HomeMy WebLinkAboutOrdinance - 2466 - Amend Title 6
.
e
--
SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2466
The following is a summary Report of the City of Redding's Ordinance No. 2466, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 6 by
amending certain sections of 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 August 17,
2010, and will be considered for adoption at it's next regular meeting. The Ordinance modifies the
scheme of regulation for newly established and existing businesses with the following changes:
1) Allows collectives to dedicate not more than ten percent of the total floor area of the
collective or 50 square feet, whichever is less, to storing and selling or distributing clones
or non-budding plants to members. Requires that any member who is sold or distributed a
living clone or plant and who lives in the City of Redding shall be provided a copy of the
City's zoning regulations pertaining to the rules associated with the cultivation of medical
marijuana in residential zones.
2) Allows collectives to establish a single indoor nursery in the City of Redding to supply the
cooperative or collective with no more than 50 percent of the yearly supply of medical
marijuana for the collective be supplied from a nursery site.
3) Amends the code to allow for the doctor's recommendation for a collective member to either
reflect 1) the doctor's approval of a specific maximum amount to treat the medical condition
or 2) the recommendation would reflect the patient's self dosage maximum requirement as
expressed to the doctor. This later option presents no risk to the doctor, is endorsed by the
CMA, is a reasonable means to achieve accountability in matching supply with demand and
curbs potential abuse.
4) Require employees of the collective hired after January 1, 2011, (who must be also be
members) to submit to a criminal background check. These individuals are often put in a
position of responsibility for ruOOing the collective when the applicant is away.
5) Add "homeless shelter, drug/alcohol treatment center, community social service or
specialized housing facility providing drug/alcohol treatment or recovery services to the list
of uses which must be more than 1000 feet away in order to establish a new collective.
6) Delete the prohibition on the use of tobacco anywhere on the premises of the collective and
allow tobacco to be used in accordance with State and County Regulations and not stricter
fashion.
7) Clarify that permit appeals could be heard by the City Manager or any hearing officer or
hearing panel designated by the City Manager.
6
e
e
A copy of the full ordinance containing details of the above summarized content is available for
inspection in the City of Redding, Office of the City Clerk.
DATED: August 24, 2010
io.
-
e
SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2466
The following is a summary Report of the City of Redding's Ordinance No. 2466, an
ordinance of the City Council ofthe City of Redding amending Redding Municipal Code Title 6 by
amending certain sections of 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 August 17,
2010, and will be considered for adoption at it's next regular meeting. The Ordinance modifies the
scheme of regulation for newly established and existing businesses with the following changes:
1) Allows collectives to dedicate not more than ten percent of the total floor area of the
collective or 50 square feet, whichever is less, to storing and selling or distributing clones
or non-budding plants to members. Requires that any member who is sold or distributed a
living clone or plant and who lives in the City of Redding shall be provided a copy of the
City's zoning regulations pertaining to the rules associated with the cultivation of medical
marijuana in residential zones.
2) Allows collectives to establish a single indoor nursery in the City of Redding to supply the
cooperative or collective with no more than 50 percent of the yearly supply of medical
marijuana for the collective be supplied from a.nursery site.
3) Amends the code to allow for the doctor's recommendation for a collective member to either
reflect 1) the doctor's approval of a specific maximum amount to treat the medical condition
or 2) the recommendation would reflect the patient's self dosage maximum requirement as
expressed to the doctor. This later option presents no risk to the doctor, is endorsed by the
CMA, is a reasonable means to achieve accountability in matching supply with demand and
curbs potential abuse.
4) Require employees of the collective hired after January 1, 2011, (who must be also be
members) to submit to a criminal background check. These individuals are often put in a
position of responsibility for running the collective when the applicant is away.
5) Add "homeless shelter, drug/alcohol treatment center, community social service or
specialized housing facility providing drug/alcohol treatment or recovery services to the list
of uses which must be more than 1000 feet away in order to establish a new collective.
6) Delete the prohibition on the use of tobacco anywhere on the premises of the collective and
allow tobacco to be used in accordance with State and County Regulations and not stricter
fashion.
7) Clarify that permit appeals could be heard by the City Manager or any hearing officer or
hearing panel designated by the City Manager.
"
0.4
e
e
Ordinance No. 2466 was introduced and read at a regular meeting of the City Council of the
City of Redding on the 17th day of August, 2010, and was duly read and adopted on the 7th day of
September, 2010, 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, McArthur, and Stegall
Jones
None
None
A complete copy of Ordinance No. 2466 is on file and available for review in the Office of
the City Clerk.
/
1;',
e
e
ORDINANCE NO. 2466
AN ORDINANCE OF THE CITY OF REDDING AMENDING
TITLE 6 (BUSINESS TAXES, LICENSES AND
REGULATIONS) CHAPTER 6.12 (MEDICAL MARIJUANA
COOPERATIVES AND COLLECTIVES) BY AMENDING
SECTIONS 6.12.020 THROUGH 6.12.070, SECTION 6.12.100
AND SECTIONS 6.12.120 THROUGH 6.12.140 RELATING TO
PERMITTING AND REGULATION OF MEDICAL
MARIJUANA COOPERATIVES AND COLLECTIVES
WHEREAS, on November 17, 2009 the Council of the City of Redding introduced
Ordinance No. 2445 establishing comprehensive regulations for permitting Medical Marijuana
Collectives and Cooperatives; and
WHEREAS, after introducing the above referenced ordinance, the City Council directed City
staff to return after six months to review and make appropriate adjustments to the regulation; and
WHEREAS, after six months there are 18 Medical Marijuana Collectives permitted and in
operation in the City, and City staff has had the associated experience of permitting and regulating
those 18 establishments and to be in a position to recommend appropriate changes.
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 by amending Sections
6.12.020,6.12.030,6.12.040,6.12.050,6.12.060, 6.12.070, 6.12.090, 6.12.100, 6.12.120, 6.12.130
and 6.12.140 to Chapter 16.12 to read as follows:
6.12.020
Definitions.
The following terms and phrases, whenever used in this Chapter shall be construed as defined
in this section:
A. [No change to text]
B.
"City Manager" means the City Manager for the City of Redding or any independent
hearing officer or panel designated by the City Manager.
1
~
(1')"\.
0)
c.
[No change sections C through F]
e
e
G. "Medical Marijuana Nursery" means a facility operating within the City of Redding
in compliance with the provisions of Section 6.12.090 of the Redding Municipal
Code that provides dried medical marijuana and/or live marijuana clones/non-
budding plants solely to members of the medical marijuana cooperative or collective
to which the nursery is affiliated.
H. [Former sections G through K re-Iettered to H through L]
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.
B. [No change to subsections B.1 through B.4]
5. Plan of operations describing how the Cooperative or Collective will operate
consistent with the intent of State law, the provisions ofthis 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 caregivers 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.
d. Necessary details and information pursuant to Section 6.12.090 of
this Chapter concerning any medical marijuana nursery established or
proposed to be established to supply the Cooperative or Collective.
[No change to subsections B.6 through B.9]
10. Such other information that is deemed necessary to conduct the background
check ofthe applicant/employees, or for the Chief of Police to demonstrate
compliance with this Chapter, the City's Municipal Code or Zoning Code.
C. [No Change to sections C or D]
E. The Chief of Po lice shall conduct a background check of any applicant for a Medical
Marijuana Permit and any employees ofthe Medical Marijuana Cooperative or Collective and, based
on that information, determine whether to issue a Permit.
2
e
e
6.12.040
Background Check of Applicant for Medical Marijuana Cooperative or
Collective Permit and any Employees of the Medical Marijuana Cooperative or
Collective.
A. Any applicant for a Medical Marijuana Permit and any employees of the Medical
\
Marijuana Cooperative or Collective hired after January 1, 2011, shall provide the following
information, to enable the Chief of Police, to perform the background check specified herein:
1. The name, address, phone number, and fingerprints of the
applicant/employee.
2. A list of each criminal conviction of the applicant/employee, 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. [No change to text]
B. Upon receipt of the information referenced above, the Chief of Police shall conduct
an investigation and shall determine whether the background ofthe applicant/employee is acceptable
for the purposes of the Medical Marijuana Permit
6.12.050
Action on Application for a Permit.
A. [No change to text]
B. The Chief of Police shall consider the following criteria in determining whether to
grant or deny a Permit and/or renewal of a Permit:
1. [No change to subsection B.1 through BA or B.6 thorough B.9]
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.
10. The applicant, his/her agent, employees 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. [No change to sections C through D]
3
e
e
6.12.060
Contents, Posting and Changes in status of Permits.
A.
[No change to text]
B. A single page abstract certificate of 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. A copy ofthe full Permit shall
be kept on file at the Cooperative or Collective.
C.
[No change to text]
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. [No change to text in sections A, B C, E or F]
D. Membership as a qualified patient shall be restricted to only those patients with a
written recommendation from a doctor where the doctor has recommended or approved a specific
quantity (or maximum capped quantity) of dried marijuana for a specific period oftime not to exceed
one year or alternatively where the recommendation from the doctor reflects the patient's maximum
anticipated self dosage requirements necessary to treat the medical condition diagnosed by the
doctor. The reason for having the recommendation reflect quantitative limits is because lawful
operation of a Collective or Cooperative is a closed system of supply and distribution among
members and quantifying the patient's medicinal requirements is necessary for responsible record
keeping and to ensure the Collective or Cooperative can adequately plan for and meet the needs of
all of its patient members. Recommendations not complying with this requirement issued prior to
December 31, 2009, shall be brought into compliance no later than January 1, 2011.
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 ofthe Medical Marijuana Cooperative or Collective
is in compliance with California law, and the Guidelines, and to mitigate the adverse secondary
effects from operations of facilities dispensing Medical Marijuana.
A. Prohibited Locations. No Medical Marijuana Cooperative or Collective newly
established after December 15, 2009, shall be located:
1. [No change to text]
2. Within 1,000 feet of another Medical Marijuana Cooperative or Collective,
elementary school, middle school, high school, public library or public park,
preschool, homeless shelter, drug/alcohol treatment center, community social
4
e
e
service or specialized housing facility providing drug/alcohol treatment or
recovery services, or day-care center; or
3. [No change to text in subdivision A.3 thorough A.6]
B. [No Change to text]
C. Security and Lighting Plan.
1. [No change to text]
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 orregulations.
Security guards shall not possess firearms.
3. [No Change to text to subsections C.3 or CA]
D. [No change to text]
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. However, a Cooperative or Collective may distribute marijuana
clones/non-budding plants grown by one or more of its members solely to other members of the
cooperative or collective. Not more than 10 percent of the total floor area or 50 square feet,
whichever is less, of the cooperative or collective may be utilized for storage and/or handling of
cloned plants. No cloning, cultivating or drying activities shall occur on the premises.
F. There shall be no on-site sales of alcohol or tobacco and no consumption of alcohol
by members on-site, on the premises, within common area( s), parking lot~ or sidewalks surrounding
the property. The consumption of tobacco by members shall comply with State and County
regulations.
Go [No Change to text to sections G, H, I, J, K or L]
Mo Supply and Dispensing Operations.
1. [No Change to text in subsections B.1 through B. 7]
80 Restrooms shall remain under the control of the management.
9. [No Change to text]
lO. No firearms shall be permitted at any Medical Marijuana Cooperative or
Collective without prior approval of the Redding Police Department.
5
e
e
11. [No Change to text]
N. [No change to text to sections Nor 0]
P. Compliance with Conditions and Other Requirements.
1. [No change to text]
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 unrestricted access to the Cooperative or Collective during normal
hours of operation. Employees of the Cooperative or Collective shall not
interfere with any inspection or compliance check or any enforcement efforts.
3. [No change to text in subsections P.3 through P.5]
6. A single medical marijuana nursery may be associated with a permitted
Cooperative or Collective to provide dried marijuana or clones/non-budding
plants to the Cooperative or Collective to augment the supply of medical
marijuana grown at the homes of members. Authorization from the Chief of
Police is required prior to establishing a medical marijuana nursery.
a. The person operating the medical marijuana nursery, and all
employees/associates thereof shall be a member of the Cooperative
or Collective to which any dried marijuana or clones are being
provided. Product from any authorized nursery shall only be
provided to a single Cooperative or Collective.
b. Any medical marijuana nursery affiliated with a Cooperative or
Collective and located in the City of Redding shall be located in an
appropriate zoning district as defined in Chapter 18.34 of the Zop.ing
Code.
c. To ensure that the collaborative intent of establishing a Cooperative
or Collective is satisfied pursuant to the Attorney General Guidelines,
the amount of dried medical marijuana or clones provided to the
Collective or Cooperative from a nursery shall not exceed 50 percent
of the yearly need ofthe Cooperative or Collective based on the total
physicians recommendations for all members of the Collective or
Cooperative. Documentation to satisfy this requirement shall be
available for verification by the Chief of Police in accordance with
Section 6. 12.090L.
d. The member who operates the medical marijuana nursery and each
employee working at the nursery shall submit to a background check
following the process outlined in Section 6.12.040.
6
o.
e
e
e.
A security and lighting plan for the nursery shall be provided for
review and approval of the chief of police in accordance with Section
6.12.090C.l, 2, and 3
f.
The member responsible for the nursery shall provide to the Chief of
Police a written notice from the property owner that he/she consents
to the cultivation of medical marijuana on the premises.
g.
Ifthe nursery is established in the City of Redding, cultivation shall
only occur within a fully enclosed building and the building shall
meet all requirements of the California Building Code.
h.
If the nursery is established in the City of Redding, Marijuana plants
shall not be visible from outside the building.
1.
No on-site dispensing of medical marijuana and/or plants or other
products shall occur at the nursery.
J.
No display or sale of any product, including paraphernalia used for
the use or consumption of medical marijuana shall be permitted.
k.
Medical marijuana nurseries shall not adversely affect the health,
safety, welfare or quiet enjoyment of the nearby residents or
businesses by creating dust, glare, heat, noise, noxious gasses, odor,
smoke, traffic, vibration, or other impacts, or be hazardous due to use
or storage of materials, processes, products or wastes.
1.
Ifthe nursery is located in the City of Redding, prior to commencing
cultivation activities, the premises shall be inspected by the Building
Official for compliance with the building code. The findings ofthis
inspection shall be provided to the chief of police prior to
commencement of operations within the building.
m.
It shall be the responsibility of the member/operator ofthe nursery to
ensure that medical marijuana or medical marijuana clones/plants
produced on site are provided only to the authorized Collective or
Cooperative and its members.
Any member who buys a clone or supplies dried marijuana to a
Collective or Cooperative and who resides in the City of Redding
shall be provided a copy of City of Redding zoning regulations
pertaining to medical marijuana, and the member shall sign an
affidavit to be kept on file in the collective certifying that they agree
to abide by such rules, and further that they agree not to sell or
distribute medical marijuana to nonmembers.
The Chief of Police shall consider the criteria in Section 6.12.050B
in determining whether to authorize commencement of medical
n.
7
e
e
marijuana nursery activities and may require specific operational and
performance measures as may be determined necessary to ensure
compliance with the requirements of this ordinance. The notice of
authorization shall be posted in a prominent location within the
facility and a copy shall be available at the authorized Cooperative or
Collective. Denial of a request to establish a medical marijuana
nursery may be appealed using the process contained in Section
6.12.130.
p. Authorization to operate a medical marijuana nursery may be
suspended or revoked for those same reasons specified in Section
6.12.120 related to Cooperatives and Collectives.
q. Any medical marijuana nursery lawfully established prior to August
1, 2010 desiring to continue operation in accordance with this
Chapter, must submit their requests to the Chief of Police no later
than October 1, 2010. All such facilities shall meet the requirements
of this ordinance by June 1,2011.
7.. Members of a Cooperative or Collective who cultivate medical marijuana as an
accessory use in residential zones within the City of Redding shall adhere to the
requirements of Section 18043.100 ofthe Zoning Code.
Q. [No change to text]
6.12.100 Fees.
The City 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 ofthis Chapter, including but not limited to the costs
of background checks.
6.12.120
Suspension or Revocation of a Permit.
A.
The Chief of Police may suspend or revoke a Permit for any ofthe following reasons:
1. [subsections A.l and A.3 are repealed, former sections A.2, Ao4 and A.5 are
renumbered to A.l through A.3 respectively]
[No change to sections B or C]
B.
6.12.130
Appeals
A.
[No change to text in sections A or B]
8
e
e
C. Upon timely receipt of a written request for a hearing, the City Clerk shall schedule
a hearing before the City Manager or any independent hearing officer or panel designated by the City
Manager, which shall be held no later than thirty (30) calendar days after receipt of the request for
hearing. Notice ofthe time, date and place of the 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/designated independent hearing officer or panel 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 Permitee, or permit applicant.
E.
[No change to text]
6.12.140
Violations.
The establishment, maintenance or operation of a Medical Marijuana Cooperative or
Collective or associated Medical Marijuana Nursery without a Permit and 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 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 2. Severability. If any 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 3. 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 4. 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.
9
. .
e
e
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 17th day of August, 2010, and was dul read and adopted at a
regular meeting on the 7th day of September, 2010, by the following v
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Attest: . ,. J I J I
~ . , . )
~ cl I';."
. > " / J.,,.... ....
-, ~. , "l '.'.' c.
."' I' "')'.
~. ',. r~'u'...\
( ~.\.:\...; /'.
...../
, ....... ...
P A~E'LA MtZE, Clty ~..lerk
"' (~~';~ ~",J~..<
~. ~.. '\ '.~:: :: (' .,.,~
..,'\,..."\.....'l~,_~ ,
:-->
Bosetti, Dickerson,
Jones
None
None
Form Approved:
~~
10