HomeMy WebLinkAboutAgenda Report - January 20, 2010 J-05 PHAGENDA ITEM :r4045
&% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Set Public Hearing for February 3, 2010 to Extend Interim Ordinance No. 1823, an
Uncodified Interim Urgency Ordinance Imposing a Temporary Moratorium on the
Establishmentor Operation of Medical Marijuana Dispensaries in the City of Lodi.
MEETING DATE: January 20,2010
PREPARED BY: Deputy City Attorney
RECOMMENDED ACTION: Set public hearing for February 3, 2010 to extend Interim Ordinance
No. 1823, an Uncodified Interim Urgency Ordinance Imposing a
Temporary Moratorium on the Establishment or Operation of
Medical Marijuana Dispensaries in the City of Lodi.
BACKGROUND INFORMATION: On May 20, 2009, the Council adopted Interim Ordinance No. 1823
extending the moratorium on the establishment or operation of
medical marijuana dispensaries within the City. The ordinance was
adopted in response to inquires from members of the public about opening medical marijuana
dispensaries in the City. The City's Municipal Code does not address the issue. Given undecided
questions over the conflict between California and Federal marijuana laws, such dispensaries may or
may not be a prohibited use within the City of Lodi.
The existing moratorium is set to expire on April 14, 2010, unless further action is taken by Council.
Currently there are several cases pending before the courts in California concerning the regulation of
medicinal marijuana dispensaries. Of particular interest is the matter of the Qualified Patients Assoc. v.
City of Anaheim. Staff anticipates that the Court of Appeal, 4th Appellate District, will rule on the Anaheim
case within the next few months and believes the decision may affect the ability of cities to regulate the
establishment of medical marijuana dispensaries within their jurisdictions. As a consequence of the
continued uncertainty of the law concerning the regulation of dispensaries, staff recommends holding a
public hearing to consider extending the existing temporary moratorium for a period of one year, through
April 13, 2011. The continuation of the moratorium will allow staff to take the court decisions into
consideration in analyzing of how bestto regulate dispensaries within the City.
Government Code Section 65858 provides that the Council, may, after notice to the public pursuant to
Government Code Section 65090 and a public hearing, extend Interim Ordinance No. 1823 for a period
of one-year. The extension requires a minimum four-fifths vote to be adopted.
Should Council choose not to set a public hearing to extend the moratorium, staff requests that the
Council provide direction to staff to proceed with the drafting of an ordinance to be added to the City's
Municipal Code that: 1) regulates the establishment and operation of medical marijuana dispensaries
within the City (an example of a time, place and manner ordinance from the Municipal Code of the City of
Atascadero is attached), or 2) prohibits the establishment of dispensaries, whichever is the desire of the
Council.
APPROVED: I"a
Blair K' Manager
Staff contacted members of the Lodi medical community on the issue of whether local doctors are writing
recommendations for the medicinal use of marijuana under California Health and Safety Code Sections
11362.5, et. seq. (e.g., Proposition 215). One general practitioner does not recommend marijuana for
medicinal use to his patients and it is his opinion that no respectable physician in the City would write
recommendations either. The other doctor, who also does not write recommendations for marijuana to
his patients, suggested that its only legitimate use, based on the research that he is aware of, is for pain
management and cancer patients. Staff is not aware of any Lodi physicians specializing in pain
management; however, we did contact a local oncology practice and were advised that their doctors do
not write recommendations for the medicinal use of marijuana and that they are unaware of any doctors
in the City who write recommendations for marijuana.
As proposed, the recommended extension of Interim Ordinance No. 1823 would extend the current
moratorium on the issuance of use permits, variances, building permits, business licenses, or any other
entitlement for the establishment or operation of medical marijuana dispensaries within the City to April
13, 2011. As previously noted, without the proposed extension, Interim Ordinance 1823 will be of no
further force and effect after April 14, 2010.
FUNDING: None.
'ce . Magdich
Deputy 'ty Attorney
cc: Rad Bartlam, Community Development Director
David Main, Police Chief
Attachments: Uncodified Interim Ordinance No. 1823
City of Atascadero, Municipal Code Chapter 13 (Medical Marijuana Dispensaries)
J:/CA/CITY/CouCom/Ordinances/MedicalMarijuana/SetPHMedicalMarijuanaDispensaries2.doc
ORDINANCENO. 1823
AN UNCODIFIED INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LODI EXTENDING ORDINANCE
NO. 1822 IMPOSINGA TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OR OPERATION OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF LODI
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, which was codified as Health and Safety Code Section 11362.5, et seq. and
entitledthe Compassionate UseAct of 1996("the Act'); and
WHEREAS, the intent d Proposition215vvas to enable personswho are in need
of marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
WHEREAS, on January 1, 2004, Senate Bill 420 became effective to clarify the
scope of the Act and to allow cities and counties to adopt and enforce rules and
regulations consistentwith SB 420 and the Act; and
WHEREAS, under the U.S. Controlled SubstancesAct, marijuana is classified as
a Schedule 1 drug, meaning it has no accepted medical use; and
WHEREAS, the City of Lodi (the "City") has received inquiriesfrom members of
the public as to the permitting process and zoning regulations for operating medical
marijuana dispensarieswithin the City; and
WHEREAS, medical marijuana dispensaries raise issues of first impression for
the City, which currently does not address or regulate in any mannerthe existence or
location of medical marijuana dispensaries in its Municipal Code; and
WHEREAS, based on recent trends, the City believes that it may receive a
growing number of inquiries for such businesses, including an application in the
immediatefuture; and
WHEREAS, other California cities that have permitted the establishment of
medical marijuana dispensaries have witnessed an increase in crime, such as
burglaries, robberies, and the sale of illegal drugs in the areas immediately surrounding
such dispensaries; and
WHEREAS, the City must study and analyze concerns about the potential
negative impacts on the public health, safety, and welfare arising from medical
marijuana dispensaries, including, but not limited to, criminal incidents, loitering,
disturbing the peace, and propertydamage; and
WHEREAS, the City must study the scope of the City's police power and draft
the necessary municipalcode provisions; and
WHEREAS, if medical marijuana dispensaries were allowed to be established in
the City without appropriate regulation, such uses might be established in areas that
would conflict with the General Plan currently under consideration by the Planning
Commission and the City Council, be inconsistent with surrounding uses, or be
detrimental to the public health, safety, and welfare; and if such uses were allowed to
proceed as allowed under the current zoning, such uses could conflict with, and defeat
the purpose of, the proposal to study and adopt new regulations regarding medical
marijuana dispensaries; and
WHEREAS, the issuing of permits, business licenses, or other applicable
entitlements providing for the establishment and/or operation of medical marijuana
dispensaries, prior to the completion of the City's study of the potential impact of such
facilities, poses a currentand immediatethreat to the public health, safety, and welfare,
and that a temporary moratorium on the issuance of such permits, licenses, and
entitlements is thus necessary;and
WHEREAS, this Ordinance is not subject to the California EnvironmentalQuality
Act (CEQA) pursuantto Section 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and Section
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; it
prevents changes in the environment pending the completion of the contemplated
General Plan adoption and zoning ordinance review; and
WHEREAS, California Government Code §65858 authorizes cities to adopt
moratoriums on land use entitlements in order to study any uses that may be in conflict
with a contemplated general plan, specific plan, or zoning proposal; and
WHEREAS, for the protection of the public's health, safety, and general welfare,
the City Council on April 15, 2009, adopted Ordinance No. 1822 entitled an Uncodified
Urgency Interim Ordinance of the City Council of the City of Lodi making findings and
imposing a forty-five (45) day moratorium on the establishmentor operation of medical
marijuana dispensaries in the City of Lodi; and
WHEREAS, the City Council desires to extend Ordinance No. 1822for a period
of ten (10) months and fifteen (15) days, as permitted by Government Code Section
65858, to maintain the current status quo and to provide time for the City to study
applicable law, a permit or licensing procedure, the appropriate zoning districts for such
uses, and adopt regulatorystandards and conditionsto be imposedon such operations.
'NOW, THEREFORE, BE ITORDAINED BYTHELODI CITY COUNCILAS
FOLLOWS:
Section 1. The City Council finds that in accordancewith the terms and provisionsof
Section 65858 of the Government Code, and following notice given in the time and
manner required by law, it held a public hearingon the extension of Ordinance No. 1822
on May 20, 2009. After hearing all applicable evidence, the City Council finds that the
conditions and findings cited in Ordinance 1822 continue to exist and that further study
by City staff is necessary in order to study applicable law, a permit or licensing
procedure, the appropriate zoning districts for such uses, and to adopt regulatory
standards and conditions to be imposed on such operations.
2
Section 2. Imposition of Moratorium.
A. In accordancewith GovernmentCode Section 65858, from and after the
date of the expiration of Ordinance No. 1822, no use permit, variance, building permit,
business license, or other applicable entitlementfor use shall be approved or issuedfor
the establishmentor operation of a medical marijuana dispensary for a period of ten (10)
months and fifteen (15) days.
S. For purposes of this Ordinance, "medical marijuana dispensary" shall
mean any facility or location where a primary caregiver intends to or does make
available, sell, transmit, give, or otherwise provide medical marijuanato two or more of
the following: a qualified patient, a person with an identification card, or a primary
caregiver. For purposes of this ordinance, the terms "primary caregiver," "qualified
patient," and "identification card" shall havethe same meaning as that set forth in Health
and Safety Code Section 11362.7, et seq.
C. For purposes of this Ordinance, a medical marijuanadispensaryshall not
includethe following uses, as long as the location cf such uses is otherwise regulated by
applicable law and as long as such use complies strictly with applicable law, including,
but not limitedto, Healthand Safety Code Section 11362.7, et seq.: (1) a clinic, licensed
pursuant to Chapter 1, Division 2 of the Health and Safety Code (commencing with
51200); (2) a health care facility, licensed pursuantto Chapter 2 of Division 2 of the
Health and Safety Code (commencing with 51250); (3) a residential care facility for
persons with chronic life-threatening illness, licensed pursuant to Chapter 3.01 of
Division of the Health and Safety Code (commencing with §1568.01); (4) a residential
care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health
and Safety Code (commencing with §1569); or (5) a hospice or home health agency
licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code
(commencingwith §1725), the owner or operator, or no more than three employees who
are designated by the owner or operator, of the clinic, facility, hospice, or home health
agency, if designated as a primary caregiver by that qualified patient or person with an
identification card.
D. This Ordinance is an urgency ordinance adopted pursuantto the authority
granted to the City of Lodi by GovernmentCode Section 65858 and is for the immediate
preservation of the public health, safety, and welfare. The City Council of the City of
Lodi hereby finds and declares that there is a need to enact an urgency ordinance
establishing a moratoriumon medical marijuana dispensaries, based upon the following
findings:
(1) California cities that have permitted the establishmentof medical
marijuana dispensaries have found that such dispensaries have
resulted in negative and harmful secondary effects, such as an
increase in crime, including robberies, burglaries, and sales of
illegal drugs in the areas immediately surrounding medical
marijuana dispensaries. This potentialfor increased risk of crime
and violence presentsa clear and immediatedanger to the public
health, safety and welfare of the residentsof the City of Lodi; and
(2) The City has recently received inquiries from members of the
public as to the permitting process and zoning regulations for
operating medical marijuana dispensarieswithin the City; and
(3) The City does not currently have standards in its Municipal Code
relating to the location, operation, and concentration of medical
marijuanadispensarieswithin the City; and
(4) If medical marij uanad ispensaries were allowed to be established
without appropriate review of location and operational criteria and
standards, such uses might be established in areas that would
conflictwith the General Plan under consideration by the Planning
Commission and the City Council, be inconsistent with
surrounding uses, or could have potential adverse secondary
effects on neighborhoods in the City and be detrimental to the
public health, safety, and welfare; and
(5) The failure to extend the existing moratorium may result in
significant irreversible change in the character of the community
and the neighborhood surrounding any marijuana dispensary that
would be allowed to open underthe City's Municipal Code; and
(g) Permitting a marijuana dispensary to open while the City is
studying and considering a new General Plan as well as zoning
regulations to regulate and/or prohibit this use would defeat the
purposeof studyingthese impacts in the first place; and
(7) As a result of the negative and harmful secondary effects
associated with medical marijuana dispensaries and the current
and immediate threat such secondary effects pose to the public
health, safety, and welfare, it is necessaryto extend the existing
moratorium on the establishment and operation of medical
marijuana dispensaries in the Cityfor a period of ten (10) months
and fifteen (15) days from and after the date of the expiration of
Ordinance No. 1822,to allowfor the completion of the City's study
of the potential impacts of medical marijuana dispensaries and
possible amendments to the City's Municipal Code.
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phraseof this Ordinanceor any partthereof is for any reason held to
be unconstitutionalor invalid or ineffective by any court of competentjurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinanceor any part thereof. The City Council of the City of Lodi hereby declares that
itwould have passedeach section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespectiveof the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutionalor
invalid or ineffective.
Section 4. No Mandatory Duty of Care. This Ordinance is not intended to and shall
not be construed or given effect in a mannerwhich imposes upon the City, or any officer
or employee thereof, a mandatoryduty of care towards persons or property within the
City or outside of the City so as to provide basis of civil liabilityfor damages, except as
otherwise imposed by law.
4
Section 6. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofaras such conflict mayexist.
Section 7. Effective Date. This urgency Ordinance shall be published one time in
the "Lodi News Sentinel," a daily newspaperof general circulation printed and published
in the City of Lodi, and shall be in force and take effect immediately upon its passage
and approval by at least four-fifths vote of the City Council the expiration of Ordinance
No. 1822 (May 30, 2009), and shall be in effect for a period of ten (10) months and
fifteen (15) days (April 14, 2010), unless repealed or extended by further action of the
City Council as provided by GovernmentCode Section 65858
App ved this 201" day of May, 2009
LARRY D. NSEN
Mayor
ATTEST:
JORNIFER W. PERRIN
Assistant City Clerk
State of California
County of San Joaquin, ss,
I, Jennifer M. Perrin, Assistant City Clerk of the City of Lodi, do hereby certifythat
Ordinance No. 1823 was adopted as an urgency ordinance at a regular meeting of the
City Council of the City of Lodi held May 20, 2009, and was thereafter passed, adopted,
and ordered to print by the following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian,Mounce,
and Mayor Hansen
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
Ifurther certifythat Ordinance No. 1823was approvedand signed by the Mayor
on the date of its passage and the same has been published pursuantto law.
------.
NIFE . PERRIN
Assistant City Clerk
proved to Form:
JANICE MAGDICH
ity Attorney
Chapter 13 MEDICAL MARIJUANA DISPENSARIES Page 1 of 13
Atascadero Municipal Code
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Title 5 PUBLIC WELFARE
Chapter 13 MEDICAL MARIJUANA DISPENSARIES
5-13.101 Purpose and intent.
It is the purpose and intent of this chapter to regulate medical marijuana dispensaries in order to promote the
health, safety, morals, and general welfare of the residents and businesses within the City. It is neither the intent
nor effect of this chapter to condone or legitimize the use of marijuana. (Ord. 494 § 1(part), 2006)
5-13.102 Definitions.
For the purpose of this chapter, the words and phrases shall have the same meanings respectively ascribed
to them by this section:
(a) "Applicant" means a person who is required to file an application for a permit under this chapter,
including an individual owner, managing partner, officer of a corporation, or any other operator, manager,
employee, or agent of a medical marijuana dispensary.
(b) "Church" means a structure or leased portion of a structure which is used primarily for religious
worship and related religious activities.
(c) "City" means the City of Atascadero.
(d) "City Manager" means the City Manager of the City of Atascadero or the authorized representative
thereof.
(e) "Director of Community Development" means the Director of Community Development of the City of
Atascadero or the authorized representative thereof.
(f) "Drug paraphernalia" shall have the same definition as California Health and Safety Code Section
113 62.5, and as may be amended.
(g) "Fire Chief' means Fire Chief of the City of Atascadero or the authorized representative thereof.
(h) "Identification card" shall have the same definition as California Health and Safety Code Section
11362.5 et seq., and as may be amended.
(i) "Medical marijuana dispensary" or "dispensary" means any facility or location where medical
marijuana is made available to and/or distributed by or to two (2) or more of the following: a primary caregiver,
a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety
Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as
the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to
Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code, 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, a residential care facility
for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential
hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as
long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code
Section 11362.5 et seq.
U) "Permittee" means the person to whom a medical marijuana dispensary permit is issued.
(k) "Person" means any individual, partnership, co -partnership, finkassociation, joint stock company,
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Chapter 13 MEDICAL MARIJUANA DISPENSARIES Page 2 of 13
corporation, limited liability company or combination of the above in whatever form or character.
(1) "Person with an identification card" shall have the same definition as California Health and Safety
Code Section 11362.5 et seq., and as may be amended.
(m) "Police Chief' means the Police Chief of the City of Atascadero or the authorized representatives
thereof
(n) "Primary caregiver" shall have the same definition as California Health and Safety Code Section
11362.5 et seq., and as may be amended.
(o) "Qualified patient" shall have the same definition as California Health and Safety Code Section
11362.5 et seq., and as may be amended.
(p) "School" means an institution of learning for minors, whether public or private, offering a regular
course of instruction required by the California Education Code, or any child or day care facility. This definition
includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or
any special institution of education. (Ord. 494 § 1(part), 2006)
5-13.103 Permit required. _
It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in,
conducted or carried on, in or upon any premises in the City of Atascadero, the operation of a medical marijuana
dispensary unless the person first obtains and continues to maintain in full force and effect a conditional use
permit for a medical marijuana dispensary from the City of Atascadero as herein required. The Planning
Commission shall consider all conditional use permits for medical marijuana dispensaries. The Planning
Commission shall consider and review all applications for a conditional use permit for a medical marijuana
dispensary and approve in accordance with this chapter or deny. All appeals shall be in accordance with Section
9-1.111 of the Atascadero Municipal Code. (Ord. 494 § 1 (part), 2006)
5-13.104 General tax liability.
An operator of a dispensary shall also be required to apply for and obtain a general City tax certificate or
exemption as a prerequisite to obtaining a permit pursuant to the terms hereof, as required by the State Board of
Equalization. (Ord. 494 § 1(part), 2006)
i13..]A5 Imposition of fees_ — - --
Every application for a permit or renewal shall be accompanied by a nonrefundable fee, as established by
resolution of the City Council from time to time. This application or renewal fee shall not include fingerprinting,
photographing, and background check costs and shall be in addition to any other business license fee or permit
fee imposed by this Code or other governmental agencies. Fingerprinting, photographing, and background check
fees will be as established by resolution adopted by the City Council from time to time. (Ord. 494 § 1(part),
2006)
5-13.106 Limitations on number of dispensaries.
The City shall not grant or cause to be granted more than one permit for a dispensary. (Ord. 494 § 1(part),
2006)
5-13.107 Limitation on location of
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Chapter 13 MEDICAL MARIJUANA DISPENSARIES
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(a) Except as specified in subsection (b) of this section, no medical marijuana dispensary shall be
established or located in any zone in the City.
(b) A medical marijuana dispensary is restricted to the CS (Commercial Services) Zone, provided the
subject site is one thousand (1,000) feet from the property line of a school, church, park and two hundred fifty
(250) feet from the property line of a residential zone.
(c) A dispensary shall be in a highly visible location that provides good views of the dispensary entrance,
windows and premises from the public street.
(d) The distance between a dispensary and the above -listed uses shall be made in a straight line from the
boundary line of the property on which the dispensary is located to the boundary of the property on which the
building or structure, or portion of the building or structure, in which the above -listed use occurs or is located.
(e) A waiver of the provisions in subsection (b) of this section may be granted if the applicant
demonstrates on plans and materials presented for review and the Planning Commission determines that a
physical barrier or similar condition exists which achieves the same purpose and intent as the distance separation
requirements established herein. (Ord. 494 § 1(part), 2006)
5-13.108 Operating requirements:_
Dispensary operations shall be established and managed only in compliance with the following standards:
(a) Criminal History. Any applicant, his or her agent or employees, or any person exercising managerial
authority of a dispensary on behalf of the applicant shall not have been convicted of a felony, or of a
misdemeanor involving moral turpitude, or engaged in misconduct related to the qualifications, functions or
duties of a permittee. A conviction within the meaning of this section means a plea or verdict of guilty or a
conviction following a plea of nolo contendere.
(b) Minors.
(1) It shall be unlawful for any permittee, operator, or other person in charge of any dispensary to employ
any person who is not at least eighteen (18) years of age.
(2) Persons under the age of eighteen (18) shall not be allowed on the premises of a dispensary unless they
are a qualified patient or a primary caregiver and they are in the presence of their parent or guardian.
(3) The entrance to a dispensary shall be clearly and legibly posted with a notice indicating that person
under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient or a
primary caregiver and they are in the presence of their parent or guardian.
(c) Operating Hours. A dispensary shall only be operated during the following days and hours: Monday
through Sunday, 8 a.m. to 5 p.m.
(d) Dispensary Size and Access.
(1) The dispensary size shall be restricted to serve a maximum of two hundred fifty (250) patients per
month. Dispensary size shall be limited, as deemed appropriate and necessary, to best serve patient needs within
the intent of this chapter and reduce potential adverse impacts that might otherwise occur on surrounding
neighborhoods, businesses and demands on City services.
(2) A dispensary shall not be increased in size (i.e., floor area or number of patients) without a prior
approval amending the existing dispensary permit.
(3) The entrance into the dispensary building shall be locked at all times with entry strictly controlled;
e.g., a "buzz -in" electronic/mechanical entry system is highly encouraged. A viewer shall be installed in the door
that allows maximum angle of view of the exterior entrance.
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(4) Qualified security personnel shall be employed during all hours of operation to monitor site activity,
control loitering and site access.
(5) Only dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for
visiting the site shall be permitted at a dispensary.
(6) Potential patients or caregivers shall not visit a dispensary without first having obtained a valid written
recommendation from their physician recommending use of medical cannabis.
(7) Only a primary caregiver and qualified patient shall be permitted in the designated dispensing area
with dispensary personnel. All other authorized visitors shall remain in the designated waiting area in the front
entrance/lobby. .
(8) Restrooms shall remain locked and under the control of management.
(e) Dispensary Supply. A dispensary may possess no more than eight (8) ounces of dried cannabis per
qualified patient or primary caregiver, and maintain no more than six (6) mature or twelve (12) immature
cannabis plants per qualified patient or primary caregiver. However, if a qualified patient or primary caregiver
has a physician's recommendation that this quantity does not meet the qualified patient's medical needs, the
dispensary may possess an amount of cannabis consistent with the patient's needs.
(f) Dispensing Operations.
(1) A dispensary shall dispense medical cannabis to meet monthly medication needs of qualified patients,
similar to typical pharmacy operations. The dispensary shall strongly discourage and avoid daily or weekly visits
by patients as a routine practice.
(2) A dispensary shall only dispense to qualified patients or caregivers with a currently valid physician's
approval or recommendation in compliance with the criteria in California Health and Safety Code Sections
11362.5 et seq.
(3) Prior to dispensing medical cannabis, the dispensary shall obtain verbal and signed verification from
the recommending physician that the individual requesting medical cannabis is a qualified patient.
(4) A dispensary shall not have a physician on-site to evaluate patients and provide a recommendation for
medical cannabis.
(5) Patient records shall be maintained on-site and verified as needed, and at least every six (6) months
with the qualifying patient's physician or Doctor of Osteopathy.
(6) Information on prior years of operations shall be provided annually, as required in this chapter. The
operator shall adjust the operations as necessary to address issues.
(g) Consumption Restrictions.
(1) Cannabis shall not be consumed on the premises of the dispensary. The term "premises" includes the
actual building, as well as any accessory structures, parking areas, or other surroundings within five hundred
(500) feet of the dispensary's entrance.
(2) Dispensary operations shall not result in illegal redistribution of medical cannabis obtained from the
dispensary, or use in any manner that violates local, State or City Codes.
(3) Patients shall not medicate in public places.
(h) Retail Sales and Cultivation Prohibited.
(1) No cannabis shall be cultivated on the premises of the dispensary.
(2) No dispensary shall conduct or engage in the commercial sale of any product, good or service. The
term "commercial sale" does not include the provision of medical cannabis on terms and conditions consistent
with this chapter and applicable law.
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(3) No dispensary shall sell or display any drug paraphernalia or any implement that may be used to
administer medical cannabis.
(4) A dispensary shall not cultivate, distribute or sell medical cannabis for a profit.
(5) A dispensary shall not pay any supplier(s) of medical cannabis more than the costs incurred for
cultivation and preparation.
(6) A dispensary shall meet all the operating criteria for the dispensing of medical cannabis as is required
pursuant to California Health and Safety Code Sections 11362.5 et seq.
(i) Operating Plans.
(1) Floor Plan. A dispensary shall have a lobby "waiting area" at the entrance to receive clients, and a
separate and secure designated area for dispensing medical cannabis to qualified patients or designated
caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar
obstructions so that it is clearly visible from public streets, sidewalks or site driveways.
(2) Storage. A dispensary shall have a suitable locked safe on premises, identified as a part of the security
plan, for after-hours storage of medical cannabis.
(3) Minimum Staffing Levels. The premises shall be staffed with at least one person during hours of
operation who shall not be responsible for dispensing medical cannabis.
(4) Odors Control. A dispensary shall have an air treatment system that ensures off-site odors shall not
result.
(5) Security Plans. A dispensary shall provide adequate security on the premises, as approved by the
Police Chief, including lighting and alarms, to ensure the safety of persons and to protect the premises from
theft.
(6) Security Cameras, Security surveillance cameras shall be installed to monitor the main entrance and
exterior of the premises to discourage loitering, crime, illegal or nuisance activities.
(7) Security Video Retention. Security video shall be maintained for seventy-two (72) hours.
(8) Alarm System. A professionally monitored robbery alarm system shall be installed and maintained in
good working condition. An alarm permit shall be obtained prior to installing an alarm system.
(9) Emergency Contact. A dispensary shall provide the Police Chief with the name, phone number and
facsimile number of an on-site community relations staff person to whom one can provide notice if there are
operating problems associated with the dispensary. The dispensary shall make every good faith effort to
encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls
or complaints are made to the City.
0) Signage and Notices.
(1) The building entrance to a dispensary shall be clearly and legibly posted with a notice indicating that
smoking, ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited.
(2) Signs on the premises shall not obstruct the entrance or windows.
(3) Address identification shall comply with City Code standards.
(4) Business identification signage shall be limited to that needed for identification only, consisting of a
single window sign or wall sign consistent with the Sign Ordinance. Signs shall comply with all ordinances and
not contain any logos or information that identifies, advertises or lists the services offered.
(k) 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.
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(1) Patient Records. A dispensary shall maintain records of all patients and primary caregivers using only
the identification card number issued by the county, or its agent, pursuant to California Health and Safety Code
Section 11362.71 et seq., as a protection of the confidentiality of the cardholders, or a copy of the written
recommendation from a physician or Doctor of Osteopathy stating the need for medical cannabis.
(m) Staff Training. 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, and properly
trained or professionally hired security personnel.
(n) Site Management.
(1) The operator of the establishment shall take all reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the
premises and adjacent properties during business hours if directly related to the patrons of the subject dispensary.
(i) "Reasonable steps" shall include calling the police in a timely manner, and requesting those engaging
in objectionable activities to cease those activities, unless personal safety would be threatened in making the
request.
(ii) "Nuisance" includes but is not limited to disturbances of peace, open public consumption of cannabis
or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of passerby, 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 take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and
areas surrounding the premises and adjacent properties during business hours.
(3) The operator shall ensure that the hours of operation shall not be a detriment to the surrounding area.
(4) The operator shall provide patients with a list of the rules and regulations governing medical cannabis
use and consumption within the City and recommendations on sensible cannabis etiquette.
(o) Trash, Litter, Graffiti.
(1) The operator shall clear the sidewalks adjoining the premises plus ten (10) feet beyond properly lines
along the street as well as any parking lots under the control of the operator as needed to control litter, debris and
trash.
(2) The operator shall remove all graffiti from the premises and parking lots under the control of the
operator within seventy-two (72) hours of its application.
(p) Compliance with Other Requirements. The operator shall comply with all provisions of all local, State
or Federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to
applicable laws, regulations or orders.
(q) Confidentiality. The information provided for purposes of this section shall be maintained by the City
Manager as confidential information, and shall not be disclosed as public records unless pursuant to subpoena
issued by a court of competentjurisdiction.
(r) Display of Permit. Every dispensary shall display at all times during business hours the permit issued
pursuant to the provisions of this chapter for such dispensary in a conspicuous place so that the same may be
readily seen by all persons entering the dispensary.
(s) Reporting and Payment of Fees. Each permittee shall file a sworn statement with the City Manager
indicating the number of patients served by the dispensary within the previous calendar year, and pay all annual
permit fees. (Ord. 494 § 1(part), 2006)
5-1 3.109 Application preparation and filing.
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(a) Application Filing. A complete application submittal packet shall be submitted including all necessary
fees and all other information and materials required by the City and this chapter. All applications for permits
shall be filed with the Community Development Department, using forms provided by the City. It is the
responsibility of the applicant to provide information required for approval of the permit. The application shall
be made under penalty of perjury.
(b) Eligibility for Filing. Applications may only be filed by the owner of the subject property, or person
with a lease signed by the owner or duly authorized agent allowing them to occupy the property for the intended
use.
(c) Filing Date. The filing date of any application shall be the date when the City receives the last
submission of information or materials required in compliance with the submittal requirements specified herein.
(d) Effect of Incomplete Filing. Upon notification that an application submittal is incomplete, the
applicant shall be granted an extension of time to submit all materials required to complete the application within
ninety (90) days. If the application remains incomplete, in excess of ninety (90) days, the application shall be
deemed withdrawn and new application submittal shall be required in order to proceed with the subject request.
The time period for granting or denying a permit shall be stayed during the period in which the applicant is
granted an extension of time.
(e) Effect of Other Permits or Licenses. The fact that an applicant possesses other types of State or City
permits or licenses does not exempt the applicant from the requirement of obtaining a dispensary permit.
(f) Submittal Requirements, Any application for a permit shall include the following information:
(1) Applicant(s) Name. The full name (including any current or prior aliases, or other legal names the
applicant is or has been known by, including maiden names), present address, and telephone number of the
applicant;
(2) Applicant(s) Mailing Address. The address to which notice of action on the application is to be
mailed;
(3) Previous Addresses. Previous addresses for the past five (5) years immediately prior to the present
address of the applicant;
(4) Verification of Age. Written proof that the applicant is over the age of eighteen (18) years;
(5) Physical Description. Applicant's height, weight, color of eyes and hair;
(6) Photographs. Passport quality photographs for identification purposes;
(7) Employment History. All business, occupation, or employment of the applicant for the five (5) years
immediately preceding the date of the application;
(8) Tax History. The dispensary business tax history of the applicant, including whether such person, in
previously operating in this or another city, county or state under license has had a business license revoked or
suspended, the reason therefor, and the business or activity or occupation subsequent to such action of
suspension or revocation;
(9) Management Information. The name or names and addresses of the person or persons having the
management or supervision of the applicant's business;
(10) Criminal Background. A background investigation verifying whether the person or person having the
management or supervision of the applicant's business has been convicted of a crime(s), the nature of such
offense(s), and the sentence(s) received therefor;
(1 1) Employee Information. Number of employees, volunteers, and other persons who will work at the
dispensary;
(12) Statement of Dispensary Need. A statement and/or information to establish the need for the dispensary
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to serve qualified patients in the area;
Page 8 of 13
(13) Plan of Operations. A plan of operations describing how the dispensary will operate consistent with
the intent of State law and the provisions of this chapter, including but not limited to:
(i) Ensuring cannabis is not purchased or sold by the dispensary in a manner that would generate a profit,
(ii) Controls that will assure medical cannabis will be dispensed to qualifying patients or caregivers only,
(iii) Controls that will ensure limitations on numbers of patients is adhered to,
(iv) Controls that will ensure access to dispensary premises is adequately monitored and restricted to pre -
approved qualified patients and caregivers,
(v) Method for ensuring that a qualified patient's physician is not recommending cannabis for less than
medically appropriate reasons;
(14) Written Project Description. A written description summarizing the proposed dispensary use size,
number of patients, characteristics and intent;
(15) Written Response to Dispensary Standards. The applicant shall provide a comprehensive written
response identifying how the dispensary plan complies with each of the standards for review in this chapter,
specifically the "Limitation on Number and Size, Limitation on Location, and Operating Requirements" sections;
(16) Security Plan. A detailed security plan outlining the proposed security arrangements for ensuring the
safety of persons and to protect the premises from theft. The plan shall include installation of security cameras, a
robbery alarm system monitored by a licensed operator, and a security assessment of the site conducted by a
qualified professional;
(17) Floor Plan. A sketch or diagram showing the interior configuration of the premises, including a
statement of the total floor area occupied by the dispensary. The sketch or diagram need not be professionally
prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six (6) inches;
(18) Site Plan. A sketch or diagram showing exterior configuration of the premises, and contiguous
properties including the outline of all structures, parking and landscape areas, and property boundaries. The
sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with
marked dimensions to an accuracy of plus or minus six (6) inches;
(19) Lighting Plan. A lighting plan showing existing and proposed exterior premises and interior lighting
levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all
City standards regarding lighting design and installation;
(20) City Authorization. Written authorization for the City, its agents and employees to seek verification of
the information contained within the application;
(2 1) Statement of Owner's Consent. A statement in writing by the applicant that he or she certifies under
penalty of perjury that the applicant has the consent of the property owner and landlord to operate a dispensary at
the location;
(22) Applicant's Certification. A statement in writing by the applicant that he or she certifies under penalty
of perjury that all the information contained in the application is true and correct;
(23) Other Information. Such other identification and information as deemed necessary by the Director of
Community Development and/or Police Chief to demonstrate compliance with this chapter and City Codes,
including operating requirements established herein. (Ord. 494 § 1(part), 2006)
5-13.110 Investigation and action on application.
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After the making and filing of a complete application for a dispensary permit and payment of the fees, the
Police Chief shall conduct a background check of the applicant and all employees and conduct an investigation
of the application, and take action as follows:
(a) The application shall be referred to any other City departments as necessary to complete the
investigation into the application. At a minimum, this should include the City Manager, Fire Chief, and the
Director of Community Development.
(b) Within forty-five (45) days after completion of his or her investigation, the Police Chief shall either
deny the application in accordance with the provisions of this chapter, deem the application incomplete, or refer
the application for a permit to the Planning Commission.
(c) An applicant aggrieved by the Police Chiefs decision to deny a permit may appeal such decision to
the Planning Commission by filing a written notice stating the grounds on which the appeal is based and paying
applicable appeal fee with the City Clerk within ten (10) working days of the Police Chiefs written notice of
decision. If an appeal is not taken within such time, the Police Chiefs decision shall be final. (Ord. 494 § 1
(part), 2006)
5-13.111 Findings for approval of conditional use permit. _m __
The Planning Commission shall make all of the following findings in determining whether to grant a
dispensary permit; failure to make all of the required findings shall result in the denial of the permit:
(a) That the dispensary permit is consistent with the intent of Proposition 215 and related State law, the
provisions of this chapter and the City Code, including the application submittal and operating requirements
herein;
(b) That the dispensary location is not identified as having significant crime issues (e.g., based upon crime
reporting district/statistics as maintained by the Police Department);
(c) That there have not been significant numbers of calls for police service, crimes or arrests in the area;
(d) That an applicant or employee is not under eighteen (18) years of age;
(e) That all required application materials have been provided in a manner that shows it would comply
with the operating requirements and standards specified in this chapter;
(f) That an appropriate limit on size of the dispensary has been established and the requested permit would
not exceed limitations on number of patients and/or permits allowed by this chapter;
(g) That issuance of a dispensary permit for the size requested is justified to meet needs of residents;
(h) That issuance of the dispensary permit would serve needs of residents at this location;
(i) That the location is not prohibited by the provisions of this chapter or any local or State law, statute,
rule or regulation and no significant nuisance issues or problems are anticipated or resulted;
0) That the site plan, floor plan, and security plan have incorporated features necessary to assist in
reducing potential crime -related problems and as specified in the "Operating Requirements" section. These
features may include, but are not limited to, security on-site; procedure for allowing entry; openness to
surveillance and control of the premises; the perimeter, and surrounding properties; reduction of opportunities
for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and
limiting furnishings and features that encourage loitering and nuisance behavior;
(k) That no dispensary use, owner, permittee, agent, or employee has violated any provision of this
chapter including grounds for suspension, modification or revocation of a permit;
(I) That all reasonable measures have been incorporated into the plan and/or consistently taken to
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successfully control the establishment's patrons' conduct resulting in disturbances, vandalism, crowd control
inside or outside the premises, traffic control problems, ingesting cannabis in public, or creation of a public or
private nuisance, or interference of the operation of another business;
(m) That the dispensary would not adversely affect the health, peace or safety of persons living or working
in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or
contribute to a public nuisance; or that the dispensary has resulted in repeated nuisance activities including
disturbances of the peace, illegal drug activity, ingesting cannabis in public, harassment of passerby, excessive
littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the
morning hours, lewd conduct, or police detentions or arrests;
(n) That any provision of the City Code or condition imposed by a City -issued permit, or any provision of
any other local, State or Federal law, regulation, or order, or any condition imposed by permits issued in
compliance with those laws has not been violated;
(o) That the applicant has not violated any local or State law, statute, rule or regulation respecting the
distribution, possession, or consumption of cannabis;
(p) That the applicant has not knowingly made a false statement of material fact or has knowingly omitted
to state a material fact in the application for a permit;
(q) That the applicant, his or her agent or employees, or any person who is exercising managerial
authority on behalf of the applicant has not been convicted of a felony, or of a misdemeanor involving moral
turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. A
conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of
nolo contendere;
(r) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or
practices;
(s) The applicant, his or her agent or employees, or any person who is exercising managerial authority on
behalf of the applicant has been convicted of a felony, or of a misdemeanor involving moral turpitude, or has
engaged in misconduct related to the qualifications, functions or duties of apermittee. A conviction within the
meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere;
(t) The medical marijuana dispensary does comply with the location standards pursuant to Section 5-
13.108. (Ord. 494 § 1 (part), 2006)
5-13.112 Registrationof newjinployees.
(a) As a further condition of approval of every medical marijuana dispensary permit issued pursuant to
this chapter, every owner or operator shall register every employee with the Police Department within five (5)
business days of the commencement of the employee's period of employment at the medical marijuana
dispensary.
(b) Each employee shall be required to provide a recent color passport -quality photograph and, at the
discretion of the Police Chief, shall allow himself or herself to be fingerprinted by the Police Department for
purposes of identification. In addition, each new employee shall provide the following information on a form
provided by the Police Department:
(1) Name, current resident address, and telephone number;
(2) Date of birth;
(3) Height, weight, color of eyes, and hair.
(c) Information provided for purposes of this section shall be maintained by the Police Department as
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Chapter 13 MEDICAL MARIJUANA DISPENSARIES
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confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a
court of competent jurisdiction.
(d) Each owner or operator of a medical marijuana dispensary shall maintain a current register of the
names of all employees currently employed by the medical marijuana dispensary, and shall disclose such
registration for inspection by any police officer for purposes of determining compliance with the requirements of
this section.
(e) Failure to register each new employee within five (5) days of the commencement of employment, or to
maintain a current register of the names of all employees shall be deemed a violation of the conditions of the
permit and may be considered grounds for suspension or revocation of the permit. (Ord. 494 § 1(part), 2006)
5-13.113 Suspension and revocation: Notice.
(a) Any permit issued under the terms of this chapter may be suspended or revoked by the City when it
shall appear that the permittee has committed any one or more of the acts or omissions constituting the grounds
for suspension or revocation under this chapter.
(b) No permit shall be revoked or suspended by virtue of this section until a hearing shall have been held
by the City. Written notice of the time and place of such hearing shall be served upon the person to whom the
permit was granted at least five (5) days prior to the date set for such hearing. Such notice shall contain a brief
statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either
by personal delivery to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope,
postage prepaid, addressed to the person to be notified at his address as it appears in his application for a permit.
(Ord. 494 § 1 (part), 2006)
5-13.114 Suspension and revocation: Grounds. _
It shall be a ground for suspension or revocation of a permit if any permittee or person, his or her agent, or
employee:
(a) Does any act which violates any of the grounds set forth in this section, which sets forth the grounds
for denial of a permit for the medical marijuana dispensary; or
(b) Violates any other provision of this chapter or any local or State law, statute, rule or regulation relating
to his or her permitted activity; or
(c) Engages in or permits misconduct substantially related to the qualifications, functions or duties of the
permittee; or
(d) Conducts the permitted business in a manner contrary to the peace, health, or safety of the public; or
(e) Fails to take reasonable measures to control the establishment's patrons' conduct resulting in
disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control
problems, or creation of a public or private nuisance, or obstruction of the business operation of another
business; or
(f) Violates or fails to comply with the terms and conditions of the permit. (Ord. 494 § 1 (part), 2006)
5-13.115 Suspension or-revowtion without hearing.
If any person holding a permit or acting under the authority of such permit under this article is convicted of
a public offense in any court for the violation of any law which relates to his or her permit, the City may revoke
said permit forthwith without any further action thereof, other than giving notice of revocation to the permittee.
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(Ord. 494 § 1 (part), 2006)
5-13.116 Display of permit.
Every medical marijuana dispensary shall display at all times during business hours the permit issued
pursuant to the provisions of this chapter for such medical marijuana dispensary in a conspicuous place so that
the same may be readily seen by all persons entering the medical marijuana dispensary. (Ord. 494 § 1(part),
2006)
5-13.117 Transfer of permits.
(a) A permittee shall not operate a medical marijuana dispensary under the authority of a medical
marijuana dispensary permit at any place other than the address of the medical marijuana dispensary stated in the
application for the permit.
(b) A permittee shall not transfer ownership or control of a medical marijuana dispensary or transfer a
medical marijuana dispensary permit to another person unless and until the transferee obtains an amendment to
the permit from the City stating that the transferee is now the permittee. Such an amendment may be obtained
only if the transferee files an application with the City in accordance with Section 5-13.109 and accompanies the
application with a transfer fee in an amount set by resolution of the City Council, and the City determines in
accordance with Section 5-13.109 and Chapter 2 of Title 9 that the transferee would be entitled to the issuance of
an original permit.
(c) No permit may be transferred when the City has notified the permittee that the permit has been or may
be suspended or revoked.
(d) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby
declared void, and the permit shall be deemed revoked. (Ord. 494 § 1 (part), 2006)
5-13.118 Separate offense for each day.
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and
every day during any portion of which any such person commits, continues, permits, or causes a violation
thereof, and shall be penalized accordingly. (Ord. 494 § 1(part), 2006)
5-13.119 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall
be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to Chapter 8 of
Title 9 of the Atascadero Municipal Code. (Ord. 494 § 1 (part), 2006)
5-13.120 Criminal
Any person who violates, causes, or permits another person to violate any provision of this chapter commits
a misdemeanor. (Ord. 494 § 1(part), 2006)
5-13.121 Civil injunction. s_
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public
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Chapter 13 MEDICAL MARIJUANA DISPENSARIES
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interest and shall, at the discretion of the City, create a cause of action for injunctive relief. (Ord. 494 § 1(part),
2006)
5-13.122 Administrative remedies.
In addition to the civil remedies and criminal penalties set forth above, any person that violates the
provisions of this chapter may be subject to administrative remedies as set forth by City ordinance. (Ord. 494 § 1
(part), 2006)
5-13.123 Severability,._
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence,
or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions of this chapter. (Ord. 494 § 1(part), 2006)
5.13.124 Time limit for filing applications for permit.
All persons who possess an outstanding business license heretofore issued for the operation of a medical
marijuana dispensary, must apply for and obtain a medical marijuana dispensary permit within ninety (90) days
of the effective date of the ordinance codified in this chapter. Continued operation of a medical marijuana
dispensary without a permit more than ninety (90) days after the effective date of the ordinance codified in this
chapter shall constitute a violation of this chapter. (Ord. 494 § 1 (part), 2006)
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Please immediately confirm receipt
of this ax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER EXTENDING INTERIM
ORDINANCE NO. 1823, AN UNCODIFIED INTERIM URGENCY
ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OR OPERATION OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF LODI
PUBLISH DATE: SATURDAY, JANUARY 23,2010
TEAR SHEETS WANTED: One (1) please
SENDAFFIDAVITAND BILLTO: RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, JANUARY 21,2010
ORDERED BY: RANDI JOHL
CITY CLERK
ANNIFER W ROBISON, CMC
ASSISTANTCITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 369-1084 at (time) on (date) (pages)
LNS Phoned to confirm receiptof all pages at (time) CF MB JMP (initials)
formAadvins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER EXTENDING INTERIM ORDINANCE NO. 1823,
AN UNCODIFIED INTERIM URGENCY ORDINANCE IMPOSINGA TEMPORARY
MORATORIUM ON THE ESTABLISHMENT OR OPERATION OF MEDICAL
MARIJUANA DISPENSARIES IN THE CITY OF LODI
On Friday, January 22, 2010, in the City of Lodi, San Joaquin County, California, a copy
of a Notice of Public Hearing to consider extending interim Ordinance No. 1823, an
uncodified interim urgency ordinance imposing a temporary moratorium on the
establishment or operation of medical marijuana dispensaries in the City of Lodi
(attached hereto, marked Exhibit "A") was posted at the following four locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
declare under penalty of perjury that the foregoing is true and correct.
Executed on January 22, 2010, at Lodi, California.
,IVNIFER ROBISON, CMC
ASSISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOST 1.DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: February3, 2010
Time: 7:00 p.m.
For information regarding this notice please contact:
Randi Johl
City Clerk
Telephone: (209) 333-6702
% VE Of i URLIC HEARING
1EXHIDIT Al
NOTICE S HEREBY GIVEN that on Wednesday, February 3, 2010, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Extend interim Ordinance No. 1823, an uncodified interim urgency
ordinance imposing a temporary moratorium on the
establishment or operation of medical marijuana dispensaries in
the City of Lodi.
Information regarding this item may be obtained in the City Attorney's Office, 221 West
Pine Street, Lodi, (209) 333-6701. All interested persons are invited to present them`
views and comments on this matter. Written statements may be filed with the City
Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the
hearing scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
ByZr'1y. er of the Lodi City Council:
City Clerk
Dated: January 20,2010
D. Stephen Schwabauer
City Attorney
CLERK\PUBHEAR\NOTICES\NOT_MedicalMarijuana.DOC 1/20/10