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HomeMy WebLinkAbout06.A- City Clerk 6.A RESOLUTION (ID # 4576) DOC ID: 4576 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Election From: Georgeann "Gigi" Hanna M/CC Meeting Date: 08/01/2016 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Election for the Purpose of Considering the San Bernardino Medical Cannabis Restrictions and Limitations Act, Requesting that the Special Election be Consolidated with the Presidential General Election Conducted on November 8, 2016 and Authorizing the Expenditure of Funds for the Election. (#4576) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>> Account Description: <<Insert Account Description>> Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Motion: Adopt the Resolution. Background: On June 14, 2016, a Notice of Intent to Circulate a Petition was filed in the City Clerk's office by a proponent of the San Bernardino Medical Cannabis Restrictions and Limitations Act. This set off a series of actions that are outlined in the attached Initiative Process Outline, which is a cheat-sheet of sorts that explains how the City's Municipal Code, Charter and the State Election Codes combine to create deadlines for the process. On June 27, the City Attorney provided a Ballot Title and Summary (attached) to the proponents. They published their notice of intent to circulate petitions in the Sun Newspaper on July 5 and began circulating petitions shortly thereafter. On June 25, the proponents turned in 593 petitions, with approximately 7,016 signatures, to the City Clerk's Office for review. The City Clerk did an initial analysis and turned the petitions over to the San Bernardino County Registrar of Voters (ROV) on Monday, July 25, asking that the ROV do a sample check of the signatures to verify sufficiency. State law allows a three percent or 500 signature sample to determine sufficiency of a sample. The Mayor and Common Council have two options: Pa" Updated: 7/26/2016 by Jolena E. Grider B acket Pg.482 .6.A 4576 Pass such ordinance without alteration within 20 days after the Certificate of Sufficiency is issued. If the ordinance is passed by Council, but vetoed by the Mayor, and on reconsideration shall fail of passage by the Council, then, within 5 days after determination that said ordinance shall have so failed of final adoption, the Council shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people; OR Proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people. The cost of this special election has not yet been determined by the Registrar. However, as this would be consolidated with the Presidential election, the costs would be less than a stand-alone special election. The Clerk estimates the cost to be $65,000 to $100,000, based on previous elections. This amount is included in the elections budget for 2016-17. City Attorney's Office Note: This item has been added to the agenda prior to the City Clerk determining whether the petition has sufficient signatures to qualify for the ballot. The ROV has indicated that their analysis of the signatures should be concluded prior to the MCC Meeting. If the ROV analysis indicates the petition has sufficient signatures, the City Clerk will attach her certificate prior to submitting the petition to the Mayor and Common Council at the meeting. If the ROV's analysis is not completed, or the analysis indicates an insufficient number of signatures, the item will be pulled. City Attorney Review: Supporting Documents: Reso Redmon (DOC) sbmcrla_text (PDF) BallotTitleSummary (PDF) Petition receipt (PDF) Updated: 7/26/2016 by Jolena E. Grider B Packet Pg.483 777 East Rialto Avenue, San Bernardino, CA 92415 Phone: 909.387.8300 Fax: 909.387.2022 ,vtv�,0 011 rftygov » � � « `' Elections Office of the Michael J.Scarpello COUNTY Registrar of Voters Registrar of Voters August 1, 2016 Georgeann 'Gigi' Hana City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Re: Initiative Petition Dear Ms. Hana, As per your request dated July 25, 2016, the San Bernardino County Elections Office has examined the petition entitled"The San Bernardino Medical Cannabis Restrictions and Limitations Act." As a result of our examination,we report the following: Raw count 6,963 Signatures verified 500 Signatures found valid 386 Signatures not found valid 114 Sincerely, Michael J. Scarpello Entered Into ec. at MCC Mtg- Registrar of Voters b Agenda Item No•• by' MS:mm city Clerk C'�ty of San Bemardino August 1, 2016 I, Georgeann Hanna, City Clerk of the City of San Bernardino, do hereby certify that there are sufficient valid signatures on the petition entitled "The San Bernardino Medical Cannabis Restrictions and Limitations Act" to qualify for the November 8, 2016 ballot. Georgeann nna Entered Int R . at MCC Mtg-4z/� by Agenda Itein N b _ City Clerk City of San Bernardino 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF 3 CONSIDERING THE SAN BERNARDINO MEDICAL CANNABIS RESTRICTIONS 2 4 AND LIMITATIONS ACT, REQUESTING THAT THE SPECIAL ELECTION BE m CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED ° 5 ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR Q 6 THE ELECTION. o 7 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 J 8 incorporated herein by this reference,with the City Clerk for the San Bernardino Medical Cannabis Restrictions and Limitations Act(the"Initiative"); and 9 N c 0 10 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 y 11 � WHEREAS, on July 25, 2016 the Proponent turned in signed petitions to the City Clerk for 12 certification; and, c c 13 c° WHEREAS,the City Clerk,having reviewed the signatures,has issued her certification that v 14 the petition has the number of signatures required to submit an initiative to the Mayor and Common 2 Council pursuant to Section 120 of the Charter of the City of San Bernardino; and 15 0 16 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. 17 m NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON m 1e COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: N 19 Q SECTION 1. That the recitals and findings set forth above are hereby adopted and 20 c�c LO 21 incorporated herein by this reference. c 22 SECTION 2. That the San Bernardino Medical Cannabis Restrictions and Limitations Act o E m 23 shall be submitted to the voters at a Special Election. 0 24 SECTION 3. That the Registrar of Voters consolidates the Special Election called for by c 25 this resolution with the Presidential Election on November 8, 2016. 26 a 27 SECTION 4. That the City Clerk is authorized to expend the funds necessary to Q 28 effectuate the purposes of this resolution. [-Packet,,Pg.484 x 6:A.a 1 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 c CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED 2 4 ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR 0° THE ELECTION. 5 Q 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and o R 7 Common Council of the City of San Bernardino at a meeting thereof, held on the J 8 day of , 2016,by the following vote, to wit: c 9 N _ Council Members: AYES NAYS ABSTAIN ABSENT 0 r 10 11 MARQUEZ 12 BARRIOS _ 13 VALDIVIA 14 SHORETT 15 0 NICKEL = 16 17 RICHARD d m 18 MULVIHILL Cn i° 19 = d N 20 Georgeann Hanna, City Clerk ti LO 21 The foregoing Resolution is hereby approved this day of 52016. _ 0 22 E a� 23 R. Carey Davis, Mayor 24 City of San Bernardino r 25 Approved as to form: Gary D. Saenz, City Attorney t 26 cva w w 27 By: Q 28 2 Racket LAW OFFICES OF RANDALL T. LONGWITH I 1 I N.HARBOR BLVD.STE.D i+ •l`l l._ii` j 1'r nILLEAUON,CA 92832 �. LONG ITIIJALkC(>C,kI L.C:ON! qq�} icyy �j PH.714.606,6024 fLU�6�JWf@ 14 PH 3. 3 I FAX,714.4.59,7369 1 Junel4,2016 0 M m Gerogeann Hanna o City Clerk Q City of San Bernardino 300 N. D Street, 2"d Floor o San Bernardino, CA 92418 E Notice of Intent to Circulate Petition c Notice is hereby given by the persons whose names appear hereon of their intention to N circulate the petition within the City of San Bernardino for the purpose of setting o 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) 2 �a Please forward all correspondence regarding this matter to: 0 c L Randall T. Longwith c Law Office of Randall T. Longwith m 111 N. Harbor Blvd, Ste. D Fullerton, CA 92832 N longwithlaw @gmail.com Cn c� 0 w x a� ca K hrine Maria Redmon at 32195 Acacia Ave y San Bernardino CA 92405 u c m E Q Notice of Intent Packet Pg.486 6.A.b Statement of Reasons for Proposed Action A statement of the reasons of the proposed action as contemplated in the petition is as follows: ° m The San Bernardino Medical Cannabis Restrictions and Limitations Act in the City 0 of San Bernardino is a citizen initiative drafted to amend the city municipal code by Q establishing regulatory clarity for the permitted operation of California compliant medical cannabis businesses within city limits.The initiative establishes clear regulatory policy 0 for permit application,approved zoning, sensitive use separations,operational standards, M regulatory compliance and public safety in harmony with the expected demands of E community standards for professional conduct guiding businesses within the city. CU The measure,as authored, is required to ensure that dignified patient access to medical c cannabis is unimpeded within the City of San Bernardino;a patient's right established in 2 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 � 0 Bernardino municipal borders to a current maximum of twenty permits unless S 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 m sourcing and employment opportunities; operating only at qualifying locations. cn • Requires a verified doctor's recommendation for patient access to a medical = cannabis dispensary. in • Bans medical cannabis businesses from operating within 600 feet of schools and 250 feet of churches. U) • Bans medical cannabis businesses from operating in strictly residential zones. , • Bans onsite consumption of cannabis products. ' • Restricts hours of operation to between 9am and 11pm and loitering in the °� proximity of facilities. £ • Requires strict security protocols including onsite security guards and video y 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 a process clearly established by its protocols and monitor operations for compliance with its requirements. 2 Packet Pg.487 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. CO 0 gel, w 0 ca (Signature of Proponent) J Dated this / day of ,20� Ca N C O V Y N d N 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 v proposed measure for the ballot. 1 certify that I will not knowingly or willfully allow Ca the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. 0 c L CO N (Signature of Proponent) 0 Cn Dated this f day of '20,/ ti In Y X L V E N .i.i C d E V lQ r-. a 3 Packet Pg.488 6.A.b SAN BERNARDINO ORDINANCE DRAFT NO. 1 AN INITIATIVE OF THE CITY OF SAN BERNARDINO .2 AMENDING CHAPTER 5.05 (MEDICAL MARIJUANA m DISPENSARIES), AMENDING CHAPTER 5.44, SECTION 1 r S44.050 050 AND DELETING CHAPTER 19.06.026 (MEDICAL a MARIJUANA DISPENSARIES.PROHIBITED USES). O WHEREAS,in 1996 the California electorate approved Proposition 215 the Compassionate Use Act("CUA") of 1996,and codified as Health and Safety Code E J Section 11362.5. et sect to exempt certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of y marijuana for medical purposes: and c U WHEREAS in 2003 the California legislature passed Senate Bill 420 (Medical N Marijuana Program Act ("MMPA") and codified as Health and Safety Code Section i 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 ca provisions; and WHEREAS in 2005 the California Board of Equalization began issuing seller's 2 .permits for sales consisting only of medical marijuana: and °c L WHEREAS in 2008 the California Attorney General issued guidelines for the i security and non-diversion of marijuana grown for medical use: and m WHEREAS in 2014 the U.S. House of Representatives and U.S.Senate voted to enact N Federal Omnibus Spending Bill which includes the "Rohrbacher-Farr amendment." Section 538 that denies funding to federal law enforcement from interfering with �!? medical marijuana operations in the various states which have decriminalized T Lo and jor authorized such operations: and x WHEREAS in 2015 the California legislature passed the new Medical Marijuana :i Regulation and Safes Act(MMSRA) consisting of three separate bills:AB 266.AB 243 &SB 643 The bill creates a comprehensive state licensing system for the E commercial cultivation manufacture retail sale transport distribution,delivery, and testing of medical cannabis. E WHEREAS Health &Safety Code Section 11362 83 provides that cities are free to adopt and enforce local ordinances that regulate the location, operation,or Q establishment of medical marijuana dispensaries and cultivation: and 1 Packet-P9.489 WHEREAS,nothing in this initiative shall be deemed to conflict with federal law as contained in the Controlled Substances Act nor to otherwise permit any activity that is prohibited under that Act or other applicable law: and WHEREAS the operation of medical marijuana dispensaries and the cultivation of o medical marijuana within the City of San Bernardino presently remain unregulated: m and ° 0 WHEREAS the California Constitution grants local governments in Article X[, Section 7 the authority under their police powers to regulate land use: and ° ° 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 Quality Act. fn C O NOW THEREFORE THE CITY OF SAN BERNARDINO DOES HEREBY ORDAIN AS FOLLOWS: d a: SECTION 1. TITLE T ° This initiative shall be known and may be cited as The San Bernardino Medical Cannabis Restriction and Limitation Act. L) 2 SECTION 2. AMENDMENTS TO THE SAN BERNARDINO MUNICIPAL CODE, SECTION 5.05 O _ 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 m inserted.All language struck through is to be deleted) CHAPTER 5.05.MEDICAL MARIjUANA DISP E vAR CANNABIS BUSINESSES c W Cn Sec. 5.05.010. . Purpose and Intent Ln it shall bee unlawU for any per-son or entity to establish, own, manage,conduct or- operate any media!marijuana w dispensary, ri Code Seetion 19.06.026 (Development Code), or-te pardGipate as an emp! contractor-, rr l ■nt r or in any otho manner in any't r ' edical V agent-, r_ v E rrmarij na mil; nsar-y in the City of car, Bernardino The purpose of this Chapter is N 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 medical cannabis.The regulations are intended to ensure such operations are consistent with the overall health,welfare Q and safety of the cif and its populace and that such operations are in compliance with California's Compassionate Use Act of 1996 as well as California's Medical 2 Packet Pg.490 6.A.b 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 Iocal law.This chanter is not intended to conflict with federal or o state law. m 0 r Sec. 5.05.020. Operation Prohibited Without Permit Q N It shall be unlawful for any person or entity to establish own,manage,conduct, o lease to or operate any medical cannabis business: to participate as an employee, contractor, agent volunteer,or in any other manner capacity,in any medical E J cannabis in the City of San Bernardino. _ N Sec. 5.05.030. Definitions o The following definitions shall apply to this chapter unless the context clearly denotes otherwise. r N a) ly 1) "Applicant"means an individual, person or responsible party representing a N partnership coloration or limited liability company,seeking a cannabis business permit under this Act. o 2) "Attorney General Guidelines"shall refer to the California Attorney General Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use. 3) "Cultivation" or"marijuana cultivation" means the growing of medical cannabis o and industrial hemp for medical purposes as defined in strict accordance with L Health and Safet,LCode sections 11362.5 and 11362.7 et seq. 4) "Cultivation site"means a facility where medical cannabis is cultivated, m Propagated,planted grown harvested dried cured,graded, or trimmed, or that C does all or any combination of those activities and where the operator holds a co 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 cn law cn ti 5) "Cultivator" means a person who engages in the cultivation of medical cannabis. LO 6) "Dispensary" means a medical marijuana business facility where cannabis, x medical cannabis products or devices for the use of medical cannabis or medical cannabis products are offered either individually or in any combination, for retail sale including an establishment(whether fixed or mobile) that delivers, pursuant to express authorization medical cannabis and medical cannabis N 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 E 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 a medical cannabis products from a dispensary. 3 Packet Pg.491' 8) "Edible cannabis product" means manufactured cannabis that is intended to be used in whole or in part for human consumption.An edible medical cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. —° 9) "Fully enclosed and secure structure" means a space within a building or other m structure which has a complete roof enclosure supported by connecting walls ° extending from the ground to the roof,which is secure against unauthorized a 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 E "Identification card"means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the t° medical use of marijuana and the person's designated primary caregiver,if any. o 11)"Indoors"means within a fully enclosed and secure structure. 12) "Location"means any parcel of land whether vacant or occupied by a building. group of buildings or accessory buildings and includes the buildings,structures, yards open spaces 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 (DOI) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DO[for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as c 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 m this section or medical cannabis products either directly or indirectly or by C extraction methods or independently by means of chemical synthesis at a fixed (n 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. LO 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 U application. E 16) "Manufacturing site" means a location that produces preparesLpropagates or U) compounds medical cannabis or medical cannabis products,directly or indirectly,by extraction methods independently by means of chemical E synthesis or by a combination of extraction and chemical synthesis,and is owned and operated by a person issued a valid Medical marijuana business a permit for manufacturing from the City of San Bernardino and,a valid state license as required for manufacturing of cannabis products. i7) "Marijuana"means"cannabis," as that term is defined in this Title. 4 Packet Pg.492 18)"Medical 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 etet seg.L. 19)"Medical cannabis business permit" means a regulatory hermit issued by the City o of San Bernardino pursuant to this Chapter to permit a medical cannabis m business to dispense cultivate and/or manufacture_medical cannabis,and is required before any medical cannabis activity may be conducted in the City.The Q 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 0 requirements of this Chapter and any regulations adopted by the City governing ° the medical cannabis activity at issue E 20)"Medical cannabis business" means a site or sites that dispenses cannabis, c cultivates cannabis manufactures cannabis,or conducts any combination N thereof. _ 0 21) "Owner"means the owner of a medical cannabis business and may include an individual collective, cooperative, or corporate entity_. y 22)"Permit" means the various regulator 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 Cu 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 2 licensed medical doctor indicating that marijuana would be a beneficial treatment for a serious medical condition of the patient. o 25) "Primary caregiver"has the same definition as set forth in Health and Safety 0. Code section 11362.7(d), (e),and as may be amended. 26)"Qualified Applicant" means an individual or entity applying for medical m cannabis business permits) who has successfully fulfilled the requirements of subsections a) through (n) 4 Section 5.05.05 of this Chapter. N 27)"Qualified Patient" has the same definition as set forth in Health and Safety Code d section 11362.7(8. Ln Sec. 5.05.040. Medical Cannabis Business Permit x 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 E business shall obtain a regulatory permit from the City or its designee under the N 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: r 1) Substantial adherence to each and every requirement of this Chapter. Q 2) Maintaining with the city current and valid contact information of the owner(s) IlL A of the medical cannabis business. 5 Packet Pg.493 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. 0 The owner of a proposed medical cannabis business shall file an application with the m 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 a site a manufacturing site or any combination thereof.The application shall be = accompanied by a nonrefundable application processing fee in an amount o established by a resolution of the City. E J A qualified application for a medical cannabis business permit shall include the following information: N C O 1) Address of the location or locations where the medical cannabis business will be located. r N 2) Proof that the applicant has owned or leased the property(s) for a minimum of six(6)months prior to the application for the permit(s) If the propertv(s) 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. O 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 m Regulations and the Americans with Disabilities Act. Any improvements or alterations to the property which require building permits must be submitted to Cl) the Building and Safety Division separately for review/approval. CD 5) Exterior photographs of the entrance(s), exits) street frontage(s), parking,front �!? and rear side(sj of the property(s). CD 6) Photographs depicting the entire interior of the proposed property(s). 7) For each manager,employee,volunteer,a fully Iegible color copy of one valid x government issued form of identification,two passport photographs, live scan 21 results and the original legible completed employee application for each `—L° manager, employee or volunteer. E 8) Proof that the medical cannabis business/collective has operated as a non-profit y mutual benefit corporation a non-profit unincorporated association or cooperative for six (6) months prior to the filing of the application for business E permits) Proof of the above may be established through a certified copy of the Collective's Secretary of State Articles of incorporation, Certificate(s) of a Amendment Statement(s) of Information and a copy of the Collective's Bylaws or any other verifiable proof acceptable by the City_ 9) Applicant must provide a current Board of Equalization Seller's Permit. 6 Packet Pg.494 F-77. 6.A.b _ , 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 m proof that applicant has operated a legal medical marijuana cultivation site for a ° minimum of six(6) months or proof that the applicant has possessed a license to Q sell nursery stock in California for a minimum of six (6) months prior to submitting application. ° 12)Applicant(s) must not have suffered any felony convictions within the last 4 years . E 13)A security plan including the following measures: _ a) Security cameras shall be installed and maintained in good condition,and m used in an on-going manner with at least 30 days of digitally recorded o documentation. 2 b) The lease/business space/cultivation site shall be alarmed with a centrally y monitored fire and burglar alarm system and monitored by an alarm company. c) Entrance to the dispensing area or"medication room" cultivation site and anyo storage areas shall be locked at all times and under the control of employees with current and valid employee permits. d) Interior Lighting The premises within which the medical cannabis business is operated shall be equipped with and at all times during which is open to the public or any portion thereof,shall remain illuminated with overhead 0 lighting fixtures of sufficient intensity to illuminate every place to which a 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. m e) Exterior Lighting The exterior of the premises upon which the medical cannabis business is operated shall be equipped with and at all times cn between sunset and sunrise shall remain illuminated with fixtures of C sufficient intensity and number to illuminate every portion of the property �!? with an illumination level of not less than one foot-candle as measured at the LO ground level,including but not limited to landscaped areas parking lots driveways walkways entry areas and refuse storage areas. x 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 shall be installed and maintained. E 14)A statement in writing b the he applicant that he or she certifies under penalty of N 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 Section(s) of the San Q Bernardino Municipal Code including the Development Code,Medical Marijuana Business Permits may be transferred to another party or entity only so long as the transferee successfully adheres all of the requirements of this Chapter. 7 Packet Pg.495' 2) Notwithstanding any conflicting provision(s) in any other Section(s) of the San Bernardino Municipal Code including the Development Code Medical Marijuana Business Permits may be transferred to another location only so long as the new location successfully complies all of the requirements of this Chapter. y 0 Sec 5 05 070 Review of Permit Applications Timing and Priority Order m 0 1) The City or its agent shall within 15 calendar days of the date of adoption of this u Chapter,create registration application forms and instructions that strictly c require one the information required pursuant to Sec 5 05 050 of this Chanter, 0 and shall begin accenting applications on a published date within 30 calendar days of the date of adoption of this Chapter. i 2) At least seven calendar days prior to the date the City or its agent will begin accenting applications for registration the City or its agent shall publish, on the City's website and once in a daily newspaper of general circulation the date, o time and manner on and in which collectives and cooperatives must submit registration application forms and the required fee and shall make publicly N 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 N pursuant to this Chapter. 4) As 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 Cif or its agent begins accepting applications,the City or its went shall stop accepting applications and � shall that day establish a priority list that identifies by name address date and 0 time the order in which applications were received.The order in which applications were received shall be the order in which the City or its agent shall process them.A collective or cooperative may only be assigned one place on the m priority list and multiple submissions will result in immediate disqualification from the registration process. co 5) Within seven calendar days of establishing the priority list the City or its agent C shall publish the priority list on the City's website and once in a local daily co newspaper of general circulation. LO 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 x applicants fall below that established by minimum number of use permits i required pursuant to Section 5 05 08 of this Chapter-a new date and time will be 0 set for submission of additional applications following the process set forth herein but not more frequently than once every 180 days. 7) Following establishment of the priority list the City or its agent shall bei?in processing as a ministerial duty the registration applications of collectives and E Cooperatives in the order established by the priority list. The City or its agent shall continue processing applications until the maximum number of medical a cannabis permits have been issued This processing of the applications shall consist of verification of the information required by Section 5.05.050 of this Chapter. 8 Packet Pg.406 Sec. 5.05.080.Action on Applications for Permits This section shall govern action on all applications for all permits provided for in this Chapter. 0 1) Upon the receipt of an application for a permit the City or its agent shall,as a m ministerial duty,complete processing and issue requested permits)within 30 0 calendar days,unless: a) The applicant does not qualify under Section 5 05.050 of this Chapter: or c b) The applicant has made one or more false or misleading statements, or o Y omissions on the application or during the application process: or c) A proposed location for a medical cannabis business is not allowed by state E or local law,statue ordinance or regulation including this code, at a particular location: or d) The applicant is not a primary caregiver or qualified patient or the legal o representative of the medical cannabis business: or e) The applicant or any person who is managing or is otherwise responsible for N the activities of the cooperative or collective has engaged in unlawful, fraudulent unfair, or deceptive business acts or practices. N 2) If the City or its agent fails to either issue a permit or deny the application for Permit in writing stating 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 Occupancy and gross receipts business license as below. a� 3) Once all available and/or required permits are issued or deemed issued. no 0 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 m a new application therefore. 4) Permits shall be valid for two years and an application for renewal must be filed in not later than 30 calendar days prior to the expiration of the permit.but no earlier than 60 calendar days prior to the expiration of the registration.A Permit cn may be renewed for additional periods of two years by submitting an application p to the City or its agent. 5) Once the collective or cooperative shall be eligible for a Certificate of Occupancy, which shall be issued as a ministerial duty within 30 calendar days (to be tolled x if, and only if,requested by the applicant to allow time for inspection or for work L required per inspection) during which time the standard building and fire inspections shall be completed or deemed completed and applicants allowed y 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 r a be deemed issued. 9 Packet Pg.49Z 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 0 m in At least 1 medical cannabis business permit shall be issued per 10,000 for fraction o thereof) residents of the City of San Bernardino as determined by the last Federal Q 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 0 medical marijuana business permits in each category shall be issued by the City or its agent if there are that many eligible applicants The City Council may increase, J but not decrease the number of medical cannabis business permits registered in the Cijy under the formula above which shall be the maximum number registered 0 unless raised by the City Council. o Sec 5.05.100, Dispensary General Operating Standards and Restrictions N A medical cannabis dispensary shall operate in conformance with the following minimum standards and such standards shall be deemed to be part of the An conditions of approval on the permit for a medical cannabis business to ensure that its operation is in compliance with California law,the Attorney General Guidelines, ca and the San Bernardino Municipal Code and to mitigate any potential adverse impacts of the medical cannabis business on the public health safety or welfare. as 1) Security, 0 a) At least one (1) security guard armed or unarmed who is licensed by the State of California shall be present at the location of the medical cannabis. business during all business hours The security guard shall only be engaged m in activities related to providing security ecurity for the medical cannabis business, ro except on an incidental basis Each security guard shall possess a"Security (n Guard Card" at all times. CD b) Security cameras shall be installed and maintained in good condition, and rn used in an on-going manner with at least 30 days of digitally recorded LO documentation. c) The location of the medical cannabis business shall be alarmed with a x centrally-monitored fire and burglar alarm system and monitored by an i alarm company. 0 E 2) Records. N a) Medical cannabis businesses shall maintain records reflecting b) The full name address and telephone number(s) of the owner and/or lessee E s of the property. c) The full name address and telephone numbers of all employees. Q 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 Packet Pg:498' 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) A copy of the medical cannabis business' commercial general liability_ insurance policy and all other insurance policies related to the operation of m the medical cannabis business. ° g) Proof of a valid and current permit issued by the city in accordance with this u chapter.Every medical cannabis business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter o in a conspicuous place so that it may be readily seen by all persons entering the location of the medical cannabis business. J 'a C 3) Employees N a) A medical cannabis business shall not have any employees, operators, or o volunteers who have suffered a conviction for a felony drug offense having occurred within the past four(41 years This requirement shall be confirmed N 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 Mn being maintained at the location of the medical cannabis business. b) All employees must have a current and valid identification card. U m 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 o 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 m dried marijuana and amount of marijuana plants allowed per qualified patients and persons with identification cards and/or primary caregivers. c a� 5) No Recommendations On-site. �? a) A medical cannabis business shall not have a physician or an attending 10 LO physician at the location of the medical cannabis business to evaluate patients or provide a recommendation for medical marijuana. x a� w i 6) Signage. a) The following signs in measurements of not less than eight(8) by ten (101 inches shall be clearly and legibly osted in a conspicuous location inside the y medical cannabis business where they will be visible to members in the normal course of a transaction,stating: E i) "Use of medical marijuana shall be limited to the patient identified 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 collective site is prohibited by California Penal Code§647,(e) and patrons must immediately leave the site and not 11 Packet Pg.499 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 to drive a motor vehicle or operate machinery." m vi) "Smoking ingesting or consuming marijuana on this property or within ° 20 feet of the medical cannabis business is prohibited." a vii)"Minors are prohibited from entering this property unless they area qualified patient or a primary caregiver and they are in the presence of 2 their parent or legal guardian." viii) "Neither the Cif of San Bernardino County of San Bernardino. nor E any other governmental agency has tested or inspected any marijuana = product for pesticides or other regulated contaminants, distributed at N this location." o U 7) No Alcohol. a) Medical cannabis businesses shall not hold or maintain a license from the w State Department of Alcoholic Beverage Control to sell alcoholic beverages, M 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 represent ative samples shall be analyzed by the medical cannabis business itself or by an independent laboratory(if and when such is available) for 0 harmful pesticides and other contaminants Any medical marijuana from which the representative sample tested positive for a harmful pesticide or c other contaminant at a level that exceeds the local state or federal regulatory m or statutory standards shall be destroyed forthwith and not dispensed to @ members or qualified patients. `n _ 0 9) Labeling. `n 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 v items provided by a medical cannabis business which states: x i) This item contains medical marijuana li) Warning that the item is a medication and not a food iii) Warning that the item is to be kept away from children. E iv) Warning if nuts or other known allergens are used. N v) Date of manufacture. CD c) Any edible cannabis product that is made to resemble a typical food product E (i.e brownie cake) must be in a properly labeled opaque (non see-through) package before it leaves the medical cannabis business. a 10)Edibles ,%No, a) All medical marijuana edibles shall comply with the California Sherman Food, 12 Packet Pg.500 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 m cannabis business due to the potential for food-borne illness. Baked ° medicinal products (i.e.brownies bars cookies cakes) tinctures and Q other non-refrigerated We items are acceptable for manufacture and c sale at a medical cannabis business. 11)Si na e. a) Signs on the.premises shall not obstruct the entrance or the video surveillance system.The size location and design of any signage must N conform to the sign provisions in the San Bernardino Municipal Code. o b) Business identification signage shall comply with the appropriate sign requirements with the applicable zoning district. N 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 D m. L m 14)Use Restrictions. o a) Smoking ingesting or consuming marijuana at the location of the medical co cannabis business or within 20 feet of the medical cannabis business is a prohibited. N ti 15)No Minors. a) No one under 21years of age shall be permitted to enter establishment. x unless such person is a qualified patient and is accompanied by his or her Primary Caregiver,licensed Attending PhysicianLparent(s) or documented legal guardian. E N 16)Odor Abatement. a) A medical cannabis business shall have an air treatments stem that ensures s off site odors shall not result from its operations This requirement at a co minimum means that the medical cannabis business shall be designed to Q provide sufficient odor absorbing ventilation 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 Packet Pg;501' 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. o a) A medical cannabis business shall carry with minimal coverage provided of 2 comprehensive commercial general liability insurance and comprehensive m automotive liability insurance (if automobiles are used by the medical w 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 o 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 v a) All employees who provide deliveryof medical marijuana from a medical o cannabis business to a member located outside the medical cannabis 2 business location must have a valid identification card at all times with the employee while the delivery is being made. U7 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: L 1) Indoor medical marijuana cultivation facilities may,but need not,be located F within the same building or structure as a medical marijuana manufacturing m facility_or medical marijuana dispensary facility only if the indoor medical o marijuana cultivation facility is located in separate rooms of the building or -0 structure and only if the indoor medical marijuana cultivation facility has its in own separate entrance into the building or structure. 2) Subject to the further requirements of this Section only the following State LO cultivator license classification types specified in the MMRSA and Business and d: Professions Code sections 19300.7 and 19332 will be allowed to operate in the City: 1A, 1B, 2A, 2B,and 4. a� 3) Medical marijuana cultivation is allowed only within fully enclosed and secure structures that are inaccessible to minors. E 4) From any public right-of-way,there shall be no visible exterior evidence of any indoor medical marijuana cultivation activity. d 5) Indoor medical marijuana cultivation shall not adversely affect the health or s safety of the nearby residents by creating dust, glare,heat,noise, smoke,traffic, w vibration or other impacts and shall not be hazardous due to use or storage of Q 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 Packe#Pg.502 6.A.b 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. 0° 0 7) All medical marijuana shall be kept in a secured manner during all business and r nonbusiness hours. a 8) All indoor medical marijuana cultivation facilities shall operate within a legal o 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,and local laws. 10)0n-site smoking,ingestion or consumption of marijuana or alcohol shall be prohibited on the premises of all indoor medical marijuana cultivation facilities. _ The term"premises" as used in this Subsection includes the actual indoor o medical marijuana cultivation building as well as any accessory structures and .L parking areas The indoor medical marijuana cultivation facility building entrance shall be clearly and legibly posted with a notice indicating that smoking ingesting or consuming marijuana or alcohol on the premises or in the vicinity of the facility is prohibited. 11)Signage for all indoor medical marijuana cultivation facilities shall be limited to name of business only shall be in compliance with the City's sign code, and shall contain no advertising of any companies brands products goods or services. Signage shall not include any drug-related symbols. 12)Alcoholic beverages shall not be sold, stored,distributed, or consumed on the °c premised Indoor medical marijuana cultivation facilities shall not hold or Ea maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. In m addition alcohol shall not be provided,stored,kept, located, sold, dispensed,or N used on the premises of any indoor medical marijuana cultivation facility. "a 13)Physician services shall not be provided on the premises "Physician services" in does not include social services including counseling,help with housing and meals hospice and other care referrals which may be provided on site. LO 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 d all applicable rules regulations and laws including, but not limited to,zoning a� and building codes the City's business license ordinances, the Revenue and Taxation Code the Americans with Disabilities Act, and the MMRSA. Compliance E with all requirements of State law pertaining to indoor marijuana cultivation is also required. 0 15)The operators of all indoor medical marijuana cultivation facilities shall provide E 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 a 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 food faith effort to encourage residents 15 Packet Pg.503 6.A.b and the public to call this representative to resolve any operational problems before any calls or complaints are made to the City or law enforcement. 16)All indoor medical marijuana cultivation facilities shall have a security plan including the following measures: o 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 Co 0 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 a areas to be covered by the security cameras include,but are not limited to, o 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 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 c facilities at any time.Any disruption in security camera images shall be cured expeditiously in good faith. 0 b) The indoor medical marijuana cultivation facility shall be alarmed with an c alarm system that is operated and monitored by a reputable security company. N 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. v 17)The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the City's lighting standards regarding fixture type, a wattage illumination levels, shielding,etcetera, and shall secure the necessary 2 lighting approvals and permits as needed. S 18)All windows on the building that houses the indoor medical marijuana E cultivation facility shall be appropriately secured and all marijuana securely E CD stored. m 19)Recordings made by the security cameras shall be made available to the City.the N City's designee or law enforcement upon verbal request—no search warrant or -0 subpoena shall be needed to view the recorded materials. in 20)The City the City's designee, and law enforcement shall have the right to enter the indoor medical marijuana cultivation facility at any unannounced for LO the purpose of making_reasonable inspections to observe and enforce compliance with this Section and all laws of the City and the State. x w m Sec 5.05.120. Medical Cannabis Manufacturing Standards and Quality Control. - E Medical marijuana manufacturing,within the City, shall be in conformance with the following standards: d E s 1) Medical marijuana manufacturing facilities may be located within the same v building or structure as an indoor medical marijuana cultivation facility or a a medical marijuana dispensary site only if the medical marijuana manufacturing facility is located in separate rooms of the building or structure,and only if the 16 Packet Pg. 504 \ 6.A.b 1 medical marijuana manufacturing facility has its own separate entrance into the building or structure. 2) Subject to the further requirements of this Section.only State manufacturer license classification type 6 level 1 will be allowed to operate in the City using o nonvolatile solvents in accordance with the MMRSA and Business and Co Professions Code sections 19300.7 and 19341. Co 0 3) Medical marijuana manufacturing is allowed only within fully enclosed and secure structures that are inaccessible to minors. Q 4) From any_public right-of-way,there shall be no visible exterior evidence of any o medical marijuana manufacturing activity. 5) Medical marijuana manufacturing 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 c materials, processes,products, or wastes. u, 6) All medical marijuana manufacturing facilities shall fully comply with all of the c r applicable restrictions and mandates set forth in State law.All medical marijuana manufacturing facilities shall comply with all size requirements for such facilities as imposed by State law. Medical marijuana manufacturing N facilities shall not engage in any activities not allowed by medical marijuana 0 manufacturing facilities pursuant to State law.All medical marijuana = manufacturing facilities shall comply with all horticultural, labeling,processing, and other standards required by State law. 7) All medical marijuana shall be kept in a secured manner during all business and nonbusiness hours. 8) All medical marijuana manufacturing facilities shall operate within a legal °c structure that is compliant with all applicable State and local laws. E 9) All medical marivana manufacturing facilities must pay all applicable sales taxes pursuant to all federal, State,and local laws. m 10)0n-site smoking,ingestion, or consumption of marijuana or alcohol shall be v prohibited on the premises of all medical marijuana manufacturing facilities.The term"premises"as used in this Subsection includes the actual medical marijuana CD Cn manufacturing building as well as any accessory structures and parking areas. The medical marijuana manufacturing facility building entrance shall be clearly LO 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 x 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 E 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 s premises Medical marijuana manufacturing facilities shall not hold or maintain Cu a license from the State Department of Alcohol Beverage Control to sell alcoholic a beverages or operate a business that sells alcoholic beverages. In addition, is alcoholic beverages shall not be provided,stored,kept,located,sold,dispensed, or used on the premises of any medical marijuana manufacturing facility. 17 Packet Pg:505 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 maybe provided on site. 14)The building in which any medical marijuana manufacturing facility is located, as o 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 Co 0 codes the City's business license ordinances,the Revenue and Taxation Code. the Americans with Disabilities Act,and the MMRSA. Compliance with all a requirements of State law pertaining to medical marijuana manufacturing is also 0 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 operators 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 0 an on-site representative to whom the City and the public can provide notice if there are any operational problems associated with the medical marijuana manufacturing facility.All medical marijuana manufacturing facilities shall make N every good faith effort to encourage residents and the public to call this a representative to resolve any operational problems before any calls or = complaints are made to the City orlaw enforcement, 16)AII 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 upon which the medical marijuana manufacturing activities occur. 0 17)All medical marijuana manufacturing facilities shall have a security plan including the following measures: E a) Security cameras shall be installed and maintained in good condition,and m used in an on,-going manner with at least 120 concurrent hours of digitally m recorded documentation in a format approved by the City or the City's '0 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 manufacturing areas,all doors and windows, and any other LO 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 x 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. E b) The medical marijuana manufacturing facility shall be alarmed with an alarm system that is operated and monitored by a reputable security compan3L d c) Entrance to the manufacturing area,and all storage areas, shall be locked at E all times and under the control the medical marijuana manufacturing facility's staff. a 18)The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the City's lighting standards regarding fixture type 18 Packet Pg. 506 6,A.b wattage, illumination levels,shielding,etcetera,and shall secure the necessary lighting approvals and permits as needed. 19)All windows on the building that houses the medical marijuana manufacturing facility shall be appropriately secured and all marijuana securely stored. 20)Recordings made by the security cameras shall be made available to the City,the --°Co City's designee, or law enforcement upon verbal request—no search warrant or Co subpoena shall be needed to view the recorded materials. Q Sec. 5.05.130. Fees 0 1) The City Council is authorized to pass resolutions to recover any and all fees and Cu costs incurred by the implementation of this Chapter through an appropriate fee recovery mechanism to be imposed upon medical cannabis businesses and their operations. Sec. 5.05.140.Annual Business License Tax Assessment. o U 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" MA 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. U 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 – co 2, or CG-1 zone (Commercial General-1) designated of the San Bernardino Municipal and/or Development Code. E 3) No Medical cannabis businesses shall be located within six hundred(600) feet of m any existing public school. 4) No Medical cannabis businesses shall be located within two hundred fifty (y ,250) c feet of any existing church. N 5) No medical cannabis dispensary may be located within two hundred fifty(250) feet of any other permitted medical cannabis dispensary. LO 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 x line to the nearest property line of those uses described herein. Sec. 5.05.0160.Violations and Penalties. E Any person,whether as principal,employee agent,partner, City or its agent, officer, stockholder,or trustee or otherwise,violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction E thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six(6) months,or by both such a 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 1. Packet Pg. 507 Sec. 5.05.0170.Public Nuisance. In addition to the penalties set forth in this chapter,any medical cannabis business which is operating in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and,as such, may be abated or enjoined from further —° operation.All costs to abate such public nuisance,including attorneys' fees and m court costs shall be paid by the permit holder of the medical cannabis business, Q Sec. 5.05.0180.Prohibited Operations and Nonconforming Use All medical marijuana businesses in violation of Health and Safety Code Section 0 11362.7 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 cif, or any agent, employee or representative of such medical cannabis business,to permit any breach of peace therein or any disturbance of public order or decorum N by any tumultuous, riotous or disorderly conduct on the premises of the medical o cannabis business, or to violate any State law,or this chanter. No use which 2 �L 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 re Bernardino Zoning Code,the San Bernardino Municipal Code,or any other local ordinance,rule or regulation,and such use shall not be entitled to claim legal nonconforming status. SECTION 3. AMENDMENTS TO SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.44,SECTION 5.44.050 IS AS FOLLOWS: 0 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 L follows: (All underlined language is new and to be inserted.All language struck m through is to be deleted) Section 5.44.050. Definitions Cn The Chief of Police shall either approve or deny the issuance by the City Clerk of Ln 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: 2� 1. The operation will not comport with the peace,health, safety, convenience, and general welfare of the public; s 2. The application is not complete in that all requested information is not Y supplied; 3. The operation has been or is a public nuisance; s I 47 The operation would be in violation of a City Ordinance or state law ar- w #moral--law; a SECTION 4. AMENDMENTS TO SAN BERNARDINO DEVELOPMENT CODE SECTION 19.06,026 IS AS FOLLOWS: 20 Packet Pg. 508 1 >> The People of the City of San Bernardino do hereby enact and ordain t hat Chapter 19.06.026,entitled,Medical Marijuana Dispensaries, Prohibited Uses, is hereby deleted. 0 SECTION 5. CONSISTENCY WITH STATEWIDE REGULATION OF MARIJUANA. m 0 i. This chapter shall be read consistent with any statewide regulation of medical Q marijuana that is promulgated by the California legislature or by voter approval in c the future. In the event statewide regulation is passed pursuant to the 0 decriminalization or legalization of marijuana for recreational use,this chapter shall govern the conduct of those business allowed to distribute marijuana under such E provisions to the fullest extent possible consistent with such statewide regulation. a N SECTION 6. SEVERABILITY o If any section subsection,subdivision, sentence clause phrase,word or portion of this initiative is for any reason held to be invalid or unconstitutional by the W 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 A 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 0 S SECTION 7. MAJORITY APPROVAL:EFFECTIVE DATE: a This ordinance shall be effective only if approved by a majority of voters and shall L go into effect immediately pon passage. m C SECTION 8. COMPETING MEASURES: U) In the event that this measure and another measure or measures relating to the C 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 LO 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 4)i of San Bernardino shall be null and void. E SECTION 9. SPECIAL OR GENERAL ELECTION: N This initiative ordinance shall be set for a special or regular election at the earliest time allowed by law. E U f6 r a 21 Packet Pg.509 INITIATIVE MEASURE TO BE SUBMITTED IR"rl(34THE VOTERS 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: 2 R m BALLOT TITLE ° A Proposed Measure Establishing Regulations for Permitted Medical Marijuana Businesses y within the City of San Bernardino and Repealing Existing Municipal Code Provisions o Prohibiting Medical Marijuana Uses. E J BALLOT SUMMARY c 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 w N would establish regulations for the location, operation, and permitting of marijuana uses in the d City of San Bernardino("City"). N 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 snakes the C establishment or operation of marijuana uses unlawful subject to administrative fines, misdemeanor criminal prosecution, or civil nuisance abatement. 0 .r- The SBMCRLA would repeal this ban and establish regulations for marijuana businesses. Under 2 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 in 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 LO security, records, employees, volume of marijuana, signage, quality, labeling, edible marijuana products, employee training, operating hours, odor abatement, insurance, and delivery. Medical E recommendations, alcohol use, and marijuana use would be prohibited on the premises of a E marijuana dispensary. r The measure would establish standards for cultivation and manufacturing. Cultivation would be o limited to indoor and mixed-light cultivation as defined under state law. Outdoor cultivation m would be prohibited. Manufacturing with volatile solvents would also be prohibited. E 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 Q would pay a business license tax to the City of five percent(5%)of gross receipts. Packet Pg. 510 • "6 A'.c. 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. o The amended language would remove the reference to federal law. M ca 0 CERTIFICATION 41 U Q 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. Y Dated: June 27,2016 N Gary D. Saenz o r City Attorney L N d Atte t: �o 0 c U Georgea anna City Clerk 0 c °a L L MM� W Cn ti LO E E Y_ 0 M(U W E U r Q Packet Pg: 511 v: a CITY OF SAN BERNARDINO San BC['Ila1' 1110 RECEIPT.FOR PETITION m s" AND o CERTIFICATE OF PAGE AND PRIMA FACIE SIGNATURE COUNT a 2 STATE OF CALIFORNIA ) COUNTY OF SAN 13ERNARDINO } CITY OF SAN BERNARDINO ) _ I, Georgeann Hanna, City Clerk of the City of San Bernardino, do hereby certify that on _ July 25,2016 Katherine Maria Redmon,Proponent submitted to my office petitions entitled: N "THE SAN BERNARDIO MEDICAL CANNABIS RESTRICTIONS AND LIMITATIONS ACT." d Pursuant to the provisions of Elections Code Section 9210(b) of said petitions were examined on 0 said date and found to contain —7 4 V/41 signatures and 5.93 sections prima facie* as shown on the Prima Facie Signature Count Tally Sheet. E 0 m In accordance with Elections Code Section 9210(b) it has been determined that the number of cn signatures prima facie, equals or is in excess of the minimum number of signatures required, -_ therefore said petition is deemed as filed this 25th day of July_ N 2016 , at A.M/P.M. Ln ti Presented to: Katherine Maria Redmon Proponent or Authorized Agent U Dater July 25,2016 Li _ 0 w GEORGEANN HANNA. CMC a City Clerk, City of San Bernardino Q E I � By: ity Clerk a *WARNING: This is not an official count. The signatures will be recounted for accuracy and checked for validity. Packet Pg.512 6.A.d CITY OF SAN BERNARDINO 0 San Bern1&0 PRIMA FACIE SIGNATURE COUNT—TALLY SHEET m s. 0 Name of Petition: "The San Bernardino Medical Cannabis Restrictions and Limitations Act" y 0 Number of Petitions with 1 signature _ 13 signatures 2 Number of Petitions with 2 signatures 13 _ 9 signatures E J Number of Petitions with 3 signatures _ o — 97/ signatures = Number of Petitions with 4 signatures 9le signatures N c Number of Petitions with 5 signatures _ signatures Number of Petitions with 6 signatures �� _ ��� signatures N ,3 - 0138 Number of Petitions with 7 signatures 1 signatures � �$ y Number of Petitions with 8 signatures = signatures cc Number of Petitions with 9 signatures "� — � signatures Number of Petitions with 10 signatures SOD signatures v Number of Petitions with 11 signatures -7 U = D signatures �a Number of Petitions with 12 signatures 1-0` � = CQ signatures 0 Number of Petitions with 13 signatures .25 = 3a5 signatures c Number of Petitions with 14 signatures = signatures m Number of Petitions with 15 signatures — 7jr signatures m Number of Petitions with 16 signatures .2 _ _ 419 signatures = ca 3 - 5 7 Number of Petitions with 17 signatures signatures = Number of Petitions with 18 signatures 3 = �o g signatures Number of Petitions with 19 signatures _ signatures Number of Petitions with 20 signatures = .� o Signatures Number of Petitions with 21 signatures 1 w ±3�5 Signatures a Number of Petitions with 22 signatures 0 Signatures 9D Number of Petitions with 23 signatures _ 7 Signatures of Number of Petitions with 24 signatures = 4 Signatures m 5 3 i b//P Total Number of Petitions&Signatures* '71 c m E GEORGEANN HANNA, CMC City Clerk,City of San Bernardino a y: Date: July 25,2016 Clerk *WARNING: This is not an official count. The signatures will be recounted for accuracy and checked for v Packet Pg.513'