5-20.13 Operating Requirements | Clearlake Municipal Code

5-20.13 Operating Requirements.

Dispensary or delivery only dispensary operations shall be established and managed only in compliance with the following standards:

a. Criminal History. Applicants’ criminal histories will be reviewed against the parameters set forth in California Business and Professions Code Section 26057.

1. It shall be unlawful for any licensee, supervisor, or manager of any dispensary, to employ any person who is not at least 21 years of age.

2. Persons under the age of 18 shall not be allowed on the premises without a legal guardian over the age of 21 present. Persons age 18 to 21 shall be allowed on premises with a medical marijuana recommendation. Persons under the age of 21 shall not be allowed on the premises for recreational use.

3. Delivery requests made by persons under the age of 18 shall not be fulfilled. Persons age 18-21 shall have delivery requests fulfilled with a medical marijuana recommendation. Persons under the age of 21 shall not have delivery requests fulfilled for recreational use.

c. Operating Hours. The maximum dispensary days and hours of operations shall be as follows:

Monday through Sunday: 8:00 a.m. - 10:00 p.m.

1. The dispensary or delivery only dispensary shall not exceed three thousand (3,000) square feet. Dispensary or delivery only dispensary size shall be limited, as deemed appropriate and necessary, to best serve customer needs within the intent of this section and reduce potential adverse impacts that might otherwise occur on surrounding neighborhoods, businesses and demands on City services.

2. All cannabis products must be located behind a locked door. For Marijuana Dispensaries, the entrance into the “bud tending” room shall be locked at all times with entry strictly controlled; e.g., a “buzz-in” electronic/mechanical entry system. A viewer shall be installed in the door that allows a wide-angle of view of the exterior entrance. Entrances to Delivery Only Dispensaries shall only be accessible by employees and authorized personnel.

3. Non-consumable, non-cannabis paraphernalia do not need to be behind a locked door.

e. Dispensary Supply. A dispensary may possess no more than the following amounts of product at any one time in addition to live plants for sale that are in a vegetative (not mature) state:

1. Flower: Twenty (20) pounds;

2. Concentrate: One (1) kilogram of oil;

3. Edibles: No limitation;

4. Topicals: No limitation.

1. Dispensaries and Delivery Only Dispensaries shall maintain records reflecting:

(a) The full name, address, and telephone number(s) of the owner or lessee of the property.

(b) The full name, address, and telephone number(s) of all suppliers of marijuana in order to verify compliance with cultivation ordinance.

(d) Copies of current and valid California Driver’s Licenses for employees of Delivery Only Dispensaries whose responsibilities include making deliveries to consumers.

(e) A vehicle log of the make, model, year, photograph and registration information for all vehicles used to make deliveries. Photographs must illustrate that a vehicle used for deliveries is equipped with a secure lockbox, as described in Section 5-20c.1. Licensee shall promptly update the vehicle log as to any changes or additions to delivery vehicles and the updated log shall be transmitted to the police department within ten (10) days of any changes.

2. The licensee shall annually provide information on prior years’ operations verifying compliance with this section to the City Manager. Licensee shall modify dispensary operations as required by the City Manager to ensure compliance with all requirements of this section.

1. Floor Plan. The main entrance of a dispensary (not applicable to a delivery only dispensary) shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks and site driveways.

2. Storage. A dispensary or delivery only dispensary shall have a locked safe on the premises, identified as a part of the security plan, for after-hours storage of marijuana. A dispensary or delivery only dispensary shall also have a secure area for the storage of immature plants and any other products specifically allowed under the license, which contain marijuana.

3. Minimum Staffing. The dispensary or delivery only dispensary shall be staffed during hours of operation by at least two (2) persons, one of whom must be a manager.

4. Odors. A dispensary or delivery only dispensary shall have an air treatment system that ensures off-site odors shall not result from its operations.

5. Security Plan. A dispensary or delivery only dispensary shall provide adequate security on the premises, as approved by the Police Chief and pursuant to this section, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.

6. Security Cameras. Security cameras required by this section shall be installed to monitor, at the minimum, the main entrance and exterior of the premises to discourage loitering, crime, and illegal or nuisance activities.

7. Security Video Retention. Security video shall be retained for thirty (30) days. Images shall be made available to the Police Chief upon a reasonable written request for the specific time period.

8. Alarm System. A State-licensed professionally monitored robbery and burglary alarm system shall be installed and maintained in good working condition.

9. Emergency Contact. A dispensary or delivery only dispensary shall provide the Police Chief and the Fire Chief with the name, phone number and facsimile number or email address of an individual working on the dispensary premises, to whom notice of problems associated with the operation of the dispensary can be provided. The dispensary or delivery only dispensary shall keep this information current at all times. The dispensary or delivery only dispensary shall make every good faith effort to encourage neighborhood residents to call this designated person to resolve operating problems, if any, before any calls or complaints are made to the City.

1. Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Clearlake Zoning Ordinance.

2. Business identification signage shall comply with the appropriate sign requirements with the applicable zoning district.

i. Employee Records. Each owner or operator of a dispensary shall maintain a current register of the names of all employees currently employed by the dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this section.

j. Financial Review. Dispensary or delivery only dispensary must provide financial information for purposes of sales tax audits. Requested financial information shall be produced within fourteen (14) days after receipt of the City’s written request.

1. Dispensary or delivery only dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with State and local law.

2. The dispensary or delivery only dispensary shall take those steps necessary to assure that the persons assigned to provide security are properly trained or employed by a private security service in good standing with all supervisory or regulatory bodies exercising jurisdiction over such services.

1. The operator of the establishment shall take all reasonable steps to discourage and correct conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if related to the patrons of the subject dispensary or delivery only dispensary.

(a) “Reasonable steps” shall include calling the police within thirty (30) minutes of observation of the activity, requesting those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities, unless personal safety would be threatened in making the request.

(b) “Nuisance” includes but is not limited to disturbances of peace, open public consumption of marijuana or alcohol, excessive pedestrian or vehicular traffic, including the formation of any pedestrian lines outside the building, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.

2. The operator shall conspicuously post and provide customers with a list of the rules and regulations governing marijuana use and consumption within the City.

m. Compliance with Other Requirements. The operator shall comply with all provisions of all applicable local or State laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders.

n. Confidentiality. To the extent protected by law, the information provided for purposes of this section shall remain confidential.

o. Display of License. Every dispensary shall display at all times during business hours the license issued pursuant to the provisions of this section for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the dispensary.

p. Payment of Fees. A licensee shall pay all annual license fees at the time that an original application is filed or an annual renewal application is submitted.

q. Denial of Application. The City shall deny an application that fails to meet the requirements as set forth in this ordinance, or for any reason set forth in Section 26057 of the California Business and Professions Code. (Ord. #201-2017)