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5-20 MARIJUANA DISPENSARY REGULATIONS.
This section is included in your selections.

Prior legislation: Ords. #2011-150, 2012-153, 196-2017, 201-2017.

Editor’s Note: Section 2 of Ordinance No. 201-2017 provided that the City of Clearlake Police Chief or designees are hereby authorized to access state and federal level summary criminal history information for employment (including volunteers and contract employees), licensing of managers, supervisors, or owners, or certification for commercial marijuana dispensaries purposes and may not disseminate the information to a private entity.

This subsection is included in your selections.

For the purpose of this section, the following words and phrases shall mean:

APPLICANT means a person who is required to file an application for a Marijuana Business License under this section, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a Marijuana Dispensary, as defined herein.

AUMA shall mean the Adult Use of Marijuana Act, also known as Proposition 64.

BUD TENDING ROOM shall mean the area of the dispensary where the cannabis is provided for sale.

CITY means the City of Clearlake.

DELIVERY means the use by a licensed or permitted dispensary of any technology platform owned or accessed via software license that enables the consumer to arrange for or facilitate the transfer of marijuana by a dispensary of marijuana or marijuana products.

DELIVERY ONLY DISPENSARY means a non-storefront location that provides consumer related products only via delivery and is primarily found within the City’s CB combining zone district which sells marijuana and related products with a valid license from the City of Clearlake and, when applicable, from the State of California.

DRUG PARAPHERNALIA shall have the same definition as found in the Health and Safety Code Section 11364.5, and as may be amended.

LICENSEE means the person to whom a City Marijuana Dispensary or Delivery Only Dispensary License is issued under this section.

MARIJUANA DISPENSARY or DISPENSARY means any storefront location that provides consumer related products primarily found within the City’s C-2 and C2-DD, and C4 zone districts which sells marijuana and related products with a valid license from the City of Clearlake and, when applicable, from the State of California.

MAUCRSA means the state Medicinal and Adult Use of Cannabis Regulation and Safety Act, as may be amended.

A MEDICAL MARIJUANA COLLECTIVE or COOPERATIVE means an organization that facilitates the collaborative efforts of medical marijuana patients and caregiver members for use and cultivation of medical marijuana as authorized by law – including the allocation of costs and revenues and is in compliance with Health and Safety Code section 11362.775 and applicable state regulations.

MEMBER shall mean a person who is registered with the dispensary.

POLICE CHIEF – shall mean the Chief of Police of the City of Clearlake or his/her designee.

YOUTH-ORIENTED FACILITY shall mean a public or private school (K-12), licensed daycare facilities, public parks, or a “youth center” as defined by state law as any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. #201-2017)