HomeMy WebLinkAboutOrdinance 2602 - Cannabis Clarifications ORDINANCE NO. 2602
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 6
(BUSINESS TAXES, LICENSES AND REGULATIONS), CHAPTER 6.12
(CANNABIS) BY AMENDING SECTIONS 6.12.010 (DEFINITIONS),
6.12.020 (OUTDOOR CANNABIS CULTIVATION PROHIBITED),
6.12.030 (INDOOR CANNABIS CULTIVATION REGULATIONS -
PRIVATE RESIDENCE), 6.12.080 (CANNABIS BUSINESS LICENSE
APPLICATION REQUIREMENTS), 6.12.130 (PREMISES), 6.12.140 (CO-
LOCATION OF CANNABIS BUSINESSES), 6.12.400 (AWARD OF
CANNABIS RETAILER LICENSE), 6.12.560 (MICROBUSINESSES
PROHIBITED), 6.12.580 (MANUFACTURE OF CANNABIS PRODUCTS),
AND 6.12.610 (SUSPENDING, MODIFYING, OR REVOKING LICENSES)
AND AMENDING TITLE 18 (ZONING), CHAPTER 18.33
(COMMERCIAL DISTRICTS) BY AMENDING SCHEDULE 18.33.020-A
(USE REGULATIONS - COMMERCIAL DISTRICTS) IN ORDER TO
PERMIT MICROBUSINESSES, STREAMLINE AND CLARIFYING
CANNABIS BUSINESS APPLICATION PROCESSES, PERMIT
CANNABIS BUSINESSES TO LOCATE ON PROPERTY ZONED AS
HEAVY COMMERCIAL WITH APPROVAL OF A SITE
DEVELOPMENT PERMIT AND MAKE OTHER NON-SUBSTANTIVE
CLARIFICATIONS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.010 is hereby amended to read as follows:
6.12.010 - Definitions.
"Owner" shall have the meaning provided in Section 5003(b) of Title 16 of the California Code
of Regulations.
Section 2. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.020 is hereby amended to read as follows:
6.12.020 - Outdoor cannabis cultivation prohibited.
A. It is unlawful and a public nuisance for any person to cause or allow any property within
the jurisdictional limits of the City of Redding to be used for the outdoor cultivation or
outdoor storage of cannabis.
B. Every cannabis plant cultivated in violation of this Section shall constitute a separate
violation.
Section 3. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.12
(Cannabis), Section 6.12.030 is hereby amended to read as follows:
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6.12.030 - Indoor cannabis cultivation regulations—Private residence.
A. It is hereby declared to be unlawful and a public nuisance for any person, legal entity or
association of individuals to cultivate cannabis indoors at a private residence, except as
provided in this section.
B. It is unlawful and a public nuisance for any person to cultivate cannabis inside any
residential structure or building without first having been issued a license for such
cultivation by the director as provided herein. No license shall be issued or be renewed
for a period longer than one year. Every cannabis plant cultivated in violation of this
Section shall constitute a separate violation.
C. The indoor cultivation of cannabis at a private residence shall only be conducted within a
detached, fully-enclosed and secure structure or within a residential structure. Cultivation
shall conform to the following minimum standards:
1. No more than six cannabis plants, whether mature or not, may be cultivated
indoors at any private residence.
2. Indoor grow lights shall not exceed one thousand two hundred watts and shall be
installed, maintained and operated in compliance with the Redding Municipal
Code. Gas products (including, but not limited to, CO2, butane, propane and
natural gas), or generators producing electric power shall not be used within any
detached, fully-enclosed and secure structure or residential structure.
3. Any detached, fully-enclosed and secure structure used for the cultivation of
cannabis must have a ventilation and filtration system installed that shall prevent
cannabis plant odors from detection at the property line. The ventilation and
filtration system must be installed prior to commencing cultivation within the
detached, fully-enclosed and secure structure or residential structure.
4. Any detached, fully-enclosed and secure structure or residential structure used for
the cultivation of cannabis shall comply with Title 18 of the Redding Municipal
Code.
5. There shall be no exterior evidence of cannabis cultivation occurring at the
property as detected from the public right-of-way.
D. No license shall be issued when any of the following occur:
1. The license fee for cultivation at a private residence has not been paid. The fee for
such license shall be established by resolution of the city council.
2. A license has already been issued for the private residence.
3. The applicant has failed to provide a written, notarized acknowledgement from
the owner of the private residence that the owner consents to cultivation on-site.
4. The applicant has failed to provide the name of each person owning, leasing,
occupying or having charge of the private residence where cannabis is cultivated.
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E. Cannabis cultivation for purposes of commercial sale at any property zoned for
residential use is prohibited. Notwithstanding the preceding, a primary caregiver may
recover his or her costs of cultivation from his or her qualified patient. In such cases,
costs of cultivation shall not include compensation for the labor of the primary caregiver.
F. No person cultivating cannabis at a private residence shall dispose of cannabis, or any of
its component parts, at curbside. Cannabis shall not be disposed of by means of
mulching, or similar organic process, outdoors. Cannabis shall not be stored outdoors. All
cannabis and cannabis waste generated at the private residence, including chemical and
organic waste, shall be disposed of in accordance with applicable laws and regulations.
G. The director may, in his or her sole discretion, deny any application for a license issued
pursuant to this section or a renewal thereof and may suspend, revoke or further condition
any license that has been issued, where he or she finds, based on articulated facts, that the
issuance of a license would be detrimental to the public health, safety, or welfare or
where there is demonstrated non-compliance with the minimum requirements of this
section. The determination of the director shall be final. Review of any such
determination shall be made pursuant to Section 6.12.620.
Section 4. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.080 is hereby amended to read as follows:
6.12.080 - Cannabis business license application requirements.
A. Each cannabis business and cannabis business location shall be separately licensed.
Cannabis business licenses are nontransferable.
B. Only an owner of the applicant may submit an application for a cannabis business license
or license renewal. An owner may apply for a cannabis business license or a cannabis
business license renewal by filing an application with the director.
C. No person shall knowingly make a false statement of fact or knowingly omit any
information that is required in an application for a commercial sale cannabis license.
D. The application shall be on a form approved by the director and shall include the
following:
1. The license type the applicant is requesting.
2. Payment of a nonrefundable application fee to be established by resolution of the
city council.
3. A description of the statutory entity or business form that will serve as the legal
structure for the applicant; a copy of its formation and organizing documents,
including, but not limited to, articles of incorporation, certificate of amendment,
statement of information, articles of association, bylaws, partnership agreement,
operating agreement, and fictitious business name statement; and the name and
address of its agent for purposes of service of process.
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4. A list of every fictitious business name the applicant is operating under including
the address where the business is located.
5. The first and last name, primary phone number, date of birth and mailing address
of each owner. If the license is to be held in the name of a business entity, the
owner shall also provide the legal business name of the licensee.
6. The current name and primary and secondary telephone numbers and email
addresses of at least one twenty-four hour on-call manager to address and resolve
complaints and to respond to operating problems or concerns associated with the
cannabis business.
7. If applicable, the business trade name ("DBA") of the applicant.
8. A list of the license types and the license number issued by the Bureau of
Cannabis Control and all other state cannabis licensing authorities that the
applicant holds, including the date the license was issued, the date the license will
terminate and the licensing authority that issued the license.
9. Whether the applicant, or any owners, has been denied a license or has had a
license suspended or revoked by the Bureau of Cannabis Control or any other
state cannabis licensing authority. The applicant shall provide the type of license
applied for, the name of the licensing authority that denied the application, and
the date of denial.
10. The physical address of the premises where business will be conducted, the
telephone number for the premises, and the website address and email address of
the applicant's business.
11. The business' federal employer identification number.
12. The physical address of any other premises owned or operated by the applicant
within the jurisdictional limits of the City of Redding and a brief summary of the
business operations at each premises.
13. The applicant shall supply the following financial information:
A. A list of funds belonging to the applicant held in savings, checking, or
other accounts maintained by a financial institution. The applicant shall
provide for each account, the financial institution's name, the financial
institution's mailing address, account type, account number and the
amount of money in the account.
B. A list of loans made to the applicant. For each loan, the applicant shall
provide the amount of the loan, the date of the loan, terms of the loan,
security provided for the loan, and the name, address, and phone number
of the lender.
C. A list of investments made into the applicant's commercial cannabis
business. For each investment, the applicant shall provide the amount of
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the investment, the date of the investment, terms of the investment, and
the name, address, and phone number of the investor.
D. A list of all gifts of any kind given to the applicant for its use in
conducting commercial cannabis activity. For each gift, the applicant shall
provide the value of the gift or description of the gift, and the name,
address and phone number of the provider of the gift.
E. A complete list of every individual that has a financial interest in the
cannabis business, as defined in Section 5004 of Title 16 of the California
Code of Regulations, who is not an owner within the meaning of Section
5003 of Title 16 of the California Code of Regulations.
F. A complete list of every owner of the applicant, as defined in Section 5003
of Title 16 of the California Code of Regulations. Each individual named
on this list shall submit the following information:
1. The full name of the owner.
2. The owner's title within the applicant entity.
3. The owner's date of birth and place of birth.
4. The owner's social security number or individual taxpayer
identification number.
5. The owner's mailing address.
6. The owner's home, business, or mobile telephone number and email
address.
7. The owner's current employer.
8. The owner's percentage of ownership interest held in the applicant
entity.
9. Whether the owner has an ownership or a financial interest in any
other commercial cannabis business licensed by the State of
California.
10. A copy of the owner's government-issued identification that includes
the name, date of birth, physical description and picture of the
owner.
11. If applicable, a copy of any certificate of rehabilitation issued under
Penal Code section 4852.01 or dismissal issued pursuant to Penal
Code section 1203.4 or 1203.41.
14. If applicable, a detailed description of any suspension or revocation of a cannabis-
related license or sanctions for unlicensed or unlawful cannabis activity by a state
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or local governmental agency against the applicant or any of its owners or any
business entity in which the applicant or any of its owners was an owner or officer
within the seven years immediately preceding the date of the application.
15. If applicable, a detailed description of any civil and/or criminal suit and/or
judgment relating to unlawful cannabis activity against the applicant or any of its
owners or a business entity in which the applicant or any of its owners was an
owner or officer within the seven years immediately preceding the date of the
application.
16. Attestation to the following statement: Under penalty of perjury, I hereby declare
that the information contained within and submitted with the application is
complete, true and accurate. I understand that a misrepresentation of fact, whether
intentional or not, is cause for rejection of this application, denial of the license,
or revocation of a license issued.
17. A written, notarized statement from the owner of the proposed site where
cannabis activity will be licensed evidencing unqualified consent to the applicant
to operate a cannabis business on site. The statement must specify the street
address and parcel number for the premises. The statement shall also contain the
name, business address, email address and telephone number of the property
owner(s) (whether business entity or individual).
18. If applicable, a copy of the rental agreement for the premises.
19. If the applicant is the landowner upon which the business premises is located, a
copy of the title or deed to the property.
20. Evidence that the proposed business premises will be compliant with the
locational restrictions set forth in Section 6.12.350 and the zoning set forth in
Title 18 of the Redding Municipal Code.
21. Evidence of a valid seller's license number issued by the California Department of
Tax and Fee Administration, if applicable. If the applicant has not yet received a
seller's license, the applicant shall attest that the applicant is currently applying for
a seller's license.
22. A premises diagram which meets the requirements set forth in Section 5006 of
Title 16 of the California Code of Regulations.
23. A detailed security plan outlining the measures that will be taken to ensure the
safety of persons and property on premises of the cannabis business. The security
plan must be prepared by a licensed security company or individual licensed by
the State of California. The license number shall be on the face of the security
plan. The security plan shall also require registration in the Redding Police
Department's Security Camera Registration and Monitoring Program
("SCRAM").
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24. A detailed plan describing the air treatment system, or other methods which will
be implemented to completely prevent odors generated from cannabis from being
detected outside the buildings on the cannabis business site.
25. A business operations plan including the following:
A. A description of how the cannabis business will operate in accordance
with the Redding Municipal Code.
B. A neighborhood responsibility plan which address the potential adverse
impacts of cannabis cultivation on the surrounding area.
C. A description of the exterior of the cannabis business premises including,
but not limited to, a description of any exterior signage to be used at the
premises.
26. Authorization and consent for City of Redding staff to seek verification of the
information contained within the application.
27. An agreement in a form approved by the city attorney whereby the applicant:
A. Releases the City of Redding, its agents, officers, elected officials and
employees from any and all claims, injuries, damages or liabilities of any
kind arising from any repeal or amendment of this chapter or any other
provision of the Redding Municipal Code, and any arrest or prosecution of
the applicant or its managers, agents, employees, members or volunteers
for violation of state or federal laws; and
B. Defends, indemnifies and holds harmless the City of Redding, and its
agents, officers, elected officials and employees from and against any and
all claims or actions brought by adjacent or nearby property owners or any
other parties for any damages, injuries or other liability of any kind arising
from operations at the cannabis business. 28. Any other document or
information which the director deems necessary for consideration of the
application.
Section 5. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.130 is hereby amended to read as follows:
6.12.130 - Premises.
A. Each licensee shall have a designated premises for the licensee's commercial cannabis
activity which is subject to unannounced inspection by the City of Redding.
B. A cannabis business licensee may occupy the same licensed premises and operate under
two or more separate commercial cannabis licenses in that same licensed premises under
the following conditions:
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1. The cannabis business licensee has been issued an adult-use license and medical
cannabis license issued by the State of California for the identical type of
commercial cannabis activity;
2. The cannabis business licensee who holds both licenses is identical in name,
business formation and ownership; and
4. Records for the adult use license and medical cannabis license issued by the State
of California are kept separately.
C. A cannabis business licensee shall not, without the prior written approval of the director,
make a physical change, alteration, or modification of the licensed premises that alters
the licensed premises or the use of the licensed premises from the premises diagram filed
with the license application. Material or substantial changes, alterations or modifications
requiring approval include, but are not limited to, the removal, creation, or relocation of a
common entryway, doorway, passage, or a means of public entry or exit, when such
common entryway, doorway or passage alters or changes limited-access areas within the
licensed premises.
D. A cannabis business licensee whose premises is to be materially or substantially changed,
modified, or altered is responsible for filing a request for premises modification with the
director. The request shall be in writing and include:
1. A new premises diagram that conforms to the requirements set forth in Section
5006 of Title 16 of the California Code of Regulations.
2. A fee to be established by resolution of the city council.
3. Any additional documentation or information that the director deems necessary to
consider the request.
E. A licensee shall not sublet or otherwise transfer control over any portion of the licensed
premises to another without the prior permission of the director.
Section 6. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.140 is hereby amended to read as follows:
6.12.140 - Co-location of cannabis businesses.
Except as permitted by the director, each cannabis businesses shall be located in a stand-alone
structure which does not share common walls with another structure. Notwithstanding the
preceding, a cannabis business may be co-located and share common walls with one or more
other cannabis businesses only if each such cannabis business is separately licensed by the City
of Redding and the State of California.
Section 7. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.400 is hereby amended to read as follows:
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6.12.400 -Award of cannabis retailer license.
A. Selection of cannabis retailers for licensure shall be made by means of a competitive
selection process. The city manager shall establish and apply neutral criteria by which
applications shall be assessed.
B. Selection of cannabis retailers for consideration of licensure shall be made by the city
manager with subsequent award of licensure to be made by the director. In the
alternative, the city manager may consider applications for cannabis retailers by means of
a selection committee in which case, reference in this section to the city manager shall
mean the city manager's selection committee.
1. Except as permitted by the city manager, any cannabis retailer applicant selected
by the city manager who fails to satisfy all licensure requirements and receive a
license from the director within ninety (90) calendar days of selection by the city
manager forfeits further consideration of the its application. Applicants denied
licensure on this basis shall be permitted to reapply if a competitive selection
process is later initiated by the city manager.
C. Notice of the opportunity to apply for a cannabis retail business license shall be published
by means determined by the city manager as reasonably calculated to provide public
notice of the opportunity to apply.
D. The city manager may designate periods of time for consideration of applications for
retail cannabis business licenses as deemed necessary and prudent, and, in his/her sole
discretion, may decline to receive applications for a retail cannabis business license
outside of the designated time period.
E. After receipt of an application that is submitted in compliance with Section 6.12.080, the
application shall be placed into a pool of applicants for further review and selection shall
be made on merit. Applications that do not meet the requirements of Section 6.12.080 or
are submitted outside of the designated application period shall be denied, and the city
manager shall notify the applicant in writing of the basis for the denial.
F. In addition to the information required of cannabis business applicants by Section
6.12.080, applicants for a retail license shall submit information sufficient to inform the
city manager on the following criteria:
1. Ability to operate a business, including but not limited to education, knowledge,
and experience with:
A. Regulated industries;
B. Agriculture or horticulture;
C. Commercial manufacturing;
D. Pharmaceutical companies;
E. Owning, operating or working in a medical or retail cannabis business;
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F. Creating and implementing a business plan, including a timeline for
opening a business;
G. Creating and implementing a financial plan;
H. Retail sales;
I. Secure inventory tracking and control;
J. Owning or managing a business that required twenty-four hour security
monitoring;
K. Any other experience the applicant considers relevant.
2. Plan for operating a cannabis retail business including, but not limited to, a
timeline for opening a retail location;
3. Proof of financial stability and access to financial resources, including, but not
limited to:
A. Legal sources of finances immediately available to begin operating a retail
cannabis business;
B. A summary of financial statements in businesses previously or currently
owned or operated by the applicant;
C. A financial plan for operating a retail cannabis business in the City of
Redding;
D. Good credit history; and
E. History of bankruptcy by the applicant or entities owned or operated by
the applicant.
4. Ability to comply with the operational requirements set forth in this chapter.
5. Any other information received by an applicant which is probative on the subject
of competence to lawfully operate a cannabis retail business.
G. The city manager may undertake oral interviews with applicants should he/she determine
that interviews will assist in the selection process.
H. Cannabis retail business applicants may supplement the information required by Section
6.12.080 and this section with any information the applicant believes probative to
demonstrate its competence to operate a cannabis retail business.
I. The city manager may establish deadlines for the submission of information by a
cannabis retail business applicant. If such deadlines are established, no additional
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materials or information may be submitted by an applicant once the time period for
applications has ended.
J. The city manager shall award a cannabis retailer license to the highest ranking applicant
or applicants without preference as to whether the cannabis retailer is a storefront retailer
or delivery-only retailer, and shall notify each of the applicants of their respective score
and/or ranking. Notwithstanding the preceding, the city manager may, in lieu of scoring,
opt to use a system of forced ranking to rank applicants.
K. The city manager may, but is not required to, hold applications in reserve to offer
cannabis retail business licenses to the next highest ranked applicants if an applicant who
has been awarded a license fails to pay the license fee, commence business operations as
required in Section 6.12.410 or whose license has been revoked pursuant to Section
6.12.610. In the alternative, and if there remain opportunities for award of cannabis retail
business licenses, the city manager may reject all applications placed on hold and
determine that the process set forth in this section shall be re-instituted and another round
of applications considered.
L. The city manager may establish minimum criteria for qualification for a retail license but
shall not be obligated to award a retail cannabis license based on an applicant's
satisfaction of said minimum criteria.
M. With the exception of the material in the application and materials submitted pursuant to
this section that relate to the finances and criminal background of the applicant and its
owners, all information required by this section shall be considered public record subject
to disclosure under the California Public Records Act.
N. Any applicant aggrieved by the decision of the city manager may obtain review of the
within ninety (90) days of notice by filing with the Shasta County Superior Court a
petition for review pursuant to California Code of Civil Procedure section 1094.5. For
purposes of this section, notice shall be the date that the decision of the city manager is
deposited in the United States mail.
Section 8. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.560 is hereby amended to read as follows:
6.12.560—Microbusinesses.
A. Microbusinesses shall be licensed in the same manner as retail cannabis businesses.
Notwithstanding, an application for a microbusiness license shall also indicate on the
application for licensure which commercial cannabis activities the applicant intends to
engage in.
B. Licensees operating a microbusiness shall comply with all requirements set forth in this
Chapter which relate to the commercial cannabis activities authorized by the
microbusiness license.
C. A licensee operating a microbusiness shall comply with Sections 5500 through 5507 of
Title 16 of the California Code of Regulations.
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Section 9. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.580 is hereby amended to read as follows:
6.12.580 -Manufacture of cannabis products.
A. No person shall manufacture cannabis products unless that person has all applicable valid
and unexpired licenses for manufacture issued by the State of California and the City of
Redding.
B. In addition to the information required by Section 6.12.080 with regard to an application
for a cannabis business license, any person desiring to apply for a license to manufacture
cannabis products shall also provide the following in support of the application:
1. A description of the applicant's inventory process;
2. A description of its quality control procedures; and
3. A description of its extraction and/or infusion methods.
C. Manufacture of cannabis products shall not be accomplished by use of volatile substances
unless accomplished in accordance with a manufacturer's license issued by the State of
California. The prohibitions set forth in Chapter 10.06 of the Redding Municipal Code
shall have no application to a manufacturer licensed pursuant under this Chapter.
D. Manufacture of cannabis and cannabis products shall occur only in a detached, fully
enclosed building.
E. No person shall conduct retail sales of goods on or from a licensed cannabis
manufacturing site.
Section 10. Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12
(Cannabis), Section 6.12.610 is hereby amended to read as follows:
6.12.610 - Suspending, modifying, or revoking licenses.
A. The director may suspend, modify, further condition or revoke any license issued to a
cannabis business issued pursuant to the provisions of this chapter for any of the
following reasons:
1. One or more of the circumstances upon which a license could be denied, as
described in Section 6.12.110, exists or has occurred.
2. The licensee, or any of its owners, has violated a term or condition of its license
issued pursuant to this chapter or a term or condition of a license issued by the
State of California.
3. The licensee, or any of its owners, has violated the Redding Municipal Code or
the laws of the State of California.
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4. The licensee permitted a person or legal entity to acquire a financial interest in the
cannabis business as an owner without first undergoing fingerprinting and a
DOJ/NCIC background check.
5. The licensee failed to pay a fee, tax, fine, administrative penalty or any amount
resulting from a civil judgment when due.
6. The licensee failed to take reasonable steps, as defined in Section 5808 of Title 16
of the California Code of Regulations, to correct objectionable conditions that
constitute a nuisance on the licensed premises, including the immediately adjacent
area that is owned, leased, or occupied by the licensee, within a reasonable time
after receipt of notice to abate the condition.
7. The licensee failed to take reasonable steps, as defined in Section 5808 of Title 16
of the California Code of Regulations, to correct objectionable conditions that
constitute a nuisance within a reasonable time which occur during operating hours
on any public sidewalk within twenty feet of the licensed premises.
8. The licensee knowingly engaged in the illegal sale, or negotiations for the sale, of
controlled substances, as defined in Section 5805 of Title 16 of the California
Code of Regulations, upon his or her licensed premises. Successive sale, or
negotiations for sale, over any continuous period of time shall be deemed
evidence of permission.
9. When required to provide notice to the City of Redding of any term or condition
set forth in this chapter, the licensee or any of its owners made a false or
misleading representation or omitted notice when it was required.
B. A cannabis business licensee whose license has been suspended shall conspicuously
display a notice on the exterior of the licensee's premises for the duration of the
suspension, and ensure that the notice remains continuously in place for the time
specified. The notice shall be in at least twenty-four point type and provide as follows:
NOTICE OF SUSPENSION
THE CANNABIS BUSINESS LICENSE
ISSUED FOR THIS PREMISES HAS BEEN SUSPENDED
FOR VIOLATION OF THE REDDING MUNICIPAL CODE
C. A licensee whose license has been revoked shall conspicuously display a notice on the
exterior of the licensee's premises indicating that the license has been revoked. The notice
shall remain continuously on the licensed premises for at least fifteen calendar days. The
notice shall be in at least twenty-four point type and provide as follows:
NOTICE OF REVOCATION
THE CANNABIS BUSINESS LICENSE
ISSUED FOR THIS PREMISES HAS BEEN REVOKED
FOR VIOLATION OF THE REDDING MUNICIPAL CODE
D. Action taken by the director with respect to the suspension, modification, or revocation of
a cannabis business license shall be final and conclusive. Any licensee aggrieved by the
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suspension, modification or revocation of a cannabis business license may obtain review
of such decision by appeal to the city manager pursuant to Section 6.12.620.
Section 11. Title 18 (Zoning), Chapter 18.33 (Commercial Districts), Schedule
18.33.020-A is hereby amended to read as follows:
Use Classifications "NC" "SC" "RC" "GC" VRC "HC" Additional Regulations
Residential Uses
Single-Family L7 — — L7 — L6
See Sections 18.33.050 and
Residential Condominium and Condominium L7 L7 L7 S S 18.43.170, and subdivision
Conversions requirements of Chapters
17.30 and 17.34.
Multiple-Family L7 L7 L7 S S — See Sec. 18.33.050
Supportive Housing Facilities - - - S S S Multiple-Family Only
Transitional Housing Facilities - - - S S S Multiple-Family Only
Residential Cannabis Cultivation L19 P L19 P L19 P L19 P L19 P L19 P See Chapter 612
Public and Semipublic Uses
Clinics L8 L8 P P SD P
Clubs and Lodges — — — P — —
Colleges and Trade Schools,Public or Private — S S P — S
Community Centers U U U U — S
Community Social Service Facilities — — — — — U
Cultural Institutions L8 L8 P P Sd Sd
Day Care Center(14 or More) P P P P — S
Government Offices L8 L8 P P P P
Hospitals — S —
Park and Recreation Facilities S S S S S —
Parking,Public — S S S S S
Public Maintenance and Service Facilities — — — — — S
Public Safety Facilities L8 P L8 P U U
Religious Facilities S S S P S S
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Use Classifications "NC" "SC" "RC" "GC" SVR" "HC" Additional Regulations
Residential Care,General S — — Sd — —
Schools,Public or Private S S S S — S
Commercial Uses
Adult Business Establishments - - - - - U See Section 18.43.020
Animal Sales and Services L8 P P P S P Adjacent to an "R" District,
outdoor kennels prohibited
Large Animal Veterinary Services — — — P — P
Banks and Savings and Loans L4 L4 L4 L4 Sd L4
Bed and Breakfast Establishments — Sd Sd — See Sec. 18.43.060
Building Materials and Services — S S — P
Business Services L8 P P P P P
Commercial Recreation S S S S S S
Commercial Entertainment — P P P P —
Convenience Gas Mart S S S S S S See Sec. 18.43.090
Site development permit-
Eating and Drinking Establishments Director required for outdoor
seating
Bars/Nightclubs/Lounges U S S S S S
Restaurants,Full Service P P P P P P
Drive-Up/Drive-Through Service L3 Sd Sd Sd Sd Sd See Sec. 18.43.080
p P P P P P
Food and Beverage Sales
Food Preparation P P P P P P
Funeral Parlors and Mortuaries P — P
Home Improvement Sales and Services L8 L8 P P — P
Homeless Shelters — P See Sec. 18.43.160
Must meet Calif Building
Hotel,Residential — U U U Code requirement for
efficiency dwelling unit.
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Use Classifications "NC" "SC" "RC" "GC" VRC "HC" Additional Regulations
Laboratories — P P P P P
Maintenance and Repair Services L9 L9 L9 L9 L9 L9 See Section 18.43.050
Offices,Business and Professional L8 P P P P P
Offices,Medical&Dental L8 P P P P P
Parking Facilities,Commercial — S S S S S
Personal Improvement Services P P P P P P
Recreational Vehicle Parks — — — U — U
Personal Services P P P P P P
Retail Sales P P P P P P/L10 See Section 18.43.130
Recycling Station L7 L7 L7 L7 L7 L7
Travel Services P P P P P P
Vehicle Equipment Sales and Services
Automobile Rentals — — S Sd — Sd
Automobile/vehicle Repair,Major — L11 L13 L11 See Sec. 18.43.050
Automobile/Vehicle Repair,Minor — LII L11 LII L13 L11 See Sec. 18.43.050
Automobile/Vehicle Sales and Leasing — — S Sd L13 Sd
Automobile Washing — S S Sd L7 Sd
Heavy Equipment Sales,Service, &Rental — — — U S
Large Vehicle Sales,Service,&Rental — — — S L13 S
Vehicle Storage — — — S — S
Retail Cannabis Sales _ L20 P L20 P L20 P L20 P L20 P See Chapter 6.12
Commercial Cannabis Cultivation _ _ -- _ -- Sd See Chapter 6.12
Industrial Uses
Contractors'Office&Shop Buildings — — — S
Contractors' Storage Yards — — — S See Sec. 18.43.130
Handicraft/Custom Manufacturing — L8 L8 L8 L8 P
Industry,General — — — U
Self-Storage Warehouses — — — S — S See Sec. 18.43.150
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Use Classifications "NC" "SC" "RC" "GC" VRC "HC" Additional Regulations
Warehousing and Storage — S
Cannabis Microbusinesses,Distribution, Sd See Chapter 6.12
Manufacturing,Processing,Testing,and Storage — — — —
Transportation,Communication,and Utilities Uses
Communication Antennae/Transmission Towers — U U U U U See Sec. 18.40.010
Communication Facilities Within Buildings — Sd P P — P
Freight/truck Terminals and Warehouses — S
Transportation Passenger Terminals S S S S S S
Truck Weigh Stations
Utilities,Major
See Sec. 18.43.020
Accessory Uses and Structures
Temporary Uses See Chapter 18.17
Nonconforming Uses See Chapter 18.46
Specific Limitations:
L3 No drive-through service except for establishments not exceeding 150 square feet in developed neighborhood commercial projects
exceeding 2 acres in area. Site development permit required.
L4 Site development permit required for drive-through.
L6 Caretakers'quarters only,not to exceed 1,000 square feet. Site Development Permit-Director required.
L7 Only as an accessory use subject to approval of a site development permit.
L8 Small-scale only(5,000 square feet or less).
L9 No outdoor storage unless a site development permit is approved by the Director.
L 10 No shopping centers,power centers,or similar uses allowed.
L 11 Site development permit required if site abuts an"R"district.
L12 Reserved
L-13 Establishment of new uses is prohibited. Enlargements of existing facilities up to 10 percent are allowed by site development
permit issued by the Director. Other expansions/enlargements, including expansions affecting more than a single parcel, shall
require approval of a use permit. Such expansions shall not be approved if they involve property not owned or legally controlled by
the business entity prior to adoption of this section. Proof of compliance shall be submitted at the time of application for the
expansion/enlargements. Such intensifications shall be subject to compliance with all adopted site and building design criteria and
development standards applicable within the zoning district and such other site and building design elements determined necessary
by the approving authority to ensure compatibility with surrounding conforming uses.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12:Cannabis Activity
L20 Retail sales of cannabis products permitted in accordance with the provisions of Chapter 6.12:Cannabis Activity.
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Section 12. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Redding hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of
the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid
or unconstitutional.
Section 13. The passage of this Ordinance is not a"project" according to the definition
in the California Environmental Quality Act ("CEQA"), and therefore is not subject to the
provisions requiring environmental review. Pursuant to the Statutory Exemption set forth in
subdivision (h) of Business and Professions Code section 26055, this Ordinance is exempt from
the provisions requiring environmental review because it requires discretionary review under
CEQA to approve licenses to engage in commercial cannabis activity within the jurisdictional
limits of the City of Redding.
Section 14. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and the City Clerk shall certify to the adoption thereof and cause its publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 5th day of March, 2019, and was duly
read and adopted at a regular meeting on the 19th day of March, 2018, by the following vote:
AYES: COUNCIL MEMBERS: Dacquisto, McElvain,Resner, Schreder,& Winter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
411iA A►
JULIE = NTER, Mayor
ATTEST: FORM APPROVED:
/PAMELA MIZE, City Clerk B RR E. 1 e A T, City At orney
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