Alameda Municipal Code 6.108.030 – Permit required
- A. It shall be unlawful for any person to conduct, engage in or allow to be conducted or engaged in the operation of a medical marijuana dispensary in the unincorporated portion of Alameda County, unless such medical marijuana dispensary has been granted a legally effective permit issued under this chapter. 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.
- B. The owner, managing partner, officer of a corporation or such other person who shall be primarily responsible for the operation of a proposed medical marijuana dispensary shall apply for a permit under this chapter and, if granted, shall maintain the operation of the medical marijuana dispensary in conformity with the terms of this chapter and of the permit.
- C. The fact that an applicant possesses other types of state or county permits or licenses other than those identified in Section 6.108.020 shall not exempt the applicant from obtaining a 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.
- D. At no time shall the county have in effect more than three permits, consisting of a maximum of one permit in each of the areas shown in Exhibit A at the end of this chapter. No permit shall be issued in any portion of the unincorporated area that is not within one of the areas delineated in Exhibit A.
- E. Notwithstanding subsection D of this section, each medical marijuana dispensary shall also meet all of the following locational standards:
- 1. No dispensary may be closer than one thousand (1,000) feet from any other dispensary.
- 2. No dispensary may be closer than one thousand (1,000) feet from any school, public park or playground, drug recovery facility or recreation center.
- 3. Each dispensary shall be located in a commercial or industrial zone or their equivalent.
- F. The county has the ability to reduce the location requirement as it applies to schools by fifteen (15) percent upon a finding that the dispensary would not endanger the health and safety of students.
(Ord. 2005-52 § 2 (part): Ord. 2005-25 § 2 (part))
6.108.120 – Standard conditions.
A. Throughout the term of the permit, each permittee shall not violate this chapter and shall comply with the following standard conditions:
- It shall be a violation of this chapter for a dispensary to distribute, provide or allow to be provided marijuana to any person except those persons who are primary caregivers or qualified patients who are in possession of an identification card which is in compliance with the regulations established by the California Department of Health or health care services agency. All distribution that does not strictly comply with Section 11362.5 of the California Health and Safety Code and the terms of the permit and this chapter is prohibited. It shall be the responsibility of the permittee to ensure that a good faith effort be made to verify the validity of any identification card provided to the dispensary.
- Each dispensary shall maintain records of persons who have received marijuana from the dispensary. These records shall set forth only the identification card number issued pursuant to California Health and Safety Code Section 11362.71 et seq., as a protection of the confidentiality of the cardholders or a copy of such documentation that authorizes such distribution under this chapter.
- No dispensary shall be open for business between the hours of 12:00 a.m. and 9:00 a.m. or between the hours of 9:00 p.m. and 11:59 p.m. on any day. Additionally, to avoid conflict with the travel of students to and from the school, no dispensary located within one thousand (1,000) feet of any school shall be open during the one and one-half hour period immediately following the cessation of classes. No activities that are undertaken in the operation of the dispensary shall be conducted outside the interior premises of the dispensary.
- Marijuana may not be grown or cultivated on the premises. It shall be a violation of this chapter if at any time the amount of marijuana on the premises exceeds the lesser of:
- An amount of marijuana equal to eight ounces per qualified patient, primary caregiver and person with an identification card who has received marijuana from the dispensary during the previous thirty (30) calendar days, or
- A total of twenty (20) pounds of marijuana.
- No marijuana shall be smoked, ingested or otherwise consumed on the premises of a dispensary, provided that ingestion by a vaporization device may be authorized in writing by the health care services agency.
- A dispensary shall label its products by stating the name of the dispensary and the weight of cannabis. Any food products must be contained in a package that is labeled to indicate the ingredients, including the amount of cannabis contained in the package, and such other information as may be required by state or local law.
- No person who is less than eighteen (18) years of age may be employed or otherwise engaged in the operation of the dispensary. No person under the age of eighteen (18) shall be allowed on the premises.
- The entrance to a dispensary shall be posted with a notice that states the restrictions on the presence of persons under the age of eighteen (18) and that smoking, ingesting or consuming marijuana on the premises is prohibited. In addition, each dispensary shall conspicuously display the permit.
- No dispensary may hold a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, nor may it include a business that sells alcoholic beverages. No alcohol may be stored, sold, dispensed or used on the premises.
- Each permittee shall maintain a current registry of persons, including, but not limited to, employees, contractors and volunteers, who are engaged in the operation of the dispensary. The registry shall be provided to the sheriff at any time upon request. The registry shall include the name, current residential address, telephone number, date of birth and the height, weight and color of eyes and hair of each such person.
- No person who has been convicted of a felony within the past ten years may be actively engaged in the operation of any dispensary. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
- A dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft.
- The permittee shall provide the sheriff with the name, telephone number and facsimile number of a community relations contact to whom one can provide notice of problems associated with the dispensary. The permittee shall make a good faith effort to resolve problems without the need for intervention by the county.
- A dispensary shall provide litter removal services twice each day of operation on and in front of the premises and, if necessary, on public sidewalks within one hundred (100) feet of the premises.
- A dispensary shall comply with county building, zoning and health codes, and shall allow inspections to ensure conformance with such regulations.
- A dispensary shall not be delinquent in the payment of fees required by this chapter.
- All activities of the dispensary must take place within the interior of the building and not be visible from the street. A dispensary may not cover or alter the windows or building doors to comply with this requirement.
- A dispensary must have appropriate restroom facilities that will accommodate both male and female customers.
B. In order to minimize any adverse impacts on surrounding properties or residents, the standard operating conditions that are set forth in this section may be modified upon the issuance of the permit or upon ten days’ notice during the term of the permit.
C. During the term of each permit, the county shall require the permittee to comply with the standard operating conditions that are set forth in this section or as they may be modified in accordance with subsection B of this section and, in addition, any such operating conditions that may be established pursuant to subsections C and D of Section 6.108.110.
D. At any time during the operation of a dispensary and without notice, the sheriff, acting in conjunction with other appropriate county officials, may enter the premises for the purpose of observing compliance of the dispensary with the conditions of its permit. (Ord. 2005-52 § 2 (part): Ord. 2005-25 § 2 (part))