5.61.280 - Operating requirements applicable to all commercial cannabis businesses.

(a)

No commercial cannabis business shall be located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in lawful and/or city-approved existence at the time a successful application was submitted to the city, resulting in the issuance of a commercial cannabis permit from the city, and corresponding approval and execution of a development agreement.

(b)

Commercial cannabis businesses may operate only during the hours established by resolution of the city council and/or as specified in the commercial cannabis permit issued by the city and/or as specified in the approved and executed development agreement.

(c)

Cannabis shall not be consumed by anyone on the premises of any commercial cannabis business, unless explicitly authorized by a city ordinance, resolutions, rules, regulations and/or pursuant to explicit terms of a commercial cannabis permit or city-approved development agreement.

(d)

No cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis permit or development agreement, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

(e)

Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the city's record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city administrator prior to being used by the permittee.

(f)

All cannabis and cannabis products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State of California and local regulations.

(g)

No physician shall be permitted in any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card where applicable.

(h)

All commercial cannabis non-storefront retailer-delivery only shall have a manager on the premises at all times during hours of operation.

(i)

Each commercial cannabis business shall provide the city administrator with the name, telephone number (both landline and mobile) of an on-site manager or owner to whom emergency notice may be provided at any hour of the day.

(j)

Signage and Notices.

(1)

In addition to the requirements otherwise set forth in this section, or as a term or condition imposed in a development agreement, business identification signage for a commercial cannabis business shall conform to the requirements of state law and the City of Commerce Municipal Code, including, but not limited to, the requirements for a city sign permit, or applicable zoning laws regulating signs.

(2)

Each commercial cannabis business premises shall be visibly posted with clear and legible notices indoors indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

(k)

Persons under the age of twenty-one years shall not be allowed on the premises of a commercial cannabis business, and shall not be allowed to serve as a driver for a delivery service, except if pertaining to sales of cannabis for medicinal use. It shall be unlawful and a violation of this chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one years of age.

(l)

Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the city engineer or public works and development services director determines is a more effective method or technology:

(1)

An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

(2)

An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

(m)

Display of Permit and City Business Tax Certificate. The original copy of the commercial cannabis permit issued by the city pursuant to this chapter, the city issued business license, and the state-issued seller's permit, shall be posted inside the commercial cannabis business in a location readily-visible to any city, county or state employee, official, or agent authorized to enforce the city's code, or applicable cannabis-related laws.

(n)

Loitering. The permittee of a commercial cannabis business shall prohibit loitering by persons outside on the premises, and is required to enforce same within its premises and adjacent public areas, including cooperating with the city's law enforcement agency dispatched to enforce same. The placement and use of no loitering signage shall be included as part of any submittal, and depicted on a plan.

(o)

Permits and Other Approvals. Prior to the operation of a commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits and approvals from the relevant city or county department or division which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.

(p)

Adherence to the Applicable Operating Procedures. Permittees shall adhere to all applicable operating procedures, including those submitted as part of the initial application process, and pursuant to those established in applicable State of California laws, regulations, and policies.

(q)

Persons with Disabilities. This chapter does not exempt a commercial cannabis business from complying with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.

(r)

Discrimination. No commercial cannabis business may discriminate or exclude patrons in violation of local, state and federal laws and regulations.

(s)

The city administrator, or his or her designee, shall be authorized to promulgate additional or supplemental operating requirements applicable to all commercial cannabis businesses if the public's safety, welfare or health warrants same.

(Ord. No. 700, § 2, 9-4-2018)