18-43.060 General Operating Requirements.
The following general operating requirements are applicable to all applications for commercial cannabis business use permits subject to the additional requirements set forth in Sections 18-43.070 (Cultivation Operating Requirements), 18-43.080 (Manufacturing Operating Requirements), 18-43.090 (Distribution Operating Requirements), and 18-43.100 (Testing Laboratory Operating Requirements), respectively.
a. Compliance with State and Local Law.
1. State Licensing. All cannabis operators shall be required to obtain a State cannabis license at such time as the State begins issuing such licenses pursuant to MAUCRSA, and shall comply at all times with any applicable State licensing requirements, including, but not limited to, operational standards such as, by way of illustration but not limitation, background checks, prior felony convictions, restrictions on multiple licenses and license types, and locational criteria. Failure to apply for, receive, maintain, and operate in full compliance with a State cannabis license, when available, shall be grounds for revocation of City approval of commercial cannabis permits as set forth in this chapter.
2. State Law and Agency Compliance. Compliance with the provisions of the MAUCRSA, as may be amended, as well as any and all rules and regulations for commercial cannabis as may now be adopted or hereafter promulgated by any of the State agencies and departments with oversight of cannabis activity and licensing including, but not limited to, the Bureau of Cannabis Control, the Department of Food and Agriculture, the Department of Public Health, the Department of Pesticide Regulation, the State Water Resources Control Board, and the Department of Tax and Fee Administration, shall be considered conditions of zoning clearance or permit approval for any commercial cannabis use in the City.
3. Inventory and Tracking. Cannabis operators shall comply with any track and trace program established by the State agencies and shall operate in a manner to prevent diversion of cannabis.
b. Building and Fire Permits. All applicants must illustrate that their facilities are compliant with all applicable local building and fire codes.
c. Management and On-Site Community Relations Contacts. Each applicant for a commercial cannabis business shall provide the Community Development Department, Fire Department, and Police Department with full contact information for the person or persons having management and/or supervision of the cannabis business as well as an on-site community relations contact. Subsequently cannabis operators shall provide prompt written notice to the Planning Department, Fire Department, and Police Department of any changes to such contact information.
d. Transfer of Ownership or Control. A permittee shall not transfer ownership or control of a cannabis business or transfer a use permit or zoning clearance for a cannabis business to another person unless and until the transferee obtains an amendment to the permit or zoning clearance from the Community Development Director stating that the transferee is now the permittee. Such an amendment is obtained through the issuance of a zoning clearance that documents the transfer and commits the transferee to compliance with each of the conditions of the original use permit or zoning clearance.
e. Security Plan. Every cannabis business shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. As part of an application for a cannabis use, each applicant shall prepare and submit a security plan, which plans shall remain updated and secured on file in the protective custody of the Building Department. The information provided for purposes of this section shall be maintained by the Building Department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction. Minimum security plan requirements include the following:
1. Security Cameras. Security surveillance cameras shall be installed to provide coverage on a twenty-four (24) hour basis of all areas where cannabis is cultivated, weighed, manufactured, packaged, stored and dispensed in a manner that provides clear and certain identification of individuals. Cameras shall remain in active, operable condition and capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for ninety (90) days.
2. Alarm System. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. The alarm system shall be installed in accordance with Article 5-13 of the City of Clearlake Municipal Code and shall include sensors to detect entry and exit from all secure areas and windows. Cannabis operators shall keep the name and contact information of the alarm system installation company as part of the business’s on-site books and records.
3. Limited Access Areas. A cannabis business shall establish limited access areas accessible only to authorized personnel and enforcement.
4. Storage. All cannabis on the permitted premises shall be stored and secured in a store room, safe, or vault in a manner that prevents diversion, theft, and loss.
5. Transportation. Each cannabis business shall provide as a part of its security plan a description of its procedures for transportation delivery, and safely and securely transporting cannabis products and currency in accordance with State law.
6. Locks. All points of ingress and egress to a cannabis business shall ensure the use of commercial-grade, nonresidential door locks and window locks.
7. Emergency Access. Security measures shall be designed to ensure emergency access in compliance with fire safety standards.
f. Odor Control. All cannabis businesses in the City shall be required to incorporate and maintain adequate odor control measures such that the odors of cannabis cannot be readily detected from outside of the structure in which the permitted premises is located. The cannabis operator shall be solely responsible for taking any and all appropriate measures to meet this standard and to install, operate and maintain appropriate odor mitigation measures consistent with the manufacturer’s specifications and requirements.
g. Lighting. Exterior lighting shall be provided for security purposes in a manner that shall be sufficient to provide illumination and clear visibility to all outdoor areas, including all points of ingress and egress, with minimal spillover on adjacent properties. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood, and in compliance with all illumination standards adopted by the City on a City-wide basis.
h. Inspections. The cannabis business shall be open for inspection by any City law enforcement officer or City Code Enforcement Officer at any time the cannabis business is operating, at any other time upon responding to a call for service related to the property where the cannabis business is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis business shall be made immediately available to the Police Chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.
i. Modifications to Premises. A permittee shall not make physical change, alteration, or modification of the permitted premises that materially or substantially alters the permitted premises from the plans approved by the review authority without the prior written approval of the review authority. Material changes include, but are not limited to: an increase or decrease in the total square footage of the permitted premises, or modifications made for the purpose of increasing power usage, or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress.
j. Display of Permit. Every commercial cannabis facility shall display at all times during business hours the use permit or zoning clearance issued pursuant to the provisions of this article for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the facility.
k. Hours of Operation. Cannabis businesses shall be allowed to operate per the requirements of the underlying zone district or the use permit, whichever is the more restrictive, and subject to the City’s noise and nuisance ordinances.
l. Permit Requirements for a Cannabis Micro-Business. A cannabis micro-business shall be subject to approval of a use permit by the Planning Commission.
m. Cannabis processing operations that are an ancillary and integral part of the operations of a cannabis manufacturer or cannabis cultivator are not required to have an additional cannabis processing permit. (Ord. #248-2020, S2 (Exh. A))