HomeMy WebLinkAbout2016-178 Measure N (Amended 2016-167)
1 RESOLUTION NO. 2016-178
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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
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13 WHEREAS, on July 25, 2016 the Proponent turned in signed petitions to the City Clerk for
certification; and,
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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.
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19 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 the recitals and findings set forth above are hereby adopted and
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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.
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SECTION 3. Special Municipal Election Called. A special municipal election is hereby
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27 called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the
28 purpose of submitting to the qualified electors of the City, for their approval or disapproval, the
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1 San Bernardino Medical Cannabis Restrictions and Limitations Act as set forth in Exhibit "A"
2 attached hereto.
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SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
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5 California Elections Code, the Mayor and Common Council of the City of San Bernardino
6 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
7 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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remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
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11 closed, except as provided in Section 14401 of the California Elections Code.
12 SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution
13 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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16 MEASURE _ YES NO
COMMERCIAL MARIJUANA ACTIVITY.
17 Shall the San Bernardino Medical Cannabis
Restrictions and Limitations Act be enacted in the
18 City of San Bernardino?
19 The measure shall be designated on the ballot by a letter printed on the left margin of the
20 square containing the description of the measure as provided in the California Elections Code.
21 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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24 respects as if there were only one election with only one form of ballot. Results of said special
25 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
26 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of
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the special municipal election which shall contain the following:
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1 A. The date of the election;
2 B. The hours the polls will be open;
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C. That the last day for receipt of primary arguments for or against the measure has been
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5 established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor,
6 City Hall, 300 North "D" Street, San Bernardino, California;
7 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
8 in the City Clerk's Office at the above location.
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The City Clerk is directed to make arrangements to accept arguments and to arrange for
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11 sample ballots, which shall include the text of the San Bernardino Medical Cannabis Restrictions
12 and Limitations Act, in accordance with the California Elections Code. This notice may be
13 combined with a notice of any other municipal election to be held on the same date.
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SECTION 7. Conduct of Election. The special municipal election so called shall be held
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16 in such precincts and at such polling places as shall be determined by the Registrar of Voters of
17 the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
18 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
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holding of the consolidated election. The City Manager is hereby authorized to execute a
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21 contract for services necessary for conducting the special municipal election. The City of San
22 Bernardino recognizes that additional costs will be incurred by the County by reasons of this
23 consolidation and agrees to reimburse the County for any such costs.
24 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
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directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
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27 San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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1 SECTION 9. Transmission of Ballot Initiative. Pursuant to the California Elections
2 Code, the City Clerk is hereby directed to transmit a copy of the San Bernardino Medical
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Cannabis Restrictions and Limitations Act Ballot Initiative, and all other necessary documents, to
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5 the City Attorney for purposes of preparation of an Impartial Analysis.
6 SECTION 10. That the City Clerk is authorized to expend the funds necessary to
7 effectuate the purposes of this resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
2 CONSIDERING THE SAN BERNARDINO MEDICAL CANNABIS RESTRICTIONS
3 AND LIMITATIONS ACT, REQUESTING THAT THE SPECIAL ELECTION BE
CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED
4 ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR
THE ELECTION.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
8 15`" day of August, 2016, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ x-
12 BARRIOS x-
13 VALDIVIA X
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SHORETT x-
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16 NICKEL X
17 RICHARD X
18 MULVIHILL X_
20 George nn Hanna, CMC, City Clerk
21 The foregoing Resolution is hereby approved this ` day of August, 2016.
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�' 6/ 4.t57
23
R. Carey D is, Mayor
2 4 City of Sari/Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
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27 By• -�4�c�-�--
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5
LAW OFFICES qF
RANDALL T. LONGWITH
I I I N.HARBOR BLVD,SI'E.1) 1��..�: ; [;_) t;��'f ;^
U1 FULLER'1'ON,CA 92832 "
LONG��'r1'FIIe2\•VC!>�11�IL.(' )\t !} J
PH.714.606,6024 1016 ,1U1d 14 f�� '�: 3
FAX,714.459,7369
June 14,2016
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
1K hrine Maria Redmon at
32 5 Acacia Ave
San Bernardino CA 92405
Notice of Intent
EXHIBIT "A"
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.
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Affidavit and Acknowledgement
I, 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 San 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 1 will not knowingly or willfully allow
the signatures for this initiative to he used for any purpose other than qualification of the
measure for the ballot.
(Signature of Proponent)
Dated this /�I/ day of ,20,
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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 (MEDICAL,
MARIJUANA DISPENSARIES. PROHIBITED USES).
WHEREAS. in 1996 the California electorate approved Proposition 215.the
Compassionate Use Act ("CUA") of 1996, and codified as Health and Safety Code
Section 11362.5. et sea.) to exempt certain patients and their primary 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 Sg ety Code Section
11362.7 et seq.), 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 guidglipes 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_"Rohrlbacher-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 thQ new Medical Marijuana
Regulation and Safety Act(MMSRA) con is_sting of three separate bills:AB 266, AB
24.,&SB 643.The bill creates a comprehensive state licensing system for the
commercial cultivation,manufacture,retail sale. Iransport, distribution,delivery,
and testing of medical cannabis.
WHEREAS. Health &Safety Code Section 11362.83 provides that cities are free to
adopt and enforce local ordinances that regulate the location, operation,or
establishment of medical marijuana dispensaries and ultivation: and
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WHEREAS,nothing in this initiative shall bQ 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,
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 XL
Section 7 the authority under their police powers to regulate land use,
WHEREAS,the proposed initiative has been deemed categorically exempt pursuant
to Section 15305, Class 5 (Minor Alterations in Land Use Limitations] of the
California Environmental QualitXAct,
NOW 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 Limital;IQU 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 DISPE.NSAR CANNABIS BUSINESSES
Sec. 5.05.010. Medic-a! Mayij"^n^ Dispensaries Prohibited. purpose and Intent
it shall bee ulnIAWAXP-11 fo-v-any per-son or entity to establish, own, manage, COndUGt OF
operate any media! marijuana dispensary, as defined in Safi Bernardino Municipal
Code Section 19.06.026 �'n 4(Development derLo pa ti Gipate as an employee,
1 1 in any medical
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marijuana dic•v.nrnnrr in rl,n CityCity f c-,» Rornnrrl;„a The purpose of this Chapter is
to 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 meth al 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
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Marijuana Program Act of 2003, and the Medical Marijuana Regulation and Safety
Act(MMSRA),
The Chapter is not intended to permit activities that are otherwise illegal under
federal state or local law,Thj-s chap i<er is no Intended to conflict with federal or
state lgw.
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,an olunteer 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 individual person or responsible party representing—a
partnership corporation or limited liability company,seeking a cannabis
business permit under this Act.
2) "Attorney General Guidelines"shall rQ er to the California Attorney General
Guidelines for the Security and Non-diversion of Marijuana Grown for Medical
Use.
3) "Cultivation" or"marl uana cultivation" means the growing of medical cannabis
and industrial hemp for medical purposes as defined in strict accordance with
Health and Safety Code sections 113 ,.5 and 11362.7 et seq_
4) "Cultivation site"means a facility where medical caDnabis is cultivates]
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
Bernardino and a valid state license to cultivate marijuana as required by state
law
5) "Cultivator" means a person who engages 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 roducts 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 the
operation of a dispensary,and a valid state license as required by state law to
operate a dispensary.
7) "Dispensing" means any activity involving the retail sale of medical cannabis or
m,edical cannabis products from a dispensary_
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8) "Edible cannabis product" means manufactured cannabis that is intended to be
used in whole or in Part, for hummall consumption,An edible medical cannabis
product is not considered fool 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,which is secure against unauthorized
entry, provides complete visual 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 Services that document identifiQs a person authorized to engage in the
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 Marcel of land whether vacant or occupied by a building
group of buildings or accessory buildings and includes the buildings,structures
yards.opQn SD aces. lot width and lot area
13) "Live scan" means a system for inkless electronic fingerprinting and the
automated background check developed by the California Department of Justice
(DO1) which involves digitizing fingerprints and electronically transmittin"t
fingerprint image data along with personal descriptor information to computers
at the DOI for completion of a criminal record check or such other comparable
inkless electronic fingerprinting and automated background check rp ocess 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 fired
location that packages or repackages 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 City 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 preparl2s, propagates or
compounds medical cannabis or medical cannabis products 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 marijuana 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
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18)Nedical 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 11362,7 et seq .
19)"Medical cannabis business permit" means a regulatory permit issued by_the City
of San Bernardino pursuant to this Chapter to permit a medical ca#inabis
business to dispense cultivate and/or manufacture mediegl cannabis and is
required before any medical cannabis activity may be conducted in the City. The
initial permit and annual renewal of a medical cannabis business permit(s) is
made expressly contingent upon the business'ongoing compliance with all of the
requirements of this Chapter and any regulations adopted by the City governing
the medical cannabis 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. collQctiye, cooperative, or corporate entity,
22)"Permit" means the various regulatory licenses issued 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 written recommendation for a patient from-a
licensed medical doctor indicating that marijuana would be a beneficial
treatment fQr a serious medical condition of the patient.
25) "Primary caregiver"has the same definition as set forth in Health and Safety
Code section 11362.70. (e), and as may be amended.
26)"Qualified Applicant"means an individual or entity applying for medical
cannabis business nermit(s) who has successfully fulfilled the requirements of
.subsections a) through(a) of Section 5.05.05 of this Chapter.
27)"Qualified Patient" has the same definition as set forth in Health and Safety Code
section 11362.7(fl.
Sec. 5.05.040. Medical Cannabis Business Permit
Prior to initiating operations as a medical cannabis business, including the
dispensing, cultivating, manufacturing or any combination thereof, 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 of a
medical cannabis business include:
1) Substantial adherence to each and every rrequi-ement of this Chapter.
2) Maintaining with the city current and valid contact information of the owner(s)
of the medical cannabis business.
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3) Maintaining with the city current and valid contact information of a legal
representative of the medical cannabis business
Sec, 5.05.050.Applications for Medical Cannabis Business Permits
The owner of a proposed medical cannabis business shall file an application with the
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 amount
established by a resolution of the City.
Aq.ualified applicatiQn 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 QWned or leased the property(s) for a minimum of
six (C)months prior to the application for the permit(s). If the propertv(sl
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 the Americans with Disabilities Act. Any improvements or
alterations to the property which requiro building permits must be submitted to
the Building and Safety Division separately for review/approval.
5) Exterior photographs of the entrance(s), exit(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 gglgy coj2y 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 uniUcorporated 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 f State Articles of Incorporation, Certificate(s) of
Amendment, Statement(s) of Information and a copy of the Collective's B, ly aws
or any other verifiable proof acceptable by the Cites
9) Applicant must provide a current Board of Equalization Seller's Permit.
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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 possessgd a license to
sell nursery stock in California for a minimum of six (6] months prior to
submitting application.
12)ApplicantO must not have suffered any felony convictions within the last 4
ears.
13)A secures plan including the following measures:
a) Security cameras s gll be installed and maintained in good condition,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 b@ 1p�;lted at all times,and under the control of
!2ml2loyees with current and valid employee permits.
d) Interior Lighting. The premises within which the medical cannabis business
is operated shall be equipped yz th 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 pace 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
between sinset and sunrise, shall remain illuminated with fixtures of
sufficient intensity and number to illuminate every portion of the pro ep_rty
with an illumination level of not less than one foot-candle as measured at the
ground level, including, but not limited to,landscaped areas, ap rking 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 a
reliable. commercial alarm system ll be installed and maintained.
14)A�statgmont 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 provisions)in any other Sections) of the San
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.
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2) Notwithstanding any conflicting provision(s) in any other Sections) of the Sari
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 requirements 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 days of the date of adoption of this
Chapter.create registration application forms and instt-rctions 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
clays 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 shall publish, on the
City's website and once in a daily newspaper of general Qirculation,the date,
time, and manner on and in which collecti_mps 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) A5 each applicant submits its application for permit(s) and fee(s) pursuant to
this Chapter, the City or its agent shall time-stamp the 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 agents all stop accepting applications and
shall that day establish a rp iority list that identifies by name, address, date and
time the order in which applications were received.The order in which
applications were received 5hll be the order in which the City or its agent shall
process them.A collective or cooperative may only be assigned one place on the
priority list,and multiple submissions will result in immediate disqualification
from the registration process.
5) Within seven calendar days of establishing the priority list, the City or its agent
shall publish the rp iority list on the City's website and Qnce 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 usepermits
required pursuant IQ Section 5.05.08 of this Chapter,a new date and time will be
set for submission of additional applications following the process set forth
herein, but not more frequently than once eycry 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�y Section 5.05.050 of this
Chapter,
8
\ l /
Sec. 5.05.080. Action on Applications for Permits
This section shall govern actiQp on all applications for all permits provided for in
this Chapter.
1) Upon the receipt of an application for a permit the City or its agent shall as a
ministerial duty,complete processing and issue requested ep rmit(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 rp ocess: gr
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 giver or qualified patient or the legal
representative of the medical cannabis business-, or
e) The applicant or any person who is managing or is other3yise responsible for
the activitles 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 deny the application for
Permit in writing stati0g the reasons for denial within 30 calendar days of
receipt of the application the application shall be deemed qualified and
complete and the Permit(s) deemed issued and thus deemed eligible for a
Certificate of Qccul2ancy and gross receipts business license as below.
3) Once all available andlor-reqi4ired permits are issued or deemed issued no
applications will be accepted or considered until such time as additional permits
are made available,When 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 registratj:Qn 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 fora Certificate of Occupancy,
which shall be issued as a ministerial duty within 30 calendar days to be tolled
if,and only if.reauested 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 appikants allowed
time as they request to complete any work required-per inspection. The
Certificate of Occupancy shall issue without regard-to any parking requirements
which shall be deemed met or waived. If the Certificate of Occupancy is not
issued or denied in a writing stating the grounds therefore in this time it shall
be deemed issued,
9
3
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 Qf 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 marij go
uana business permits in Qach 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 theme Council.
Sic. 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 be part of the
conditions of approval on the permit for a medical cannabis business to ensure that
its operation is in compliance with California law,the AttQrney General Guidelines,
and the San Bernardino Municipal Code, and to mitigate any potential adyerse
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 locatioll 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) Rgcords.
a) MediCa1 cannabis businesses shall maintain records reflecting
b) The full name, address,and telephone number(s) Qfthe owner and/or lessee
of 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 whom 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 for the use of the
medical cannabis business, and maintain a written copy of the physician's
referral for the member,
f) copoy of the medical cannabis business' commercial gel3gral liability
insurance policy and all other insurance policies related to the operation of
the medical cannabis business.
g) Proof of a valid and current permit issued by the city in accordance with this
chapter. Every medical cannabis business shall display at all times during
business hours te permit issued pursuant to the provisions of this chapter
in a conspicuous place so that it may be 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 felony 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 maintained 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 to 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 plants allowed per qualifled
patients and persons with identification cards and/or primary caregivers.
5) NQ Recommendations On-site.
a) A medical cannabis business shall not have a physician or an attending
physician at the location of the medi-Gal cannabis business to evaluate
patients or provide a Lecommendation for medical marijuana.
6) Signage,
a) The following signs in measurements of not less than eight(8) by ten (IQ.)
inches shall be clearly and legibly posted, osted in a conspicuous location inside the
medical cannabis business where they will be visible to members in the
normal course of a transaction, stating:
i) "Use of medical marijuana shall be limited to the.patient iden�ti#ied on the
doctor's recommendation Secondary sale, barter or distribution of
medical marijuana is a crime and can lead to arrest."
ii) "Loitering on and around the collectiye siloisprohibited 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 marijuana laws "
v) "Use of medical marijuana may impair a person's ability drive motor
vehicle or operate machinery."
vi) "Smoking, ingesting or consuming marijuana on this property or within
20 feet of the medical cannabis business is prohibited."
vii)"Minors are prohibited from entering this properly 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
State 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 when sucb is v ilabl 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
members or qualified patients.
9) Labeling.
a) Any medical cannabis provided to members shall be properly labeled,
b) A distinct 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 properly labeled opaque (non see-through)
package before it leaves the medical cannabis business.
10)Edibles
a) All medical marijuana edibles shall comply with the California Sherman Food.
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Drug and Cosmetic Law, as codified in section 109875 et seq. 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 an
other non-refrigerated type items are acceptable for manufacture and
sale at a medical cannabis business.
11)Signage.
a) Signs on the premises shall not obstruct the entrance or the video
surveillance system The size location,and design of any signage muss:
conform tot 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 appropriate
training for their intended duties to ensure understanding of rules and
procedures regarding maintaining compliance by the operation with State
and local law.
13)Operating Hours for 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 Restrictions.
a) Smoking ingesting or cgnsuming marijuana at the location of the medical
cannabis business or within 20 feet of the medical cannabis business is
prohibited.
15)Ko Minors.
a) No one under 21 ,years of age shall be permitted to enter establishment
unless such person is a qualified 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 vgntilation 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
cannabis business if the use only occupies a portion of a building_
17)Insurance.
a) A medical cannabis business shall.carry with minimal coverage 1rovided of
comprehensive commercial general liability insurance and comprehensive
automotive liability insurance (if automobiles are used blithe medical
cannabis business for any purpose) protecting the medical cannabis business
in an amount of not less than one million dollars ($1,000.000.00) per
occurrence, combined single limit,including bodily injury and property
damage and not less than one million dollars ($1,000,000.00) aggregate for
each personal injury liability,products liability and each accident,
18)Delivery of Medical Marijuana to Members
a) All employees who provide delivery of medical marijuana from a medical
cannabis business to a member located outside the medical cannabis
business location must have a valid idfutlfication card at all times with the
employee while the delivery is being made.
Sec. 5.05.110. Medical Cannabis Cultivation 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 manufactu lug
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, one the following State
cultivator license classification types specified in the MMRSA and Business and
Professions Code sections 19300.7 and 14332 will be allowed to operate in the
City: M 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 exterigr 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 storage of
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 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 indoor medical marijuana cultivation facilities shall operate within a legal
structure that is compliant with all applicable State and local laws
9) All indoor medical marijuana cultivation facilities must pay all applicable sales
taxes pursuant to all federal State, aa-l-o a laws.
10)On-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 ubsection includes the actual indoor
medical marijuana cultivation building as well as any accessory structures and
narking areas, The indoor medical marl.. 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.
1lSignage 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 cQn5umed on the
premises. Indoor medical marijuana cultivation facilities shall not hold or
maintain a license from the State Department of Alcohol Beverage Control tQ 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 mgy be provided on site
14)The 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 limited to zonjng
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
1S
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)AIl 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 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 include but are not limited to
the storage areas, cultivation areas.all doors and windows and any other
areas as determined by the City or the City's designee. Remote log-in
information hall be provided to the City and the Chief of Police to allow
thQm to view the security camera images and recordings from their own
facilities at any time.An d�isru_ption in security camera images shall be cured
expeditiously in gQod faith,
b) The indoor medical marijuana cultivation facility shall be alarmed with an
alarm system that i5 gperated 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 cultivation
facility's staff.
17) lie entrances and all window areas shall be illuminated during evening hours.
The facility shall comply with the City's lighting standards regarding fixture type
wattage,illumination levels, shielding,etcetera, and shall secure the necessary
lighting approvals and permits as needed.
18)AIl windows on the building that houses the indoor medical marijuana
cultivation facility shall be appropriately iately secured and all marijuana securely
stored.
19)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 0
subpoena shall be needed to view the recorded matgrials
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 inspections to observe and enforce
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 marijuana dispensary site only if the medical marijuana manufacturinE
facility is located in separate rooms of the buildings 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 gnly_State manufacturer
license classification type 6 level Z will be allowed to operate in the City using
nonvolatile ens in accordance with the MMRSA and Business and
Professions Code sections 19300.7 and 19341.
3) Medical marijuana manufacturing is allowed only within fully enclosed and
secure structures that are inacceNsible to minors.
4) From any public right-of-way.there shall be no vL ble exterior evidence of any
medical marijuana manufacturing activity.
5) Medical marijuana manufacturii i3g 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 storage o
materials, processes, products, or wastes.
6) All medical marijuana manufacturing facilities shall fully comply with all of the
applicable restrictions and mandates set forth in State law,All medical
marijuana manufacturing facilities shall_comply with all size requirements for
such acilitles 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, processim
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 gll applicable State and local laws.
9) All medical marijuana manufacturing facilities must pay all applicable sales taxes
pursuant to all federal. State, and local laws.
10)On-site smoking,ingestion, or consum tip on of marijuana or alcohol shall be
prohibited on the premises of all medical marijuana manufacturing facilities.The
term "premises" as used in this Subsection includes the actual medical marijuana
manufacturing building,as well as any accessory structures and parking areas.
The medical marijuana manufacturing facility building entrance shall be clean
and legibly 12osted 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
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. Medical marijuana manufacturing facilities shall not hold or maintain
a ligense from the State Department of Alcohol Beverage Control to sell alcoholic
beverages, or operate a business that yells alcoholic beverages. In addition,
alcoholic beverages shall not be provided, stored,kept,located,sold,dis ep nsed,
or used on the premises of any medical marijuana manufacturing facility,
17
13)Physician services shall not be provided on the premises, "Physician services"
does not include social services including counseling helhelp with housing and
meals,hospice and other care referrals which maybe provided on site
14)The building in which any medical marijuana Manufacturing facility is located as
well as the operations as conducted therein,shall fully comply with all applicable
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 'Si. 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 The opgrgtors of all
medical marijuana manufacturing 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
ere are any operational problems associated with the medical marijuana
manufacturing facility. All medical marijuana manufacturing facilities shall make
every good faith effort to encourage residents and the publip 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 manufacturing facilities shall be operated in accordance
with_the conditions of approval associated with the applicable CUP for the parcel
of real property pon 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 ink format approved by the 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 include, but are not limited to,
e 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 company_.
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 durirlg evening hours.
The facility shall comply with the City's lighting standards regarding fixture types.,
18
wattage illumination levels shielding etcetera and shall secure the necessary
li htin r als and permits a ee ed,
19)All windows on the building that houses the medical mari'juana manufacturing
facility shall be-appropriately c re d 1 securely stored.
20)Recordings ade by the security cameras shall be made available to the City, the
Cfty-'E designee, or law enforcement upon verbal request—no search warrant or
subpoena shall be to view the recorded materials,
Sec. 5.05.130. Fees
1) The City Council is authorized to pass resolutions to recover auy and all fees and
costs incurred by the implementation of this Chapter through an approprigte fee
recovery mechanism to be imposed upon medical cannabis businesses and their
operations,
Sec. 5.05.140,Annual Business License Tax Assessment,
1) Every medical cannabis business, excepting a qualified"Nonprofit Organization
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
General). OIP zone (Office Industrial Park), or CR-2 zone (Commercial Regional -
2. or CG-1 zone (Commercial General-1) designated of the San Bernardino
Municipal and/or_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 locatQCLVyithin two hundred fifty(250)
feet of any existing church.
5) No medical cannabis dispensary may be located within two hundred fib(250)
feet of any gther 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. 5.05.0160.Violations and Penalties.
Any person,whether as principal,employee agent,partner. City or its agent, officer,
stockholder,or trusteQor otherwise,violating or causing the violation of any of f 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
($1.000.00) or by imprisonment for not more than six (b) months,or by both such
fine and imprisonment.Any violation of the provisions of this chapter shall
constitute a separate offense for each and every day during which such violation is
committed or continued.
19
l l
Sec. 5.05.0170. Public Nuisance;
In addition to lie penalties set forth in this chapter,any medical cannabis business
which is operating in violation of any provisions of this chapter is hereby declared
to constitute a public nuisance and as such maybe abated or enjoined from further
operation All costs to abate such public nuisance including attorneys` fees and
court costs shall be paid the permit holder of the medical cannjjb i$> u�iness
Sec. 5.05.0180,Prohibited Operations and Nonconforming Use
All medical marijuana businesses in violation of Health Ind Safety Code Section
11 362.7 et seq.and 11362,5 et seq.,this chapter,or any other applicable State law
are expressly prohibited It is unlawful for any medical cannabis business in the city
or any agent, employee qr 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 Iayz. 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
Bernardino Zoning Code.the San Bernardino Municipal Code, or any other local
ordinance,rule or regulation, and such use shall not 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 or state law or-
fed-&YI--law;
SECTION 4, AMENDMENTS TO SAN BERNARDINO DEVELOPMENT CODE
SECTION 19.06.026 IS AS FOLLOWS:
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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 passed 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 op ssible consistent with such statewide regulation
SECTION 6. SEVERABIL1TY
It any section subsection subdivision sentence,clause phrase word or op rtioti 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 grdinance shall be effective only if approved by a majority of voters and shall
go into effect immediately upon passage.
SECTION 8. 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 bylaw.
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INITIATIVE MEASURE TO BE SUBMITTED DI T , YQiTHE VOTERS
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The City Attorney of the City of San Bernardino has prepared the following title and
summary of the chief purpose and points of the proposed measure:
BALLOT TITLE
A Proposed Measure Establishing Regulations for Permitted Medical Marijuana Businesses
within the City of San Bernardino and Repealing Existing Municipal Code Provisions
Prohibiting Medical Marijuana Uses.
BALLOT SUMMARY
This measure, titled "The San Bernardino Medical Cannabis Restrictions and Limitations Act"
("SBMCRLA") would repeal the City of San Bernardino's ban on certain marijuana uses and
would establish regulations for the location, operation, and permitting of marijuana uses in the
City of San Bernardino("City").
The Mayor and Common Council, citing public health and safety concerns regarding marijuana
uses and concerned about the status of state and federal law, passed Ordinance No. MC-1349
("Ordinance") in 2011 prohibiting marijuana uses within the City. The Ordinance makes the
establishment or operation of marijuana uses unlawful subject to administrative fines,
misdemeanor criminal prosecution, or civil nuisance abatement.
The SBMCRLA would repeal this ban and establish regulations for marijuana businesses. Under
this measure at least 20 marijuana businesses would be permitted to operate in the City, The
number of permitted marijuana businesses will increase as the population of the City increases.
Marijuana businesses would be permitted in certain commercial and industrial zones of the City
but prohibited from operating in residential zones. Marijuana businesses would also be
prohibited from operating within certain distances from public schools and churches.
The measure would establish standards for marijuana dispensaries including regulations for
security, records, employees, volume of marijuana, signage, quality, labeling, edible marijuana
products, employee training, operating hours, odor abatement, insurance, and delivery. Medical
recommendations, alcohol use, and marijuana use would be prohibited on the premises of a
marijuana dispensary.
The measure would establish standards for cultivation and manufacturing. Cultivation would be
limited to indoor and mixed-light cultivation as defined under state law. Outdoor cultivation
would be prohibited. Manufacturing with volatile solvents would also be prohibited.
The Mayor and Common Council would be authorized to set fees by resolution to recover costs
of administration and enforcement of the SBMCRLA. In addition, all marijuana businesses
would pay a business license tax to the City of five percent(5%)of gross receipts.
EXHIBIT "B"
The measure would amend Chapter 5.44 of the Municipal Code regarding permits for Coin-
Operated Game Machines. The current language allows the Chief of Police to deny a permit for a
coin-operated game machine if the proposed operation would violate local, state or federal law.
The amended language would remove the reference to federal law.
CERTIFICATION
This ballot title and summary are hereby submitted to the elections official in conformance with
Section 9203 of the Elections Code of the State of California.
Dated: June 27,2016 \�
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Gary D. Saenz
City Attorney
Atte t:
Georgeantoianna
City Clerk
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