HomeMy WebLinkAbout2016-167 1
RESOLUTION NO. 2016-167
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
4 CONSIDERING THE SAN BERNARDINO MEDICAL CANNABIS RESTRICTIONS
5 AND LIMITATIONS ACT, REQUESTING THAT THE SPECIAL ELECTION BE
CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED
6 ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR
7 THE ELECTION.
8 WHEREAS, on June 14, 2016 Kathrine Redmon ("Proponent"), a resident of the City of San
Bernardino, filed a Notice of Intent to Circulate a Petition, attached hereto as Exhibit"A" and
9 incorporated herein by this reference, with the City Clerk for the San Bernardino Medical Cannabis
10 Restrictions and Limitations Act (the "Initiative"); and
11 WHEREAS, on June 27, 2016 the City Attorney transmitted to the City Clerk a Ballot Title
and Summary, attached hereto as Exhibit"B" and incorporated herein by this reference; and
12
13 WHEREAS, on July 25, 2016 the Proponent turned in signed petitions to the City Clerk for
certification; and,
14
WHEREAS, the City Clerk, having reviewed the signatures, has issued her certification that
15 the petition has the number of signatures required to submit an initiative to the Mayor and Common
16 Council pursuant to Section 120 of the Charter of the City of San Bernardino; and
17 WHEREAS,the Mayor and Common Council, having reviewed the initiative, has decided to
submit the issue directly to the voters instead of adopting the measure without alteration.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
20
21 SECTION 1. That the recitals and findings set forth above are hereby adopted and
22 incorporated herein by this reference.
23 SECTION 2. That the San Bernardino Medical Cannabis Restrictions and Limitations Act
24 shall be submitted to the voters at a Special Election.
25
SECTION 3. That the Registrar of Voters consolidates the Special Election called for by
26
27 this resolution with the Presidential Election on November 8, 2016.
28
1
1 SECTION 4. That the City Clerk is authorized to expend the funds necessary to
2 effectuate the purposes of this resolution.
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
CONSIDERING THE SAN BERNARDINO MEDICAL CANNABIS RESTRICTIONS
5 AND LIMITATIONS ACT, REQUESTING THAT THE SPECIAL ELECTION BE
6 CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED
ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR
7 THE ELECTION.
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
9 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the I"
10 day of August, 2016, by the following vote, to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ X
13
BARRIOS X
14
15 VALDIVIA X
16 SHORETT X
17 NICKEL X
18
RICHARD X-
19
20
MULVIHILL X
---
21
Georgeardf Hanna, C C, City Clerk
22 �C
The foregoing Resolution is hereby approved this da �f August 16.
23
24
R. Carey Dav' ayor
25 City of San
26 Approved as to form:
Gary D. Saenz, City Attorney
27 ^
By: 46JAt-i --w-
28
2
2016-167
EXHIBIT "A"
LAW OFFICES of
RANDALL T. LONGWITH
I N.HARBOR BLVD.STE,1) V;; ..i i.:
FULLF,R1'ON,CA 92832
DONWAY
Cl'1II✓1\VCO 'IAJL.(' )\-1
11H.714.60e.6024 1616 ,1U11 14 PO 3: 31
FAX,714.459.7369
June14,2016
Gerogeann Hanna
City Clerk
City of San Bernardino
300 N. D Street, 2"d Floor
San Bernardino, CA 92418
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their intention to
circulate the petition within the City of San Bernardino for the purpose of setting
restrictions,protocols and prohibitions guiding the permitted operation of State of
California Compliant medical cannabis businesses in the city. (California Election Code
section 9202) (San Bernardino City Charter section 120)
It is requested by the persons whose names appear hereon for the City Attorney to now
prepare a Title& Summary for the petition known as"The San Bernardino Medical
Cannabis Restrictions and Limitations Act." (California Election Code section 9203a)
Please forward all correspondence regarding this matter to:
Randall T. Longwith
Law Office of Randall T. Longwith
111 N. Harbor Blvd, Ste, D
Fullerton, CA 92832
longwithlaw @gmail.com
'W15��
1K hrine Maria Redman at
32 5 Acacia Ave
San Bernardino CA 92405
Notice of Intent
Statement of Reasons for Proposed Action
A statement of the reasons of the proposed action as contemplated in the petition is as
follows:
The San Bernardino Medical Cannabis Restrictions and Limitations Act in the City
of San Bernardino is a citizen initiative drafted to amend the city municipal code by
establishing regulatory clarity for the permitted operation of California compliant medical
cannabis businesses within city limits.The initiative establishes clear regulatory policy
for permit application, approved zoning, sensitive use separations, operational standards,
regulatory compliance and public safety in harmony with the expected demands of
community standards for professional conduct guiding businesses within the city.
The measure, as authored, is required to ensure that dignified patient access to medical
cannabis is unimpeded within the City of San Bernardino;a patient's right established in
1996 by the passage of California's Compassionate Use Act and subsequent legislation
including the recently passed Medical Marijuana Regulation and Safety Act developed by
a bi-partisan effort of the California legislature and signed into law in October of 2015.
Further, it acknowledges community interests in public safety and operational protocols
by establishing guidance for appropriate best practices and operational conduct in
compliance with California state law and local zoning and land use standards. Key
attributes of the proposed measure include the following:
• Limits the number of permitted medical cannabis businesses operating in San
Bernardino municipal borders to a current maximum of twenty permits unless
increased by a future vote of the city council or population growth.
• Each permitted medical cannabis business will be able to apply for a dispensary,
cultivation and processing license from the State of California to ensure local
sourcing and employment opportunities; operating only at qualifying locations.
• Requires a verified doctor's recommendation for patient access to a medical
cannabis dispensary.
• Bans medical cannabis businesses from operating within 600 feet of schools and
250 feet of churches.
• Bans medical cannabis businesses from operating in strictly residential zones.
• Bans onsite consumption of cannabis products.
• Restricts hours of operation to between 9am and 11 pm and loitering in the
proximity of facilities.
• Requires strict security protocols including onsite security guards and video
surveillance available at all times to local law enforcement and city staff.
• Requires compliance with State regulations for the operation of a medical
cannabis business.
• Requires the City of San Bernardino and its Agents to administrate the application
process clearly established by its protocols and monitor operations for compliance
with its requirements.
2
Affidavit and Acknowledgement
1, Kathrine Maria Redmon,declare under penalty of perjury that I am a
citizen of the United States, 18 years of age or older,a resident of Saar Bernardino county,
California,and a registered voter in the City of San Bernardino, California.
(Signature of Proponent)
Dated this day of ,20�
I, Kathrine Maria Redmon, acknowledge that it is a misdemeanor under state
law(Section 18650 of the Elections Code)to knowingly or willfully allow the signatures
on an initiative petition to be used for any purpose other than qualification of the
proposed measure for the ballot. I certify that I will not knowingly or willfully allow
the signatures for this initiative to be used for any purpose other than qualification of the
measure for the ballot.
(Signature of Proponent)
Dated this �� day of ,20,0_
3
D )
SAN BERNARDINO ORDINANCE DRAFT NO. 1
AN INITIATIVE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 5.05 (MEDICAL MARIJUANA
DISPENSARIES), AMENDING CHAPTER 5,44, SECTION
5,44,050 AND DELETING CHAPTER 19 06 026 CMEDICAL
MARIJUANA DISPENSARIES.PROHIBITED USESI.
WHEREAS.in 1996 the California electorate approved Proposition 215 the
Compassionate Use Act C"CUA")of 1996.and codified as Health and Safety Code
Section 11362.5. et seq.) tQ exempt certain patients and their rp imary caregivers
from criminal liability under state law for the possession and cultivation of
marijuana for medical purposes: and
WHEREAS in 2003 the California legislature passed Senate Bill 420 (Medical
Marijuana Program Act ("MMPA") and codified as Health and Safety Code Section
11362 7 et sew as later amended to clarify the scope of the Compassionate Use Act
relating to the possession and cultivation of marijuana for medical purpose and to
authorize local governing bodies to adopt and enforce laws consistent with its
provisions and
WHEREAS in 2005 the California Board of EQualization began issuing seller's
permits for sales consisting only of medical marijuana: and
WHEREAS in 2008 the California Attorney General issued guidelines for the
security and non-diversion of marijuana grown for medical use: and
WHEREAS in 2014 the U.S. House of Representatives and U.S. Senate voted to enact
Federal Omnibus Spending Bill which includes the "Rohrbacher-Farr amendment."
Section 538 that denies funding to federal law enforcement from interfering with
medical marijuana operations in the various states which have decriminalized
and/or authorized such operations: and
WHEREAS in 2015 the California legislature passed the new Medical Marijuana
Regulation and Safety Act(MMSRAI consisting of three separate bills:AB 266 AB
243 & SB 643 The bill creates a comprehensive state licensing system for the
commercial cultivation manufacture retail sale transport distribution,delivery,
and testing of medical cannabis•
WHEREAS Health &Safety Cow Section 11362 83 provides that cities are free to
apt and enforce local ordinances that regulate the location,operation,or
establishment of medical marijuana dispensaries and cultivation: and
1
WEIEREAS,nothing in this initiative shall be deemed to conflict with federal law as
contained in the Controlled Substances Act nor to otherwise permit any activity that
is prohibited under that Act or other applicable law: and
WHEREAS the operation of medical marijuana dispensaries and the cultivation of
medical marijuana within the City of San Bernardino presently remain unregulated:
and
WHEREAS the California Constitution grants local governments in Article XI
Section 7 the authority under their police powers to regulate land use: and
WHEREAS,the proposed initiative has been deemed cg gorically exempt pursuant
to Section 153 05 Mass 5 (Minor Alterations in Land Use Limitations] of the
California Environmental Quality Act
NO'S^I THEREFORE THE CITY OF SAN BERNARDINO DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. TITLE
This initiative shall be known and may be cited as The San Bernardino Medical
Cannabis Restriction and Li itat!Qn Act.
SECTION 2. AMENDMENTS TO THE SAN BERNARDINO MUNICIPAL CODE,
SECTION 5.05
Chapter 5.05 (Medical Marijuana Dispensaries) of the San Bernardino Municipal
Code is hereby amended as follows; (All underlined language is new and to be
inserted.All language struck through is to be deleted)
CHAPTER 5.05.MEDICAL MARIjUANA DISPENSAR CANNABIS BUSINESSES
Sec. 5.05.010. M die ' Marijuana Dispensaries Prohibited. Purpose and Intent
it shall bee unlawful for any p r-son or entity to establish, own,manage,condu
operate any media! marijuana dispensary, as ef+ned in Bernardino n unicipal
Code Section 19.06.026 (Development Code), or to par-tk4patei&an '
contr-aetor-,agent-,-volunte ev, or-in any other manner-or-eapaeky,—m-any-medkal
mat4juana,a• „„h „.. . the City of c-, u n�dino, The purpose of this Chapter is
Y ✓ J
Jo establish a comprehensive set of regulations with attendant regulatory permits
applicable to the operation of medical cannabis businesses which include the
dispensing, cultivation and/or processing of medical cannabis The regulations are
intended to ensure such operations are consistent with the overall health, welfare
and safety of the city and its populace and that such operations are in compliance
with California's Compassionate Use Act of 1996 as well as California's Medical
2
Marijuana Program Act of 2003 and the Medical Marijuana Regulation and Safety-
Act(MMSRU
The Chapter is not intended to permit activities that are otherwise illegal under
federal state or local law.This chapter is not intended to conflict with federal or
state law.
Sec 5.05.020, Opgration Prohibited Without Permit
It shall be unlawful for any person or entity to establish own manage,conduct,
lease to or operate any medical cannabis business: to participate as an employee,
contractor,agent volunteer or in any other manner capacity in any medical
cannabis in the City of San Bernardino.
Sec. 5.05.030. Definitions
The following definitions shall apply to this chapter unless the context clearly
denotes otherwise.
1) "Applicant"means an dividual person or responsible party representing a
partnership corporation or limited liability company seeking a cannabis
business permit under this Act.
2) "Attorney GejjQral Guidelines"shall refer to the California Attorney General
Guidelines for the Security and Non-diversion of Marijuana Grown for Medical
Use.
3) "Cultivation" or"marijuana cultivation" means the growing of medical cannabis
and industrial hemp for medical purposes as defined in strict accordance with
Health and Safety Code sections 11362,5and 11362.7 et seq.
4) "Cultivation site" means a facility-where medical cannabis is cultivated
propagated planted grown harvested dried cured graded or trimmed or that
does all or any combination of those activities,and where the operator holds a
valid medical marijuana business permit for cultivation from the City of San
Bgrnardino and a valid state license to cultivate marijuana as required by state
law
5) "Cultivator" means a person who engage in the cultivation of medical cannabis.
6) "Dispensary" means a medical marijuana business facility where cannabis
medical cannabis products,or devices for the use of medical cannabis or medical
cannabis products are offered either individually or in any combination,for
retail sale including an establishment(whether fixed or mobile) that delivers,
pursuant to express authorization medical cannabis and medical cannabis
products as part of a retail sale and where the operator holds a valid medical
marijuana business permit from the City of San Bernardino authorizing tie
opgration of a dispensary,and a valid state license as required by state law to
operate a dispensary.
7) "Dispensing" means any activi�y involving the retail sale of medical cannabis or
medical< cannabis products from a dispensary.
3
8) "Edible cannabis product" means manufactured cannabis that is intended to be
used in whole or in an rt.for human consumption An edible medical cannabis
product is not considered food as defined by Section 109935 of the California
Health and Safety Code or a drug as defined by Section-109925 of the California
Health and Safety Code.
9) "Fully enclosed and secure structure" means a space within a building or other
structure which has a complete roof enclosure supported by connecting walls
extending from the ground to the roof,whic i- secure against unauthorized
entry, provides complete visXaal screening, and which is accessible only thorough
one or more lockable doors and inaccessible to minors.
10)"Identification card"has the same definition as set forth in Health and Safety
Code section 11362.7. and as may be amended and which provides that
"Identification card"means a document issued by the State Department of
Health Scrvicu that document identifies a person authorized to engage
medical use of marijuana and the person's designated primary caregiver,if any.
11)"Indoors" means within a fully enclosed and secure structure
12) "Location"means any parcel of land whether vacant or occupied by a building,
group of buildings or accessory buildings,and includes the buildings,structures
,ids,gpen spaces. lot width, and lot area..
13) "Live ive gan" means a system for inkless electronic fingerprinting and the
automated background check developed by the Califrrnia Department of Justice
(DOI) which involves digitizing fingerprints and electronically transmitting the
fingerprint image data along with personal descriptor information to computers
at the DOJ for completion of a criminal record check• or such other comparable
inkless electronic fingerprinting and automated background check process as
determined by the city council
14) "Manufacturer" means a person that conducts the production preparation,
propagation or compounding of manufactured medical cannabis as defined in
this section or medical cannabis products either directly or indirectly or by
extraction methods or independently by means of chemical synthesis at a fixed
location that packages or repackiiges medical cannabis or medical cannabis
products or labels or relabels its container,where the operator holds a valid
medical marijuana business permit for manufacturing from the Cjty of San
Bernardino.
15) "Manufactured cannabis" means raw cannabis that has undergone a process
whereby the raw agricultural product has been transformed into a concentrate
or manufactured product intended for internal consumption or topical
application.
16) "Manufacturing site" means a location that produces prepares propagates or
compounds medical cannabis or medical cannabis-pro ducts directly or
indirectly.by extraction methods independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis and is
owned and operated by a person issued a valid Medical rag rijuana business
permit for manufacturing from the City of San Bernardino and a valid state
license as required for manufacturing of cannabis products.
17) "Marijuana"means"cannabis," as that term is defined in this Title
4
18)_lN edical marijuana" means marijuana or cannabis used for medical purposes in
accordance with the Compassionate Use Act(Health and Safety Code section
11362.5) and the Medical Marijuana Program Act (Health and Safety Code
sections 113621 et seat
19)"Medical cannabis business permit" means a regulatory permit issued by the City
of San Bernardino pursuant to this Chapter to permit a medical cannabis
business to dispense cultivate, an /or manufacture medical cannabis and is
wired before any medical cannabis activity may becQnd]Acted in the City.The
initial permit and annual renewal of a medical cannabis business permits) is
made expressly contingent upon the business'ongoing compliance with all of the
uiremenIs of this Chapter and any regulations adopted by the City governing
Ik medical cgnDabis activity at issue
20)"Medical cannabis business" means a site or sites that dispenses cannabis
cultivates cannabis manufactures cannabis, or conducts any combination
thereof.
21) "Owner"means the owner of a medical cannabis business and may include an
individual, collectiYe,cooperative,or corporate entity,
22)"Permit" means the various regulatory licenses issue pursuant to this chapter.
including but not limited to a business license for a medical cannabis business.
23)"Person"means any natural person,firm,corporation, partnership,club, or any
association or combination of natural persons whether acting by themselves or
through any servant,agent or employee.
24) "Physician's referral" means a_3yritten recommendation for a patient from a
licensed medical doctor indicating that marijuana would be a beneficial
treatment for a serious medical condition of the patient.
25) Primary caregiver"has the same def nitiQn as set forth in Health and Safety
Code section 11362.7(d), (e), and as may be amended.
26)"Qualified Applicant" means an individual or entity applying for medical
cannabis business permit(5) who has successfully fulfilled the requirements of
.subsections all through (n) of Section 5.05.05 of this Chapter.
27)"Qualified Patient"has the same definition as set forth in Health and Safety
section 11362.7((1.
Sec. 5.05.040. Medical Cannabis Business Permit
Prior to initiating operations as a medical cannabis business,in..ess, including the
.dispensing. cultivating,manufacturing or any combination th1ereof, and as a
continuing requisite to conducting operations,the owner of a medical cannabis
business shall obtain a regulatory_permit from the City or its designee under the
terms and conditions set forth in this chapter. Conditions necessary for the
continuing validity of any and all regulatory permits issued for the operation Qf a
medical cannabis business include:
1) Substantial adherence to each and every requirement of this Chapter.
2) Maintaining with the city current and valid contact information of the owner(s)
of the medical cannabis business.
5
3) Maintaining with the city current and valid contact information of a legal
representative of the medical cannabis business
Sew 5.05.050-Applications for Medical Cannabis Business Permits
The owner of a proposed medical cannabis business shall file an application with thg
City of San Bernardino on a form provided by the City.The application shall include
whether-the applicant desires to apply to operate a dispensary site,a cultivation
site.a manufacturing site or any combination thereof.The application shall be
accompanied by a nonrefundable application processing fee in an MOM
established by a resolution of the Cit.
A qualified application for a medical cannabis business permit shall include the
following information:
1) Address of the location or locations where the medical cannabis business will be
located.
2) Proof that the applicant has -owned or leased the property(s) for a minimum of
six (6 months rip or to the application for the permit(s). If the propertyw
is/are being leased or purchased under contract,a copy of such contract or fully
executed lease must be submitted with the application.
3) If the property(s) is/are being leased,the applicant must submit a singed and
notarized authorization acknowledging that the current owner of the
property(s) is aware of the intended use as a medical cannabis business and
consents to such use.
4) A site plan describing the property(s) with fully dimensioned interior and
exterior floor plans including: electrical,mechanical,plumbing,and disabled
access compliance pursuant to Title 24 of the State of California Code of
Regulations and>K eh Americans with Disabilities Act. Any improvements or
alterations to the property which require building permits must be submitted to
the Building and Safety Division separately for review/approval.
5) Exterior photographs of the entrance , exit(s
s )street frontage(s), parking,front
and rear side(s) of the property_(s).
6) Photographs depicting the entire interior of the proposed property(s).
7) For each manager,employee,volunteer,a fully legible color copy of one valid
government issued form of identification, two passport photographs, live scan
results and the original legible, completed employee application for each
manager, employee or volunteer.
8) Proof that the medical cannabis business/collective has operated as a non-profit
mutual benefit corporation, a non-profit unincorporated association,or
cooperative for six (6) months prior to the filing of the application for business
permit(s). Proof of the above may be established through a certified copy of the
Collective's Secretary of Stat!a Articles of Incorporation. Certificate(s) of
Amendment.Statement(s) of Information and a copy of the Collective's Bylaws
or any other verifiable proof acceptable by the City.
9) Applicant must provide a current Board of Equalization Seller's Permit.
6
10)A copy of the Medical Cannabis operating standards with a statement dated and
signed by the responsible party on-site stating under the penalty of perjury,that
they read,understand, and shall ensure compliance with the aforementioned
operating standards.
11)Proof that applicant has cultivation experience for at least six (6) months prior
to submitting application. Proof may include.but is not limited to,documented
proof that applicant has operated a legal medical marijuana cultivation site for a
minimum of six (6) months or proof that the applicant has possessed a license to
sell nursery stock in California for a minimum of six (6) months prior to
submitting application.
12)Applicant(s) must not have suffered any felony convictions within the last 4
years.
13),A security plan including the following measures:
a) Security c� ameras shall be installed and maintained in good cgndifion.and
used in an on-going manner with at least 30 days of digitally recorded
documentation.
b) The lease/business space/cultivation site shall be alarmed with a centrally
monitored fire and burglar alarm system and monitored by an alarm
company.
c) Entrance to the dispensing area or"medication room" cultivation site and
any storage areas shall be locked at all times and under the egntrol of
employees with current and valid employee permits,
d) Interior Lighting The premises within which the medical cannabis business
is operated shall be equipped with and at all times during which is open to
the public or any portion thereof shall remain illuminated with overhead
lighting fixtures of sufficient intensity to illuminate every p-.ace to which
members of the public or portions thereof are permitted access with an
illumination of not less than two foot-candles as measured at the floor level
e) Exterior Lighting The exterior of the premises upon which the medical
cannabis business is operated shall be equipped with and at all times
bQtween sunset and sunrise shall remain illuminated with fixtures of
sufficient intensity and number to illuminate every portion of the property
with an illumination level of not less than one foot-candle as measured at the
ground leyel. including, not limited to landscaped areas, arkin lots
driveways,walkways, entry areas,and refuse storage areas.
f) All windows on the building that houses the dispensary and/or cultivation
site shall be appropriately secured and all cannabis securely stored. and
reliable commercial alarm system shall be installed and maintained
14)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.
Sec 5,05,060,Transferability of Medical Cannabis Business Permits.
1) Notwithstanding any conflicting provision( in any other Section(s) of the Sang
Bernardino Municipal Code including the Development Code Medical Marijuana
Business Permits may be transferred to another party or entity only so long as
the transferee successfully adheres all of the requirements of this Chapter.
7
2) Notwithstanding any conflicting provision(s) in any Qther Section(s) of the San
Bernardino Municipal Code including the Development Code Medical Marijuana
Business Permits may be transferred to another location only so long as the new
location successfully complies all of the re uiremgnts of this Chapter
Sec 5.05,070. Review of Permit Applications Timing and Priority Order
1) The City or its agent shall within 15 calendar dates of the date of adoption of this
Cpter,create registration application forms and instructions that strictly
require only the information required pursuant to Sec 5 05 050 of this Chapter,
and shall begin accepting applications on a published date within 30 calendar
day.,s of the date of adoption of this-Chapter.
2) At least seven calendar days prior to the date the City or its agent will begin
accepting applications for registration the City or its agent shy publish, on the
City's website and once in a daily newspaper of general circulation,the date,
time and manner on and in which collectives and cooperatives must submit
registration application forms and the required fee,and shall make publicly
available those forms and instructions at City Hall and on the City's website
3) Each applicant shall submit with its permit(s)application any required fee-
pursuant to this Chapter,
4) As each pplicant submits its application for permit(s) and fees) pursuant to
this Chapter, the City or its agent shall time-stamp the he application with the date
and time received Seven calendar days after the date the City or its agent begins
accepting applications the City_or its agent shall stop accepting applications and
shall that day establish a priority list that identifies by name address date and
time the order in which applications were received.The order in which
applications were received shall be the order in which the City or its agent shall
process h m.A collective or erative may only be assigned one place on the
priority list and multiple submissions will result in immediate disqualification
tom the registration process,
5) Within seven calendar days of establishing the priority list the City or its agent
shall publish the priority list on the City's website and once in a local daily
newspaper of general circulation.
6) The order set forth in the priority list shall remain in effect until the priority list
has been exhausted at which time should the number of current valid
applicants fall below that established by minimum number of use permits
required pursuant to Section S 05 08 of this Chapter,a new date and time will be
set for submission of additional applications following the process set forth
hmin but not more frequently than once every 180 days
7) Following establishment of the priority list the City or its agent shall begin
processing as a ministerial duty the registration applications of collectives and
cooperatives in the order established by the priority list The City or its agent
shall continue processing applications until the maximum number of medical
cannabis permits have been issued This processing of the applications shall
consist of verification of the information required by Section 5 05 050 of this
Chapter.
8
Sec. 5.05.0$0 Action on Applications for Permits
This section shall govern actio,.0 on all applications for all permits provided for in
this Chapter.
1) Upon the receipt of an ap 1p ication for a permit the City or its agent shall as a
ministerial duty,complete processing and issue requested permit(s)within 30
calendar days,unless:
a) The applicant does not qualify under Section 5.05-050 of this Chapter: or
b) The applicant has made one or more false or misleading statements,or
omissions on the application or during the application process: or
c) A proposed location for a medical cannabis business is not allowed by state
or local law,statue, ordinance, or regulation,including this code,at a
particular location: or
d) The applicant is not a primary caregiver or qualified patient or the legal
representative of the medical cannabis business: or
e) The applicant or any person who is managing or is otherwise responsible for
the activities of the cooperative or collective has engaged in unlawful
fraudulent, unfair, or deceptive business acts or practices.
2) If the City or its agent fails to either issue a permit or deity the application for
Permit in writing stating the reasons for denial,within 30 calendar days of
receipt of the applications the application shall be deemed qualified and
complete and the Permit(s) deemed issued and thus deemed eligible for a
Certificate of Occupancy and gross receipts business license a5 below.
3) Once all available and/or required permits are issued or deemed issued no
applications will be ar epted or considered until such time as additional permits
are made availableLLAZhen additional permits become available applications will
then be taken and will be considered as provided herein upon the timely filing of
a new application therefore.
4) Permits shall be valid for two,years and an application for renewal must be filed
not later than 30 calendar days prior to the expiration of the permit but no
earlier than 60 calendar days prior to the expiration of the registration A Permit
may be renewed for additional periods of two years by submitting an application
to the City or its agent.
5) Once.the collective or cooperative shall be eligible for a Certificate of Occupant,
which shall be issued as a ministerial duty within 30 calendar days (to be tolled
if,and only if,requested by the applicant to allow time for inspection or for work
required per inspection) during which time the standard building and fire
inspections shall be completed or deemed completed and applicants allowed
time as they request to complete any work required 12er inspection. The
Certificate of Occupancy shall issue without regard to any parking requirements,
which shall be deemed met or waived If the Certificate of Occupant is not
issued or denied in a writing stating the grounds therefore in this time it shall
be deemed issued.
9
I ,l
6) Once issued its Certificate of Occupancy,a cooperative or collective shall be
eligible for a gross receipts business license which shall be issued as a
ministerial duty immediately upon application.
Sec. 5,05.090. Maximum Number of Medical Cannabis Businesses
At least 1 medical cannabis business permit shall be issued per 10,000 (or fraction
thereof) residents of the City of San Bernardino, as determined by the last Federal
Census or as determined by the latest population estimate by the Department of
Finance of the State of California whichever is higher, and in no case less than 20,
medical marijuana business permits in each category shall be issued by the City or
its agent if there are that many eligible applicants.The City Council may increase,
but not decrease,the number of medical cannabis business permits registered in the
City under the formula above which shall be the maximum number registered
unless raised by the City Council,
Sec. 5,05.100. Dispensary General Operating Standards and Restrictions
A medical cannabis dispensary shall operate in conformance with the following
minimum standards,and such standards shall be deemed to bg part of the
condit}gns of approval on the permit for a medical cannabis business to ensure that
its operation is in compliance With California law,the Attorney General Guidelines,
and the San Bernardino Municipal Code,and tg mitigate any potential advorse
impacts of the medical cannabis business on the public health. safety or welfare.
1) Security,
a) At least one (1) security guard,armed or unarmed,who is licensed by the
State of California shall be present at the location of the medical cannabis
business during all business hours, The security guard shall only be engaged
in activities related to providing security for the medical cannabis_business,
except on an incidental basis, Each security guard shall possess a "Security
Guard Card" at all times.
b) Security cameras shall be installed and maintained in good condition, and
used in an on-going manner with at least 30 days of digitally recorded
documentation.
c) The location of the medical cannabis business shall be alarmed with a
centrally-monitored fire and burglar alarm system, and monitored by an
alarm company,
2) Records.
a) Medical cannabis businesses shall maintain records reflecting;
b) The full name,address, and telephone numbers) &the owner and/or lessee
fs the property.
c) The full name,address, and telephone number(s) of all employees.
d) Results of annual live scans of all employees.
e) The state issued identification card number of all members to whore the
medical cannabis business provides medical marijuana. if a member does not
10
have a state issued identification card,then the medical cannabis business
shall assign the member a unique identifying number forth use of the
medical cannabis business and maintain a written copy of the physician's
referral for the member.
f) A copy of the medical cannabis business' commercial general liability
i suxance policy and all other insurant e policies related to the operation of
thg!medical cannabis business.
g) Proof of a valid and current permit issued by the city in accQrdance with this
chapter. Every medical cannabis business shall display at all times during
business h urs to permit issued pursuant to the provisions of this chapter
in a conspicuous place so that it maybe readily seen by all persons entering
the location of the medical cannabis business,
3) Employees
a) A medical cannabis business shall not have any employees, operators, or
volunteers who have suffered a conviction for a fel.Qny drug offense having
occurred within the past four(4)years.This requirement shall be confirmed
through the results of a live scan being conducted annually by the medical
cannabis business on all employees the written results of such live scans
being_aintailled at the location of the medical cannabis business.
b) All employees must have a current and valid identification card.
4) Volume.
a) A medical cannabis dispensary may cultivate,dispense, store or transport
medical cannabis in aggregate amounts tied to its members'needs.A medical
cannabis cultivation site may cultivate,store,or transport medical cannabis
in aggregate amounts tied tp its member's needs,To these ends,a medical
cannabis business shall ensure compliance with state law limits on amount of
dried marijuana and amount of marijuana pmts allowed per qualified
patients and persons with identification cards and/or primary caregivers.
5) No Recommendations On-site.
a) A medical cannabis business shall not have a physician or an attending
physician at the location of the medical cannabis business to evaluate
patients or provide a recommendation for medical marijuana.
6) Signage.
a) The following signs in measurements of not less than eigbt(8) by ten (101
inches shall be clearly and legibly posted in a conspicuous location inside the
medical cannabis business where they will bg visible to members in the
normal course of a transaction.stating:
i) "Use of medical marijuana shall be limited to the patient identified on the
doctor's recommendation Secondary,sale barer or distribution of
medical marijuana is a crime and can lead to arrest."
ii) "Loitering on and around the collective site is prohibited by California
Penal Code § 647(e) and patrons must immediately leave the site and not
11
consume medical marijuana in the vicinity of the collective or on the
property or in the parking lot,"
iii) "Forgery of medical documents is a crime."
iv) "Patrons may be subject to prosecution under federal marijuaua laws."
v) "Use of mndicgl marijuana may impair a person's ability_to drive a motor
vehicle or operate machinery."
vi) "Smoking ingestilIg or consuming marijuana on this property or within
20 feet of the medical cannabis business is prohibited,"
vii)"Minors are prohibited from entering this property unless they are a
qualified patient or a primary caregiver and they are in the presence of
their parent or legal guardian,"
viii) "Neither the City of San Bernardino County of San Bernardino nor
any other governmental agency has tested or inspected any marijuana
product for pesticides, or other regulated contaminants distributed at
this location."
7) No Alcohol.
a) Medical cannabis businesses shall not hold or maintain a license from the
Statg Department of Alcoholic Beverage Control to sell alcoholic beverages
or operate a business that sells alcoholic beverages
8) Quality control.
a) The medical cannabis business shall analyze representative samples of all
strains of medical marijuana that are to be distributed to members.The
representative samples shall be analyzed by the medical cannabis business
itself or by an independent_ laboratory(if and when such is available) for
harmful pesticides and other contaminants Any medical marijuana from
which the representative sample tested positive for a harmful pesticide or
other contaminant at a level that exceeds the local state or federal regulatory
or statutory standards shall be destroyed forthwith and not dispensed to
member$or-qualified patients.
9) Labeling.
a) Any medical cannabis provided to members shall be properly labeled=
b) Adistinct and clearly legible label must be affixed onto all medical marijuana
items provided by a medical cannabis business which states:
i) This item contains medical marijuana
ii) Warning that the item is a medication and not a food
iii) Warning that the item is to be kept away from children
iv) Warning if nuts or other known allergens are used
v) Date of manufacture.
c) Any edible cannabis product that is made to resemble a typical food product
(i.e. brownie,cake) must be in a rp_operly labeled opaque (non see-throughl
package before it leaves the medical cannabis business
10)Edibles
a) All medical marijuana edibles shall comply with the California Sherman Food
12
Drug and Cosmetic Law, as codified in section 109875 et sea.of Part 5 of
Division 104 of the Health and Safety Code,and as amended from time to
time Further minimum requirements for all medical marijuana edibles
include:
i) No edible medical marijuana,products requiring refrigeration or hot-
holding shall be manufactured for sale or distribution at a medical
cannabis business due to the potential for food-borne illness Baked
medicinal products (i.e.brownies bars cookies cakes tinctures and
other non-refrigerated type items are acceptable for manufacture and
sale at a medical cannabis business.
11)Si nape.
a) Signs on the premises shall not obstruct the entrance or the video
surveillance system The size location,and design of any signage must
conform toy the sign provisions in the San Bernardino Municipal Code
b) Business identification signage shall comply with the appropriate sign
requirements with the applicable zoning district
12)1) Employee Training,
a) All employees of a medical cannabis business shall receive appro rp iate
training for their intended duties to ensure understanding of rules and
procedures regarding maintaining compliance by the operation with State
and local law.
13)Opgrating Hours#'or Medical Marijuana Dispensary-.
a) The maximum hours of operation for a medical marijuana dispensary shall
be daily from 9:00 a.m.to 11:00 p.m.
14)Use Restriction
a) Smoking ingesting or consuming marijuana at the location of the medical
cannabis business or within 20 feet of the medical cannabis business is
prohibited.
15)NO Minors.
a) No one under 21,years of age shall be permitted to enter establishment
unless such person is aqualified patient and is accompanied by his or her
Primary Caregiver, licensed Attending Physician parent(s) or documented
legal guardian.
16)Odor Abatement.
a) A medical cannabis business shall have an air treatment system that ensures
off-site odors shall not result from its operations This requirement at a
minimum means that the medical cannabis business shall be designed to
provide sufficient odor absorbing veDtilation and exhaust systems so that
any odor generated inside the location of the medical cannabis business is
not detected outside the building, on adjacent properties or public rights-of-
13
way.or within any other unit located within the same building as the medical
onaabis business, if the use only occupies a portion of a building.
17)Insurance.
a) A medical cannabis business shall carry with minimal coverage 12 ovided of
comprehensive commercial general liability insurance and comprehensive
automotive liability insurance (if automobiles are used by the medical
cannabis business for any purpose) protecting the medical cannabis business
in an aWount of not less than one million dollus ($1.000,000.00) per
occurrence,combined single limit,including bodily injury and pro eem
damage and not less than one million dollars ($1.000.000.00) aggregate for
each personal injury liability,products liability and eacb accident.
18)Delivery of Medical Marijuana to Members
a) All employees who provide delivery gfinedical marijuana from a medical
cannabis business to a member located outside the medical cannabis
business location must have a valid identification card at all times with the
employee while the delivery is being made•
Sec 5.05.110. Medical Cannabis Cultivati n Standards and Quality Control
A medical marijuana cultivation site shall operate in conformance with the
standards set forth in this Chapter and shall operate in compliance with California
law to mitigate any potential adverse impacts of the cultivation of medical
marijuana on the public health safety or welfare,Medical marijuana cultivation
facilities within the City, shall be in conformance with the following standards:
1) Indoor medical marijuana cultivation facilities may,but need not be located
within the same building or structure as a medical marijuana manufacturinl7
facility or medical marijuana dispensary facility only if the indoor medical
marijuana cultivation facility is located in separate rooms of the building or
structure and only if the indoor medical marijuana cultivation facility has its
own separate entrance into the building or structure.
2) Subject to the further requirements of this Section only the following State
cultivator license classification types specified in the MMRSA and Business and
Professions Code sections 19300.7 and 19332 will be allowed to operate in the
City: 1A. 1B, 2A,2B,and 4.
3) Medical marijuana cultivation is allowed only within fully enclosed and secure
structures that are inaccessible to minors.
4) From any public right-of-way,there shall be no visible exterior evidence of any
indoor medical marijuana cultivation activity.
5) Indoor medical marijuana cultivation shall not adversely affect the health or
safety of the nearby residents by creating dust glare heat noise smoke traffic
vibration. or other impacts. and shall not be hazardous due to use or storageof
materials, processes, products,or wastes,
6) All indoor medical marijuana cultivation facilities shall fully comply with all of
the applicable restrictions and mandates set forth in State law. All indoor
14
medical marijuana cultivation facilities shall comply with all size requirements
for such facilities as imposed by State law. Indoor medical marijuana cultivation
facilities shall not engage in any activities not allowed by indoor medical
marijuana cultivation facilities pursuant to State law. All indoor medical
marijuana cultivation facilities hall COMPIY with all horticultural labeling,
processing and other standards required by State law,
7) All medical marijuana shall be kept in a secured manned during all business and
nonbusiness hour
8) All indoor medical marijuana cultivation facilities shall operate within a legal
structure that is ompliant with all applicable State and local laws
9) All indoor medical marijuana cultivation facilities must pay all applicable sales
taxes pursuant to all federal, to and local laws
10)0n-site smoking ingestion or consumption of marijuana or alcohol shall be
prohibited on the premises of all indoor medical marijuana cultivation facilities
The term"premises" as used in this Subsection ingludes the actual indoor
medical marijuana cultivation building as well as any accessory structures an
par. king areas.The indoor medical_marijuana cultivation facility building
entrance shall be clearly and legibly posted with a notice indicating that
smoking ingesting,or consuming marijuana or alcohol on the premises or in the
vicinity of the facility is prohibited
11)Signage for all indoor medical marijuana cultivation facilities shall be limited to
name of business only,shall be in compliance with the City's sign code and shall
contain no advertising of any companies brands products goods or services
Signage shall not include any drug-related symbols
12)Alcoholic beverages shall not be sold stored,distributed,or consumed on the
premises Indoor medical marijuana cultivation facilities shall not hold or
maintain a license from the State Department of Alcohol Beverage Control to sell
alcoholic beverages or operate a business that sells alcoholic beverages In
addition,alcohol shall not be provided stored kept located sold dispensed or
used on the premises of any indoor medical marijuana cultivation facility.,
13)Physician services shall not be provided on the premises "Physician services"
does not include social services, including counseling help with housing and
meals hospice and other care referrals which may be provided on site
14)T-be building in which any indoor medical marijuana cultivation facility is
located.as well as the operations as conducted therein shall fully comply with
all applicable rules regulations and laws including but not fir,ited,to zoning
and building codes the City's business license ordinances the Revenue and
Taxation Code. the Americans with Disabilities Act and the MMRSA Compliance
with all requirements of State law pertaining to indoor marijuana cultivation is
also required.
15)The operators of all indoor medical marijuana cultivation facilities shall provide
the City or the City's designee with the name phone number facsimile number,
and email address of an on site representative to whom the City and the public
can provide notice if there are any operational problems associated with the
indoor medical marijuana cultivation facility.All indoor medical marijuana
cultivation facilities shall make every good faith effort to encourage residents
15
and the public to call this representative to resolve any operational proble=
before any calls or complaints are made to the City or law enforcement
16)All indoor medical marijuana cultivation facilities shall have a security plan
including the following measures:
a) Security cameras shall be installed and maintained in good condition and
used in an on-going manner with at least 120 concurrent hours of digitally
recorded documentation in a format approved by the City or g City's
designee The camera shall he in use 24 houfs per day 7—d ys per week The
areas to be covered by the security cameras include but are not limited to
the storage areas cultivation areas all (innrs and windows and any other
areas as determined by the City or the City's designee Remote log in
information shall be provided to the City and the Chief of Police to allow
them to view the security camera images and recordingNfrom their ma
cilities at any time Any disruption in security camera images shall be cured
expeditiously in good faith
b) The indoor medical marijuana cultivation facility shall be alarmed with an
alarm system that i5 operated and monitored by a reputable security
company.
c) Entrance to the cultivation area and all storage areas shall be locked at all
times, and under the control the indoor medical marijuana cu,ltimation
facility's staff.
17)The entrances and all window areas shall be illuminated during evening hours
The facility shall comply with the City5 lighting standards regarding fixture type
wattage,illumination levels, shielding etcetera and shall secure the necessary
lighting approvals and permits as needed,
18)All windows on the building that h_ ousel the indoor medical marijuana
cultivation facility shall be appropriately secured.and all marijuana secure
oe .
19)Recordings made by the security cameras shall he made available to the City,the
City's designee or law enforcement_upon verb request no search warrant or
subpoena shall beneeded to view the recorded materials
20)The City, the City's designee and law enforcement shall have the right to enter
the indoor medical marijuana cultivation facility at any time unannounced for
the purpose of making reasonable impections to observe and enhorc!Q
compliance with this Section and all laws of the City and the State
Sec. 5.05.120. Medical Cannabis Manufacturing Standards and Quality Control
Medical marijuana manufacturing within the City,shall be in conformance with the
following standards
1) Medical marijuana manufacturing facilities may be located within the same
building or structure as an indoor medical marijuana cultivation facility or a
medical medir.al marijuana dispensary site only if the medical marijuana manufacturing
_facility is located in separate rooms of the building Qr structure and only if the
16
medical marijuana manufacturing facility has its own Separate entrance into the
building or structure
2) Subject to the further requirements of this Section only State manufacturer
license classification type 6 level 1 will be allowed to operate in the City usin
nonvolatile solvents in act rdance with the MMR A and Business and
Professions Code sections 19300.7 an 19341
3) Medical marijuana manufacturing is allowed only within fully enclosed and
secure structures that arQnaccessible to minors
4) From any 12 lid right-of-way i-hnre shall be no visible exterior evidence of any
medical marijuana manufacturing activity.
5) Medical marijuana manufacturing s all opt adversely affect the health or safety
of the nearby resident„ by creating dust glare heat noise, smokQ.traffic
vibration or other impacts and shall not be hazardous dUeto use or storage of
materials,processes, products or wastes
b) All medical marijuana manufacturing facilities shall fully comb, wi X11 of the
applicable restdgions and mandates set forth in State law, All-medical
marijuana manufac uring facilities shalLcomply with all size r gyiremeats for
such facilities as imposed by State law, Medical marijuana manufacturing
facilities shall not engage in any activities not allowed by medical marijuana
manufacturing facilities pursuant to State law All medical marijuana
manufacturing facilities shall comply with all horticultural labeling processing
and other standards required by State law,
7) All medical marijuana shall be kept in a secured manner during all business and
nonbusiness hours
8) All medical marijuana manufacturing facilities shall operate within a legal
structure that-is compliant with all applicable State and local laws
9) All medical marijuana manufacturing facilities muss all applicable sales Ox es
pursuant to all federal State and local laws
10)On-site smoking, ingestion or consumption of marijuana or alcohol shall be
pro i ited on the premises of all medical marijuana manufacturing facilities Th
term `Premises"as used in this Subsection includes thn actual medical marjjuana
manufacturing building. as well as any accessory structures and parking areas,
The medical marijuana manufacturing facility building_entrance shall be clearly
and legibly posted with a notice Indicating that smoking ingesting or consuming
marijuana or alcohol on the premises or in the vicinity of the facility is
prohibited.
11)Signage for all medical marijuana manufacturing facilities shall be limited to
Dame of business only,shall be in compliance with the City's sign code and shall
contain no advertising g f any companies brands products goods or services,
Signage shall not include an�_r�g-related symbols
12)Alcoholic beverages Shall not be sold stored distributed or consumed on the
premises Medical marijuana manufacturing facilities shall not hold or maintaln
a license from the State Department of Alcohol Beverage Control to sell alcoholic
beverages, or operate a business that,sells alcoholic beverages. In addition,
alcoholic beverages shall not be provided stored kept located sold dispensed
or used on the premises of any medical marijuana manufacturing�
17
}
13)Physician services shall not be provided on thepremises,"Physician sexyices"
does not include social services, incl I iag counseling,help with housing and
meals hospice and other care referrals w ich maybe provided on site
14)The building jn which any medical marijuana manufacturing facility is located as
well as the operations as conducted therein shall fully comply with all appli a le
rules, regulations, and laws including but not limited to zoning and building
codes.the City's business license ordinances the Revenue and Taxation Code
the Americans with Disabilities Act, and the MMRSA Compliance with all
requirements of State law pertaining to medical marijuana manufacturing is also
required.
15)Medical marijuana manufacturing facilities shall not distribute,sell dispense,or
administer marijuana from the facility to the public Medical marijuana
manufacturing facilities shall not be operated as medical ]:he operators of all
medical marijuana manuf cturing facilities shall provide the City or the City
designee with the name. phone number,facsimile number, and email address o f
an on-site representative to whom the City and the public can rp ovide notice if
there are any operational problems associated with the medical marijuana
.manufacturing facility.All medical marijuana manufacturing facilities shall make
every good faith effort to encourage rpsic cnts and the public to call this
representative to resolve any operational problems before any calls or
complaints are made to the City or law enforcement
16)All medical marijuana anufacturing facilities shall be operated in accordance
with the conditions of approval associated with the applicable CUP for the parcel
of real property upon which the medical marijuana manufacturing activities
occur.
17)All medical marijuana manufacturing facilities shall have a security plan
including the following measures:
a) Security cameras shall be installed and Maintained in good condition and
used in an on-going manner with at least 120 concurrent hours of digitally
recorded documentation in a format approved.by thg!City or the City's
designee The cameras shall be in use 24 hours per day. 7 days per week The
areas to be covered by the security cameras inc lu e but are not limited to
the storage areas manufacturing areas all doors and windows and any other
areas as determined by the City or the City's designee Remote log-in
information shall be provided to the City and the Chief of Police to allow
them to view the security camera images and recordings from their own
facilities at any time Any disruption in security camera images shall be cured
expeditiously in good faith.
b) The medical marijuana manufacturing facility shall be alarmed with an alarm
system that is operated and monitored by a reputable security companx.
c) Entrance to the manufacturing area and all storage areas shall be locked at
all times and under the control the medical marijuana manufacturing
facility's staff.
18)The entrances and all window areas shall be illUminated during evening g hours
The facility shall comply with the City's lighting standards regarding fixture type
18
wattage,illumination levels, shielding, etcetera:and shall secure the necgssarX
lighting approvals and permits as needed
19)All windows on the building that houses the medical marijuana manufacturing
facility shall be appropriately secured and all marijuana securely stored.
20)Recordings made by the security cameras shall be made available to the City, the
City's designee, or law enforcement upon verbal request—no search warrant or
subpoena shall be view the recorded materials,
Sec. 5.05.130. Fees
1) The City Council is authorized to pass resolutions to recover any and all fees and
costs incurred by the implementation of this Chapter through an approPriate fee
recoyery mechanism to be imposed Upon medical cannabis businesses and their
operations.
Sec. 5.05.140.Annual Business License Tax Assessment.
1) Emery medical cannabis business,excepting a qualified"Nonprofit Or ag nization".
whether it_is organized or conducted.as a"not for profit"business.a"non-profit"
business, or a"for-profit" business, shall pay a separate business license tax at a
rate of five percent(5 %) of the gross receipts generated.
Sec, 5.05.150. Location Restrictions
1) No Medical Marijuana Business may be located in any Residential zone.
2) Medical Cannabis Businesses may only be located in an CG-1 zone (Commercial
.mineral). OIP zone (Office Industrial Park). or CR-2 zone (Commercial Regional-
2. gr CG-1 zone (Commercial General-1) designated of the San Bernardino
Municipal andlgr Development Code.
3) No Medical cannabis businesses shall be located within six hundred (600) feet of
any existing public school.
4) No Medical cannabis businesses shall be located within two hundred fifty(250)
feet of any existing church.
5) No medical cannabis dispensary may be located within two hundred fifty (250]
feet of any other permitted medical cannabis dispensary,,
6) All distances specified in this Section shall be measured in a straight line,
without regard to intervening structures, from the nearest point of the property
line to the nearest property line of those uses described herein:
Sec. 0.Violations and Penalties.
Any person,whether as principal, employee,agent,partner, City or its agent officer,
stockholder,or trustee or otherwise violating or causing the violation of any of the
provisions of this chapter shall be guilty of a misdemeanor, and any conviction
thereof shall be punishable by mine of not more than one thousand dollars
.($1,000.00) or by imprisonment for not more than six (6) months.or by both such
fine and imprisonment Any violation of the provisions of this chapter shall
constitute a separate offense for each and every day-during which such violation is
committed or continued.
19
l 1
0.Public
In addition to the penalties set forth in this chapter,any medical cannabis business
which is operating in violation of any provisions of this chapter is hereby declared
to constitute a public nuisance and as such maybe abated or enjoined from further
operation All costs Ig abate such public nuisance including attorneys' fees and
court costs shall be paid blithe permit holder of the medical cannabis business
Sec. 5,05,0180,Prohibited Operations and Nonconforming Use
All medical marijuana businesses'in violation of Health and Safety Code Section
11362.7 et serf and 11362.5 et sew this chapter,or any other applicable State law
are expressly prghjhited. It is w 1 for any medical cannabis business e c1jy.
or any agent employee or representative of such medical cannabis business to
permit any breach of peace therein or any disturbance of public order or decorum
by any tumultuous riotous or disorderly conduct on the premises of the medical
cannabis business or to violate any State law,or this chapter, No use which
purports to have distributed marijuana prior to the enactment of this chapter shall
be deemed to have been a legally established use under the provisions of the San
.B
B-rnard' o Zoning Code the San Bernardino Municipal Code or any other local
ordinance rule or regulation,and such use shall not be entitled to claim legal
nonconforming status.
SECTION 3. AMENDMENTS TO SAN BERNARDINO MUNICIPAL CODE CHAPTER
5.44,SECTION 5.44.050 IS AS FOLLOWS:
The People of the City of San Bernardino do hereby enact and ordain that Chapter
5.44,Section 5.44.050,entitled, Issuance of Permits, is hereby amended to read as
follows: (All underlined language is new and to be inserted.All language struck
through is to be deleted)
Section 5.44.050. Definitions
The Chief of Police shall either approve or deny the issuance by the City Clerk of
the permit to the applicant within forty-five days of the date that the copy of the
application is submitted to him. The Chief of Police may deny a permit on any of
the following grounds:
1. The operation will not comport with the peace,health,safety, convenience,
and general welfare of the public;
2. The application is not complete in that all requested information is not
supplied;
3. The operation has been or is a public nuisance;
4, The operation would be in violation of a City Ordinance ox state law ar-
fe4e,Rl4aw;
SECTION 4. AMENDMENTS TO SAN BERNARDINO DEVELOPMENT CODE
SECTION 19.06.026 IS AS FOLLOWS:
20
l
The People of the City of San Bernardino do hereby enact and ordain that Chapter
19.06.026,entitled,Medical Marijuana Dispensaries, Prohibited Uses, is hereby
deleted.
SECTION 5, CONSISTENCY WITH STATEWIDE REGULATION OF MARIJUANA
This chapter shall be read consistent with any statewide regulation of medical
marijuana that is rp omulgated by the California legislature or by voter approval in
the future In the event statewide regulation is ap ssed pursuant to the
decriminalization or legalization of marijuana for recreational use this chapter shall
govern the conduct of those business allowed to distribute marijuana under such
provisions to the fullest extent possible consistent with such statewide regulation
SECTION 6. SEVERABILITY
If any section subsection subdivision sentence clause phrase word or portion of
this initiative is for any reason held to be invalid or unconstitutional by the
decision of any court of competent,jurisdiction such decision shall not affect the
validity of the remaining portions of this Ordinance The People of the City of San
Bernardino hereby declare that they would have adopted this initiative and each
section subsection subdivision sentence clause phrase word, or portion thereof,
irrespective of the fact that any one or more sections subsections subdivisions
sentences,clauses, phrases words or portions thereof be declared invalid or
unconstitutional.
SECTION 7 MAJORITY APPROVAL:EFFECTIVE DATE:
This ordinance shall be effective only if approved by a majority of voters and shall
go into effect immediately upon passage.
SECTION Q. COMPETING MEASURES:
In the event that this measure and another measure or measures relating to the
.regulation of medical marijuana in the City of San Bernardino shall appear on the
same ballot the provisions of the other measures shall be deemed to be in conflict
with this measure In the event that this measure shall receive a greater number of
affirmative votes the provisions of this measure shall prevail in their entirety, and
the provisions of the other relating to the regulation of medical marijuana in the City
of San Bernardino shall be null and void.
SECTION 9. SPECIAL OR GENERAL ELECTION:
This initiative ordinance shall be set for a special or regular election at the earliest
time allowed by law.
21