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File Number: 12 -343 Section 4 -33 -100 Purpose. It is the purpose and intent of this Chapter to preclude the opening, establishment and operation of Medical Marijuana Cooperatives and Collectives, in the City. Section 4 -33 -105 Definitions. The words and phrases included in this Section shall have the following meanings, unless it is clearly apparent from the context that another meaning is intended: "Marijuana" means all or parts of the plant Cannabis sativa L., pursuant to Health and Safety Code § 11018, as amended from time to time. "Medical marijuana" means marijuana authorized in strict compliance with Health and Safety Code §§ 11362.5, 11362.7 et seq., or as such sections may be amended from time to time. "Medical marijuana cooperative" or "collective" means a collective, cooperative, dispensary, operator, establishment, provider, association or similar entity, whether fixed or mobile, that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and /or gives away marijuana in the City of San Leandro for medicinal purposes to two (2) or more of the following: qualified patients, persons with an identification card or primary caregivers, in strict accordance with California Health and Safety Code §§ 11362.5, 11362.7 et seq. and /or the Attorney General Guidelines for the Security and Non - diversion of Marijuana Grown for Medical Use, or as these laws and guidelines may be amended from time to time. The terms "primary caregiver," "qualified patient" and "person with an identification card" shall be as defined in California Health and Safety Code § 11352.5 et seq. Section 4 -33 -110 Medical Marijuana Cooperatives and Collectives Prohibited. (a) Medical Marijuana Cooperative or Collective is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a Medical Marijuana Cooperative or Collective within the City. (b) The establishment, maintenance or operation of a Medical Marijuana Cooperative or Collective within the City is declared to be a public nuisance and may be abated by the City either pursuant to the San Leandro Municipal Code or any other available legal remedies, including but not limited to declaratory relief and civil injunctions. Section 4 -33 -115 Violation and Enforcement. The establishment, maintenance or operation of a Medical Marijuana Cooperative or Collective in violation of or in non - compliance with any of the requirements of this Chapter or applicable provisions of the Zoning Code or San Leandro Zoning Code shall be subject to any enforcement remedies available under the law and /or the City's Municipal Code. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law. City of San Leandro Page 9 Printed on 711012012