5.61.060 - Commercial cannabis permit: authorized and lawful commercial cannabis business.

The initial permit and five-year renewal of an authorized and lawful commercial cannabis permit is made expressly contingent upon the business' ongoing compliance with all requirements of state law, this chapter, the City of Commerce Municipal Code, and any regulations adopted by the city governing the commercial cannabis business at issue, as well as the securing and approval of a development agreement. Accordingly, no person may engage in, conduct, establish, or operate a commercial cannabis business, or cause, allow, or permit same, within the City of Commerce unless and until the following are obtained, complied with, adhered to, and fulfilled: (1)

The classification and type of commercial cannabis business explicitly allowed for in this chapter, as may be amended from time to time by the city, are the cultivation, manufacturing, testing, distribution, non-storefront retailer-delivery only, and a microbusiness, of medicinal and adult-use cannabis and cannabis products, and the ancillary transportation and delivery of same; and

(2)

The proposed and approved commercial cannabis business is not located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve, day care center, or youth center, which are in lawful and/or city-approved existence at the time a successful application was submitted to the city; and

(3)

A development agreement has been applied for, and duly approved by the planning commission and/or given final approval by the city council, pursuant to the city's laws, rules, policies, and regulations applicable to the entering into and execution of developments agreements, as same may be amended from time to time; and

(4)

A city business license has been obtained authorizing the business operation of a commercial cannabis business; and

(5)

A valid State of California seller's permit has been obtained; and

(6)

Is currently in compliance with all applicable state and local laws and regulations pertaining to engaging in, conducting or operating a commercial cannabis business and commercial cannabis activities, including the duty to first obtain any required state licenses pursuant to MAUCRSA and applicable regulations; and

(7)

Is currently in compliance with any and all applicable state and local laws and regulations pertaining to the occupancy of the premises for the city-approved commercial cannabis business operation, including any and all applicable building and fire code provisions.

(Ord. No. 700, § 2, 9-4-2018)