HomeMy WebLinkAbout2016-176 Measure P (Amended 2016-169)
1 RESOLUTION NO. 2016-176
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDERING THE SUBMISSION OF A PROPOSED INITIATIVE
4 MEASURE TO THE ELECTORS OF SAID CITY AT A SPECIAL ELECTION TO BE
5 CONSOLIDATED WITH THE PRESIDENTIAL ELECTION OF NOVEMBER 8, 2016
6 WHEREAS,there is scheduled a statewide Presidential Election for November 8, 2016; and
WHEREAS, on July 5, 2016 the Mayor and Common Council requested that the City
8 Attorney prepare a marijuana regulatory ordinance for consideration at the meeting of August 1,
2016; and
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10 WHEREAS, pursuant to authority provided by Elections Code Section 9222 and the Charter
of the City of San Bernardino, the Mayor and Common Council desires to submit to the qualified
11 electors of said City an initiative measure proposing to replace Chapter 5.05 and repeal Section
19.06.026 of the San Bernardino Municipal Code relating to commercial marijuana activities; and
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13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That pursuant to Elections Code 9222 and the Charter of the City of San
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16 Bernardino, it is hereby ordered that the following initiative measure proposing to replace
17 Chapter 5.05 and repeal Section 19.06.026 of the San Bernardino Municipal Code be submitted
18 to the qualified electors of said City at a Special Election to be consolidated with the Presidential
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Election of November 8, 2016.
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21 SECTION 2. Special Municipal Election Called. A special municipal election is hereby
22 called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the
23 purpose of submitting to the qualified electors of the City, for their approval or disapproval, the
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new Marijuana Regulatory Ordinance as set forth in Exhibit "A" attached hereto.
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SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
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27 California Elections Code, the Mayor and Common Council of the City of San Bernardino
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I request that the Board of Supervisors of the County of San Bernardino consolidate the City's
2 special municipal election with the statewide general election to be held on November 8, 2016.
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The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
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5 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
6 closed, except as provided in Section 14401 of the California Elections Code.
7 SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution
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and is incorporated herein by this reference. Said measure shall appear upon the ballots for said
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Special Election in substantially the following form:
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11 MEASURE _ YES NO
COMMERCIAL MARIJUANA ACTIVITY.
12 Shall San Bernardino Municipal Code Chapter 5.05
and Section 19.06.026, which prohibit the sale,
13 possession, cultivation, use, and/or distribution of
14 marijuana be replaced and repealed and allow the
City of San Bernardino to regulate commercial
15 marijuana activity?
16 The measure shall be designated on the ballot by a letter printed on the left margin of the
17 square containing the description of the measure as provided in the California Elections Code.
18 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
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Bernardino is hereby authorized to canvas the returns of the special municipal election in all
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21 respects as if there were only one election with only one form of ballot. Results of said special
22 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
23 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of
24 the special municipal election which shall contain the following:
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A. The date of the election;
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27 B. The hours the polls will be open;
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1 C. That the last day for receipt of primary arguments for or against the measure has been
2 established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor,
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City Hall, 300 North "D" Street, San Bernardino, California;
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5 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
6 in the City Clerk's Office at the above location.
7 The City Clerk is directed to make arrangements to accept arguments and to arrange for
8 sample ballots, which shall include the text of the proposed Charter, in accordance with the
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California Elections Code. This notice may be combined with a notice of any other municipal
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11 election to be held on the same date.
12 SECTION 7. Conduct of Election. The special municipal election so called shall be held
13 in such precincts and at such polling places as shall be determined by the Registrar of Voters of
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the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
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16 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
17 holding of the consolidated election. The City Manager is hereby authorized to execute a
18 contract for services necessary for conducting the special municipal election. The City of San
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Bernardino recognizes that additional costs will be incurred by the County by reasons of this
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consolidation and agrees to reimburse the County for any such costs.
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22 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
23 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
24 San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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SECTION 9. Transmission of Ballot Measure. Pursuant to the California Elections
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27 Code, the City Clerk is hereby directed to transmit a copy of the Marijuana Regulatory Ordinance
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1 Ballot Measure, and all other necessary documents, to the City Attorney for purposes of
2 preparation of an Impartial Analysis.
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SECTION 10. That the City Clerk is authorized to expend the funds necessary to
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5 effectuate the purposes of this resolution.
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7 SECTION 11. CEQA. The Mayor and Common Council of the City of San
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Bernardino hereby find that the submission of this ballot measure to the voters is covered by the
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to general rule that CEQA applies only to projects which have the potential for causing a significant
11 effect on the environment. It can be seen with certainty that there is no possibility that this project
12 may have a significant effect on the environment, therefore, the activity is not subject to CEQA
13 under State CEQA Guidelines sec. 15061(b)(3).
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDERING THE SUBMISSION OF A PROPOSED INITIATIVE
2 MEASURE TO THE ELECTORS OF SAID CITY AT A SPECIAL ELECTION TO BE
3 CONSOLIDATED WITH THE PRESIDENTIAL ELECTION OF NOVEMBER 8, 2016
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6
15"' day of August, 2016, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
1 o BARRIOS X
11
VALDIVIA X
12
SHORETT X
13
14 NICKEL X
15 RICHARD X
16 MULVIHILL X
17
18 George n Hanna, C C, City Clerk
19 fir,
The foregoing Resolution is hereby approved this day of August, 2016.
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21
22 R. Carey Davis Mayor
City of San B rnardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25 By: 0,/. r-A
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5
2016-176
EXHIBIT "A"
1 AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN BERNARDINO
2 REPLACING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 AND
REPEALING SECTION 19.06.026 TO REGULATE THE ESTABLISHMENT
3 AND OPERATION OF COMMERCIAL MARIJUANA BUSINESSES
4 WHEREAS, Federal Law (codified at 21 U.S.C. Sections 801 et seq.,
5 entitled the "Controlled Substances Act" ("CSA') makes it unlawful to
manufacture, distribute, or possess any controlled substances, including
6 marijuana, which has, as a Schedule I drug under the CSA, a high potential for
7 abuse and no accepted medical value in treatment; and,
8 WHEREAS, at the General Election held on November 5, 1996, California
9 voters approved Proposition 215 (codified as Health and Safety Code Section
11362.5, and titled the "Compassionate Use Act of 1996" ("CUN')), which
10 provided that "Section 11357, relating to the possession of marijuana, and
Section 11358, relating to the cultivation of marijuana, shall not apply to a
11 patient, or to a patient's primary caregiver, who possesses or cultivates
12 marijuana for the personal medical purposes of the patient upon the written or
oral recommendation or approval of a physician;" and,
13
WHEREAS, On January 1, 2004, Senate Bill 420 (codified as Health and
14 Safety Code Sections 11362.7 et seq. and titled the "Medical Marijuana Program"
15 ("MMP") went into effect and was enacted to clarify the scope of the CUA and to
allow cities and counties to adopt and enforce regulations consistent with the
16 CUA and MMP; and,
17
WHEREAS, medical marijuana dispensaries that have operated
18 unpermitted in the City of San Bernardino and elsewhere have caused
significant problems, including burglaries and takeover robberies of dispensaries,
19 robberies of customers leaving dispensaries, an increase in crime (especially
20 thefts and robberies) in the vicinity of dispensaries, illegal reselling of marijuana
obtained from dispensaries, physicians issuing apparently fraudulent
21 recommendations for the use of marijuana, dispensary staff selling marijuana to
22 customers with obviously counterfeit patient identification cards, street dealers
attempting to sell marijuana to dispensary customers, dispensary customers
23 using marijuana and then driving under the influence of marijuana, the sale of
24 illegal drugs other than marijuana in the dispensaries, sales of marijuana to
minors; and
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WHEREAS, after studying various alternatives for the regulation of
26 marijuana businesses, considering testimony from members of the public, and
27 reviewing the legal status of marijuana businesses under applicable law, the
Mayor and Common Council find that the regulation and operation of marijuana
28 businesses is necessary to protect the public health, safety, and welfare; and
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2 WHEREAS, the City of San Bernardino has a compelling interest in
ensuring that marijuana is not distributed in an illicit manner, in protecting the
3 public health, safety and welfare of its residents and businesses, in preserving
the peace and quiet of the neighborhoods in which marijuana businesses operate,
4 and in providing compassionate access to medical marijuana to its seriously ill
5 residents.
6 NOW, THEREFORE, THE PEOPLE OF THE CITY OF SAN
7 BERNARDINO DO ORDAIN AS FOLLOWS:
8 SECTION 1. The People hereby adopt the recitals and findings set forth
above.
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10 SECTION 2. Section 19.06.026 of the San Bernardino Municipal Code is
hereby repealed in its entirety.
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12 SECTION 3. Chapter 5.05 of the San Bernardino Municipal Code is hereby
repealed in its entirety and replaced with the following'
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14 Chapter 5.05
COMMERCIAL MARIJUANA ACTIVITIES
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5.05.010 Purpose and Intent.
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17 It is the purpose and intent of this Chapter to regulate Commercial Marijuana
Activities in order to ensure the health, safety and welfare of the residents of the
18 City of San Bernardino. The regulations in this Chapter are in compliance with
19 the Compassionate Use Act, the Medical Marijuana Program Act, Medical
Marijuana Regulation and Safety Act and the California Health and Safety Code
20 (referred to as "State Law"). Commercial Marijuana Activities shall comply with
all provisions of the San Bernardino Municipal Code ("Code"), State Law, the
21 2008 California Attorney General Guidelines for the Security and Non-Diversion
22 of Marijuana Grown for Medical Use, and all other applicable local and state
laws. Nothing in this Chapter purports to permit activities that are otherwise
23 illegal under state or local law.
24 5.05.020 Definitions.
25
(a) "Accrediting body" means a nonprofit organization that requires
26 conformance to ISO/IEC 17025 requirements and is a signatory to
27 the International Laboratory Accreditation Cooperation Mutual
Recognition Arrangement for Testing.
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1 (b) "Applicant," for purposes of this Chapter means the following=
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3 (1) Owner or owners of a proposed facility, including all persons
or entities having ownership interest other than a security
4 interest, lien, or encumbrance on property that will be used by
5 the facility.
6 (2) If the owner is an entity, "owner" includes within the entity
each person participating in the direction, control, or
7 management of, or having a financial interest in, the proposed
8 facility.
9 (3) If the applicant is a publicly traded company, "owner" means
10 the chief executive officer or any person or entity with an
aggregate ownership interest of 5 percent or more.
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12 (c) "Cannabis" means the same as "Marijuana."
13 (d) "Commercial Marijuana Activity" includes cultivation,
manufacturing, processing, storing, laboratory testing, labeling,
14 transporting, distribution, or sale of marijuana or a marijuana
15 product.
16 (e) "Commercial Marijuana Activity Regulatory License" means an
official document granted by the City of San Bernardino that
17 specifically authorizes a person to conduct Commercial Marijuana
18 Activity in the City.
19 (f) "Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of marijuana.
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21 (g) "Delivery" means the commercial transfer of marijuana or marijuana
products from a Dispensary. "Delivery" also includes the use by a
22 Dispensary of any technology platform owned and controlled by the
Dispensary, or independently licensed under State Law, that enables
23 persons to arrange for or facilitate the commercial transfer by a
24 licensed Dispensary of marijuana or marijuana products.
25 (h) "Dispensary" means a facility where marijuana, marijuana products,
or devices for the use of marijuana or marijuana products are
26 offered, either individually or in any combination, for retail sale.
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(i) "Dispensing" means any activity involving the retail sale of
28 marijuana or marijuana products from a Dispensary.
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2 (j) "Distribution" means the procurement, sale, and transport of
marijuana and marijuana products between entities licensed
3 pursuant to this Chapter.
4 (k) "Distributor" means a person licensed under this Chapter to engage
in the business of purchasing marijuana from a licensed cultivator,
5 or marijuana products from a licensed manufacturer, for sale to a
6 licensed dispensary.
7 (1) "Cultivation site" means a facility where marijuana is planted,
grown, harvested, dried, cured, graded, or trimmed, or that does all
8 or any combination of those activities, that holds a valid license
9 pursuant to this Chapter.
10 (m) "Edible marijuana product" means manufactured marijuana that is
intended to be used, in whole or in part, for human consumption,
11 including, but not limited to, chewing gum.
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(n) "Manufacturer" means a person that conducts the production,
13 preparation, propagation, or compounding of manufactured
marijuana, as described in subdivision (o) of this Section, or
14 marijuana products either directly or indirectly or by extraction
15 methods, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis at a fixed location
16 that packages or repackages marijuana or marijuana products or
17 labels or relabels its container, that holds a valid local license
pursuant to this Chapter.
18
(o) "Licensee" means a person issued a license under this Chapter to
19 engage in commercial marijuana activity.
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(p) "Manufactured marijuana" means raw marijuana that has
21 undergone a process whereby the raw agricultural product has been
transformed into a concentrate, an edible product, or a topical
22 product.
23
(q) "Marijuana" means all parts of the plant Cannabis sativa Linnaeus,
24 Cannabis indica, or Cannabis ruderalis, whether growing or not; the
seeds thereof, the resin, whether crude or purified, extracted from
25 any part of the plant; and every compound, manufacture, salt,
26 derivative, mixture, or preparation of the plant, its seeds, or resin.
"Marijuana" also means the separated resin, whether crude or
27 purified, obtained from marijuana. "Marijuana" also means
28 marijuana as defined by Section 11018 of the Health and Safety
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I Code as enacted by Chapter 1407 of the Statutes of 1972.
2 "Marijuana" does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the
3 plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted
4 therefrom), fiber, oil, or cake, or the sterilized seed of the plant
5 which is incapable of germination. For the purpose of this Chapter,
"Marijuana" does not mean "industrial hemp" as defined by Section
6 81000 of the Food and Agricultural Code or Section 11018.5 of the
7 Health and Safety Code.
8 (r) "Marijuana concentrate" means manufactured marijuana that has
undergone a process to concentrate the cannabinoid active
9 ingredient, thereby increasing the product's potency.
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(s) "Manufacturing site" means a location that produces, prepares,
11 propagates, or compounds manufactured marijuana or marijuana
products, directly or indirectly, by extraction methods,
12 independently by means of chemical synthesis, or by a combination
13 of extraction and chemical synthesis, and is owned and operated by a
licensee for these activities.
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15 (t) "Marijuana product" means a product containing marijuana,
including, but not limited to, concentrates and extractions, intended
16 to be sold for personal use.
17 (u) "Nursery" means a licensee that produces only clones, immature
18 plants, seeds, and other agricultural products used specifically for
the planting, propagation, and cultivation of medical cannabis.
19 (v) "Person" means an individual, firm, partnership, joint venture,
20 association, corporation, limited liability company, estate, trust,
21 business trust, receiver, syndicate, or any other group or
combination acting as a unit and includes the plural as well as the
22 singular number.
23 (w) "Testing laboratory" means a facility, entity, or site in the City that
24 offers or performs tests of marijuana or marijuana products and that
is both of the following:
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(1) Accredited by an accrediting body that is independent from all
26 other persons involved in the marijuana industry in the state.
27 (2) Registered with the State Department of Public Health.
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1 (x) "Transporter" means a person issued a state license by the bureau to
2 transport medical cannabis or medical cannabis products in an
amount above a threshold determined by the bureau between
3 facilities that have been issued a state license pursuant to this
4 chapter.
5 (y) "Topical cannabis" means a marijuana product intended for external
use.
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7 (z) "Transport" means the transfer of marijuana or marijuana products
from the permitted business location of one licensee to the permitted
8 business location of another licensee, for the purposes of conducting
Commercial Marijuana Activity authorized pursuant to this
9 Chapter.
10 (aa) "Volatile Solvent" has the same meaning as the term used in
11 Business and Professions Code section 19314 at this time and as
may be amended from time to time.
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13 5.05.030 Scope of this Article.
14 This Chapter applies to any person currently engaged in a Commercial
Marijuana Activity in the City of San Bernardino, or who engages in a
15 Commercial Marijuana Activity after the effective date of this Chapter. Any
16 person engaging in a Commercial Marijuana Activity in the City of San
Bernardino shall operate in conformance with the operating standards set forth
17 in this Chapter to assure that the Commercial Marijuana Activity is in
18 compliance with State Law and to mitigate the adverse secondary effects from
the Commercial Marijuana Activity.
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20 5.05.040 License Required.
21 (a) It shall be unlawful for any person to engage in a Commercial
Marijuana Activity without a Commercial Marijuana Activity
22 Regulatory License issued by the City of San Bernardino pursuant to
23 the provisions of this Chapter.
24 (b) Engaging in a Commercial Marijuana Activity without a Commercial
Marijuana Activity Regulatory License includes establishing,
25 ownin g, managing, conducting, leasing to operating, causing,
26 permitting, aiding, abetting, suffering or concealing the fact of such
an act.
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28 (c) Commercial Marijuana Activity Regulatory License types issued by
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I the City of San Bernardino shall include:
2 (1) Type A for persons engaged in Cultivation, operation of a
3 Cultivation site and/or operation of a Nursery;
4 (2) Type B for persons engaged in manufacturing of Marijuana as
5 a Manufacturer and/or operation of a Manufacturing Site;
6 (3) Type C for persons engaged in the operation of a Testing
Laboratory;
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8 (4) Type D for persons engaged in Dispensing and/or operation of
a Dispensary; and
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(5) Type E for persons engaged in Transportation and/or
10 Distribution.
11 (d) A person holding of a Type A license may apply for a Type B license
12 for the same facility.
13 (e) A person holding a Type B license may apply for a Type A license for
14 the same facility.
15 (f) A person holding a Type C license may not apply for any other type
of license.
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(g) A person holding a Type D license may not apply for any other type
17 of license.
18 (h) A person holding a Type E license may not apply for any other t Yp o
19 of license.
20 (i) A separate license shall be required for each facility where a
Commercial Marijuana Activity is engaged in, even if it is an activity
21 covered by the same License Type and the same Licensee.
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5.05.050 Violations and Penalties.
23
24 (a) Any person causing, permitting, aiding, abetting, suffering or
concealing a violation of this Chapter shall be guilty of a
25 misdemeanor.
26 (b) Each and every violation of this chapter, and each day that a
27 violation continues, shall constitute a separate violation.
28 (c) The City Attorney, in his or her sound discretion, may prosecute a
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I violation of this Chapter as an infraction, rather than as a
2 misdemeanor, or reduce or agree to the reduction of a previously
filed misdemeanor to an infraction. Any person convicted of an
3 infraction under the provisions of this Chapter shall be punished by
a fine not exceeding one hundred dollars for the first violation, a fine
4 not exceeding two hundred dollars for a second violation within one
5 year, and a fine not exceeding five hundred dollars for a third
violation within one year. A fourth violation of this Chapter within
6 one year shall be charged as a misdemeanor and may not be reduced
7 to an infraction.
8 (d) Any person convicted of a misdemeanor under the provisions of this
Chapter shall be punished by a fine of not more than one thousand
9 dollars, or by imprisonment in the city jail or county jail for a period
10 not exceeding six months, or by both such fine and imprisonment.
11 (e) In addition to the penalties provided by this section, any person in
violation of this Chapter shall be subject to a civil fine pursuant to
12 the administrative citation provisions of Chapter 9.92 or civil
13 penalty pursuant to the administrative civil penalties provisions of
Chapter 9.93.
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(f) In addition to the penalties provided by this section, any violation of
15 this Chapter shall be deemed a public nuisance and may be
16 summarily abated by the City. The City may recover any nuisance
abatement costs and/or administrative fines relating to such
17 violations in accordance with Government Code Sections 38773.1
18 and 38773.5 in accordance with Chapter 8.30 of this Code.
19 5.05.060 Nonconforming Use.
20 Any person that at the time of the passage of this Ordinance has engaged in a
21 Commercial Marijuana Activity that does not comply with the requirements of
this Chapter must immediately cease the Commercial Marijuana Activity until
22 such time, if any, when it complies fully with the requirements of this Chapter.
No Commercial Marijuana Activity that existed prior to the enactment of this
23 Chapter shall be deemed to be a legally established use under this Code, and
24 such Commercial Marijuana Activity shall not be entitled to claim legal
nonconforming status.
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26 5.05.070 License Application
27 (a) Commercial Marijuana Activities are unique and their effect on the
surrounding area and City as a whole cannot be determined in
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I advance of a review of the application for a particular proposed
2 Commercial Marijuana Activity at a particular facility.
3 (b) Any person desiring a Commercial Marijuana Activity Regulatory
License required by this Chapter to engage in a Commercial
4 Marijuana Activity shall, prior to engaging in Commercial
5 Marijuana Activity, complete and file an application to the
Community Development Director on a form supplied by the
6 Community Development Department.
7 (c) The application shall be filed together with a nonrefundable fee as
g established by resolution of the Mayor and Common Council, to
defray the cost of processing the application and investigation
9 required by this Chapter. The application shall contain all of the
10 following:
11 (1) The address of the property where the Commercial Marijuana
Activity will occur;
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13 (2) A site plan describing the property with fully dimensioned
interior and exterior floor plans including electrical,
14 mechanical, plumbing, and disabled access compliance
pursuant to Title 24 of the State of California Code of
15 Regulations and the federally mandated Americans with
16 Disabilities Act;
17 (3) Exterior photographs of the entrance(s), exits(s), street
18 frontage(s), parking, front, rear and side(s) of the proposed
property;
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(4) Photographs depicting the entire interior of the proposed
20 property;
21 (5) If the property is being rented or leased or is being purchased
22 under contract, a copy of such lease or contract;
23 (6) If the property is being rented or leased, written proof that the
property owner, and landlord if applicable, were given notice
24 that the property will be used to engage in Commercial
25 Marijuana Activity, and that the property owner, and landlord
if applicable, agree(s) to said operations;
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(7) The name, home address, personal telephone number, title
27 and function(s) of each manager, employee, volunteer of the
28 Applicant etc.;
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2 (8) For each manager, employee, volunteer of the Applicant a
fully legible copy of one valid government issued form of photo
3 identification, such as State Driver's License or Identification
Card;
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5 (9) Identification of the form of the Applicant (individual,
corporation, LLC, etc.);
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(10) The name and address of the Applicant's current agent for
7 Service of Process;
8 (11) A copy of the Applicant's Board of Equalization Seller's
9 Permit;
10 (12) A copy of the General Operating Standards, listed in Section
5.05.130, and for Type D Applicants, a copy of the Dispensary
11 Operating Standards, listed in Section 5.05.140, containing a
12 statement dated and signed by the property owner and the
Applicant stating under penalty of perjury, that they read,
13 understand and shall ensure compliance with the
14 aforementioned operating standards;
15 (13) A detailed security plan;
16 (14) A detailed maintenance plan;
17 (15) Evidence that the Applicant has acquired all necessary land
use entitlements required under Title 19 of this Code,
18 including any necessary environmental approvals under the
19 California Environmental Quality Act ("CEQA');
20 (16) A statement dated and signed by the property owner and
21 Applicant stating under penalty of perjury that they have
sent via certified mail notice of their intent to seek a
22 Commercial Marijuana Activity Regulatory License to all
property owners of record owning parcels within 1000 feet of
23 the property where the proposed Commercial Marijuana
24 Activity will occur;
25 (17) A statement dated and signed by the property owner and
Applicant stating under penalty of perjury that the property
26 where the proposed Commercial Marijuana Activity will occur
27 complies with the location restrictions of Sections 5.05.150 and
5.05.160; and
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1 (18) Approval from the San Bernardino Police Department that
2 each manager, employee, volunteer of the Applicant listed in
(7) of this subdivision has passed a City administered
3 LiveScan background check.
4 (d) The Director of Community Development shall have one hundred
5 twenty (120) calendar days in which to review the application and
investigate the background of the Applicant. The Police Department,
6 Community Development Department, and the San Bernardino
7 County Fire Department shall inspect the proposed facility and shall
make separate recommendations to the Community Development
8 Director concerning compliance with the foregoing provisions.
9 (e) After the one hundred twenty (120) day review period, the Director
10 of Community Development may approve and/or modify a
Commercial Marijuana Activity Regulatory License in whole or in
11 part, with or without conditions, only if all of the following findings
12 are made:
13 (1) The application fee required by this Section has been paid;
14 (2) The application conforms in all aspects to the provisions of
15 this Chapter;
16 (3) The Applicant has not made a material misrepresentation or
omission in the application;
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18 (4) The Applicant has not had a Commercial Marijuana Activity
Regulatory License, or other similar license or permit denied
19 or revoked for cause by the City of San Bernardino or by any
other city, county, or city and county in or out of this state
20 within five (5) years prior to the date of the application;
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(5) The proposed Commercial Marijuana Activity would comply
22 with all applicable local and state laws including, but not
limited to, health, zoning, fire, and safety requirements;
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24 (6) The location, size, design, and operating characteristics of the
proposed Commercial Marijuana Activity will not create any
25 unavoidable significant adverse impacts to the environment
based on the CEQA review of the project, including significant
26 noise, traffic, odor, or other conditions or situations that may
27 be objectionable or detrimental or adverse to public health,
safety and welfare of the residents in the vicinity of the
28 proposed CMA facility; and
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2 (7) The proposed Commercial Marijuana Activity will not be
adverse to the public interest, health, safety, convenience, or
3 welfare of the City of San Bernardino.
4 05.05.080 License Expiration.
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A Commercial Marijuana Activity License shall automatically expire one year
6 after the license is issued unless renewed in conformity with Section 5.05.090. No
license granted herein shall confer any vested right to any person for more than
7 the above-referenced period.
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5.05.090 License Renewal.
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10 (a) Applications for the renewal of a Commercial Marijuana Activity
Regulatory License shall be filed with the Director of Community
11 Development at least sixty (60) calendar days before the expiration
12 of the current license but no earlier than ninety (90) days before the
expiration of the current license. Temporary licenses will not be
13 issued. Any Licensee allowing his or her license to lapse or which
license expired during a suspension shall be required to submit a
14 new application and pay the corresponding new application fees.
15
(b) Any Licensee desiring to obtain a renewal of his or her respective
16 license shall file a written application under penalty of perjury on
17 the required form with the Director of Community of Development
who shall conduct a review and investigation. The application shall
18 be accompanied by a nonrefundable filing fee established by
resolution of the Mayor and Common Council to help defray the cost
19 of the review and investigation required by this Chapter. A Licensee
20 shall be required to update the information contained in his or her
original license application and provide any new and/or additional
21 information as may be reasonably required by the Director of
22 Community Development in order to determine whether said permit
should be renewed.
23
(c) After the sixty (60) day review period, the Director of Community
24 Development may approve and/or modify the Commercial Marijuana
25 Activity Regulatory License renewal in whole or in part, with or
without conditions, only if all of the following findings are made:
26
(1) The license renewal fee required by this Section has been paid;
27
28 (2) The license renewal conforms in all aspects to the provisions of
12
I this Chapter;
2
(3) The Licensee has not made a material misrepresentation or
3 omission in the renewal application;
4 (4) The Licensee has not had a Commercial Marijuana Activity
Regulatory License, or other similar license or permit denied
5 or revoked for cause by the City of San Bernardino or by any
6 other city, county, or city and county in or out of this state
within five (5) years prior to the date of the renewal
7 application;
8 (5) The Licensee has complied with all applicable local and state
9 laws including, but not limited to, health, zoning, fire, and
safety requirements;
10
11 (6) The location, size, design, and operating characteristics of the
Commercial Marijuana Activity has not created any
12 unavoidable significant adverse impacts to the environment
based on the CEQA review of the project performed pursuant
13 to Section 5.05.070, including significant noise, traffic, odor, or
14 other conditions or situations that are objectionable or
detrimental or adverse to public health, safety and welfare of
15 the residents in the vicinity of the facility; and
16 (7) The Commercial Marijuana Activity has not been adverse to
17 the public interest, health, safety, convenience, or welfare of
the City of San Bernardino.
18
5.05.100 Revocation of License.
19
20 (a) The Director of Community Development may revoke or temporarily
suspend a Commercial Marijuana Activity Regulatory License if any
21 of the following findings are made:
22
(1) The annual regulatory fee required by Section 5.05.170 has
23 not been paid on the date it was due;
24 (2) The licensee has failed to substantially comply with each and
25 every provision of this Chapter;
26 (3) The licensee has failed to substantially comply with each and
every condition of the applicable land use entitlement for the
27 property;
28
13
1 (4) The licensee has made a material misrepresentation or
2 omission on a license application or application for license
renewal;
3
(5) The licensee has had a Commercial Marijuana Activity
4 Regulatory License, or other similar license or permit denied
5 or revoked for cause by the City of San Bernardino or by any
other city, county, or city and county in or out of this state
6 within five (5) years prior to the date of the revocation;
7 (6) The Licensee has failed to substantially comply with any
8 applicable local and state law including, but not limited to any
law relating to health, zoning, fire, and safety requirements;
9
(7) The location, size, design, and operating characteristics of the
10 Commercial Marijuana Activity has created an unavoidable
11 significant adverse impact to the environment, including
significant noise, traffic, odor, or other conditions or situations
12 that are objectionable or detrimental or adverse to public
health, safety and welfare of the residents in the vicinity of the
13 facility; or
14
(8) The Commercial Marijuana Activity has been adverse to the
15 public interest, health, safety, convenience, or welfare of the
16 City of San Bernardino.
17 5.05.110 Interpretation of the Director.
18 The Director of Community Development has the authority to make
19 interpretations of this Chapter.
20 5.05.120 Appeal of Decision or Interpretation.
21 (a) Any person shall have the right to appeal the Director's decision to
22 grant, deny, or revoke a Commercial Marijuana Activity Regulatory
License to the Hearing Officer of the City appointed in conformity
23 with Section 9.93.090 of the San Bernardino Municipal Code.
24 (1) The appeal shall be made to the Office of the City Clerk within
25 fifteen (15) days of the Director's decision.
26 (2) The Hearing Officer shall hold a hearing within thirty (30)
Z7 days of the date the appeal is filed with the Office of the City
Clerk.
28
14
1 (3) The Hearing Officer shall render a decision within ten (10)
2 days of the date the appeal is filed with the Office of the City
Clerk.
3
(4) The Hearing Officer shall review the Director's decision under
4 the abuse of discretion standard. The Hearing Officer shall
5 only reverse the decision of the Director if the Hearing Officer
finds that the Director's decision was arbitrary and capricious
6 and totally lacking in evidentiary support.
7 (b) Any person shall have the right to appeal any interpretation of this
8 Chapter made by the Director.
9 (1) The appeal shall be made to the Office of the City Clerk within
10 fifteen (15) days of the Director's interpretation.
11 (2) The Hearing Officer shall hold a hearing within thirty (30)
days of the date the appeal is filed with the Office of the City
12 Clerk.
13
(3) The Hearing Officer shall give deference to the Director's
14 interpretation on appeal.
15 5.05.130 General Operating Standards.
16
The following operating standards shall be applicable to all Licensees.
17
18 (a) All Commercial Marijuana Activities must occur within a building,
that is, indoors within a fully enclosed structure that includes solid
19 walls, and a ceiling, roof, or top.
20
(b) Any facility where the Commercial Marijuana Activity occurs shall
21 have lighting adequate to illuminate the exterior of the building, all
entrances and exits to the building, and all interior portions of the
22 building where Marijuana is located. The lighting shall be sufficient
23 to readily identify any individual committing a crime anywhere at
the location with the location's security camera system.
24
(c) Each Licensee, and all officers, managers, employees, volunteers and
25 agents of the Licensee shall complete a City-administered criminal
26 background check using LiveScan prior to engaging in a Commercial
Marijuana Activity. No Licensee, or any officer, manager, employee,
27 volunteer or agent of Licensee shall have been convicted of, or plead
28 guilty/no-contest to a felony, misdemeanor drug or weapon charge, or
15
I crime of moral turpitude within the previous five years.
2 (d) The facility, interior and exterior, shall be monitored at all times by
3 on-site or internet-based closed-circuit television. The camera and
recording system must be of adequate quality, color rendition and
4 resolution to allow the ready identification of any individual
5 committing a crime anywhere on or adjacent to the location. The
recordings shall be maintained for a period of not less than ninety
6 days and made available to the Police Department upon request. If
the recordings are not voluntarily made available, the Police
Department may obtain a warrant or other court order.
8
(e) At all times Marijuana is present, the facility shall have at least one
9 security guard on duty that is licensed, possesses a valid
Department of Consumer Affairs "security guard card," and has a
10 valid San Bernardino Business Registration Certificate.
11
(f) The facility shall have a centrally-monitored fire and burglar alarm
12 system.
13 (g) The facility shall contain a fire-proof safe.
14 (h) No recommendations from a doctor for medical marijuana shall be
15 issued at the facility.
16 (i) No sales of alcohol or tobacco may take place at the facility.
17 (j) No consumption of alcohol, tobacco, or Marijuana may take place at
18 the facility.
19 (k) The facility shall have sufficient odor absorbing ventilation and
exhaust system such that odor generated from the location where
20 the Commercial Marijuana Activity occurs is not detected outside
21 the property, anywhere on adjacent property or public rights-of-way,
or within any other unit located within the same building.
22
(1) No one under 21 years of age shall be permitted to enter the facility.
23
24 (m) The Licensee shall provide the name and phone number of an on-site
staff person to the Police Department and Community Development
25 Department for notification if there are operational problems at the
facility.
26
27 (n) The facility shall have posted in a conspicuous place near the
entrance a sign directing all complaints to a telephone number
28 provided by the City. The telephone number will be monitored by the
16
I City to receive complaints regarding Licensee. The City may submit
2 complaints to the Licensee. The Licensee shall respond within
twenty-four (24) hours to the City with how the Licensee has or will
3 respond to the complaint.
4 (o) The manufacturing of Marijuana Concentrate using Volatile
5 Solvents is prohibited.
6 5.05.140 Dispensary Operating Standards.
7 In addition to the General Operating Standards stated above in Section 5.05.130,
g Licensees holding a Type D License to engage in Dispensing or operate a
9 Dispensary shall comply with the following standards:
10 (a) If food or edible marijuana products are distributed, the Licensee
shall comply which all relevant State and Local Laws pertaining to
11 the preparation, distribution and sale of food.
12
(b) The Licensee shall have a second security guard to monitor the
13 immediate vicinity of the Dispensary to assure that patrons
immediately leave the Dispensary and do not consume Marijuana in
14 the vicinity of the Dispensary.
15
(c) Exterior signage shall be limited to one wall sign not to exceed ten
16 square feet in area and may not be externally or internally
illuminated. Interior signage or advertising may not be visible from
17 the exterior.
18 (d) Hours of Operation shall be limited to: Monday — Saturday 10 a.m. —
19 8 p.m. and Sunday 11 a.m. — 7 p.m.
20 (e) A Dispensary shall notify patrons of the following both verbally and
21 through posting of a sign in a conspicuous location:
22 (1) Use of medical marijuana shall be limited to the patient
identified on the doctor's recommendation. Secondary sale,
23 barter or distribution of medical marijuana is a crime and can
24 lead to arrest.
25 (2) That loitering on and around the Dispensary is prohibited by
California Penal Code § 647(e) and that patrons must
26 immediately leave the site and not consume Marijuana in the
27 vicinity of the Dispensary, on the property or in the parking
lot.
28
17
1 (3) Forgery of medical documents is a felony crime.
2 (4) A warning that patrons may be subject to prosecution under
3 federal marijuana laws.
4 (5) That the use of marijuana may impair a person's ability to
5 drive a motor vehicle or operate machinery.
6 (6) That no person under 21 years of age is permitted within the
Dispensary.
7
(f) A Dispensary shall not provide marijuana to any individual in an
8 amount not consistent with personal use.
9
(g) A Dispensary shall not store more than $500.00 in cash reserves
10 overnight at the facility and shall make at least one daily bank drop
11 that includes all cash collected on that business day.
12 (h) The Delivery of Marijuana or Marijuana Products is prohibited.
13 5.05.150 General Location Restrictions.
14 In addition to any zoning requirements under Title 19 of this Code, the following
15 location restrictions apply to all Licensees.
16 (a) A person may only engage in Commercial Marijuana Activity in the
17 following zones: OIP, IL, IH, and IE.
18 (b) No person may engage in Commercial Marijuana Activity in the
following zones: RE, RL, RS, RU, RM, RMH, RH, CO, CG-1, CG-2,
19 CG-3, CR-1, CR-2, CR-3, CR-4, CH, PCR, PF, PFC, PP, or SP.
20
(c) No person may engage in Commercial Marijuana Activity within 600
21 feet of the following:
22 (1) School;
23
(2) Park;
24
25 (3) Library; or
26 (4) Recreation Center.
27 (d) No person may engage in Commercial Marijuana Activity within 100
28 feet of any property zoned RE, RL, RS, RU, RM, RMH, or RH.
18
1
2 (e) No person may engage in Commercial Marijuana Activity within 100
feet of any Religious Facility.
3
5.05.160 Dispensary Location Restrictions
4
5 (a) In addition to the location restrictions found in Section 5.05.150, no
person may engage in Dispensing or operate a Dispensary within
6 1000 feet of any of the following:
7 (1) School;
8
(2) Park;
9
10 (3) Library;
11 (4) Recreation Center;
12 (5) Religious Facility; or
13 (6) Any other licensed Dispensary.
14 (b) No person may operate a Dispensary within 300 feet of any property
15 zoned RE, RL, RS, RU, RM, RMH, or RH.
16 (c) All distances specified in this Chapter shall be measured in a
17 straight line, without regard to intervening structures, from the
nearest point of the property line to the nearest point of the property
18 line of those uses described herein.
19 5.05.170 Fees.
20
In addition to the application fees established by this Chapter, the Mayor and
21 Common Council may pass by resolution a regulatory fee for each license type to
22 defray the reasonable regulatory costs to the City of San Bernardino for
performing investigations, inspections, audits, enforcing orders, and the
23 administrative enforcement and adjudication contemplated by this Chapter.
24 5.05.180 Amendments.
25
Pursuant to Section 9217 of the California Elections Code, the Mayor and
26 Common Council have reserved the right and authority to amend or repeal this
27 Chapter without any restrictions.
28 SECTION 4. MAYOR AND COMMON COUNCIL TO MAKE FUTURE
19
1 AMENDMENTS TO VOTER APPROVED ORDINANCE.
2
This is a Mayor and Common Council sponsored initiative ordinance which
3 traditionally would only be subject to amendment by the voters of the City of San
Bernardino. However, pursuant to Section 9217 of the California Elections Code
4 the Mayor and Common Council reserve the right and authority to amend or
5 repeal the ordinance without any restrictions.
6 SECTION 5. COMPETING MEASURES.
7
In the event that this measure and another measure or measures relating to the
8 regulation of marijuana in the City of San Bernardino appear on the same ballot,
the provisions of the other measure or measures shall be deemed to be in conflict
9 with this measure. In the event that this measure shall receive a greater number
10 of affirmative votes required to pass than the other measure or measures, the
provisions of this measure shall prevail in their entirety over the competing
11 measure or measures, and the competing measure or measures shall be null and
12 void.
13 SECTION 6. EFFECTIVE DATE.
14 After its adoption by the voters, this ordinance shall be in full force and effect ten
15 (10) days after the vote is declared by the legislative body, pursuant to the
provisions of Elections Code sections 9217 and 15400 and as provided by law.
16
17 SECTION 8. SEVERABILITY.
18 If any provision of this Ordinance or the application thereof to any person or
19 circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid
20 provision or application, and to this end the provisions of this ordinance are
severable. The People of the City of San Bernardino hereby declare that they
21 would have adopted this Ordinance irrespective of the invalidity of any particular
22 portion thereof.
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