwise
remove permittees and persons conducting Adult -Use Cannabis activities at the site
who do not maintain permits or licenses in good standing with the City or State shall be
grounds for the suspension or revocation of a permit pursuant to this Chapter.
5. The testing facilities and related activities shall be maintained in
accordance with the operating plans approved by the City.
C. Notwithstanding any of the provisions of this Section 5.55.098, a permitted
Adult -Use Cannabis Business may conduct internal testing of Cannabis goods. However,
this provision shall not be interpreted to authorize or permit cross -licensing of a Cannabis
Testing Facility with any other type of permit of license hereunder, or with respect to State
law. Further, it shall be a violation of this ordinance for any Adult -Use Cannabis business
to publish or share with any third party any result of any internal testing.
5.55.099 Required Findings and Conditions for Transportation and Distribution
Facilities.
A. A permit for an Adult -Use Cannabis transportation and distribution facility
shall not be granted by the City Manager unless all of the following findings are made
based on substantial evidence:
1. The transportation and distribution facility, as proposed, will comply
with all of the requirements of the State and City for the Adult -Use Cannabis
transportation and distribution and all health protection operating criteria for the
distribution of cannabis goods as required by State law and regulations implemented
and enforced by the Bureau of Cannabis Control.
Ordinance No. 2005
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2. The transportation and distribution facility complies with the
locational requirements of the City's Zoning Ordinance.
3. The Adult -Use Cannabis transportation and distribution as
approved and conditioned, will not result in significant unavoidable impacts on the
environment.
4. Distributors shall transfer cannabis goods only between State
licensees.
5. Plans for the distribution facility demonstrate proper protocols and
procedures that address the federal enforcement priorities for Cannabis activities
including providing restrictions on access to minors and ensuring that Cannabis goods
are obtained from and supplied only to other permitted licensed sources within the State.
B. In addition to any other conditions and mitigation measures required by the
City Manager, all of the following conditions shall apply to all permits for an Adult -Use
Cannabis transportation and distribution facility:
1. The Adult -Use Cannabis transportation and distribution facility
shall allow access to the facility and access to records if requested by the City, its
officers, or agents, and shall pay for an annual inspection and submit to inspections
from the City or its officers to verify compliance with all relevant rules, regulations, and
conditions.
2. The Applicant and owner(s) agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to
determine compliance with this Chapter from any enforcement officer of the City or their
designee.
3. The Applicant for the transportation and distribution facility and
property owner (if the property owner has a financial interest in the transportation and
distribution facility) shall indemnify, defend, and hold the City harmless from any and all
claims and proceedings relating to the approval of the permit or relating to any damage
to property or persons stemming from the Adult -Use Cannabis Activity.
4. The Permittee shall be responsible for ensuring that all Adult -Use
Cannabis activities at the site operate in good standing with permits and licenses
required by the City of Palm Springs Code and State Law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting Adult -Use
Cannabis activities at the site who do not maintain permits or licenses in good standing
with the City or State shall be grounds for the modification or revocation of a permit
pursuant to this Chapter.
5. The transportation and distribution facilities and activities shall be
maintained in accordance with the operating plans approved by the City.
6. Records
Ordinance No. 2005
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a. In addition to records generally required of all Adult -Use
Cannabis Businesses, every distribution facility shall maintain records specific to
the operation, including but not limited to: records relating to branding, packaging
and labeling; inventory logs and records; transportation bills of lading and shipping
manifests for completed transports and for cannabis goods in transit; vehicle and
trailer ownership records; quality -assurance records; records relating to
destruction of cannabis goods; laboratory -testing records; warehouse receipts;
records relating to tax payments collected and paid. All records shall be made
available to the City upon request.
b. Every distribution facility shall maintain a written contract with
other State licensees storing cannabis goods on the Distributor's premises. A
separate storage inventory log for every State licensee storing cannabis goods on
the premises shall be maintained. The storage inventory logs, and written contracts
shall be provided to the City upon request. All inventory documents shall contain
the identity and State license number of all contracting parties.
C. Every distribution facility shall maintain a database, and
provide to the City upon request, a list of the individuals and vehicles authorized
to conduct transportation on behalf of the Distributor.
Section 5.55.100. Temporary Cannabis Event Permit
A. A permit for Temporary Cannabis Event shall not be granted by the City
Manager unless all of the following findings are made based on substantial evidence:
1. The applicant has demonstrated that it can and will comply with all
of the requirements of the State and City to hold a temporary cannabis event permit.
2. The Temporary Cannabis Event complies with the locational
requirements of the City's Zoning Ordinance.
3. The Temporary Cannabis Event, as approved and conditioned, will
not result in significant unavoidable impacts on the environment.
4. The Temporary Cannabis Event includes adequate measures that
minimize, to the extent feasible, nuisances to the immediate neighborhood and
community including minimizing the detection of odor from offsite, minimizing the effects
of loitering, providing adequate security measures, and not exceeding the Land Use
Permit's limits on hours of operation.
5. The Temporary Cannabis Event will provide adequate measures
that address the federal enforcement priorities for Cannabis activities including
restricting drugged driving, restricting access to minors, and ensuring that Cannabis
goods are supplied from permitted and licensed sources.
Ordinance No. 2005
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B. In addition to any other required conditions and mitigation measures
approved by the City Manager, all of the following conditions shall apply to all permits for
a Temporary Cannabis Event:
1. The name of the temporary cannabis event.
2. A diagram of the physical layout of the temporary cannabis event.
The diagram shall clearly indicate where the temporary cannabis event will be taking
place on the location grounds, all entrances and exits that will be used by participants
during the event, all cannabis consumption areas, and all retail areas where cannabis
goods will be sold. The hours during which cannabis goods will be sold shall be noted
on the diagram. The diagram shall also clearly indicate the area where cannabis waste
will be stored, all areas where cannabis goods will be stored, and the specific location
of each cannabis licensee who will be participating in the event. Each cannabis licensee
participating in the event shall be identified with an assigned temporary cannabis event
location number. The diagram shall not contain highlighting and the markings on the
diagram shall be in black -and -white print.
3. The dates and hours of operation for which the temporary cannabis
event license is being sought. A temporary event license is required for any date in
which the applicant engages in onsite cannabis sales or allows onsite cannabis
consumption.
4. Contact information for a designated contact person(s) who shall
be onsite at the event and reachable by telephone at all times that the event is occurring.
5. A list of all licensees and employees that will be providing onsite
sales of cannabis goods at the temporary cannabis event.
6. An Odor Control Plan demonstrating that no cannabis odor will be
present outside of the perimeter of the event.
Section 5.55.101. Cannabis Medical Use Dispensary Permit
A. A cannabis medical use dispensary permit shall not be granted by the City
Manager unless all of the following findings are made based on substantial evidence:
1. The dispensary, as proposed, has demonstrated that it can and will
comply with all of the requirements of the State and City to operate a medical cannabis
dispensary.
2. The dispensary complies with the locational requirements of the
City's Zoning Ordinance.
3. The dispensary, as approved and conditioned, will not result in
significant unavoidable impacts on the environment.
Ordinance No. 2005
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4. The dispensary includes adequate measures that minimize, to the
extent feasible, nuisances to the immediate neighborhood and community including
minimizing the detection of odor from offsite, minimizing the effects of loitering, providing
adequate security measures, and not exceeding the Land Use Permit's limits on hours
of operation.
5. The dispensary will provide adequate measures that address the
federal enforcement priorities for cannabis activities including restricting drugged
driving, restricting access to minors, and ensuring that the cannabis goods are supplied
from permitted and licensed sources.
B. In addition to any other required conditions and mitigation measures
approved by the City Manager, all of the following conditions shall apply to all permits for
a medical cannabis dispensary:
1. The Cannabis Medical Use Dispensary shall allow access to
dispensary facilities and records if requested by the City, its officers, or agents, and
shall pay for an annual inspection in an amount to be determined by City Council
resolution and submit to inspections from the City or its officers to verify compliance with
all relevant rules, regulations, and conditions.
2. The Applicant and owner(s) agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to
determine compliance with this Chapter by any enforcement officer of the City or their
designee.
3. The Applicant for the dispensary facility and property owner (if the
property owner has a financial interest in the dispensary facility) shall indemnify, defend,
and hold the City harmless from any and all claims and proceedings relating to the
approval of the permit or relating to any damage to property or persons stemming from
the commercial medical cannabis activity.
4. The Permittee shall be responsible for ensuring that all activities at
the site operate in good standing with all permits and licenses required by the City and
State. Failure to take appropriate action to evict or otherwise remove permittees and
persons conducting commercial medical cannabis activities at the site who do not
maintain permits or licenses in good standing with the City or State shall be grounds for
the suspension or revocation of a permit pursuant to this Chapter.
5. The dispensary shall operate only in accordance with the operating
plans reviewed and approved by the City Manager.
Section 5.55.102 Recordkeeping.
A. Adult -Use Cannabis Businesses shall comply with all recordkeeping
requirements, as set forth in this Chapter, California Business and Professions Code
Section 26000 et seq., and all applicable regulations implemented and enforced by the
State or any of its departments and divisions.
Ordinance No. 2005
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B. Every Adult -Use Cannabis Business shall maintain legible, clear, adequate,
and accurate books, records, and documentation, demonstrating that all cannabis goods
have been obtained from, and are provided to, other State licensees, and shall detail all
of the revenues and expenses of the business, and all of its assets and liabilities on the
premises. All records shall be in English.
C. All required records shall be stored, preserved, and maintained on the
premises for a minimum of (7) years. Mandatory records shall be stored in a secured area
where the records remain protected from debris, moisture, contamination, hazardous
waste, fire, or theft. Electronic records shall be secured and backed up in a manner that
prevents unauthorized access and that ensures the integrity of the records is maintained.
D. Adult -Use Cannabis Businesses shall maintain a current register of the
names and the contact information (including the address, e-mail address and telephone
number) of anyone owning or holding a financial interest in the Adult -Use Cannabis
Business, and separately a register of all the officers, managers, employees, responsible
persons, and volunteers currently employed or otherwise engaged by the Adult -Use
Cannabis Business. The register required by this subsection shall be provided to the City
Manager upon a verbal or written request.
E. Point -of -sale inventory control and reporting system.
1. Adult -Use Cannabis Businesses shall employ the use of track -and -
trace software. All transactions, business expenses, and operations must be tracked in
compliance with State Track -and -Trace regulations. The software must provide
documentation and information that meets State compliance requirements and have the
ability to integrate with the California Cannabis Authority (CCA) track -and -trace system.
2. Specific Requirements:
a. Retail. Ability to provide inventory management and Point of
Sale documentation and records to manage cannabis retails from seed to sale.
Generate monthly sales report that provide total gross monthly sales and tax
liabilities. Reports must be submitted with monthly tax remittance.
b. Cultivation. Ability to track and control operations from
planting through harvesting, to curing and packaging.
C. Manufacturing. Ability to manage each stage of the
manufacturing process from extraction and refinement to finished product.
Inventory management, electronic batch records, specification management,
equipment control and document management for compliance with state cannabis
regulation should be provided. Generate monthly report that demonstrates all
gross monthly sales and tax liabilities. Reports must be submitted with monthly tax
remittance.
d. Distribution. Ability to manage vendor, facilities and
wholesaler partner. Ability to automatically generate purchase orders, invoices,
Ordinance No. 2005
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and manifests. Generate monthly report that demonstrates all gross monthly sales
and tax liabilities. Reports must be submitted with monthly tax remittance.
5.55.105 Adult -Use Cannabis Permit Renewals
A. An application for permit renewal shall be submitted to the City Clerk's
Office at least thirty (30) business days prior to the expiration date of the current Adult -
Use Cannabis Permit, but no more than one -hundred twenty (120) days prior to the
expiration of the current Adult -Use Cannabis Permit provided notice to the permittee was
provided by the City at least one -hundred twenty (120) days prior to permit expiration. In
the event the City does not provide notice at least one -hundred twenty (120) days prior
to permit expiration, the permittee shall have until thirty (30) days from when the permittee
receives notice or thirty (30) days prior to the expiration date of the current permit,
whichever is later, however, in no event shall a permit renewal be accepted after the
expiration date of the current permit.
B. An Adult -Use Cannabis Business that does not obtain a renewed Adult -Use
Cannabis Permit by the end of the business day of the expiration date shall discontinue
operation of the Adult -Use Cannabis Activity until a new permit is issued.
C. Any Application for renewal shall be denied if:
1. The permittee fails to conform to the criteria set forth in this
Chapter;
2. The permittee is delinquent in payment of any City taxes on
commercial Cannabis activity; or
3. The permit is suspended or revoked at the time of the Application.
D. An Application for renewal shall be not be deemed complete until all
Application fees have been paid.
E. If the City Manager intends to deny the renewal, the City Manager shall
specify in writing the reasons for the denial of the renewal, and notify the permittee that
the decision shall become final unless the permittee seeks an appeal pursuant to Chapter
2.05 of this Code within ten (10) calendar days of the date of service of the City Manager's
decision. Service of the decision shall be provided in accordance with the requirements
set forth in Chapter 2.05 of this Code.
5.55.110 Compliance with Laws.
It is the responsibility of each Adult -Use Cannabis Business to ensure that it is, at
all times, operating in a manner compliant with all applicable state and local laws, and
any regulations promulgated thereunder. Nothing in this Chapter shall be construed as
authorizing any actions which violate state law or local law with respect to the operation
of an Adult -Use Cannabis Business. It shall be the responsibility of the owners and the
operators of the Adult -Use Cannabis Business to ensure that the Adult -Use Cannabis
Ordinance No. 2005
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Business is, at all times, operating in a manner compliant with MAUCRSA, all applicable
state and local laws, regulations and guidelines, any subsequently enacted State Law or
regulatory, licensing, or certification requirements, and any specific, additional operating
procedures or requirements which may be imposed as conditions of approval of the Adult -
Use Cannabis Permit. Nothing in this Chapter shall be construed as authorizing any
actions which violate State Law with regard to the operation of an Adult -Use Cannabis
Business.
5.55.120 Fees and Charges.
A. No person may commence or continue any Adult -Use Cannabis Business
in the City, without timely paying in full all fees and charges required for the operation of
an Adult -Use Cannabis Business. Fees and charges associated with the operation of an
Adult -Use Cannabis Business shall be established by resolution of the City Council to
recover the cost of administration of this Chapter and may be amended from time to time.
Permit Applicants and permittees are responsible for the costs of inspections,
investigations, and any other fee -associated activity established pursuant to this Chapter.
B. All Adult -Use Cannabis Businesses authorized to operate under this
Chapter shall pay all sales, use, business, gross receipts, Cultivation, and other
applicable taxes, and all license, registration, and other fees required under federal, state,
and local law. Each Adult -Use Cannabis Businesses shall cooperate with City with
respect to any reasonable request to audit the Adult -Use Cannabis Business' books and
records for the purpose of verifying compliance with this section as well as any
subsequent regulations adopted by the City, including but not limited to a verification of
the amount of taxes required to be paid during any period.
Section 5.55.125 Tax Incentives
A. Notwithstanding any other provisions of this Code, the following tax
incentives shall apply:
1. An Adult Use Cannabis cultivation operation located in the
Cannabis Overlay Zone shall pay a cultivation tax equal to fifty percent (50%) of the
applicable cultivation tax.
5.55.130 Transfers of Adult -Use Cannabis Permits.
A. No person shall operate an Adult -Use Cannabis Business at any location
other than the location specifically authorized and identified on the City issued Adult -Use
Cannabis Permit.
B. Transfer, conveyance, or sale of any or all ownership interests or control of
an Adult -Use Cannabis Business or transfer of any Adult -Use Cannabis Permit issued
under this Chapter may only be made to a person who has applied for and has been
issued an Adult -Use Cannabis Permit or permits pursuant to the provisions of this Chapter
Ordinance No. 2005
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and is otherwise fully qualified to operate an Adult -Use Cannabis Business in the City and
approved by the City Manager. Any attempt to transfer an Adult -Use Cannabis Permit or
an ownership interest in an Adult -Use Cannabis Business in violation of this Section shall
render the Adult -Use Cannabis Permit for the Adult -Use Cannabis Business and all rights
to operate such business in the City void.
C. An Adult -Use Cannabis Permit is issued to and covers only the permittee
identified on the permit with respect to the premises identified on the permit. The Adult -
Use Cannabis Permit does not run with the land.
D. In any situation where a permit has been lost as a result of an attempted
transfer of the Adult -Use Cannabis Permit or of the Adult -Use Cannabis Business, or as
a result of the abandonment or revocation of the permit, any new permit shall be issued
using the standard process for the issuance of permits in the first instance. No preference
shall be given to any person proposed as new owner or assignee by the former permit
holder.
5.55.140 Requirements Before Permittee May Commence Operations.
A. Prior to commencing operations an Adult -Use Cannabis Business shall
obtain a City of Palm Springs business license.
B. Prior to commencing operations, an Adult -Use Cannabis Business shall be
subject to a mandatory building inspection and must obtain all required permits and
approvals which would otherwise be required for any business of the same size and
intensity operating in that zone. This includes but is not limited to obtaining any required
building permit(s), fire department approvals, and other zoning and land use permit(s)
and approvals.
C. Prior to commencing operations, an Adult -Use Cannabis Business must
obtain a certification from the Director of Planning Services certifying that the business is
located on a site that meets all of the requirements of the City's Zoning Ordinance.
D. As a condition precedent to the City's issuance of an Adult -Use Cannabis
Permit pursuant to this Chapter, any person intending to open and operate an Adult -Use
Cannabis Business shall provide sufficient evidence of the legal right to occupy and to
use the proposed location. In the event the proposed location will be leased from another
person, the Applicant shall provide a signed and notarized statement from the owner of
the property, acknowledging that the property owner has read this Chapter and consents
to the operation of the Adult -Use Cannabis Business on the owner's property. Should any
change in ownership of the property/location occur during the lease term the
applicant/permittee shall provide to the City Manager written notice of the change which
should reflect the specifics of who or what entity will be acting as the property owner,
provide property owner's contact details, and indicate the effective date when the new or
newly organized property owner will own the property/location in question within seven
(7) days after any change. Within thirty (30) days following the change of property owner,
an applicant or permittee shall provide to the City Manager a new and superseding signed
Ordinance No. 2005
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and notarized statement from the new property owner acknowledging that the new or
newly organized property owner has read this Chapter and consents to the operation of
the Adult -Use Cannabis Business on the property.
E. To the fullest extent permitted by law, the City of Palm Springs shall not
assume any liability whatsoever with respect to having issued an Adult -Use Cannabis
Permit pursuant to this Chapter or otherwise approving the operation of any Adult -Use
Cannabis Business. As a condition to the approval of any Adult -Use Cannabis Permit, the
Applicant shall enter into a written agreement or agreements, in a form approved by the
City Attorney before any Adult -Use Cannabis Permit regarding the following:
1. Applicant shall agree to indemnify, defend (at Applicant's sole cost
and expense), and hold the City of Palm Springs, and its officers, officials, employees,
representatives, and agents, harmless, from any and all claims, losses, damages,
injuries, liabilities or losses which arise out of, or which are in any way related to, the
City's issuance of the Adult -Use Cannabis Permit, the City's decision to approve the
operation of the Adult -Use Cannabis Business or activity, to process used by the City
in making its decision, or the alleged violation of any federal, state or local laws by the
Adult -Use Cannabis Business or any of its officers, employees or agents.
2. Maintain insurance at coverage limits, and with conditions thereon
as determined necessary and appropriate from time to time by the City Manager. In no
event shall the insurance required aggregate less than $2 million dollars and no less
than $1 million dollars for each loss.
3. Reimburse the City of Palm Springs for all costs and expenses,
including but not limited to attorney fees and costs and court costs, which the City of
Palm Springs may be required to pay as a result of any legal action of any kind related
to the Applicant's Adult -Use Cannabis Permit, or related in any way any activity of the
Applicant in conjunction with the operation of the any Adult -Use Cannabis Activity. The
City of Palm Springs may, at its sole discretion, participate at its own expense in the
defense of any such action, but such participation shall not relieve any of the obligations
imposed hereunder.
4. Applicant shall keep the City and law enforcement updated with the
names, addresses, and relevant criminal histories of all employees, supervisors, and
other relevant parties for the Adult -Use Cannabis Business at all times. Relevant
criminal histories shall include any drug -related or felony convictions, the nature of such
offenses, and the sentences received for such convictions.
F. Before any Permittee may commence operation of any Adult -Use Cannabis
Business or be granted a business license as to same, that Permittee shall secure and
provide satisfactory proof to the City that the Permittee in question is a proper Licensee
of the State of California, authorized by State Law to engage in the specific Adult -Use
Cannabis Business to be undertaken in the City by the Permittee in question.
Ordinance No. 2005
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5.55.200 Adult -Use Cannabis Operating Requirements.
A. Throughout the term of the Adult -Use Cannabis Permit, each permittee shall
not violate this Chapter and shall comply with all of the following:
1. It shall be a violation of this Chapter for a permittee to cultivate,
process, manufacture, test, distribute, transport, deliver, provide, or allow to be provided
Cannabis to any person under twenty-one years of age except for Cannabis Medical
Use Dispensaries which may permit qualified patients, or primary caregivers of qualified
patients pursuant to applicable State law.
2. Each permittee of an Adult -Use Cannabis Business shall maintain
accurate books and records, detailing all of the revenues and expenses of the business,
and all of its assets and liabilities. On no less than an annual basis (at or before the time
of the renewal of an Adult -Use Cannabis Permit issued pursuant to this Chapter), or at
any time upon reasonable request of the City, each Adult -Use Cannabis Business shall
file a sworn statement detailing the number of sales by the Adult -Use Cannabis
Business during the previous twelve-month period (or shorter period based upon the
timing of the request), provided on a per -month basis. The statement shall also include
gross sales for each month, and all applicable taxes paid or due to be paid.
3. Each Permittee shall maintain a current register of the names and
the contact information (including the name, address, and telephone number) of anyone
owning or holding an financial interest in the Adult -Use Cannabis Business, and
separately of all the officers, managers, supervisors, employees and volunteers
currently employed or otherwise engaged by the Adult -Use Cannabis Business. The
register required by this paragraph shall be provided to the City Manager or his/her
designee(s) upon a reasonable request.
4. The Permittee shall post or cause to be posted on site all required
city and state permits and licenses required to operate. Such posting shall be in a central
location, visible to the patrons, at the operating site, and in all vehicles that deliver or
transport Cannabis goods.
5. Each permittee of an Adult -Use Cannabis Business shall maintain
an inventory control and reporting system that accurately documents the present
location, amounts, and descriptions of all Cannabis goods for all stages of the growing
and production or manufacturing, laboratory testing and distribution processes.
6. Each Adult -Use Cannabis Business shall allow City of Palm
Springs officials to have access to the business's books, records, accounts, together
with any other data or documents relevant to its permitted Adult -Use Cannabis activities,
for the purpose of conducting an audit or examination. Books, records, accounts, and
any and all relevant data or documents will be produced no later than twenty-four (24)
hours after receipt of the City's request, unless otherwise stipulated by the City.
7. The Permittee shall maintain clear and adequate records and
documentation demonstrating that all Cannabis goods have been obtained from and
Ordinance No. 2005
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are provided to other permitted and licensed Cannabis operations. The City shall have
the right to examine, monitor, and audit such records and documentation, which shall
be made available to the City upon request.
8. All Adult -Use Cannabis manufacturing facilities shall operate within
a legal structure that is compliant with all applicable State and local laws.
9. All Adult -Use Cannabis Businesses must pay all applicable sales
taxes and fees pursuant to all federal, State, and local laws and the owner and/or
operator shall not be delinquent in the payment of such taxes and fees.
10. On -site smoking, ingestion, or consumption of Cannabis or alcohol
shall be prohibited on the premises of all Adult -Use Cannabis
manufacturing/cultivation/testing facilities. The term "premises" as used in this
Subsection includes the actual building, as well as any accessory structures and parking
areas. The Adult -Use Cannabis facility building entrance shall be clearly and legibly
posted with a notice indicating that smoking, ingesting, or consuming Cannabis or
alcohol on the premises or in the vicinity of the facility is prohibited.
11. Signage for any Adult -Use Cannabis Business facility and/or
location shall include the name of the business and shall be in compliance with the City's
sign ordinance and any applicable City design standards.
12. Physician services shall not be provided on the premises.
"Physician services" includes without limitation the evaluation of patients for the
issuance of a medical Cannabis recommendation or card. "Physician services" does not
include social services, including counseling, help with housing and meals, hospice, and
other care referrals which may be provided on site.
13. The building in which any Adult -Use Cannabis Business facility is
located, as well as the operations as conducted therein, shall fully comply with all
applicable rules, regulations, and laws including, but not limited to, zoning and building
codes, the City's business license ordinances, the Revenue and Taxation Code, the
Americans with Disabilities Act, and MAUCRSA.
14. The canopy area of Adult -Use Cannabis located at any premises
shall not exceed the maximum canopy limits set by State Law and the limits set forth in
any City permit issued pursuant to the Palm Springs Municipal Code.
15. No person who is less than twenty-one (21) years of age may be
employed or otherwise engaged in the operation of the permittee.
16. Odor control plan and odor control equipment that satisfies the odor
requirements of this Chapter. .
17. No Cannabis goods, or graphics depicting Cannabis goods shall
be visible from the exterior of the premises.
Ordinance No. 2005
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18. All Cannabis goods shall be stored in a secured and locked safe
room, safe or vault, and in a manner to prevent diversion, theft, and loss, except for
limited amounts of Cannabis used for display purposes, samples, or immediate sale.
19. Each permittee shall be responsible and liable for safety and
security in and around the Adult -Use Cannabis Business, and shall provide adequate
security on the premises, including lighting and alarms, to ensure the safety of persons
and to protect the premises from theft and other crimes. Each permittee shall install and
maintain in proper working order, video monitoring equipment capable of providing
surveillance of both interior and exterior areas of the permitted establishment. Each
permittee shall maintain such surveillance video tapes for a period of at least thirty (30)
days and shall make such videotapes available to the City upon demand.
20. Each permittee shall provide the City Manager with the name,
telephone number, and e-mail address of a community relations contact to whom the
public can provide notice of problems associated with the Adult -Use Cannabis
Business. The permittee shall make a good faith effort to resolve problems without the
need for intervention by the City.
21. Any new supervisors, employees or other persons otherwise
engaged in the operation of the Adult -Use Cannabis Business must submit their
information to the City Manager within ten (10) days prior to their new ownership,
employment, or engagement, including fingerprints and other necessary information for
a background check.
22. No Permittee supervisor, employee, or other persons otherwise
engaged in the operation of the Adult -Use Cannabis Business may have been convicted
of any crime that would disqualify the permittee from having a State license.
23. The property owner(s) who own(s) the premises where the Adult -
Use Cannabis Business is located must at all times have all necessary land use
entitlements that run with the land as required by this Code and the land use
entitlements must be operative.
24. When applicable, the permittee must legally hold all required State
licenses under MAUCRSA as it may be amended, and under all other applicable State
Laws.
25. The permittee shall comply with all required city permits, state
licenses, city regulations, and State Laws and regulations, including without limitation,
City building, zoning, and health codes. The owner shall be responsible for the payment
of all required inspection fees, permit fees, and taxes with all applicable Federal, State,
and local laws, ordinances, and regulations.
26. No permittee shall display upon or in proximity to, or referring to the
location or premises of the Adult -Use Cannabis Business, use, publish, or exhibit, or
permit to be used, or published, any sign, advertisement, display, notice, symbol, or
other device which uses misleading, deceptive, or false advertising. No permittee shall
Ordinance No. 2005
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falsely represent, claim, or advertise the content, nature, quality, attributes, or effects of
any product or service provided by, or on the premises of, the Adult -Use Cannabis
Business.
27. The permittee shall fully comply with California Labor Code section
1102.5.
B. A permittee shall comply with the following Cultivation, manufacturing,
waste, and storage requirements:
1. Each permittee must follow all pesticide use requirements of local,
State, and Federal law.
2. Each permittee must maintain all weighing devices in compliance
with local, State, or Federal law.
3. Each permittee must follow all local, State, and Federal
requirements for waste disposal.
4. In no case shall any hazardous, flammable, or explosive
substances be used to process or manufacture Cannabis goods on site.
5. Pesticides and fertilizers shall be properly labeled and stored to
avoid contamination through erosion, leakage, or inadvertent damage from rodents,
pests, or wildlife.
6. All food products, food storage facilities, food -related utensils,
equipment, and materials shall be approved, used, managed, and handled in
accordance with Sections 113700-114437 of the California Health and Safety Code,
and California Retail Food Code. All food products shall be protected from
contamination at all times, and all food handlers must be clean, in good health and free
from communicable diseases.
C. At any time and without notice, City officials may enter the premises for the
purpose of observing compliance of the Adult -Use Cannabis Business with this Section,
including access to and inspection of the Adult -Use Cannabis Business' records, books,
accounts, financial data, and any and all data relevant to its permitted activities for the
purpose of conducting an audit or examination.
D. It is unlawful for any person having any responsibility over an Adult -Use
Cannabis Business to refuse to allow, impede, obstruct, or interfere with an inspection, or
the review of the copying of records and monitoring (including recordings) including, but
not limited to, the concealment, destruction, and falsification of any recordings or records.
5.55.205 Miscellaneous Operating Requirements.
A. Additional Requirements for Dispensaries.
Ordinance No. 2005
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1. Dispensaries shall be located only in zoning districts that
specifically provide for this use.
2. Dispensaries shall implement and maintain sufficient security
measures to both deter and prevent unauthorized entrance into areas containing
Cannabis good in compliance with Section 26070 0) of the California Business and
Professions Code and any rules promulgated by the State licensing authority. Security
measures shall include, but are not limited to, the following:
a. Prevent individuals from loitering on the premises of the
dispensary if they are not engaging in activity expressly related to the operations
of the dispensary;
b. Establish limited access areas accessible only to authorized
dispensary personnel;
C. Store all Cannabis goods in a secured and locked safe room,
safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for
limited amounts of Cannabis goods used for display purposes, samples, or
immediate sale;
d. Install security cameras on site; and
e. Provide for on -site security personnel meeting the
requirements and standards contained within applicable State regulations and
applicable City requirements.
3. If the dispensary operations are proposed to include transportation
and distribution, all employees of a dispensary delivering Cannabis goods shall carry a
copy of the documentation listed below when making deliveries. This information shall
be provided upon request to law enforcement officers and to employees of state and
local agencies enforcing this Chapter.
a. A copy of the dispensary's current permits, licenses, and
entitlements authorizing them to provide transportation and distribution services;
b. The employee's government -issued identification;
C. A copy of the transportation and distribution request; and
d. Chain of custody records for all goods being delivered.
4. Dispensaries shall ensure that all Cannabis goods at the
dispensary are cultivated, manufactured, transported, distributed, and tested by
licensed and permitted facilities that maintain operations in full conformance with state
and local regulations.
Ordinance No. 2005
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5. Dispensaries shall not distribute any Cannabis goods unless the
Cannabis goods are labeled and in a tamper -evident package in compliance with
Section 26120 (a) of the California Business and Professions Code and any additional
rules promulgated by the licensing authority and such label shall include the name and
contact information of the dispensary that dispensed the Adult -Use Cannabis.
6. Possession or transportation and distribution of any other form of
illegal drugs without proper legal authorization shall be grounds for revocation of
permits.
7. Dispensary shall facilitate the dispensing, making available, sale,
and delivery of cannabis goods with a technology platform that uses point -of -sale
technology to track, and database technology to record and store, the following
information for each transaction involving the exchange of cannabis goods between the
Dispensary and customer:
a. The first name and employee number of the Dispensary
employee who processed the sale of cannabis goods on behalf of the Dispensary.
b. A list of all the cannabis goods purchased, including the
quantity purchased.
C. The total amount paid for the sale, including the individual
prices paid for the Cannabis goods, and any amounts paid for tax.
B. Additional Requirements for Adult -Use Cannabis Cultivation.
1. Adult -Use Cannabis Cultivation shall be located only in zoning
districts that specifically provide for this use.
2. Adult -Use Cannabis Cultivation shall comply with all of the
following regulations:
a. All Cultivation activities permitted under this Chapter shall
comply with the state requirements for unique identifiers and the trace and track
program.
b. Security measures sufficient to restrict access only to
authorized personnel and to deter trespass and theft of Cannabis goods shall be
provided and maintained.
C. Pesticides and fertilizers shall be properly labeled and stored
to avoid contamination through erosion, leakage, or inadvertent damage from
rodents, pests, or wildlife.
d. Water conservation measures, water capture systems, or
grey water systems shall be incorporated in Adult -Use Cannabis Cultivation
operations in order to minimize use of water where feasible.
Ordinance No. 2005
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e. On -site renewable energy generation shall be required for all
indoor Adult -Use Cannabis Cultivation activities, if feasible. Renewable energy
systems shall be designed to have a generation potential equal to or greater than
one-half of the anticipated energy demand.
f. Cannabis plants shall not be visible from offsite. No visual
markers indicating that Cannabis is cultivated on the site shall be visible from
offsite.
g. The Permittee shall ensure that the total canopy size of Adult -
Use Cannabis cultivated at the site does not exceed the cumulative canopy size
authorized by State Law or regulation.
C. Additional Requirements for Adult -Use Cannabis Manufacturing.
1. Adult -Use Cannabis manufacturing shall be located only in zoning
districts that specifically provide for this use.
2. Adult -Use Cannabis manufacturing shall comply with all of the
following regulations:
a. The manufacturing of food or other products infused with or
which otherwise contain Cannabis may be manufactured within the appropriate
manufacturing zoning districts subject to the regulations set forth in this Chapter,
and subject to whatever additional regulations may be promulgated hereunder by
an ordinance or resolution of the City Council. Except as otherwise provided in this
Chapter, all Cannabis manufacturing within the City is prohibited.
b. Adult -Use Cannabis manufacturing facilities may be located
within the same building or structure as an indoor Adult -Use Cannabis Cultivation
facility only if the Adult -Use Cannabis manufacturing facility is located in separate
rooms of the building or structure.
C. Subject to the further requirements of this Section, only State
manufacturer license classification type 6 or type 7 will be allowed to operate in
the City using nonvolatile solvents in accordance with MAUCRSA and Business
and Professions Code Sections 26130 (a) and (b).
d. All Cannabis manufacturing operations shall ensure that
Cannabis is obtained from permitted and licensed Cultivation sources and shall
implement best practices to ensure that all manufactured Cannabis is properly
stored, labeled, transported, and inspected prior to distribution at a legally
permitted and licensed dispensary.
e. Security measures sufficient to restrict access to only
authorized personnel and to deter trespass and theft of Cannabis goods shall be
provided and maintained. Security measures shall include, but are not limited to,
the following:
Ordinance No. 2005
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(i) Prevent individuals from loitering on the premises of
the manufacturing facility if they are not engaging in activity expressly
related to the operations of the manufacturing facility;
(ii) Store all Cannabis goods in a secured and locked safe
room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;
Install security cameras on site; and
(iv) Provide for on -site security personnel meeting the
requirements and standards contained within applicable State regulations
and applicable City requirements.
f. Any employees of an Adult -Use Cannabis manufacturing
facility operating potentially hazardous equipment shall be trained on the proper
use of equipment and on the proper hazard response protocols in the event of
equipment failure. In addition, employees handling Edible Cannabis Products or
ingredients shall be trained on proper food safety practices.
g. Adult -Use Cannabis manufacturing is allowed only within
Fully Enclosed and Secure Structures that are inaccessible to minors.
h. Adult -Use Cannabis manufacturing shall not exceed the
square footage authorized pursuant to any applicable land uses entitlement.
i. From any public right-of-way, there shall be no visible exterior
evidence of any Adult -Use Cannabis manufacturing activity.
j. Adult -Use Cannabis manufacturing shall not adversely affect
the health or safety of the nearby residents by creating dust, glare, heat, noise,
smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use
or storage of materials, processes, products, or wastes.
k. All Adult -Use Cannabis manufacturing facilities shall fully
comply with all of the applicable restrictions and mandates set forth in State Law.
All Adult -Use Cannabis manufacturing facilities shall comply with all size
requirements for such facilities as imposed by State Law. Adult -Use Cannabis
manufacturing facilities shall not engage in any activities not allowed by Adult -Use
Cannabis manufacturing facilities pursuant to State Law. All Adult -Use Cannabis
manufacturing facilities shall comply with all horticultural, labeling, processing, and
other standards required by State Law.
I. There is no set restriction on the hours of operation of Adult -
Use Cannabis manufacturing facilities; however, restricted hours of operation may
be established as a condition of approval of the manufacturing permit or the
applicable land use entitlement.
Ordinance No. 2005
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M. Adult -Use Cannabis manufacturing facilities shall not
distribute, sell, dispense, or administer Cannabis from the facility to the public.
Adult -Use Cannabis manufacturing facilities shall not be operated as Adult -Use
Cannabis dispensaries.
n. The Permittee of all Adult -Use Cannabis manufacturing
facilities shall provide the City Manager with the name, phone number, and email
address of an on -site representative to whom the City and the public can provide
notice if there are any operational problems associated with the Adult -Use
Cannabis manufacturing facility. All Adult -Use Cannabis manufacturing facilities
shall make every good faith effort to encourage residents and the public to call this
representative to resolve any operational problems before any calls or complaints
are made to the City or law enforcement.
o. All finished products produced by an Adult -Use Cannabis
manufacturing facility must be labeled in compliance with MAUCRSA, Business
and Profession Code Section 26120, and the labeling requirements outlined by the
State Department of Public Health.
P. All finished products produced by an Adult -Use Cannabis
manufacturing facility must be packaged in child resistant containers prior to
leaving the facility or becoming commercially available in accordance with
MAUCRSA, Business and Profession Code Section 26120, the State Department
of Public Health regulations, and other applicable State Laws.
q. All batches of final Cannabis goods must be tested by a
qualified third -party testing facility prior to distribution to a dispensary as required
by MAUCRSA, Business and Professions Code Sections 26101, 26102, and
26104, and the State Department of Public Health regulations.
r. Adult -Use Cannabis manufacturing facilities shall only use
nonvolatile solvents that have been approved by the State Department of Public
Health for Adult -Use Cannabis level 1 manufacturing. Until such time as any such
nonvolatile solvents are approved by the State Department of Public Health for
Adult -Use Cannabis level 1 manufacturing, Adult -Use Cannabis manufacturing
facilities shall only use nonvolatile solvents that have been approved by the Food
and Drug Administration for the processing and preparation of botanical dietary
supplements or food grade products.
S. All processing and analytical testing devises used for Adult -
Use Cannabis manufacturing facilities must be UL listed, or otherwise approved
for the intended use by the City's Building Official or the Fire Department. Any
processing devices using only non -pressurized water are exempt from such
approval.
t. Unless otherwise prohibited, all processing devices used by
an Adult -Use Cannabis manufacturing facility that utilize hydrocarbons or
Ordinance No. 2005
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otherwise flammable solvents must operate in a closed loop, or in such a way that
all solvent material is recovered in the process. All hazardous material must be
disposed of in a manner which is compliant with all local, State, and federal
guidelines for the disposal of hazardous materials.
D. Additional Requirements for Adult -Use Cannabis Testing Facilities.
1. Adult -Use Cannabis testing facilities shall be located only in zoning
districts that specifically provide for this use.
2. Adult -Use Cannabis testing facilities shall comply with all of the
following regulations:
a. Adult -Use Cannabis testing facilities shall be independent
from all other persons and entities involved in the Adult -Use Cannabis industry.
b. Security measures sufficient to restrict access to only
authorized personnel and to deter trespass and theft of Cannabis goods shall be
provided and maintained. Security measures shall include, but are not limited to,
the following:
(i) Prevent individuals from loitering on the premises of
the testing facility if they are not engaging in activity expressly related to the
operations of the testing facility;
(ii) Store all Cannabis goods in a secured and locked safe
room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;
(iii) Install security cameras on site; and
(iv) Provide for on -site security personnel meeting the
requirements and standards contained within applicable State regulations
and applicable City requirements.
(v) c. Adult -Use Cannabis testing facilities shall adopt
standard operating procedures using methods consistent with general
requirements for the competence of testing and calibration activities,
including sampling, using standard methods established by the
International Organization for Standardization, specifically ISOIIEC 17020
and ISOIIEC 17025 to test Cannabis goods that are approved by an
accrediting body that is a signatory to the International Laboratory
Accreditation Cooperation Mutual Recognition Arrangement.
C. Adult -Use Cannabis testing facilities shall obtain samples for
testing according to a statistically valid sampling method.
Ordinance No. 2005
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d. If a test result falls outside the specifications authorized by law
or regulation, the Adult -Use Cannabis testing facility shall follow a standard
operating procedure to confirm or refute the original result.
e. Adult -Use Cannabis testing facilities shall destroy the remains
of any samples of Cannabis goods tested upon completion of the analysis.
f. A licensed Cannabis Testing Facility shall issue a certificate
of analysis for each lot, with supporting data, in compliance with State laws and
regulations.
E. Additional Requirements for Adult -Use Cannabis Transportation and
Distribution.
1. Adult -Use Cannabis transportation and distribution facilities shall
be located only in zoning districts that specifically provide for this use.
2. Adult -Use Cannabis transportation and distribution facilities shall
comply with all of the following requirements.
a. Cannabis goods shall only be transported between permitted
and licensed Adult -Use Cannabis Businesses.
b. Prior to transporting Cannabis goods, the transporter shall
complete an electronic shipping manifest. The shipping manifest shall include the
unique identifier information from the Cultivation source.
C. A physical copy of the shipping manifest shall be maintained
during transportation and shall be made available upon request to law enforcement
or any agents of the State or City charged with enforcement of this Chapter.
d. Distribution facilities shall maintain appropriate records of
transactions and shipping manifests. An organized and clean method of storing
and transporting Cannabis goods shall be provided to maintain a clear chain of
custody.
e. Security measures sufficient to restrict access to only
authorized personnel and to deter trespass and theft of Cannabis goods shall be
provided and maintained. Security measures at distribution facilities shall include,
but are not limited to, the following:
(i) Prevent individuals from loitering on the premises of
the distribution facility if they are not engaging in activity expressly related
to the operations of the distribution facility;
(ii) Store all Cannabis goods in a secured and locked safe
room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;
Ordinance No. 2005
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(iii) Install security cameras on site; and
(iv) Provide for on -site security personnel meeting the
requirements and standards contained within applicable State regulations
and applicable City requirements.
f. Distributors shall ensure that appropriate samples of
Cannabis goods are tested by a licensed testing facility prior to distribution.
g. Prior to distribution, the distributor shall inspect Cannabis
goods for quality assurance.
h. Cannabis goods shall be packaged and labeled in accordance
with the requirements of State Law.
i. Alternative fuel vehicles shall be provided as part of an Adult -
Use Cannabis transportation fleet.
5.55.210 Security Measures.
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)
Ordinance No. 2005
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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.
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. Each Adult -Use Cannabis Business shall have the capability to
remain secure and operational during a power outage and shall ensure that all access
doors are not solely controlled by an electronic access panel to ensure that locks are
not released during a power outage.
10. 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.
11. 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.
B. Each Adult -Use Cannabis Business shall identify a designated security
representative or liaison to the City of Palm Springs, who shall be reasonably available to
meet with the City Manager or their designee regarding any security related measures or
and operational issues.
C. As part of the Application and permitting process each Adult -Use Cannabis
Business shall have a storage and transportation plan, which describes in detail the
procedures for safely and securely storing and transporting all Cannabis goods and any
currency.
D. The Adult -Use Cannabis Business shall cooperate with the City whenever
the City Manager or their designee makes a request, upon reasonable notice to the Adult-
Ordinance No. 2005
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Use Cannabis Business, to inspect or audit the effectiveness of any security plan or of
any other requirement of this Chapter.
E. An Adult -Use Cannabis Business shall notify the City Manager or his/her
designee(s) within twenty-four (24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of
significance shall be determined by the regulations promulgated by the City Manager or
his/her designee.
2. Diversion, theft, loss, or any criminal activity involving the Adult -
Use Cannabis Business or any agent or employee of the Adult -Use Cannabis Business.
3. The loss or unauthorized alteration of records related to the Adult -
Use Cannabis Business.
4. Any other breach of security.
5.55.220 Packaging and Labeling Requirements.
A. Prior to the sale or the transportation and distribution of Cannabis goods the
same shall be labeled and placed in a tamper -evident packaging. Labels and packaging
must comply with all applicable state laws and regulations.
B. Any Adult -Use Cannabis Business with the word "organic" in its name must
place signage in its place of business visible upon entry and at the point -of -sale, in a
location and size acceptable to the City Manager, that states, "Product Being Sold Is Not
Organic Unless Explicitly Labeled." In no event will the sign be smaller than 8 1/2 inches
by 11 inches with font size no smaller than 72.
5.55.400 General Authority of City Manager.
A. The City Manager may delegate an act required to be performed pursuant
to this Chapter 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, including day-to-day
operations.
B. The City Manager or the City Manager's designees as provided in
Subsection A above shall have all the powers to:
1. Investigate violations or suspected violations of this Chapter,
Chapter 3.35, and Section 93.23.15, and any other laws or regulations pertaining to
Adult -Use Cannabis in this City, and any resolutions or regulations promulgated
pursuant to such provisions, and make arrests, with or without warrant, for any violation
thereof, if, during an officer's exercise of powers or performance of duties pursuant to
such laws, probable cause exists that a crime related to such laws has been or is being
committed.
Ordinance No. 2005
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2. View, duplicate, and/or take possession of recordings made by the
security cameras shall be made available to the City Manager upon verbal request; no
search warrant or subpoena shall be needed to view the recorded materials.
3. The City Manager shall have the right to enter an Adult -Use
Cannabis Business or facility from time to time unannounced for the purpose of making
reasonable inspections to observe and enforce compliance with this Chapter and all
laws of the City and State of California.
4. Serve all warrants, summonses, subpoenas, administrative
citations, notices, or other processes relating to the enforcement of laws regulating
Adult -Use Cannabis and Cannabis -infused product.
5. Assist or aid any law enforcement officer in the performance of the
duties upon such law enforcement officer's request or the request of other local officials
having jurisdiction.
6. Inspect, examine, or investigate any Adult -Use Cannabis Business
and/or facility or any property where Cannabis goods are grown, stored, cultivated,
manufactured, tested, distributed, or sold, and any books and records in any way
connected with any permitted activity.
7. Require any Permittee, upon demand, to permit an inspection of
any Adult -Use Cannabis Business or facility during business hours or at any time of
apparent operation, including without limitation any Cannabis equipment, and Cannabis
accessories, or books and records; and, to permit the testing of or examination of
Cannabis goods.
8. Require Applicants to submit complete and current Applications
and fees and other information the City Manager deems necessary to make permitting
decisions and approve material changes made by any Applicant or permittee;
9. Conduct investigations into the character, criminal history, and all
other relevant factors related to suitability of all Applicants and permittees for Adult -Use
Cannabis Permits and such other persons as the City Manager may require;
10. Promulgate such administrative regulations as deemed necessary
and appropriate, provided that said regulations are consistent herewith and with all
applicable State laws and regulations; and
11. Exercise any other power or duty authorized by law.
C. Applicants and Permittees Shall Cooperate with City Manager Employees.
1. Applicants and Permittees must cooperate with employees and
investigators of the City Manager who are conducting inspections or investigations
relevant to the enforcement of laws and regulations related to this Chapter.
Ordinance No. 2005
Page 55
2. No Applicant or Permittee shall by any means interfere with,
obstruct, or impede the City Manager or employee or investigator of the City Manager
from exercising their duties under the provisions of this Chapter and all rules
promulgated pursuant to it. This would include, but is not limited to:
a. Threatening force or violence against an employee or
investigator of the City Manager, or otherwise endeavoring to intimidate, obstruct,
or impede employees or investigators of the City Manager, their supervisors, or
any peace officers from exercising their duties. The term "threatening force"
includes the threat of bodily harm to such individual or to a member of their family;
b. Denying employees or investigators of the City Manager
access to an Adult -Use Cannabis Business during business hours or times of
apparent activity;
C. Providing false or misleading statements;
d. Providing false or misleading documents and records;
e. Failing to timely produce requested books and records
required to be maintained by the Permittee; or
f. Failing to timely respond to any other request for information
made by the City Manager in connection with an investigation of the qualifications,
conduct or compliance of an Applicant or permittee.
D. Administrative Hold. To prevent destruction of evidence, diversion, or other
threats to public safety, while permitting a Permittee to retain its inventory pending further
investigation, a City Manager investigator may order an administrative hold of Cannabis
goods pursuant to the following procedure:
1. If during an investigation or inspection of a permittee, the City
Manager develops reasonable grounds to believe certain Cannabis goods constitute
evidence of acts in violation of this Chapter or rules promulgated pursuant to it, or
otherwise constitute a threat to the public safety, the City Manager may issue a notice
of administrative hold of any such Cannabis goods. The notice of administrative hold
shall provide a documented description of the Cannabis goods to be subject to the
administrative hold.
2. The Permittee shall completely and physically segregate the
Cannabis goods subject to the administrative hold in a separate area of the Location
under investigation, where it shall be safeguarded by the Permittee. Pending the
outcome of the investigation and any related disciplinary proceeding, the Permittee is
prohibited from selling, giving away, transferring, transporting, or destroying the
Cannabis goods subject to the administrative hold.
Ordinance No. 2005
Page 56
3. Following an investigation, the City Manager may lift the
administrative hold, order the continuation of the administrative hold, or issue an order
for the destruction of the Cannabis goods.
4. Any decision or action of the City Manager pursuant to this
Subsection is subject to appeal pursuant to Section 2.05 of this Code.
E. Voluntary Surrender of Cannabis goods. A Permittee, prior to a Final Order
and upon mutual agreement with the City Manager, may elect to waive a right to a hearing
and any associated rights, and voluntarily surrender any Cannabis goods to the City
Manager. Such voluntary surrender may require destruction of any Cannabis goods in
the presence of a City Manager.
5.55,410 Suspension or Revocation of Adult -Use Cannabis Permit.
A. Noncompliance. Failure to comply with any of the provisions of this Chapter
will constitute grounds for suspension, denial, or revocation of the permit. The noticing
and hearing requirements for suspension or revocation of the permit shall be governed
by the provisions of Chapter 2.05 of this Code.
B. Cease activity. No person may conduct any business or activity regulated
by this Chapter while an application for a permit is pending, at any time after a permit
denial or revocation, or while a permit is suspended.
C. The City Manager may revoke or suspend any permit, on the following
grounds:
1. Failure to comply with any of the terms and conditions attached to
the permit.
2. Any act or omission that violates the requirements of this Code,
including any rule, regulation, condition, or standard adopted pursuant to this Chapter,
or any other applicable State or local rule, law, or regulation.
3. Any act or omission that results in the denial, revocation, or
suspension of the permittee's State license.
4. Failure to renew the permittee's State license.
5. The permit was granted, in whole or in part, based on any written
or oral misrepresentation or omission of a material statement in the permit application.
6. Conducting an Adult -Use Cannabis Business in a manner that
constitutes a nuisance, where the permittee has failed to comply with reasonable
conditions to abate the nuisance.
7. Conviction for any felony by an owner after a permit has been
issued.
Ordinance No. 2005
Page 57
8. A person has committed a deliberate or willful violation of an
applicable law, or applicable rule and regulation related to Adult -Use Cannabis activity.
D. The City Manager may consider the following factors in deciding whether a
permit should be suspended or revoked in accordance with this Chapter, as applicable:
1. A permit application does not satisfy the minimum qualifications or
fails to comply with the applicable requirements of this Chapter.
2. Any corrective action taken by the permittee.
3. Prior violations at the permitted premises by the permittee and the
effectiveness of prior corrective action.
4. Previous sanctions imposed against the permittee.
5. The number and/or variety of current violations.
6. The likelihood of recurrence.
7. All circumstances surrounding the violation.
8. Whether the violation was willful.
9. Any actual or potential harm to the public.
10. The length of time the permit has been held by the permittee.
11. Any other factor that makes the situation unique or the violation of
greater concern, with respect to the permittee or the permitted premises.
5.55.420 Service.
Wherever this Chapter requires the City to serve notice to an Applicant, permittee,
or property owner such notice shall be given by the City Manager, in writing, and shall be
delivered either by personal delivery or by certified U.S. mail, postage prepaid, return
receipt requested. In addition, any such notice may be posted at the physical address of
the premises on the date of the mailing of notice.
5.55.430 Violations.
A. It is unlawful for any person to violate any provision, or to fail to comply with
any of the conditions or requirements of this Chapter, or any regulation adopted pursuant
to it.
Ordinance No. 2005
Page 58
B. Separate violation. Every day, during any portion of which, any violation of
this Chapter is committed, continued, or allowed to continue is a separate offense and is
subject to the penalties of this Chapter.
C. In addition to all other legal remedies at law, violations of this Chapter and
building, health, and safety violations caused as a result of a violation of this Chapter are
enforceable using the administrative citation procedures set forth in this Code. An
administrative citation issued for the first violation of this Chapter may not exceed five
thousand dollars ($5,000.00). An administrative citation issued for a second violation may
not exceed ten thousand dollars ($10,000.00) and may result in a six (6) month permit
suspension. An administrative citation issued for a third violation may not exceed twenty-
five thousand dollars ($25,000.00) and may result in revocation of all permits.
1. Administrative penalties imposed pursuant to this Section also
constitute a personal obligation on each person who causes, permits, maintains,
conducts, or otherwise suffers or allows the nuisance to exist. In the event administrative
penalties are imposed pursuant to this Section on two (2) or more persons for the same
violation, all such persons are jointly and severally liable for the full amount of the
penalties imposed.
2. In addition to any other remedy, the City may prosecute a civil
action through the City Attorney to collect any administrative penalty imposed pursuant
to this Chapter.
D. As an alternative, or in addition to any other remedy, the City Attorney may
enforce the provisions of this Chapter against any anyone conducting unpermitted Adult -
Use Cannabis activity in any court of competent jurisdiction. The City Attorney may apply
to such court for an order seeking injunctive relief to abate or remove any nuisance
caused, maintained, or permitted by an illegal cannabis operation and/or property owner,
to restrain any illegal cannabis operation and/or property owner from taking any action
contrary to the provisions of this Chapter or other applicable law; and/or to require any
illegal cannabis operation and/or property owner to take any action to comply with this
Chapter or other applicable law. In any civil court action brought by the City Attorney
pursuant to this Section in which the City succeeds in obtaining an order from the court,
the City shall be entitled to recover from an illegal cannabis operation and/or property
owner all of the City's costs of investigation, enforcement, abatement, destruction, and
litigation, including but not limited to attorneys' fees.
E. The City is entitled to recover civil penalties against an anyone conducting
unpermitted Adult -Use Cannabis activity and/or the property owner of three times the
license fee for each day unpermitted Adult -Use Cannabis activity is operated, permitted,
or maintained on the subject property. The City may also seek a court order, ordering the
destruction of cannabis associated with that violation in accordance with California Health
and Safety Code Section 11479. In assessing the amount of a civil penalty, the court shall
consider anyone or more of the relevant circumstances presented by any of the parties
to the case, including, but not limited to, the following:
Ordinance No. 2005
Page 59
1.
The nature and seriousness of the violation;
2.
Any economic benefit gained through the violation;
3.
The number of violations;
4.
The length of time over which the violation occurred;
5.
The willfulness of the defendant's violation; and
6.
The defendant's assets, liabilities, and net worth.
F. Liens
and Special Assessments
1. Notwithstanding any other provision of this Chapter to the contrary,
the costs incurred by the City in the abatement of a violation or nuisance may be placed
against any privately owned and affected property as either a nuisance abatement lien
or a special assessment lien pursuant to California Government Code Section 38771 et
seq., as amended from time -to -time, or a lien pursuant to California Government Code
Section 54988, as amended from time to time.
2. All actual costs required by this Section constitute a lien upon the
property upon which the Adult -Use Cannabis Business is situated. The lien for any
inspection, enforcement, or abatement costs may attach thirty (30) days after the
responsible parties are notified of the costs and will remain until the costs are paid or
the premises is sold in payment thereof.
3. The City may enforce a lien under this Chapter in any manner
permitted by law, including filing a civil action either to foreclose on its liens or to obtain
a money judgment or both, or pursuing non judicial foreclosure.
4. The City may elect, upon thirty (30) calendar days written notice to
all known and record owners of the privately owned and affected property, to convert
any nuisance abatement lien authorized by this Chapter to a special assessment lien,
or vice versa. Costs recoverable under this Chapter may include those categories of
costs and fees set forth in Civil Code Section 3496, regardless of the type of nuisance
involved.
5. If the property is specially assessed, said assessment may be
collected at the same time and in the same manner as ordinary real property taxes are
collected and will be subject to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary real property taxes. All laws applicable to
the levy, collection, and enforcement of real property taxes are applicable to the special
assessment.
G. Prohibited Properties Due to Prior Unpermitted Adult -Use Cannabis Activity
Ordinance No. 2005
Page 60
1. If the City discovers unpermitted Adult -Use Cannabis activity is
currently and/or was operating within the previous sixty (60) days at or on a property, or
any portion thereof, without valid State or City permits or licenses the City may notify
the property owner that no Commercial Cannabis Business shall be permitted to operate
at the subject property for a period of one (1) year from the 16th day after the date of
mailing of the Notice. The City shall notify the property owner in writing of their right to
file, within fifteen (15) days after the date of mailing of the Notice, written request of a
hearing to the City disputing the alleged unpermitted adult -use cannabis activity. Such
written request shall set forth the specific ground(s) on which the dispute is based and
the property owner shall pay to the City at the time of filing said written request a filing
fee in an amount to be set by resolution of the City Council.
2. Failure to file the written request within the time period specified
shall result in waiver of any right to dispute the allegation of operation of unpermitted
adult -use cannabis activity at the subject property. In the event of such waiver, no
Commercial Cannabis Business, whether licensed or non -licensed, shall be permitted
to operate at the subject property for a period of one (1) year from the 16th day after the
date of mailing of the Notice.
5.55.435 Odor Violations
A. Notwithstanding any other provision of this Chapter, in the event any adult -
use cannabis activity surpasses the odor detection threshold while complying with an
approved Odor Protection Plan, the permittee will be issued a written warning and the
permittee shall work with the City to modify any existing odor control plan to mitigate odor
issues within seven (7) days. If the permittee cannot mitigate the odor issues within seven
(7) days, then Adult -Use Cannabis Activity causing the odor issues must cease until
effective odor control measures are in place.
B. In the event any Adult -Use Cannabis Activity surpasses the odor detection
threshold while not complying with an approved Odor Protection Plan, the permittee shall
be issued an administrative citation for ten thousand dollars ($10,000.00). The permittee
shall have thirty (30) days to remedy any odor issues. The permittee shall be issued an
administrative citation for ten thousand dollars ($10,000.00) for each subsequent month
the permittee fails to remedy the odor issue and comply with the approved Odor Control
Plan. If a permittee receives three (3) administrative citations pursuant to this subsection,
the permit shall automatically be revoked upon issuance of the third citation.
C. In the event an Adult -Use Cannabis Businesses with an Adult -Use
Cannabis Permit is confirmed to have a verified odor complaint based on Adult -Use
Cannabis Activity that it is not permitted for, the permittee shall be issued an
administrative citation for twenty five thousand dollars ($25,000.00) and all permits issued
to permittee shall automatically be revoked.
Ordinance No. 2005
Page 61
5.55.440 Remedies Cumulative
A. The remedies provided for in this Chapter are not mutually exclusive.
Pursuit of any one remedy does not preclude the City from availing itself of any or all
available administrative, civil, or criminal remedies, at law or equity. The remedies
provided by this Chapter are cumulative and in addition to any other remedies available
at law or in equity.
B. This Chapter does not limit the City's additional remedies for recovering
taxes or damages in accordance with any applicable law including, without limitation,
cannabis business taxes owed by an unlawful Cannabis Business pursuant to Chapter
3.42 of this Code.
5.55.450 Declaration of Public Nuisance
A. Any violation of provisions of this Chapter is hereby deemed unlawful and
a public nuisance.
B. As a nuisance per se, any violation of the Chapter is subject to any of the
following remedies, including, without limitation: injunctive relief, revocation of applicable
permits or licenses, revocation of applicable permits or licenses, revocation of the
certificate of occupancy for the real property where the violation occurred, disgorgement
and payment to the City of all monies unlawfully obtained, costs of abatement, costs of
investigation, attorney fees, and any other relief or remedy available at law or equity.
C. For purposes of notification of nuisance and abatement, a reasonable time
limit for a property owner or person to correct or abate the nuisance of an illegal cannabis
operation is no less than five (5) calendar days.
5.55.460 Liability of Employees and Agents
Liability of employees and agents. In construing and enforcing the provisions of
this Chapter, the act, omission, or failure of an agent, officer, representative, or other
person acting for or employed by an Adult -Use Cannabis Business, within the scope of
their employment or office, will be in every case be deemed the act, omission or failure of
the Adult -Use Cannabis Business.
5.55.070 Liability of Property Owners
A. No property owner in charge of, or in possession of, any real property within
the City shall cause, permit, maintain, conduct, or otherwise suffer or allow a public
nuisance as defined in this Chapter to exist.
B. It is duty of every property owner, and person that controls any real property
or interest therein, within the City to remove, abate, and prevent the reoccurrence of the
public nuisance upon such real property. Such duty of the property owner exists
regardless of whether the property owner is in actual possession of their real property,
and includes an obligation to act to evict or otherwise remove an illegal cannabis
Ordinance No. 2005
Page 62
operation who illegally exists or creates a public nuisance upon the property owner's real
property.
SECTION 5. The proposed ordinance is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to
Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will
not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is defined in Section 15378 of the State
Guidelines. Further this ordinance is exempt pursuant to Section 15061 of the State
Guidelines because it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. Cannabis businesses will
be required to meet all local, state and federal health and safety regulations to ensure
that there are no significant environmental impacts to the site or surrounding properties.
The uses authorized under this ordinance are similar to existing permitted business and
this ordinances implements more stringent requirements.
SECTION 6. The provisions above are adopted based upon the true and correct
recited findings reflected above and incorporated by this reference herein.
SECTION 7. 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 8. 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.
ADOPTED THIS 4T" DAY OF DEC
3T = •
A EST:
NTHONY
CITY CLE K
Ordinance No. 2005
Page 63
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) Ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2005 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 61h day of November, 2019, and
adopted at a regular meeting of the City Council held on the 411 day of December, 2019,
by the following vote:
AYES: Councilmembers Middleton, Roberts, Mayor Pro Tern Kors, and Mayor
Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Councilmember Holstege
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this lcv"- day of _'Dece he-✓ ,
Vk
THONY J.
CITY CLERK
4