HomeMy WebLinkAboutOrdinance - 2445 - Ament Title 6
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2445
The following is a summary Report of the City of Redding's Ordinance No. 2445, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 6 by
adding Chapter 6.12 related to licensing and regulation of Medical Marijuana Cooperatives and
Collectives.
The proposed ordinance was introduced and read by the Redding City Council on November
17, 2009, and will be considered for adoption at it's next regular meeting. The Ordinance establishes
a comprehensive scheme of regulation for newly established and existing businesses containing the
following elements as described in the Section headings.
6.12.010
6.12.020
6.12.030
6.12.040
6.12.050
6.12.060
6.12.070
6.12.080
6.12.090
6.12.100
6.12.110
6.12.120
6.12.130
6.12.140
Applicability.
Defmitions.
Permit for Marijuana Cooperative or Collective.
Background Check of Applicant for Medical Marijuana Cooperative or
Collective Permit.
Action on Application for a Permit.
Contents, Posting and Changes in Status of Permits.
Membership Application and Verification.
Business Licenses, Sales Tax, and Seller's Permit.
Development, Operational and Performance Standards.
Fees.
Renewal of Permit Required.
Suspension or Revocation of Permit.
Appeals.
Violations.
DATED: November 24, 2009
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2445
The following is a summary Report of the City of Redding's Ordinance No. 2445, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 6 by
adding Chapter 6.12 related to licensing and regulation of Medical Marijuana Cooperatives and
Collectives.
The Ordinance establishes a comprehensive scheme of regulation for newly established and
existing businesses containing the following elements as described in the Section headings.
6.12.010
6.12.020
6.12.030
6.12.040
6.12.050
6.12.060
6.12.070
6.12.080
6.12.090
6.12.100
6.12.110
6.12.120
6.12.130
6.12.140
Applicability.
Definitions.
Permit for Marijuana Cooperative or Collective.
Background Check of Applicant for Medical Marijuana Cooperative or
Collective Permit.
Action on Application for a Permit.
Contents, Posting and Changes in Status of Permits.
Membership Application and Verification.
Business Licenses, Sales Tax, and Seller's Permit.
Development, Operational and Performance Standards.
Fees.
Renewal of Permit Required.
Suspension or Revocation of Permit.
Appeals.
Violations.
Ordinance No. 2445 was introduced and read at a regular meeting of the City Council of the
City of Redding on the 17th day of November, 2009, and was duly read and adopted on the I" day
of December, 2009, at a regular meeting of the City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, and Stegall
Jones and McArthur
None
None
A complete copy of Ordinance No. 2445 is on file and available for review in the Office of
the City Clerk.
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ORDINANCE NO. 2445
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE
6 (BUSINESS TAXES, LICENSES AND REGULATIONS) BY
ADDING CHAPTER. 6.12 (MEDICAL MARIJUANA
COOPERATIVES AND COLLECTIVES) RELATING TO
PERMITTING AND REGULATION OF MEDICAL MARIJUANA
COOPERATIVES AND COLLECTIVES
WHEREAS, in 1996, the voters of the State of California approved Proposition 215, entitled
the Compassionate Use Act of 1996, codified as Health and Safety Code Section 11362.5, et seq.,
which created a limited exception from state criminal liability under Health and Safety Code sections
11357 and 11358 for seriously ill persons who are in need of medical marijuana for specified
medical purposes and who obtain and use medical marijuana under limited, specified circumstances;
and
WHEREAS, California state legislature Health and Safety Code section 11362.7, et seq.
(Medical Marijuana Program), clarifies the scope of the Compassionate Use Act and allows cities
and counties to adopt and enforce rules and regulations consistent therewith (Health and Safety Code
11362.83); and
WHEREAS, the impacts of MMDs are documented in the "White Paper on Marijuana
Dispensaries" published by the California Police Chiefs Association's Task Force on Marijuana
Dispensaries (April 22, 2009), and the United States Department of Justice's California Medical
Marijuana Information report; and
WHEREAS, continuing legal developments in the area of medical marijuana dispensaries
justifY the regulation of such facilities while the courts and other competent authorities address the
apparent conflict between federal and state law including internal California legal conflicts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF REDDING AS FOLLOWS:
Section 1. Title 6 of the Redding Municipal Code is amended to add Chapter 6.12 with a
title to read as follows:
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MEDICAL MARIJUANA COOPERATIVES AND COLLECTIVES
Sections:
6.12.010 Applicability.
6.12.020 Definitions.
6.12.030 Permit for Marijuana Cooperative or Collective.
6.12.040 Background Check of Applicant for Medical Marijuana Cooperative or
Collective Permit.
6.12.050 Action on Application for a Permit.
6.12.060 Contents, Posting and Changes in Status of Permits.
6.12.070 Membership Application and Verification.
6.12.080 Business Licenses, Sales Tax, and Seller's Permit.
6.12.090 Development, Operational and Performance Standards.
6.12.100 Fees.
6.12.110 Renewal of Permit Required.
6.12.120 Suspension or Revocation of Permit.
6.12.130 Appeals.
6.12.140 Violations.
Section 2. Title 6 of the Redding Municipal Code is amended to add Sections 6.12.010
through 6.12.160 to Chapter 16.12 to read as follows:
6.12.010 Applicability.
The standards and criteria established in this Chapter apply to any site, facility, location, entity,
cooperative, or collective in the City of Redding that distributes, dispenses, stores, sells, exchanges,
processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients,
health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code
Sections 11362.5, 11362.7-11362.83 or any State of California, laws, Guidelines or regulations
adopted in furtherance thereof. Nothing in this section shall be interpreted to conflict with provisions
of Health & Safety Code Section 11362.5 (Compassionate Use Act) and Sections 11362.7 et seq.
(Medical Marijuana Program Act).
6.12.020 Definitions.
The following terms and phrases, whenever used in this Chapter shall be construed as defined
in this section:
A. "Chief of Police" means the Chief of Police for the City of Redding Police Department
or his/her designee.
B. "City Manager" means the City Manager for the City of Redding or his/her designee.
C. "City Clerk" means the City Clerk for the City of Redding- or his/her designee.
D. "Guidelines" means the "Guidelines For The Security and Non-Diversion of Marijuana
Grown for Medical Use" issued by the California Attorney General in August 2008, as amended
from time to time.
E. "Medical Marijuana" is marijuana authorized in strict compliance with Health & Safety
Code SS 11362.5, 11362.7 et seq., as such sections may be amended from time to time.
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F. "Medical Marijuana Cooperative or Collective" means any not for profit site, facility or
location where ten or more Qualified Patients and/or Persons with an Identification Card associate,
meet or congregate in order collectively or cooperatively, distribute, sell, dispense, transmit, process,
deliver, exchange, or give away marijuana for medicinal purposes pursuant to Health and Safety
Code Section 11362.5 et seq. and the Guidelines. A Medical Marijuana Cooperative or Collective
must be organized as a Collective or Cooperative, as those terms are defined by the Guidelines, as
amended from time to time. A "Medical Marijuana Cooperative or Collective" shall not include the
following uses, as long as the location of such uses are otherwise regulated by this Code or
applicable law: a clinic licensed pursuant to Chapter I of Division 2 of the Health & Safety Code,
a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a
residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter
3.01 of Division 2 of the Health & Safety Code, a residential hospice, or home health agency
licensed pursuant to Chapter 8 of the Health & Safety Code, as long any such use complies strictly
with applicable law including, but not limited to, Health & Safety Code Section 11362.5 et seq.
G. "Member" means a Qualified Patient or Primary Caregiver who is a member in good
standing of the Medical Marijuana Collective or Cooperative governed by this Chapter.
H. "Permit" or "Medical Marijuana Permit" means a permit issued by the Chief of Police
that authorizes the operation of a Medical Marijuana Cooperative or Collective on the terms and
conditions set forth in this Chapter. A person who holds a valid Permit from the City shall be a
"Permittee. "
1. "Person with an Identification Card" shall have the meaning given that term by Health
& Safety Code ~ 11362.7, as amended from time to time.
J. "Primary Caregiver" shall have the meaning given that term by Health & Safety Code
SS 11362.5 and 11362.7, as amended from time to time. A person asserting primary caregiver status
must establish that (I) he or she has been designated as such by the medical marijuana patient and
(2) he or she must be a person "who has consistently assumed responsibility for the housing, health
or safety of " the patient.
K. "Qualified Patient" shall have the meaning given that term by Health & Safety Code S
11362.7, as amended from time to time.
6.12.030 Permit for Medical Marijuana Cooperative or Collective.
A. Prior to initiating operations, and as a continuing prerequisite to conducting legally valid
operations, all responsible persons or the responsible entity wishing to operate a Medical Marijuana
Cooperative or Collective shall apply for and receive from the Chief of Police a Permit for operation
of a Medical Marijuana Cooperative or Collective, on the terms and conditions set forth herein. For
those Cooperatives or Collectives established prior to December 15, 2009, desiring to remain in
lawful operation after adoption of the requirement for permitting, an application must be submitted
and deemed complete no later than January 15, 2010, or the effective date of the ordinance,
whichever is later, and the application shall be acted on by the City no later than 60 days after receipt
of a complete application.
B. The applicant for a Permit shall submit to the Chief of Police an application to operate
a Medical Marijuana Cooperative or Collective. The application shall be filed on a form and shall
contain such information as is requested by the City, including but not limited to, the following:
I. A complete description of the type, nature and extent of the enterprise to be
conducted and for which application is made, with evidence that the enterprises is
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either a Cooperative or Collective, as described in the Guidelines, as may be
amended from time to time.
a. Statutory Cooperatives: A cooperative must file articles of incorporation
with the state and conduct its business for the mutual benefit of its members.
(Corp. Code, S 12201, 12300.) No business may call itself a "cooperative"
(or "co-op") unless it is properly organized and registered as such a
corporation under the Corporations or Food and Agricultural Code. (!d. at S
12311(b).) Cooperative corporations are "democratically controlled and are
not organized to make a profit for themselves, as such, or for their members,
as such, but primarily for their members as patrons." (Id. at S 12201.) The
earnings and savings of the business must be used for the general welfare of
its members or equitably distributed to members in the form of cash,
property, credits, or services. (Ibid.) Cooperatives must follow strict rules
on organization, articles, elections and distribution of earnings, and must
report individual transactions from individual members each year. (See id.
at S 12200, et seq.) Agricultural cooperatives are likewise nonprofit
corporate entities "since they are not organized to make profit for themselves,
as such, or for their members, as such, but only for their members as
producers." (Food & Agric. Code, S 54033.) Agricultural cooperatives share
many characteristics with consumer cooperatives. (See, e.g., id. at S 54002,
et seq.) Cooperatives should not purchase marijuana from, or sell to, non-
members; instead, they should only provide a means for facilitating or
coordinating transactions between members.
b. Collectives: California law does not define collectives, but the dictionary
defines them as "a business, farm, etc., jointly owned and operated by the
members of a group." (Random House Unabridged Dictionary; Random
House, Inc. i!J 2006.) Applying this definition, a collective should be an
organization that merely facilitates the collaborative efforts of patient and
caregiver members - including the allocation of costs and revenues. As such,
a collective is not a statutory entity, but as a practical matter it might have to
organize as some form of business to carry out its activities. The collective
should not purchase marijuana, but should facilitate or coordinate
transactions between members.
2. The address of the location from which the Cooperative or Collective will be
operated, and a copy of a lease signed by the owner or duly authorized agent of the
property, authorizing allowing the applicant to occupy the property as a Medical
Marijuana Collective or Cooperative. The property owner must authorize the
application for a Medical Marijuana Collective or Cooperative in writing, and
provide his/her name, address, and telephone number of where he/she may be
reached for verification of the lease;
3. The name and address of the applicant for the Cooperative or Collective for which
application is made, as well as the applicant's previous addresses for the past five
(5) years immediately prior to the present address of the applicant;
4. All business, occupation or employment of the applicant for the ten (10) years
immediately preceding the date of the application.
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5. Plan of operations describing how the Cooperative or Collective will operate
consistent with the intent of State law, the provisions of this Chapter and the
Guidelines, including but not limited to:
a. Ensuring marijuana is not purchased or sold by the Cooperative or Collective
in a manner that would generate a profit.
b. Controls that will assure medical marijuana will be dispensed to patients or
caregi vers only.
c. Controls that will ensure access to the Cooperative or Collective premises is
adequately monitored and restricted to pre-approved Qualified Patients or
Primary Caregivers.
6. A sketch or diagram showing the interior configuration of the premises. The sketch
or diagram need not be professionally prepared, but 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.
7. A security plan outlining the proposed security arrangements for insuring the safety
of persons and to protect the premises from theft. The plan shall include
installation of security cameras, a robbery and a burglary alarm system monitored
by a state-licensed operator and a annual written security assessment of the site
conducted by a qualified professional. The security plan must also include a
lighting plan showing the existing and proposed exterior premise and interior
lighting levels that woulO be the minimum necessary to provide adequate security
lighting for the use and comply with all City standards regarding lighting design
and installation.
8. A written statement by the applicant that he/she certifies under penalty of peIjury
that the applicant has the consent of the property owner to operate a Cooperative
or Collective at that location.
9. A statement by the applicant that he/she certifies under penalty of peIjury that all
information contained in the application is true and correct.
10. Such other information that is deemed necessary to conduct the background check
of the applicant, or for the Chief of Police to demonstrate compliance with this
Chapter, the City's Municipal Code or Zoning Code.
C. Based on the information set forth therein, the Chief of Police may impose reasonable
terms and conditions on the proposed operations, consistent with Health and Safety Code ~ 11362.5
et seq. and with public health, safety, and welfare. Such terms and conditions may be imposed at
the time a Permit for Operation of a Medical Marijuana Cooperative or Collective is issued, upon
renewal ofthe Permit, or at any time during the term of the Permit.
D. A Medical Marijuana Cooperative or Collective Permit shall be valid for only one (I)
year. An operator of a Medical Marijuana Cooperative or Collective may re-apply for a Permit for
subsequent year( s).
E. The Chief of Police shall conduct a background check of any applicant for a Medical
Marijuana Permit and, based on that information, determine whether to issue a Permit.
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6.12.040 Background Check of Applicant for Medical Marijuana Cooperative or Collective
Permit.
A. Any applicant for a Medical Marijuana Pennit shall provide the following infonnation,
to enable the Chief of Police, to perfonn the background check specified herein:
1. The name, address, phone number, and fingerprints of the applicant.
2. A list of each criminal conviction of the applicant, whether such conviction was by
verdict, plea of guilty, or plea of nolo contendere. The list shall, for each such
conviction, set forth the date of arrest, the offense charged, and the offense of
which the applicant was convicted.
3. Such other infonnation as may be required by the Chief of Police, consistent with
the purposes of this Chapter, the Municipal Code, and applicable law.
B. Upon receipt of the infonnation referenced above, the Chief of Police shall conduct an
investigation and shall detennine the background of the applicant to be acceptable for the purposes
of the Medical Marijuana Pennit
6.12.050 Action on Application for a Permit.
A. An application for a Pennit shall be deemed complete then the City receives the last
submission of infonnation or materials required in compliance with this Chapter, including the
infonnation necessary to conduct a Background Check. Upon notification that an application is
incomplete, the applicant shall be granted an extension of ten (10) calendar days to submit all
materials required to complete the application. If the application remains incomplete in excess of
ten (10) calendar days, the application shall be deemed withdrawn and a new application submittal
shall be required.
8. The Chief of Police shall consider the following criteria in detennining whether to grant
or deny a Pennit and/or renewal of a Pennit:
1. That the proposed Cooperative or Collective is consistent with the Municipal Code,
the Guidelines, State Law, this Chapter, including the application submittal and
operating requirements herein.
2. That the location is not identified as having crime issues. "Crime issues" shall
mean calls for police services significantly in excess ofthe average number of calls
for service for similar businesses during the most recent reporting period for which
statistics are available.
3. That all required application materials have been provided and/or the Cooperative
or Collective has operated in a manner consistent with this Chapter.
4. That all required application or annual renewal fees have been paid in a timely
manner.
5. That the location is consistent with City of Redding zoning standards and is not
prohibited by the provisions of this Chapter, the Guidelines, or by any other local
or State law, statute, rule or regulation, and no significant nuisance issues or
problems are anticipated or result.
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6. That the floor plan, security plan and lighting plan have incorporated features
necessary to assist in reducing potential crime-related problems and as specified in
this Chapter.
7. That the applicant has not violated any local or state law, statute, rule or regulation
respecting the distribution, possession or consumption of illegal drugs or controlled
substances.
8. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business
practices or acts.
9. The applicant has not knowingly made a false statement of material fact or has
knowingly omitted to state a material fact in an Permit application, or has provided
false, inaccurate, or otherwise misleading information, or failed to submit or
otherwise refuses to submit to fingerprinting.
10. The applicant, his/her agent, or any person exercising managerial authority on
behalf of the applicant has not committed any act involving dishonesty, fraud, or
deceit with intent to substantially benefit him or her self, or another, or
substantially injure another, or illegal use, possession, distribution, or similar action
relating to illegal drugs or controlled substances. Notwithstanding the above, an
applicant shall not be denied solely on the basis that the applicant has been
convicted of a felony if the applicant has obtained a certificate of rehabilitation
under California law or that the applicant has been convicted of a misdemeanor if
the applicant has met all applicable requirements of rehabilitation pursuant to
California law.
C. Within sixty (60) days of completing the Investigation, the Application shall be approved,
conditionally approved, or denied. The Chief of Police may impose conditions, restrictions, or
require revisions to the proposal to comply with this Chapter or the Guidelines. Written notice of
the Chief of Police's decision shall be mailed to the applicant by U.S. Mail.
D. If the Chief of Police denies or revokes a Permit pursuant to this Chapter, a new
application for a Permit shall not be accepted from the applicant whose Permit has been revoked or
denied, and no such Permit shall be issued to such person for a period of three (3) years after the
action denying or revoking the Permit.
6.12.060 Contents, Posting and Changes in status of Permits.
A. The Medical Marijuana Permit shall include, but not be limited to, the following
information:
I. A complete description of the Cooperative or Collective authorized by the Permit;
2. The name and address of the Cooperative or Collective so permitted;
3. The name and address of the principal of the Cooperative or Collective, who
applied for the Permit; and
4. Any conditions upon which the Permit is issued.
B. The Permit shall be conspicuously posted at the location of the Permitted site in full
public view during business hours so that the Permit may be readily seen by all persons entering the
Cooperative or Collective.
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C. Permits shall be non-transferable. A Permittee shall not transfer control of a Cooperative
or Collective to another person unless and until the proposed new operator files an application for
a Permit with the Chief of Police in accordance with the provisions ofthis Chapter, as though he/she
were applying for the initial Permit. Such application shall be accompanied by a statement of the
current Permittee indicating hislher intent to transfer control of the Cooperative or Collective to the
new Permit applicant. In accordance with this Chapter, the Chief of Police shall determine whether
the person seeking a Permit would be entitled to the issuance of a Permit.
6.12.070 Membership Application and Verification.
When a Qualified Patient, Person with Identification Card, or Primary Caregiver wishes to join a
Medical Marijuana Cooperative or Collective, the following application guidelines shall be followed
to help ensure that marijuana grown for medical use is not diverted to illicit markets:
A. VerifY the individual's status as a Qualified patient, Person with Identification Card, or
Primary Caregiver. Unless a Qualified Patient has a valid state medical marijuana identification
card, the verification process should involve personal contact with the recommending physician (or
his or her agent), verification of the physician's identifY, as well as his or her state licensing status.
Verification of Primary Caregiver status should include contact with the Qualified Patient, as well
as validation ofthe Qualified Patient's recommendation. Copies should be made of the physician's
recommendation or identification card, if any; and
B. Have the applicant for the membership Marijuana Cooperative or Collective agree not
to distribute marijuana to non-members; and
C. Have the applicant for the membership in Medical Marijuana Cooperative or Collective
agree not to use the marijuana for other than medical purposes.
D. Membership as a qualified patient shall be restricted to only those patients with a written
recommendation from a doctor recommending or approving a specific quantity of dried marijuana
for a specific period of time not to exceed one year. Recommendations not complying with this
requirement issued prior to December 31, 2009, shall be brought into compliance no later than
January 1,2011.
E. The membership application and approval process shall include written authorization
from any member who is a Qualified Patient consenting to allow the Collective or Cooperative and
the City of Redding to verifY the member's written recommendation from his or her doctor.
F. The membership application and approval process shall include a statement from any
member who is a Qualified Patient or Person with Identification Card that they do not belong to any
other collective or cooperative in the County of Shasta. No member may be admitted for
membership into a collective or cooperative as a Qualified Patient or Person with Identification Card
in the City of Redding if they belong as a Qualified Patient or Person with Identification Card to
another collective or cooperative in the County of Shasta.
6.12.080 Business Licenses, Sales Tax, and Seller's Permits.
A. The State Board of Equalization has determined that medical marijuana transactions are
subject to sales tax, regardless of whether the individual or group makes a profit, and those engaging
in transactions involving medical marijuana must obtain a Seller's Permit from the State Board of
Equalization, or other applicable State Agency.
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B. A Medical Marijuana Cooperative or Collective shall be exempt from the requirement
to obtain a City of Redding business license pursuant to Section 6.06.010 of this Code.
6.12.090 Development, Operational and Performance Standards.
Medical Marijuana Cooperative or Collective shall operate in conformance with the following
standards to assure that the operations of the Medical Marijuana Cooperative or Collective is in
compliance with California law, and the Guidelines, and to mitigate the adverse secondary effects
from operations offacilities dispensing Medical Marijuana.
A. Prohibited Locations. No Medical Marijuana Cooperative or Collective newly
established after December 15, 2009, shall be located:
I. Within 300 feet of or in any residential zones; or
2. Within 1,000 feet of another Medical Marijuana Cooperative or Collective,
elementary school, middle school, high school, public library or public park,
preschool, or licensed child care facility; or
3. Within 1,000 feet ofa youth-oriented establishment characterized the following:
a. The establishment advertises in a manner that identifies the establishment as
catering to or providing services primarily intended for minors; or
b. The individuals who regularly patronize, congregate, or assemble at the
establishment are predominantly minors, such as arcades, recreation centers,
movie theaters, and similar uses as may be determined by the Police Chief.
4. In any structure sharing common walls with any other business.
5. The distance between a Medical Marijuana Cooperative or Collective, and the uses
and zones described above, including another Cooperative or Collective, shall be
measured in a straight line, without regard to intervening structures or objects, from
the closest property line, or exterior wall of the building or structure, or a portion
of the building or structure if located on a property line, in which the Medical
Marijuana Cooperative or Collective is located, to the boundary or closest property
line where the use or zone described above is located.
6. Where the uses or zones described above are legally created or located within the
established buffer areas after the date of application for a Medical Marijuana
Cooperative or Collective permit, orthe date of issuance of such permit, it shall not
be the sole basis for denial or revocation of the permit.
B. Accessory Use. A Medical Marijuana Cooperative or Collective is not and shall not be
approved as an accessory use to any other use permitted in Title 18.
C. Security and Lighting Plan.
I. A Medical Marijuana Cooperative or Collective shall provide adequate security and
lighting on-site to ensure the safety of persons, protect the premises from theft at
all times, and ensure that the surrounding neighborhood and businesses are not
negatively impacted by nuisance activity such as loitering and crime. In addition,
a Medical Marijuana Cooperative and Collective shall prepare and implement a
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Security Plan, as reviewed and approved by the City of Redding Chief of Police,
which shall include the use of recorded video monitors for security, both within and
outside the premises.
2. All security guards employed by Medical Marijuana Cooperative or Collective
shall be duly licensed by the State of California, Department of Consumer Affairs,
and possess a "Security Guard Card" at all times, in a manner compliant with
applicable State and Local Laws, rules or regulations. Security guards shall not
possess firearms or tasers.
3. A Medical Marijuana Cooperative or Collective must ensure that all marijuana is
securely stored. In addition, a reliable, commercial, burglary, and robbery alarm
system must be installed and maintained in a manner compliant with Redding
Municipal Code.
4. All windows shall remain unobstructed and provide clear visibility in the Medical
Marijuana Cooperative or Collective during operating hours.
D. Retail Sales and Cultivation Prohibited. No Cooperative or Collective shall conduct
or engage in the commercial sale of any product, good or service. The term "commercial sale" does
not include the provision of medical marijuana on terms and conditions consistent with this Code
and applicable law.
E. A Cooperative or Collective shall not cultivate marijuana on the premises and may only
sell or distribute dried marijuana to its members consistent with quantities recommended or
approved for patient use.
F. There shall be no on-site sales of alcohol or tobacco and no consumption of alcohol or
tobacco by members on-site, the premises, common area(s), parking lot or sidewalks surrounding
the property.
G. No Collective or Cooperative shall distribute or sell medical marijuana for a profit.
H. Consumption Restrictions. No marijuana shall be smoked, ingested, or otherwise
consumed on the premises of the Cooperative or Collective. The term "premises" includes the actual
building, as well as any accessory structures, parking areas, or other immediately surrounding areas.
I. Operating Hours. The maximum hours of operation shall be as follows: 9 AM to
I I PM, Monday through Saturday, and 9 AM to 7 PM on Sunday.
J. Signage and Notices. A Medical Marijuana Cooperative or Collective shall notify
Members of the following in writing and through posting ofa minimum 11- inch by 17-inch size
sign in a conspicuous location on the premises where it will be visible to members in the normal
course of a transaction:
I. Use of medical marijuana shall be limited to the Qualified Patient or Person with
Identification Card identified on the doctor's recommendation. Secondary sale,
barter, or distribution of medical marijuana is a crime and can lead to arrest.
2. Members of Medical Marijuana Cooperative or Collective must immediately leave
the site and not consume or use medical marijuana until at home or in an equivalent
private location.
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3. Forgery of medical documents is a felony crime.
K. Member Records. A Medical Marijuana Cooperative or Collective shall maintain
records of its Members, and must track when Members' medical marijuana recommendation and/or
identification cards expire and enforce conditions of membership by excluding members whose
identification card or physician recommendation are invalid or have expired, or who are caught
diverting marijuana for non-medical use. The Medical Marijuana Cooperative or Collective shall
maintain membership records on-site.
L. Cooperative or Collective Records.
I. A Medical Marijuana Cooperative or Collective shall keep accurate records, follow
accepted cash handling practices and maintain a general ledger of cash transactions.
Additionally, a Medical Marijuana Cooperative or Collective shall maintain records
of all Members contribution of labor, resources or money to the Cooperative or
Collective.
2. A Medical Marijuana Cooperative or Collective shall allow the Chief of Police
access to the books, records, accounts, and any and all data relevant to its permitted
activities for purposes of conducting an audit or examination to determine
compliance with this Municipal Code and all applicable laws. Books, records,
accounts, and any and all relevant data will be produced to no later then twenty-
four (24) hours after receipt of the Chief of Police's request.
M. Dispensing Operations.
I. Medical Marijuana Cooperative or Collective shall only provide, distribute,
dispense, give or transmit medical marijuana to member Qualified Patients or
Persons with Identification Card. This shall include possession of a valid
physician's recommendation, not more than one (I) year old, for medical marijuana
use by the patient. A Medical Marijuana Cooperative or Collective shall not
distribute medical marijuana to a person who is not a member in good standing of
the Cooperative or the Collective.
2. Medical Marijuana Cooperative or Collective shall not provide marijuana to any
member in an amount not consistent with personal medical use, as recommended
by the recommending physician.
3. No recommendations for use of medical marijuana shall be issued on-site, and the
Cooperative or Collective shall not have a physician on-site to evaluate patients.
4. A Medical Marijuana Cooperative or Collective may only dispense, store or
transport marijuana in amounts consistent with doctor recommendations issued to
its members.
5. A Medical Marijuana Cooperative or Collective shall not store more than Two
Hundred Dollars ($200.00) in cash reserves overnight on the premises.
6. The exterior appearance of the structure shall be compatible with the structures
already constructed or under construction within the immediate neighborhood, to
ensure against blight, deterioration, or substantial diminishment or impairment of
property values in the vicinity.
7. The operator(s) of Medical Marijuana Cooperative or Collective shall maintain the
premises, location, property and/or structures free of litter, debris, junk and other
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similar cast-off materials and free of graffiti. Any graffiti must be removed and/or
repainted within seventy-two (72) hours from discovery of or verbal or written
notice of the graffiti vandalism from the City.
8. Restrooms shall remain locked and under the control of the management.
9. There shall be no loitering on the premises, surroundings or parking lot of the
Medical Marijuana Cooperative or Collective. No person shall be present on the
premises of a Medical Marijuana Cooperative or Collective while intoxicated
and/or under the influence of alcohol and/or any controlled substance.
10. No weapons shall be permitted at any Medical Marijuana Cooperative or Collective
without prior approval of the Redding Police Department.
II. With the exception of the security guard(s) a Medical Marijuana Cooperative or
Collective shall have no employees unless such employees involved in transactions
relating to the Medical Marijuana Cooperative or Collective are Members meeting
all terms and conditions of applicable law, including the Redding Municipal Code.
N. Minors. No person under the age of eighteen (18) shall be allowed on the premises of
a Medical Marijuana Cooperative or Collective unless they are a Qualified Patient. Any Qualified
Patient under eighteen (18) years of age shall be accompanied by a parent or legal guardian. In
addition, no one under eighteen (18) years of age shall be a member of a Medical Marijuana
Cooperative or Collective without written, verified authorization by a parent or legal guardian.
O. Contact Person. Medical Marijuana Cooperative or Collective shall provide law
enforcement and all neighbors within one hundred (100) feet of the Cooperative or Collective with
the name and phone number of an on-site staff person to notify if there are problems with the
establishment.
P. Compliance with Conditions and Other Requirements.
I. A Medical Marijuana Cooperative or Collective which provides marijuana in the
form of food or other comestibles shall obtain and maintain the appropriate
Iicense(s) from the health department for providing food or other comestibles.
2. City of Redding Code Enforcement Officers, City of Redding Police Officers or
other agents or employees of the City requesting admission for the purpose of
determining compliance with this Chapter and the Guidelines shall be given
umestricted access to the Cooperative or Collective during normal hours of
operation.
3. A Medical Marijuana Cooperative or Collective shall meet any specific, additional
operating procedures and measures as may be imposed as conditions of approval
by the Chief of Police to ensure that the operations of the Cooperative or Collective
is consistent with protection of the health, safety and welfare of the community,
Qualified Patients and Primary Caregivers, and will not adversely affect
surrounding uses.
4. A Medical Marijuana Cooperative or Collective shall comply with all other
applicable property development and design standards of the City's Municipal Code
and Development Code. The building in which the Cooperative or Collective is
located shall comply with all applicable local, state and federal rules, regulations
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and laws including, but not limited to, building codes and the American with
Disabilities Act.
5. A Medical Marijuana Cooperative and Collective shall comply with and operate
in compliance with Health and Safety Code Section 11362.5 et seq. and in
conformance with the Guidelines.
Q. Indemnification. Every permit issued under this Chapter shall contain a condition
requiring the applicant to execute an agreement with the City whereby the applicant agrees to defend
and indemnify the City from any civil liability arising from a lawsuit filed by any third person against
both the collective and City arising from the operations of the collective or cooperative.
6.12.100 Fees.
The Chief of Police may impose such reasonable fees on both the application for, renewal of
and the issuance of a Permit for, a Medical Marijuana Cooperative or Collective to recoup the cost
in administering and implementing the provisions of this Chapter, including but not limited to the
costs of background checks.
6.12.110 Renewal of Permit Required.
A. Permits may be renewed by applying with the Chief of Police for additional one (I) year
periods upon application by the Permittee, unless the Permit is suspended or revoked in accordance
with the provisions of this Chapter.
B. Complete applications for renewal shall be made at least forty-five (45) calendar days
before the annual expiration of the Permit, and shall be accompanied by a nonrefundable renewal
fee. Applications for renewal shall be governed by the same criteria for approval as initial
applications for Permits.
C. Applications for renewal made less than forty-five (45) days before the annual expiration
date shall not stay the annual expiration date of the Permit, and in addition to satisfying all other
criteria for renewal, the applicant shall be required to demonstrate good cause for failing to timely
renew his/her application. The Chief of Police shall have the sole discretion to determine whether
such good cause is demonstrated.
D. If a Permit expires without being renewed, the Permittee of the expired Permit must apply
for a new Permit by complying with all requirements of this Chapter applicable to an original
application for a Permit.
6.12.120 Suspension or Revocation of a Permit.
A. The Chief of Police may suspend or revoke a Permit for any of the following reasons:
I. The Cooperative or Collective fails to comply with this Chapter, including but not
limited to, the Operating restrictions set forth in this Chapter or the Guidelines; or
2. The Cooperative or Collective fails to comply with the condition of its Permit; or
3. The Cooperative or Collective is operated in a manner, or is causing or allowing
a nuisance in connection with the Premises; or
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4. The Permittee is convicted of a public offense in any court of competent
jurisdiction, for the violation of any law which relates to his/her Permit or the
operation of the Cooperative or Collective; or
5. The Legislature or the Courts interpret or change the law in a manner that precludes
the operation of the collective or cooperative such that the operation plan is not
lawful (e.g. if collective is operating without caregiverrelationship and caregiver
relationship through the cooperative is mandated by law).
B. Upon determining grounds for suspension or revocation of a Permit exist, the Chief of
Police may issue to the Permittee written notice ofthe suspension or revocation, stating the reasons
therefore, and serve the notice, together with a copy of this Chapter, upon the Permittee.
C. The suspension or revocation shall become effective ten (1 0) calendar days following the
date of service upon the Permittee, unless the Permittee files a written request for an appeal hearing
pursuant to this Chapter. lfthe Permittee files an appeal within the time and manner prescribed, the
Permit shall remain in effect until the appeal is finally determined.
6.12.130 Appeals
A. An applicant for a Permit may file an appeal to the City Manager from the denial of an
application for a Permit, or the imposition of conditions on a permit at its issuance. A Permittee may
file an appeal to the City Manager the imposition of conditions on a Permit, or a suspension or
revocation of a Permit.
B. The appeal must be in writing, shall state the specific reasons for the appeal and the
grounds asserted for relief, and be accompanied by a non-refundable appeals processing fee set by
City Council resolution, as amended from time to time. The appeal shall be filed with the City Clerk
within ten (10) calendar days ofthe date ofthe notice of the action which the appeal is taken and
shall state the grounds for the appeal. The failure to file an appeal within the time or manner
prescribed in this section, or to include the appeals processing fee, shall waive the right to appeal.
C. Upon timely receipt of a written request for a hearing, the City Clerk shall schedule a
hearing before the City Manager, which shall be held no later than thirty (30) calendar days after
receipt of the request for hearing. Notice of the time, date and place ofthe hearing shall be provided
to the Permittee at least ten (10) calendar days before the hearing.
D. The Chief of Police shall have the burden of proof during the hearing, and shall prove by
a preponderance of the evidence that the violations leading to suspension, revocation or denial of the
Permit exist, or that grounds for the imposition of conditions exist. The City Manager shall prepare
a written decision, which shall be filed with the City Clerk within seven (7) calendar days following
the date on which the hearing is closed. The City Clerk shall within three (3) days of receipt of the
decision, serve the decision on the Chief of Police and Permittee, or permit applicant.
E. Neither the provisions ofthe California Administrative Procedure Act (Government Code
!l 11500 et seq.) nor the formal rules of evidence shall apply at the hearing. Any and all evidence
which the City Manager deems reliable, relevant and not unduly repetitious may be considered.
6.12.140 Violations.
The establishment, maintenance or operation of a Medical Marijuana Cooperative or Collective
in violation of this Chapter, or applicable local or state law or rule, shall be unlawful, and is declared
to be a public nuisance and may be abated by the City either pursuant the Municipal Code or any
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available legal remedies, including but not limited to administrative enforcement or and/or civil
injunctions. The City may also suspend or revoke a Permit, pursuant to the terms of this Chapter.
Section 3. SEVERABILITY. Ifany section, subsection subdivision paragraph, sentence, clause
or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held
to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases of this Ordinance, or its application to any person or circumstance. The City Council of
the City of Redding hereby declares that it would have adopted each section, subsection subdivision
paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other
sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
Section 4. The passage of this ordinance is not a "project" according to the definition in the
California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 5. 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 at a regular meeting on the 17th day of November, 2009, and was duly read and adopted at
a regular meeting on the 1st day of December, 2009, by the following vote:
P
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Bosetti, Dickerson, and Stegal
COUNCIL MEMBERS: Jones and McArthur
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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