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HomeMy WebLinkAboutAgenda Report - January 6, 2016 I-01TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM II AGENDA TITLE: Introduce Ordinance 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 6, 2016 PREPARED BY: City Attorney RECOMMENDED ACTION: Introduce Ordinance amending Chapter 9.30 of the Lodi Municipal Code by repealing Chapter 9.30 "Medical Marijuana Dispensaries" in its entity, and enacting Chapter 9.30, "Medical Marijuana" to prohibit the delivery and processing of medical marijuana within the City of Lodi, as well as the continued prohibition of medical marijuana dispensaries. BACKGROUND INFORMATION: Since April 15, 2009, medical marijuana dispensaries, whether fixed or mobile, have been expressly prohibited within the City's jurisdictional limits. The outdoor cultivation of medical marijuana within the City and the indoor cultivation of medical marijuana that creates a public nuisance have been prohibited since December 19, 2012 (Lodi Municipal Code Chapter 8.30). The City does not currently have any regulations affirmatively governing the distribution of medical marijuana by delivery services or the processing of medical marijuana for commercial retail and/or wholesale sales. Pursuant to recent legislation', collectively known as the Medical Marijuana Regulation and Safety Act (MMRSA), effective January 1, 2016, unless local agencies have express regulations or prohibitions in place by March 1, 2016, governing the cultivation of marijuana and/or the delivery of medical marijuana within their jurisdictions, these activities will be permitted and regulated by the State under the MMRSA. The MMRSA is a series of three legislative bills that establish a comprehensive State licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of medical marijuana. The MMRSA includes Assembly Bill 243, which establishes a regulatory and licensing structure for medical marijuana sites under the California Department of Food and Agriculture. It also includes Assembly Bill 266, which creates a dual licensing structure requiring both a State license, issued by the Department of Consumer Affairs, which will impose health and safety testing standards on medical marijuana, and a license or permit issued by the effected local jurisdiction. Lastly, Senate Bill 643 establishes criteria for the licensing of medical marijuana businesses, recognizes the authority of local entities to levy taxes and fees on such businesses, and regulates physicians recommending medical marijuana. The proposed ordinance amends 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. These prohibitions are 1 AB 266 (Bonta, Cooley, Jones -Sawyer, Lack, Wood); AB 243 (Wood); and SB 643 (McGuire). I APPROVED: �_�,Step en Schwabauer, Cit 1"anager extended to activities that would otherwise be permitted under the MMRSA. AB 266 requires local agencies that desire to ban marijuana delivery services or mobile marijuana dispensaries to enact an ordinance affirmatively prohibiting this type of activity. Several jurisdictions throughout the state have reported negative secondary effects relating to mobile dispensaries and delivery services, including but not limited to, an increase in criminal activity. For example, delivery drivers are often the target of armed robbers who seek cash and drugs. As a result, many drivers reportedly carry weapons or use armed guards for protection. It is also probable that delivery services will provide children with greater access to marijuana edibles that may fail to include proper warning labels or child resistant packaging. It is reasonable to assume that similar adverse impacts on the public health, safety and welfare could occur in the City if action is not taken to expressly prohibit marijuana delivery services. The proposed ordinance also prohibits any method used to prepare marijuana, marijuana edibles and/or marijuana byproducts for commercial and/or wholesale sales. The prohibition would include the cleaning, curing, preparation, laboratory testing, manufacturing, packaging, and extraction of active ingredients to create marijuana related products and concentrates within the City. Such a processing prohibition would protect the public health, safety and welfare of the community. Since the City currently prohibits medical marijuana dispensaries, whether fixed or mobile, and the outdoor cultivation of medical marijuana as well the indoor cultivation of medical marijuana that creates a public nuisance, the proposed amendments to Chapter 9.30 are consistent with the Council's historical position on the regulation of medical marijuana within the City. FUNDING: None. i 1 .Janice D. Magdich City Aftorney Attachment: Proposed Ordinance Enacting Chapter 9.30 "Medical Marijuana" cc: Lodi Police Chief Tod Patterson ORDINANCE NO. 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 ! '- �•:'`.I !!= 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 9.30.0350 Public Nuisance 9.30.0460 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: 1. 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. GE. "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. . "Primary caregiver" shall have the meaning as set forth in Health and Safety Code Section 11362.7, and as may be amended. I=c. "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 andlor 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 9.30.0-0 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 9.30.0460 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. 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 — 1 further certify that Ordinance No. 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: By JANICE D. MAGDICH City Attorney 4 JENNIFER M. FERRAIOLO City Clerk Please immediately confirm receipt of this fax 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 9, 2016 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JANUARY 7, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK - PAMELA M. FARRIS DEPUTY CITY CLERK tio ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at cl (time) on 1/-7_40 (date) (pages) LNS Phoned to confirm receipt of all pages at , (time) P 5ES (initials) 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. 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 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. -4/1-A:C) Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost.doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk Eri-r"71 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: SECTIONS: 9.30.010 9.30.020 9.30.030 9.30.040 9.30.050 9.30.060 CHAPTER 9.30 MEDICAL MARIJUANA Definitions Establishment and Operation Prohibited Delivery of Medical Marijuana as Processing of Medical Marijuana Public Nuisance Civil Penalties of Medical Marijuana Dispensaries a Prohibited Use and/or Activity as a Prohibited Use and/or Activity 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: 1. 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: By JANICE D. MAGDICH City Attorney 4 JENNIFER M. FERRAIOLO City Clerk The foregoing document is certified to be a correct copy of the original on file in the City Clerks Office. Pamela M. Farris Deputy City Clerk, City of Lodi- By: odi By: -/d/3'7-2,0' b2 v7'l,`i i } Dated: //7%/b