HomeMy WebLinkAboutAgenda Report - January 20, 2016 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1919 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare — by Repealing
Chapter 9.30, 'Medical Marijuana Dispensaries,' in Its Entirety, and Enacting
Chapter 9.30, 'Medical Marijuana,' to Prohibit the Delivery and Processing of
Medical Marijuana within the City, as Well as the Continued Prohibition of Medical
Marijuana Dispensaries"
MEETING DATE: January 20, 2016
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1919.
BACKGROUND INFORMATION: Ordinance No. 1919 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Title 9 — Public Peace, Morals and
Welfare — by Repealing Chapter 9.30, `Medical Marijuana
Dispensaries,' in Its Entirety, and Enacting Chapter 9.30, 'Medical Marijuana,' to Prohibit the Delivery and
Processing of Medical Marijuana within the City, as Well as the Continued Prohibition of Medical
Marijuana Dispensaries," was introduced at the regular City Council meeting of January 6, 2016.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT
FUNDING AVAILABLE:
Not applicable.
Not applicable.
Ilk
JMF/PMF
Attachment
APPROVED:
, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance 1. DOC
ORDINANCE NO. 1919
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING LODI MUNICIPAL CODE
TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE —
BY REPEALING CHAPTER 9.30, "MEDICAL MARIJUANA
DISPENSARIES" IN ITS ENTIRETY, AND ENACTING
CHAPTER 9.30, "MEDICAL MARIJUANA"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 9 — Public Peace, Morals, and Welfare — is
hereby amended by repealing Chapter 9.30, "Medical Marijuana Dispensaries" in its
entirety, and enacting Chapter 9.30, "Medical Marijuana" to read as follows:
CHAPTER 9.30
MEDICAL MARIJUANA
SECTIONS:
9.30.010 Definitions
9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited
9.30.030 Delivery of Medical Marijuana as a Prohibited Use and/or Activity
9.30.040 Processing of Medical Marijuana as a Prohibited Use and/or Activity
9.30.050 Public Nuisance
9.30.060 Civil Penalties
Section 9.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Medical Marijuana" is marijuana authorized in strict compliance with Health and
Safety Code Section 11362.5, et seq.
B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where medical marijuana is cultivated or by any means made available to,
distributed by, or distributed to two (2) or more of the following: a qualified patient, a
person with an identification card, or a primary caregiver in strict accordance with Health
and Safety Code Sections 11362.5, et seq., and 11362.7, et seq.
A medical marijuana dispensary shall not include the following uses, so long as such
uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other
applicable law:
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2
of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
C. "Marijuana Delivery" or "Delivery" means the commercial delivery, transfer or
transport, or arranging for the delivery, transfer or transport, or the use of any technology
platform to arrange for or facilitate the commercial delivery,. transfer or transport of
medical marijuana, marijuana edibles, and/or any marijuana products to or from any
location within the jurisdictional limits of the City of Lodi, and any and all associated
business and/or operational activities.
D. "Marijuana Processing" or "Processing" means any method used to prepare
medical marijuana, marijuana edibles and/or marijuana byproducts for commercial retail
and/or wholesale sales, including, but not limited to: cleaning, curing, preparation,
laboratory testing, manufacturing, packaging, and extraction of active ingredients to
create marijuana related products and concentrates.
E. "Person with an identification card" shall have the meaning as set forth in Health
and Safety Code Section 11362.7, and as may be amended.
F. "Primary caregiver" shall have the meaning as set forth in Health and Safety
Code Section 11362.7, and as may be amended.
G. "Qualified patient" shall have the meaning as set forth in Health and Safety Code
Section 11362.7, and as may be amended.
Section 9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited.
No person shall establish, operate, or permit the establishment or operation of a medical
marijuana dispensary in or upon any premises in the City of Lodi.
Section 9.30.030 Delivery of Marijuana as a Prohibited Use and/or Activity.
Marijuana Delivery by any person or entity, including, but not limited to, clinics,
collectives, cooperatives and dispensaries, is prohibited in the City. No permit, license,
use permit or variance, whether conditional or otherwise, shall be issued for the
establishment of such activity. Any Delivery that takes place in violation of any provision
of this Chapter is unlawful, and is hereby declared a public nuisance. Nothing in this
Chapter is intended to, nor shall it be construed to, make legal any Delivery activity that
is otherwise prohibited under California law.
Section 9.30.040 Processing of Marijuana as a Prohibited Use and/or Activity.
Marijuana Processing by any person or entity, including, but not limited to, clinics,
2
collectives, cooperatives and dispensaries, is prohibited in all zones within the City's
jurisdictional limits. No permit, license, use permit or variance, whether conditional or
otherwise, shall be issued for the establishment of such activity. Any Processing that
takes place in violation of any provision of this Chapter is unlawful, and is hereby
declared a public nuisance. Nothing in this Chapter is intended to, nor shall it be
construed to, make legal any Processing activity that is otherwise prohibited under
California law.
Section 9.30.050 Public Nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this
Chapter 9.30 shall be; and' hereby is declared to be a public nuisance and may be
summarily abated by the City pursuant to Code of Civil Procedure Section 731.
Section 9.30.060 Civil Penalties.
In addition to any other enforcement permitted by this Chapter 9.30, the City Attorney
may bring a civil action for injunctive relief and civil penalties pursuant to Chapter 1.10 of
this code against any person or entity that violates this Chapter 9.30. In any civil action
brought pursuant to this Chapter 9.30, a court of competent jurisdiction may award
reasonable attorneys fees and costs to the prevailing party.
SECTION 2. This ordinance is not intended to and shall not be construed or given
effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by
law.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect 30 days from and after its passage and approval.
Attest:
r�,,�Q—IFER,ql FERRAIOLO
i Cl
ty Clerk
3
Approved this 20th day of January, 2016,
Ag
MARK CHANDLER
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1919 was introduced at a regular meeting of the City Council of the City
of Lodi held January 6, 2016, and was thereafter passed, adopted, and ordered to print
at a regular meeting of said Council held January 20, 2016, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1919 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form:
y
tl N ED. MAGDICH
-•Slt�amey
I.I
Ail"
JNl ER I. F OLO
Clerk
SUBJECT:
Please immediately confirms receipt
Of this, faasr by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NO. 1919
PUBLISH DATE: SATURDAY, JANUARY 9, 2016
TEAR SHEETS WANTED: One [_1) 0183$9
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, JANUARY 7, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
-102Q= ZZ'Wr7
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OFADVERTISEMENT. ,THANK YOU11.
EM6116d to the dent hdi at diaper@lodinews.com at = j or►;42
LNS.. _ Phoned to c_o.nfirm-r@of all pa�e�
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1919
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9
— PUBLIC PEACE, MORALS AND WELFARE — BY REPEALING CHAPTER 9.30, "MEDICAL
MARIJUANA DISPENSARIES," IN ITS ENTIRETY, AND ENACTING CHAPTER 9.30,
"MEDICAL MARIJUANA," TO PROHIBIT THE DELIVERY AND PROCESSING OF MEDICAL
MARIJUANA WITHIN THE CITY, AS WELL AS THE CONTINUED PROHIBITION OF
MEDICAL MARIJUANA DISPENSARIES. The purpose of this ordinance is to amend the City's
current regulation to include the prohibition of the delivery, transfer or transport, or arranging for
the delivery, transfer or transport of medical marijuana, marijuana edibles and/or marijuana
byproducts to or from any location within the jurisdictional limits of the City. Introduced
January 6, 2016. Adoption to be considered January 20 2016. AYES: Johnson, Nakanishi, and
Mayor Chandler; NOES: Kuehne and Mounce; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
January 6, 2016
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
C,��f LSO
DECLARATION
�q�IF'OR�`C
ORDINANCE NO. 1919
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — BY REPEALING
CHAPTER 9.30, "MEDICAL MARIJUANA DISPENSARIES," IN ITS ENTIRETY, AND
ENACTING CHAPTER 9.30, "MEDICAL MARIJUANA," TO PROHIBIT THE
DELIVERY AND PROCESSING OF MEDICAL MARIJUANA WITHIN THE CITY, AS
WELL AS THE CONTINUED PROHIBITION OF MEDICAL MARIJUANA
DISPENSARIES
On Thursday, January 7, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1919 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 7, 2016, at Lodi, California.
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDecPost.doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
-Al
E.
H a�
ORDINANCE NO. 1919
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING LODI MUNICIPAL CODE
TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE —
BY REPEALING CHAPTER 9.30, "MEDICAL MARIJUANA
DISPENSARIES" IN ITS ENTIRETY, AND ENACTING
CHAPTER 9.30, "MEDICAL MARIJUANA"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 9 — Public Peace, Morals, and Welfare — is
hereby amended by repealing Chapter 9.30, "Medical Marijuana Dispensaries" in its
entirety, and enacting Chapter 9.30, "Medical Marijuana" to read as follows:
CHAPTER 9.30
MEDICAL MARIJUANA
SECTIONS:
9.30.010 Definitions
9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited
9.30.030 Delivery of Medical Marijuana as a Prohibited Use and/or Activity
9.30.040 Processing of Medical Marijuana as a Prohibited Use and/or Activity
9.30.050 Public Nuisance
9.30.060 Civil Penalties
Section 9.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Medical Marijuana" is marijuana authorized in strict compliance with Health and
Safety Code Section 11362.5, et seq.
B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where medical marijuana is cultivated or by any means made available to,
distributed by, or distributed to two (2) or more of the following: a qualified patient, a
person with an identification card, or a primary caregiver in strict accordance with Health
and Safety Code Sections 11362.5, et seq., and 11362.7, et seq.
A medical marijuana dispensary shall not include the following uses, so long as such
uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other
applicable law:
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2
of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
C. "Marijuana Delivery" or "Delivery" means the commercial delivery, transfer or
transport, or arranging for the delivery, transfer or transport, or the use of any technology
platform to arrange for or facilitate the commercial delivery, transfer or transport of
medical marijuana, marijuana edibles, and/or any marijuana products to or from any
location within the jurisdictional limits of the City of Lodi, and any and all associated
business and/or operational activities.
D. "Marijuana Processing" or "Processing" means any method used to prepare
medical marijuana, marijuana edibles and/or marijuana byproducts for commercial retail
and/or wholesale sales, including, but not limited to: cleaning, curing, preparation,
laboratory testing, manufacturing, packaging, and extraction of active ingredients to
create marijuana related products and concentrates.
E. "Person with an identification card" shall have the meaning as set forth in Health
and Safety Code Section 11362.7, and as may be amended.
F. "Primary caregiver" shall have the meaning as set forth in Health and Safety
Code Section 11362.7, and as may be amended.
G. "Qualified patient" shall have the meaning as set forth in Health and Safety Code
Section 11362.7, and as may be amended.
Section 9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited.
No person shall establish, operate, or permit the establishment or operation of a medical
marijuana dispensary in or upon any premises in the City of Lodi.
Section 9.30.030 Delivery of Marijuana as a Prohibited Use and/or Activity.
Marijuana Delivery by any person or entity, including, but not limited to, clinics,
collectives, cooperatives and dispensaries, is prohibited in the City. No permit, license,
use permit or variance, whether conditional or otherwise, shall be issued for the
establishment of such activity. Any Delivery that takes place in violation of any provision
of this Chapter is unlawful, and is hereby declared a public nuisance. Nothing in this
Chapter is intended to, nor shall it be construed to, make legal any Delivery activity that
is otherwise prohibited under California law.
Section 9.30.040 Processing of Marijuana as a Prohibited Use and/or Activity.
Marijuana Processing by any person or entity, including, but not limited to, clinics,
2
collectives, cooperatives and dispensaries, is prohibited in all zones within the City's
jurisdictional limits. No permit, license, use permit or variance, whether conditional or
otherwise, shall be issued for the establishment of such activity. Any Processing that
takes place in violation of any provision of this Chapter is unlawful, and is hereby
declared a public nuisance. Nothing in this Chapter is intended to, nor shall it be
construed to, make legal any Processing activity that is otherwise prohibited under
California law.
Section 9.30.050 Public Nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this
Chapter 9.30 shall be; and hereby is declared to be a public nuisance and may be
summarily abated by the City pursuant to Code of Civil Procedure Section 731.
Section 9.30.060 Civil Penalties.
In addition to any other enforcement permitted by this Chapter 9.30, the City Attorney
may bring a civil action for injunctive relief and civil penalties pursuant to Chapter 1.10 of
this code against any person or entity that violates this Chapter 9.30. In any civil action
brought pursuant to this Chapter 9.30, a court of competent jurisdiction may award
reasonable attorneys fees and costs to the prevailing party.
SECTION 2. This ordinance is not intended to and shall not be construed or given
effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by
law.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect 30 days from and after its passage and approval.
Attest:
JENNIFER M. FERRAIOLO
City Clerk
�3
Approved this _ day of , 2016.
MARK CHANDLER
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1919 was introduced at a regular meeting of the City Council of the City
of Lodi held January 6, 2016, and was thereafter passed, adopted, and ordered to print
at a regular meeting of said Council held , 2016, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 1919 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form:
M
JANICE D. MAGDICH
City Attorney
4
JENNIFER M. FERRAIOLO
City Clerk
The foregoing document is certified to be a coned
copy of the original on file in the City Clerks Me.
Pamela M. Farris
Deputy City Cleric, City of Lad
!'11 11 _r �1
1111ijill IIIr
Please immediately confirm receipt
of this. fay by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NO. 1919
PUBLISH DATE: SATURDAY, JANUARY 23, 2016
TEAR SHEETS WANTED: One [1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, JANUARY 21, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OFADVERt MA&A.: THANK -YOU!!
Emailed to the Sentinel at dianer@lodinews.com at;__..(Oiniyon("te) tpages).
LNS Phoned.ta.:Ciililiim rii� .. ai'all:pages'at'.. f€tfl$] PMF : _ S 11FTPOW
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1919
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9
— PUBLIC PEACE, MORALS AND WELFARE — BY REPEALING CHAPTER 9.30, "MEDICAL
MARIJUANA DISPENSARIES," IN ITS ENTIRETY, AND ENACTING CHAPTER 9.30,
"MEDICAL MARIJUANA," TO PROHIBIT THE DELIVERY AND PROCESSING OF MEDICAL
MARIJUANA WITHIN THE CITY, AS WELL AS THE CONTINUED PROHIBITION OF
MEDICAL MARIJUANA DISPENSARIES. The purpose of this ordinance is to amend the City's
current regulation to include the prohibition of the delivery, transfer or transport, or arranging for
the delivery, transfer or transport of medical marijuana, marijuana edibles and/or marijuana
byproducts to or from any location within the jurisdictional limits of the City. Introduced
January 6, 2016. Adopted January 20, 2016, and effective February 19, 2016. AYES: Johnson,
Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Mounce.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
January 20, 2016
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
c
DECLARATION OF POSTING
ORDINANCE NO. 1919
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — BY REPEALING
CHAPTER 9.30, "MEDICAL MARIJUANA DISPENSARIES," IN ITS ENTIRETY, AND
ENACTING CHAPTER 9.30, "MEDICAL MARIJUANA," TO PROHIBIT THE
DELIVERY AND PROCESSING OF MEDICAL MARIJUANA WITHIN THE CITY, AS
WELL AS THE CONTINUED PROHIBITION OF MEDICAL MARIJUANA
DISPENSARIES
On Thursday, January 21, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1919 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 21, 2016, at Lodi, California.
P
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
ORDINANCE NO. 1919
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING LODI MUNICIPAL CODE
TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE —
BY REPEALING CHAPTER 9.30, "MEDICAL MARIJUANA
DISPENSARIES" IN ITS ENTIRETY, AND ENACTING
CHAPTER 9.30, "MEDICAL MARIJUANA"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 9 — Public Peace, Morals, and Welfare — is
hereby amended by repealing Chapter 9.30, "Medical Marijuana Dispensaries" in its
entirety, and enacting Chapter 9.30, "Medical Marijuana" to read as follows:
CHAPTER 9.30
MEDICAL MARIJUANA
SECTIONS:
r ^�
9.30.010 Definitions
9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited
9.30.030 Delivery of Medical Marijuana as a Prohibited Use and/or Activity
9.30.040 Processing of Medical Marijuana as a Prohibited Use and/or Activity
9.30.050 Public Nuisance
9.30.060 Civil Penalties
Section 9.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Medical Marijuana" is marijuana authorized in strict compliance with Health and
Safety Code Section 11362.5, et seq.
B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where medical marijuana is cultivated or by any means made available to,
distributed by, or distributed to two (2) or more of the following: a qualified patient, a
person with an identification card, or a primary caregiver in strict accordance with Health
and Safety Code Sections 11362.5, et seq., and 11362.7, et seq.
A medical marijuana dispensary shall not include the following uses, so long as such
uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other
applicable law:
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2
of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
C. "Marijuana Delivery" or "Delivery" means the commercial delivery, transfer or
transport, or arranging for the delivery, transfer or transport, or the use of any technology
platform to arrange for or facilitate the commercial delivery, transfer or transport of
medical marijuana, marijuana edibles, and/or any marijuana products to or from any
location within the jurisdictional limits of the City of Lodi, and any and all associated
business and/or operational activities.
D. "Marijuana Processing" or "Processing" means any method used to prepare
medical marijuana, marijuana edibles and/or marijuana byproducts for commercial retail
and/or wholesale sales, including, but not limited to: cleaning, curing, preparation,
laboratory testing, manufacturing, packaging, and extraction of active ingredients to
create marijuana related products and concentrates.
E. "Person with an identification card" shall have the meaning as set forth in Health
and Safety Code Section 11362.7, and as may be amended.
F. "Primary caregiver" shall have the meaning as set forth in Health and Safety
Code Section 11362.7, and as may be amended.
G. "Qualified patient" shall have the meaning as set forth in Health and Safety Code
Section 11362.7, and as may be amended.
Section 9.30.020 Establishment and Operation of Medical Marijuana Dispensaries
Prohibited.
No person shall establish, operate, or permit the establishment or operation of a medical
marijuana dispensary in or upon any premises in the City of Lodi.
Section 9.30.030 Delivery of Marijuana as a Prohibited Use and/or Activity.
Marijuana Delivery by any person or entity, including, but not limited to, clinics,
collectives, cooperatives and dispensaries, is prohibited in the City. No permit, license,
use permit or variance, whether conditional or otherwise, shall be issued for the
establishment of such activity. Any Delivery that takes place in violation of any provision
of this Chapter is unlawful, and is hereby declared a public nuisance. Nothing in this
Chapter is intended to, nor shall it be construed to, make legal any Delivery activity that
is otherwise prohibited under California law.
Section 9.30.040 Processing of Marijuana as a Prohibited Use and/or Activity.
Marijuana Processing by any person or entity, including, but not limited to, clinics,
collectives, cooperatives and dispensaries, is prohibited in all zones within the City's
jurisdictional limits. No permit, license, use permit or variance, whether conditional or
otherwise, shall be issued for the establishment of such activity. Any Processing that
takes place in violation of any provision of this Chapter is unlawful, and is hereby
declared a public nuisance. Nothing in this Chapter is intended to, nor shall it be
construed to, make legal any Processing activity that is otherwise prohibited under
California law.
Section 9.30.050 Public Nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this
Chapter 9.30 shall be; and hereby is declared to be a public nuisance and may be
summarily abated by the City pursuant to Code of Civil Procedure Section 731.
Section 9.30.060 Civil Penalties.
In addition to any other enforcement permitted by this Chapter 9.30, the City Attorney
may bring a civil action for injunctive relief and civil penalties pursuant to Chapter 1.10 of
this code against any person or entity that violates this Chapter 9.30. In any civil action
brought pursuant to this Chapter 9.30, a court of competent jurisdiction may award
reasonable attorneys fees and costs to the prevailing party.
SECTION 2. This ordinance is not intended to and shall not be construed or given
effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by
law.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect 30 days from and after its passage and approval.
Attest:
JENNIFER M. FERRAIOLO
City Clerk
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Approved this 20th day of January, 2016,
MARK CHANDLER
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1919 was introduced at a regular meeting of the City Council of the City
of Lodi held January 6, 2016, and was thereafter passed, adopted, and ordered to print
at a regular meeting of said Council held January 20, 2016, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1919 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form:
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JANICE D. MAGDICH
City Attorney
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JENNIFER M. FERRAIOLO
City Clerk