City of Clearlake

Regulations for Marijuana Related Commercial Activity

Lake County –> City of Clearlake

City Description

Clearlake is a city in Lake County, California. Clearlake is 4.5 miles (7.2 km) north-northwest of Lower Lake, at an elevation of 1417 feet (432 m). As of the 2010 census, the city had a total population of 15,250, up from 13,142 at the 2000 census. It takes its name from Clear Lake.

The first inhabitants of Clearlake were the Pomo Indians who gave the name to many of the areas features including Mount Konocti. The Pomo suffered mistreatment at the hands of European settlers which resulted in a massive wave of deaths. The result of this was massive amounts of land freed up for the white settlers who arrived during the gold rush.

On April 27, 2017 the City of Clearlake approved ordinances 196-2017 and 197-2017, which established regulations for commercial cannabis activities in their authority. The ordinances officially came into effect on May 27, 2017 and have amended and repealed previously existing municipal codes.

CULTIVATION

APPROVED

ARTICLE 18-9 MEDICAL MARIJUANA CULTIVATION

18-9.040 Definitions.

COMMERCIAL MEDICAL MARIJUANA CULTIVATION shall mean cultivation by anyone other than a qualified patient with a medical marijuana recommendation by a licensed physician or a primary caregiver for a qualified patient with said recommendation, (in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the Medical Marijuana Program), in cultivation amounts exceeding the amounts delineated in subsection 18-9.070.

RESIDENCE or RESIDENTIAL USE shall mean a permitted home, abode or place, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and is actually being lived in at a specific point in time by the qualified patient or the qualified patient’s primary caregiver.

SCHOOL shall mean any public or private facility that provides a learning and/or teaching environment for children from pre-school through college.

CHILD CARE CENTER shall mean any licensed child daycare facility, daycare center, employer-sponsored daycare, family daycare home or any preschool.

MARIJUANA shall have the same definition as in California Health and Safety Code Section 11018 as it now reads or as amended.

MEDICAL MARIJUANA shall mean marijuana used for medical purposes in accordance with California Health and Safety Code Sections 11362.7 et seq.

CULTIVATE or CULTIVATION is the planting, growing, harvesting, drying, or processing of one or more marijuana plants in any location.

PRIMARY CAREGIVER shall have the same definition as in California Health and Safety Code section 11362.7 et seq. as it now reads or as amended.

QUALIFIED PATIENT shall have the same definition as California Health and Safety Code section 11362.7 et seq. as it now reads or as amended, and includes a person who has obtained an identification card from the State of California recognizing qualified patient status.

(Ord. #181-2016 § 2)

18-9.050 Who May Cultivate Marijuana in the City.

Only a qualified patient may cultivate marijuana under this Chapter. (Ord. #181-2016 § 2)

18-9.060 Where Marijuana May be Cultivated in the City.

Marijuana may only be cultivated on occupied lots with an approved “Residential Use”.

Marijuana cultivation is prohibited in the following:

  1. On any vacant lot.
  2. Within six hundred (600′) feet of a public or private school, child care center, or City park, as measured from the property line of the cultivation site to the property line of the school is prohibited.
  3. Within any mobile home park as defined within Clearlake Municipal Code;
  4. On any property that is improved with multi-family dwellings as defined within the Clearlake Municipal Code.
  5. Any indoor cultivation within a residential dwelling unit, unless allowed by the dispensary ordinance (Clearlake Municipal Code Section 5-20).
  6. Within one hundred (100′) feet of Clear Lake.  The setback shall be measured from where the water surface intersects the natural ground at the full lake level of 7.79 feet on the Rumsey Gauge.
  7. Within one hundred (100′) feet from the top of banks of existing major, natural drainage courses hereby identified as Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek, and Cache Creek.
  8. Within any commercial zone, MUR zone, Scenic Corridor zone, or “beautification zone” specifically identified as an area requiring a higher level of aesthetics.

(Ord. #181-2016 § 2)

18-9.070 Marijuana Cultivation Regulations.

Amount or size of grow permitted:

  1. Outdoor cultivation on residential properties. No more than six (6) marijuana plants may be cultivated on a lot with an approved, developed Residential Use. The cultivation must occur within an area one hundred (100) square feet or less.
  2. Commercial cultivation of marijuana in any amounts is prohibited, unless otherwise allowed by the dispensary ordinance (Clearlake Municipal Code Section 5-20).

Diversion of water from any waterway for the purposes of cultivating marijuana is prohibited.

Cultivating marijuana plants that can be seen from the public right-of-way is prohibited.  Public right-of-way is hereby defined as any public street, sidewalk, trail, or navigable waterway, as well as any property owned by a public agency.

Cultivation of marijuana, including that which is conducted by collective or cooperative organizations shall be operated in full compliance with California Health and Safety Code Section 11362.7 et seq.

All outdoor cultivation areas shall be enclosed, with solid wood or other conforming types of solid fencing, and be constructed pursuant to provisions set forth in Section 18-5.8 of the City of Clearlake Municipal Code pertaining to fences, walls and hedges.

For collective or cooperative cultivation sites, evidence that the collective or cooperative is organized consistent with Health and Safety Code Section 11362.7 et seq. and the State Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use shall be maintained and made available to law enforcement officials upon request.

Only primary residents of the City of Clearlake may cultivate marijuana within the City, unless otherwise provided in the dispensary ordinance (Clearlake Municipal Code Section 5-20).

(Ord. #181-2016 § 2)

18-9.080 Cultivation Site Requirements.

  1. There must be a permanent, legal residence on the property that is occupied by the permitee.
  2. A permanent water source to the home is required, either through metered water or an on-site well.
  3. Six (6′) foot high perimeter fencing of the entire yard is required, per fence ordinance and in compliance with CMC.
  4. The cultivation site must be enclosed within a single, square, opaque, six (6’) foot high fenced area no larger than 10’ by 10’, with dimensions equal on all four (4) sides, or in an accessory, fully-enclosed, secured, non-residential structure with same dimensions.  Accessory structure must be in compliance with all applicable building codes and a building permit must be obtained, if required.
  5. The enclosed cultivation site must be secured by a locking mechanism and locked at all times.
  6. Setbacks for the cultivation site are five (5’) feet from the residence and ten (10’) feet from the property line.  Additional setbacks or prohibitions may also apply.

(Ord. #181-2016 § 2)

18-9.090 Marijuana Cultivation Permit.

Prior to commencing any marijuana cultivation, a person wishing to cultivate marijuana within the City limits must obtain a marijuana cultivation permit from the City of Clearlake. The permit application and/or renewal application shall be completed by the applicant, signed and notarized by the applicant, and shall contain the following information, which will be required with the initial permit application and subsequent permit extensions:

  1. The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.
  2. A notarized signature from the owner of the property consenting to the cultivation of marijuana at the premises on a form acceptable to the City, and when the applicant is not the sole owner of the property, then written permission of the owner’s consent to allow marijuana cultivation to occur on the premises with the owner’s notarized signature.
  3. The physical site address of where the marijuana will be cultivated.
  4. Proof that applicant’s residence where marijuana will be cultivated is his or her primary residence.
  5. A copy of the Medical Marijuana Recommendation by a physician.  The recommendation must be issued to the legal occupant of the property (either an owner-occupant or legal tenant).
  6. A signed consent form, acceptable to the City, authorizing City staff, including the Chief of Police or his or her designee, to conduct a quarterly inspection of the detached, fully enclosed and secure structure or area of the residence used for the cultivation of marijuana upon twenty-four (24) hours’ notice.
  7. The initial permit shall be valid for one year and each renewal permit shall be valid for one year.
  8. To the extent permitted by law, any personal or medical information submitted with a medical marijuana cultivation permit application or permit extension shall be kept confidential and shall only be used for purposes of administering this Article.

The City may deny any application for a marijuana cultivation permit, or extension thereof, where based on articulated facts, that the issuance of such permit, or extension thereof, would be detrimental to the public health, safety, or welfare. A prior criminal conviction for a drug-related offense by the permit applicant shall be grounds for denial. The City shall deny an application for a marijuana cultivation permit, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this Article. Such denial shall be given to the applicant in writing and shall describe the grounds for the denial.

A person who is denied a marijuana cultivation permit under this section may appeal such denial to the Planning Commission within ten (10) days of the date the City issues the written denial required by paragraph d. of this section.

Upon timely request by the person requesting the marijuana cultivation permit, the appeal hearing process and related procedures of a denial of its permit pursuant to this section shall proceed pursuant to the provisions of this Chapter XVIII of the Clearlake Municipal Code.

An applicant shall pay an annual permit fee to cover the reasonable cost of administering this Article.  The permit fee shall initially be one hundred fifty ($150.00) dollars and shall be updated annually in the City of Clearlake schedule of fees.

Permittees shall comply with all State laws, guidelines, and license requirements applicable to marijuana cultivation including those set forth and promulgated under the Medical Marijuana Regulation and Safety Act.  Failure to comply with any State law, regulations, or license requirement pertaining to marijuana cultivation shall be grounds for City permit revocation.  Nothing in this Article shall be construed to allow a permittee to cultivate marijuana within the City of Clearlake in violation of State law.

(Ord. #181-2016 § 2)

18-9.100 Compliance with California Environmental Quality Act.

The City Council finds that this Article is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. (Ord. #181-2016 § 2)

18-9.110 Prohibited Medical Marijuana Cultivation Declared a Public Nuisance.

The establishment, maintenance, or operation of any prohibited cultivation of medical marijuana, as defined in this section, within the City is declared to be a public nuisance and each person or responsible party is subject to abatement proceedings under Section 18-10. (Ord. #181-2016 § 2)

18-9.120 Enforcement.

  1. It is the intent of the City of Clearlake to enforce the provisions of this section on the bases of legitimate and verified complaints received from the public as well as to protect the general welfare, safety and health, as determined by any individual charged by the City to enforce the terms of this Article.
  2. Nothing in this Article shall be construed to prevent the City of Clearlake from pursuing any and all other legal remedies that may be available, including but not limited to civil actions filed by the City of Clearlake seeking any and all appropriate relief such as civil injunctions, penalties, and forfeiture.

(Ord. #181-2016 § 2)

18-9.130 Penalties for Violation.

  1. Any existing medical marijuana cultivation sites located within the City of Clearlake which are operating contrary to the requirements of this Article are hereby declared to be a public nuisance.

Failure to register by May 1st will result in a three hundred ($300.00) dollar fine and abatement of any marijuana plants growing in violation of this Article. Failure to register and/or abate will result in a one year suspension of cultivation privileges both for the individual in violation and for the property itself. A second violation to either register or abate will result in a five (5) year suspension of cultivation privileges for the individual in violation and for the property itself.  Any fines previously assessed must be paid in full prior to lifting the suspension of cultivation privileges. Any person violating any of the provisions of this section shall be subject to the administrative penalties as set forth in Section 18-11. Violators shall be subject to any other enforcement remedies available to the City under any applicable State or Federal statute or pursuant to any other lawful power the City may possess. Cultivation of medical marijuana is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 18-10. Each day a violation is allowed to continue shall constitute a separate violation and shall be subject to all remedies.

(Ord. #181-2016 § 2)

MANUFACTURING

APPROVED

18-9.070 d. Processing of Marijuana:

  1. Processing of marijuana that in any way alters the chemical structure is prohibited.
  2. The marijuana cultivation area 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.
  3. Use, storage, or discharge into City wastewater facilities of any hazardous chemicals in the cultivation of marijuana is strictly prohibited.  Hazardous chemicals shall include, but is not limited to, any chemical or substance that is prohibited by the Federal Environmental Protection Agency or the California Department of Food and Agriculture. Only marijuana grown on a property in full compliance with this Chapter may be processed on that property.

RETAIL

APPROVED

5-24.02 Marijuana Dispensary  license Required to Operate;  Deliveries Authorized by licensed Dispensaries.

  1. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a dispensary unless the person first obtains and continues to maintain a valid Marijuana Dispensary License from the City as required by this section.
  2. City shall give marijuana dispensary licensing priority to applicants who have owned or operated a cooperative or collective in compliance with the requirements of Health and Safety Code section 775 and the requirements of Section 5-20 of the Clearlake Municipal Code.

Licensed marijuana dispensaries are permitted to make deliveries within the City of Clearlake and in other jurisdictions that do not prohibit deliveries to be made within their jurisdictions.

  1. Delivery vehicles will be unmarked; must be equipped with a secure lockbox; driver must carry documentation showing what product is being delivered; and quantities delivered must be limited to that allowed by state

5-24.03 Limitations on Number and Size of Dispensaries.

The City may not grant more than three (3) licenses for Marijuana Dispensaries at any given time. The City reserves the right to amend this subsection at any time to increase or decrease the number of marijuana dispensary licenses it shall issue at any time.

5-24.04 Limitations on location of Dispensary.

Licensees that were established as marijuana cooperatives or collectives under Health and Safety Code section 11362.775 prior to the enactment of this section, may operate within the Commercial C2 or C2DD zoning Any other licensee may be located within the Commercial C4 zoning district by right or in the  C2 zoning district by use permit.

  1. A dispensary must be clearly visible from public rights-of-way and located on a premises that provides unobstructed views of the dispensary.
  2. A dispensary shall not be located within six hundred (600′) feet of a youth-oriented This setback shall be measured in a straight line from the boundary line of the property on which the dispensary is located nearest to the boundary of the property on which the building or structure, or portion of the building or structure, in which the above listed use occurs or is located. The City Council may waive all or part of this requirement if it determines that the proximity does not constitute a risk to public health or safety as it relates to  anything other than  a K-12 public  or private school or a youth center.

5-24.05 Initial Filing Period.

Applicants entitled to priority licensing under Section 5-24.2 (b) may apply for a Marijuana Dispensary Licensee  any time after the effective date of this section.

  1. If any of the priority licensees fail to apply to the City for a marijuana dispensary permit by August 1, 2017, or if any of the priority licensees are unable to obtain necessary state licenses to operate a marijuana dispensary by January 1, 2019, then the application period for one or more Marijuana Dispensary Licenses shall then be reopened to any qualified The City shall make the filing period date known to the public by publishing a notice on the City’s website and by publishing a notice in the newspaper of general circulation. The filing period shall be open for sixty (60} days.

5-24.06 Application Preparation  and Filing.

  1. Applications for Marijuana Dispensary Licenses shall be obtained from City Hall, and completed applications shall be submitted to the City Manager’s Office by the filing deadline given. An application is complete if it includes all fees, information and materials required by this section. It is the responsibility of the applicant to provide information required for approval of the The application shall be signed under penalty of perjury.
  2. An application may only be filed by the owner of the subject property, the lessee of the property where the lease authorizes the lessee to use the premises for a dispensary, or a person with the written authorization of the property
  3. The application shall be deemed filed on the date when the City receives the last submission of information or materials required for it to be deemed complete in accordance with requirements specified
  4. The City shall notify an applicant in writing, via Certified S. Mail, postage pre-paid, sent to the address provided by the applicant on the application, if an application is incomplete. The applicant shall be granted an extension of time to submit all materials required to complete the application within ten (10} days of the date of the notification. If the application remains incomplete in excess of said ten (10) day period, the application shall be deemed withdrawn and a new application shall be required. The time period for granting or denying a license shall be stayed during the extension of time.

The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement to obtain a Marijuana Dispensary License pursuant to  this

Any dispensary license application shall include the following information:

  1. The applicant’s full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), current address, and telephone number.
  2. The address where notice of action on the application is to be mailed.
  3. The applicant’s previous addresses for the two (2) years immediately prior to his or her present address.
  4. Written proof that the applicant is over the age of 21.
  5. The applicant’s height, weight, color of eyes and hair.
  6. Two (2) passport-quality, current photographs of the applicant.
  7. A birth certificate, passport, or valid California Driver’s License (not to include an AB60, federally restricted license).
  8. The applicant’s business license and a copy of the applicant’s seller’s permit (retail sales tax permit) issued by the State Board of Equalization.
  9. All the name or names and addresses of the person or persons who will act as a manager or supervisor of the dispensary.
  10. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11}, which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting  fingerprint images and related information to the Department of Justice to  be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, or supervisor of the marijuana business must submit fingerprints  and  other information deemed necessary by the City Manager or his/her designee(s) for a background check by the Clearlake Police Department. Pursuant  to  California Penal Code Sections 11105(b}(11}  and 13300{b)(11),  which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of  the record, no  person shall be issued a permit to operate a marijuana business or a related work permit unless they have first cleared the background check, as determined by the Chief of Police, as required by this section. A fee for the cost of the  background  investigation, which shall be the actual cost to the City to  conduct the background  investigation as it deems necessary  and  appropriate,  shall be paid at the time the  application for  a marijuana  business permit  is submitted.  If this amount  is not  sufficient, the applicant shall provide additional amounts that are necessary and if the applicant is unable to provide the additional amounts necessary to complete the investigation, the investigation shall cease and shall not continue until such additional amounts are paid. Upon completion of the investigation or in the event the applicant withdraws their application, any fees paid for this process will be deemed non-refundable.
  11. A written statement listing the physical size of the dispensary, the number of managers, supervisors, employees and volunteers who will work there, and describing the nature of the proposed  use of the
  12. A security plan describing security arrangements that will ensure the safety of persons visiting and working at the dispensary, and protect the premises from theft. The plan shall provide for: installation of security cameras; installation of a burglar alarm system monitored by a State-licensed monitoring service; and a periodic (no less than yearly) written security assessment ofthe site conducted by a qualified
  13. A sketch or diagram depicting the interior configuration of the premises, including the total floor area occupied by the dispensary. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6″) inches.
  14. A sketch or diagram showing exterior configuration of the premises, including the outline of all structures, parking and landscape areas, and property boundaries. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six (6″) inches.
  15. A straight-line drawing accurately depicting the building (or portion thereof) and premises to be occupied by the dispensary, and all properties within six hundred (600′) feet of the boundaries of the property on which the dispensary license is requested. The drawing shall indicate the property lines of any youth-oriented facility and all residential zones or uses within one hundred (100′) feet of the primary entrance of the dispensary.
  16. A lighting plan showing existing and proposed exterior and interior lighting placement and levels to provide adequate security lighting and which comply with all City standards regarding lighting design and
  17. Written authorization for the City, its agents and employees to seek verification of the information contained in the application and/or required pursuant to this Chapter.
  18. A notarized statement by the property owner certifying under penalty of perjury that he or she has given consent to the applicant to operate a dispensary at the location, or providing proof that the applicant owns the
  19. A written statement by the applicant certifying under penalty of perjury that all the information contained in the application is true and In addition to providing all the materials required for new applications, applications for annual renewal  shall also be accompanied  by the  following information:
    1. The licensee shall provide a detailed description of any changes proposed or that have occurred in dispensary operations, the reasons for such changes, including compliance with applicable local and State
    2. The licensee shall identify any problems encountered during operations and how they have been addressed.
    3. If the licensee operates or has operated a cooperative or collective under Health and Safety Code section 775 within the City, the licensee shall describe how the cooperative or collective operations complied with the requirements of this section and with applicable local and State law.

5-24.07 Investigation and Action on Application.

  1. After an applicant files a complete dispensary license application and pays all required fees, the Police Chief shall conduct a background check pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal  history  information  by transmitting fingerprint  images  and related information  to  the  Department  of  Justice  to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, or supervisor of the marijuana business must submit fingerprints and other information deemed necessary by the City Manager or his/her designee(s)  for  a background check by the Clearlake Police Department. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing,  or certification  based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a marijuana business or a related work permit unless they have first cleared the background check, as determined by the Chief of Police, as required by this section. After completing the background  check, the Police Chief shall take action as follows:
    1. The Police Chief shall refer the application to any other City departments as necessary to complete his or her review of the application.
    2. The Police Chief shall review the results of the background check and if any owner or operator has been convicted of any crime listed in California Business and Professions Code Section 19323 the applicant shall fail the background check and shall be ineligible to receive a permit. The City shall not disclose the results of the background check to any private party.
    3. The application, or competing applications, if applicable, shall also be subject to a preliminary review conducted by the Police Chief and the City Manager. The Police Chief and City Manager shall make such recommendations to the Planning Commission as they deem appropriate based on their review.
    4. A site visit within 30 days of application.
    5. Fire Marshall review  and approval required.

Within sixty (60) days after completion of the Police Chief’s investigation, the application shall be scheduled for a hearing before the Planning Commission where the Planning Commission may either grant or deny the application in accordance with the provisions of this section.

5-24.08 Hearing.

The Planning Commission shall consider the application for the issuance or renewal of a dispensary  license at a duly noticed hearing, as set forth in the Municipal Code.

5-24.09 Criteria for Review.

 The Planning Commission shall consider the following criteria in determining whether to grant or deny an application to issue or renew a dispensary license:

  1. The dispensary will operate or, if a renewal application, currently operates, in conformity with the all applicable state laws, and the provisions of this Chapter and the City code.
  2. The dispensary location does not have significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the Police Department).
  3. There have not been excessive numbers of calls for police service, crimes or arrests in the area or to an existing dispensary location (or to a dispensary located in another  jurisdiction  with which the  applicant  is affiliated in any way).
  4. The applicant, and all managers, supervisors, employees and volunteers are at least 21 years of age.
  5. All required application materials have been provided and/or the dispensary has operated successfully in a manner that shows it will comply with the operating requirements and standards specified in this section.
  6. That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner.
  7. The physical size of the dispensary conforms with the requirements of this section and the dispensary will be, or if a renewal application, currently is, one of three or fewer total licensed dispensaries operating within the City.
  8. The location is not prohibited by the provisions of this section or any applicable local or State law, statute, rule or  regulation.
  9. The site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements of this These features may include, but are not limited to, security on site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishing and features that encourage loitering and nuisance behavior.
  10. No dispensary applicant, owner, licensee, agent, manager, or supervisors, who will work, or, if renewal, currently works at the dispensary, has violated any provision of this section such that grounds exist to  suspend or revoke a dispensary license.
  11. The dispensary has incorporated all reasonable measures into the operating plan and consistently taken steps to successfully control the establishment’s patrons’ conduct resulting in disturbances, vandalism, uncontrolled crowds in or outside the dispensary, traffic control problems, or creation of a public or private nuisance, or interference of the operation of another business.
  12. That the dispensary has not caused or been the site of nuisance activities including disturbances of the peace, illegal  drug activity,  ingesting marijuana  in  public  in violation of state law, harassment of passerby, excessive littering, excessive  loitering,  illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests.
  13. No provision of the Municipal Code or condition imposed by a City issued license, or any provision of any other applicable local or State regulation, order, or  any  condition imposed by permit  issues in  compliance with those laws has been violated.
  14. The applicant has not violated any applicable local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of marijuana.
  15. The applicant has neither knowingly made a false statement of material  fact, nor knowingly  omitted a material  fact from the dispensary license application.
  16. An applicant who has been convicted of  a felony within the past ten (10)  years may not be actively engaged in the operation or financing of any dispensary.
  17. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

5-24.10   Findings; Decision.

Following a hearing, the Planning Commission may approve or disapprove  an application to issue or renew a dispensary license. In issuing or renewing a dispensary license, the Planning Commission may impose conditions, restrictions or require revisions on the applicant’s operating plan to ensure compliance with the provisions, purpose and intent of this section. The Planning Commission shall record the decision and the findings upon which the decision is based. The Planning Commission shall cause a written notice of its decision to issue or deny a license to be mailed to the applicant.

  1. Selection of one or more applicants from a pool of If there are more applicants for Marijuana Dispensary Licenses than the number of licensees available, the City will randomly select from the pool of applicants. Potential applicants will be required to pay the non­-refundable application fee in advance and only approved applicants will be eligible for the random selection.

5-24.11 Effect of Denial.

If the Planning Commission denies an application or revokes a dispensary license as provided in this section, no new application for a license shall be accepted from the applicant whose license has been revoked or application denied and no such license shall be issued to such person or to any company, entity or corporation in which s/he shall have any interest for a period of five (5) years after the  action denying or revoking the license.

5-24.12 Appeal.

The decision of the Planning Commission may be appealed to the City Council. The decision of  the City Council to approve, deny, or revoke a license as provided for in this section shall be final and conclusive  and there shall be no right of appeal.

5-24.13      Operating Requirements.

Dispensary operations shall be established and managed only in compliance with the following standards:

  1. No applicant  shall have been convicted of a felony within the past ten (10)  years.
  2. It shall be unlawful for any licensee, supervisor, or manager of any dispensary, to employ any person who is not at least 21 years of
  3. Persons under the age of 18 shall not be allowed on the premises without a legal guardian over the age of 21 present. Persons age 18 to 21 shall be allowed on premises with a medical marijuana recommendation. Persons under the age of 21 shall not be allowed on the premises for recreational use.

Operating Hours

The maximum dispensary days and hours of operations shall be as follows: Monday through Sunday: 8:00 a.m. – 10:00 p.m.

Dispensary Size and Access

  1. The dispensary shall not exceed three thousand (3,000) square feet. Dispensary size shall be limited, as deemed appropriate and necessary, to best serve customer needs within the intent of this section and reduce potential adverse impacts that might otherwise occur on surrounding  neighborhoods, businesses  and demands on City services.
  2. All cannabis products must be located behind a locked The entrance into the “bud tending” room shall be locked at all times with entry strictly controlled; e.g., a “buzz-in” electronic/mechanical entry system. A viewer shall be installed in the door that allows a wide-angle of view of the exterior entrance.
  3. Non-consumable, non-cannabis paraphernalia do not need to be behind a locked door.

Dispensary Supply

A dispensary may possess no more than the following amounts of product at any one time in addition to live plants for sale that are in a vegetative (not mature) state:

  1. Flower: Twenty (20) pounds;
  2. Concentrate: One (1) kilogram of oil;
  3. Edibles: no limitation;
  4. Topicals: No limitation.

Dispensing Operations

Dispensaries shall maintain records reflecting:

  1. The full name, address, and telephone number(s) of the owner or lessee of the property.
  2. The full name, address, and telephone number(s) of all suppliers of marijuana in order to verify compliance with cultivation ordinance.
  3. The full name, address, and telephone number(s) of all members of the dispensary.

The licensee shall annually provide information on prior years’ operations verifying compliance with this section to the City Manager. Licensee shall modify dispensary operations as required by the City Manager to ensure compliance with all requirements of this section.

Miscellaneous Operating Requirements

  1. Floor Plan. The main entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks and site driveways.
  2. A dispensary shall have a locked safe on the premises, identified as a part of the security plan, for after-hours storage of marijuana. A dispensary shall also have a secure area for the storage of immature plants and any other products specifically allowed  under the license, which contain marijuana.
  3. Minimum Staffing. The dispensary shall be staffed during hours of operation by at least two (2) persons, one of whom must be a manager.
  4. A dispensary shall have an air treatment system that ensures off-site odors shall not result from its operations.
  5. Security Plan. A dispensary shall provide adequate security on the premises, as approved by the Police Chief and pursuant to this section, including lighting and alarms, to ensure the safety of persons  and to  protect  the premises  from
  6. Security Security cameras required by this section shall be installed to monitor, at the minimum, the main entrance and exterior of the premises to discourage loitering, crime, and illegal or nuisance activities.
  7. Security Video Retention. Security video shall be retained for thirty (30) Images shall be made available to the Police Chief upon a reasonable written request  for  the  specific time period.
  8. Alarm System. A State-licensed professionally monitored robbery and burglary alarm system shall be installed and maintained in good working condition.
  9. Emergency Contact. A dispensary shall provide the Police Chief and the Fire Chief with the name, phone number and facsimile number or email address of an individual working on the dispensary premises, to whom notice of problems associated with the operation of the dispensary can be provided. The dispensary shall keep this information current at all times. The dispensary shall make every good faith effort to encourage neighborhood residents to call this designated person to resolve operating problems, if any, before any calls or complaints are made to the City.

Signage and Notices:

  1. Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Clearlake Zoning Ordinance.
  2. Business identification signage shall comply with the appropriate sign requirements with the applicable zoning district.

Employee Records 

Each owner or operator of a dispensary shall maintain a current register of the names of all employees currently employed by the dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this section.

Financial Review

Dispensary must provide financial information for purposes of sales tax audits. Requested financial information shall be produced within fourteen (14) days after receipt of the City’s written request.

Staff Training 

  1. Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with State and local law.
  2. The dispensary shall take those steps necessary to assure that the persons assigned to provide security are properly trained or employed  by a private security service in good standing with all supervisory or regulatory bodies exercising  jurisdiction over such services.

Site Management 

  1. The operator of the establishment shall take all reasonable steps to discourage and correct conditions that constitute a nuisance in parking areas, sidewalks,  alleys and areas surrounding the premises and adjacent properties  during  business hours if  related to the patrons of the subject dispensary.

(a) “Reasonable steps” shall include calling the  police  within  thirty  (30) minutes of observation of the activity, requesting those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities, unless personal safety would be threatened in making the request.

(b) “Nuisance” includes but is not limited to disturbances  of  peace, open  public consumption of marijuana or alcohol, excessive pedestrian or vehicular traffic, including the formation of any pedestrian lines outside the building, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.

  1. The operator shall conspicuously post and provide customers with a list of the rules and regulations governing marijuana  use and consumption  within the City.

Compliance with Other Requirements 

The operator shall comply with all provisions of all applicable local or State laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations  or orders.

Confidentiality

To the extent protected by law, the information provided for purposes of this section shall remain confidential.

Display of License

Every dispensary shall display at all times during business hours the license issued pursuant to the provisions of this section for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the dispensary.

Payment of Fees

A licensee shall pay all annual license fees at the time that an original application is filed or an annual renewal  application  is submitted.

5-24.14 Consumption of Marijuana and Marijuana Products On-site.

Licensed marijuana dispensaries may allow customers to consume or use marijuana and marijuana products on the premises of the marijuana dispensary provided the dispensary meets the following requirements:

  1. Access to the area where consumption is allowed is restricted to persons 21 years of age and older;
  2. Marijuana consumption shall not be visible from any public place or non-age restricted area; and
  3. Sale or consumption of alcohol or tobacco is not  allowed  on the premises; and
  4. Any other state law requirements are met.

5-24.15  Annual Term of License and Renewal Required.

  1. Licenses issued under this section shall expire one (1) year following the date of their issuance.
  2. Licenses may be renewed by the City Manager for additional one (1) year periods upon application by the licensee, unless the license is suspended or revoked in accordance with the provisions of this section.
  3. The dispensary shall be notified by the City on a timely basis that an annual renewal application is due to be filed. Complete applications for renewal shall be made at least forty-five (45) days before the annual expiration date of the license and shall be accompanied by the nonrefundable application fee referenced herein. Applications for renewal shall be governed by the same criteria applicable to initial applications for licenses.
  4. Applications for renewal made less than forty-five (45) days before the annual expiration date shall not stay the annual expiration date of the license, and in addition to satisfying all other applicable criteria for license renewal, the applicant shall be required to demonstrate good cause for failing to have timely filed the application for license renewal. The City Manager shall have the sole discretion to determine whether such good cause is demonstrated.

Licenses may be revoked or suspended by the Planning Commission or City Council on the grounds and terms provided  in this section

  1. In the event that the City Manager and Police Chief are not able to act upon a license renewal application prior to the date said license expires, and said inability is due to no fault of the City, said license shall expire as of its expiration date and the dispensary  shall no longer operate after  said expiration  In such circumstances, should  the  licensee of the expired license desire to reestablish the right to operate a dispensary, the licensee must do so by applying for a new dispensary  license complying with all requirements  of this section applicable to an original application for a dispensary license. Should the Planning Commission approve the license application, said decision shall be deemed effective  on the date of the Planning Commission’s decision.
  2. The establishment of a youth-oriented facility within six hundred (600′) feet of a dispensary following the initial issuance of the license shall not be grounds for subsequently revoking the license, unless otherwise required by state

5-24.16 Suspension and Revocation.

  1. Any license issued under the terms of this section may be suspended or revoked if the Planning Commission finds that the Licensee has violated any of the provisions of this section, or the dispensary is otherwise being operated in a manner that violates any of the provisions this section.
  2. Except as otherwise provided in this section, no dispensary license shall be revoked or suspended by virtue of this section absent notice and a hearing. The City shall provide written notice to the licensee that the Planning Commission will hold a hearing, at a scheduled meeting, regarding the suspension or revocation of his/her dispensary license. The City shall provide such notice no less than fifteen (15) days before the date of said hearing. The  notice  shall  contain   a  brief  statement   of  the  grounds  for   revoking  or suspending the licensee’s dispensary license. Notice may be given either by personal delivery to the licensee (in which case, service shall have deemed to have been effected upon delivery of the notice), or by certified U.S. mail in a  sealed  envelope,  postage prepaid, return receipt requested addressed to licensee at the address  appearing  on his/her dispensary license application (in which case, service shall be deemed to  have been effected on the  date the receipt  indicates  delivery  was accomplished).
  3. If the Planning Commission finds that sufficient grounds exist for the revocation or suspension of a dispensary license, then said determination shall be announced at the hearing, and written notice of said determination sent to the  licensee by personal delivery or certified U.S. mail in a sealed envelope, postage prepaid, return receipt requested, and addressed to the licensee at the address appearing on his/her dispensary license application.
  4. The decision of the Planning Commission may be appealed to the City Council. The decision of the City Council shall be final and conclusive and there shall be no right of appeal.
  5. Procedures for the above are not exclusive and the City reserves the right to enforce all applicable laws for  any licensee’s violation of any

5-24.17 Transfer of Licenses.

  1. A licensee shall not operate a dispensary under the authority of a dispensary  license at  any place other than the address of the dispensary stated in  the  application  for  the license.
  2. A licensee shall not transfer ownership or control of a dispensary or transfer a dispensary license to another person unless and until the transferee obtains an amendment to the license from the Planning Commission stating that the  transferee  is now  the  Such an amendment may be obtained only if the transferee  files an application  with the City Manager in accordance with all provisions of this section (as though  the  transferee were applying for an original dispensary license) accompanied by a transfer fee in an amount set by resolution of the City Council (or if  not set, shall  be the same amount  as  the application fee), and the Planning Commission determines  (after  hearing)  in accordance this section that the transferee would be entitled to the issuance of an original license.
  3. No license may be transferred when the City Manager or Police Chief has notified the licensee that the license has been or may be suspended or revoked.
  4. Any attempt to transfer a license either directly or indirectly in violation of this subsection is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the license.

5-24.18 Imposition of Fees

  1. Every application for a dispensary license or renewal shall be accompanied by a nonrefundable fee, as established by resolution of the City Council from time to This application or renewal fee shall include fingerprinting, photographing, and background check costs and shall be in addition to any other costs imposed by this Code or other governmental agencies. Fingerprinting, photographing, and background check fees shall be as established by resolution adopted by the City Council from time to time. The time frames for the implementation of this section shall not be in effect until the City Council adopts a fee resolution.
  2. All fees established by the Council to implement this section will reflect the City’s costs to complete the requirements of the section. In addition, there will be a one-time fee to initiate the application process and an annual renewal fee.

5-24.19 Violations

  1. It is unlawful for any person, individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this section and/or any dispensary license issued here under.
  2. A violation of this section and/or the terms of a dispensary license issued here under shall be subject to civil and criminal penalties in accordance with the Clearlake Municipal Code, unless otherwise provided  by state

5-24.20 Remedies Cumulative.

 All remedies prescribed under this section shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

5-24.21 Separate Offense for Each Day.

 Any person that violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues,  permits,  or causes a violation thereof, and shall be penalized accordingly.

5-24.22 Public Nuisance.

Any use or condition caused or permitted to exist in violation of any of  the  provisions  of  this section and/or any dispensary license issued here under shall be and is hereby declared a public nuisance and may be summarily  abated by the City.

5-24.23 Criminal Penalties

Any person who violates, causes, or permits another person to  violate  any provision  of  this section and/or any dispensary license issued hereunder  commits  a misdemeanor,  unless  state law  provides otherwise.

5-24.24 Civil Injunction

The violation, or threatened violation, of any provision of this section and/or any dispensary license issued hereunder shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City Council, create a cause of action for injunctive relief, which may be brought by the City Attorney.

5-24.25 Administrative Remedies

 In addition to the civil remedies and criminal  penalties  set forth above, any person that violates the provisions of this section and/or any dispensary license issued here under may be subject to administrative remedies  as set forth  in the Code.

5-24.26 Conflicts

All ordinances or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflicts and no further.

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