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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 9 <br /> <br /> <br />The Dispensary shall maintain records of its members using only the State of California Medical Marijuana <br />Identification Card number issued by the County or the County's designee, pursuant to California Health <br />and Safety Code Section 11362.7 et seq., or a copy of the written doctor’s recommendation, as a protection <br />for the confidentiality of the cardholders. The Dispensary shall track when members’ medical marijuana <br />recommendations and/or identification cards expire and enforce conditions of membership by excluding <br />members whose identification cards or recommendations are invalid or expired. The Dispensary shall <br />maintain member records in a manner to protect confidential information in the records if the records <br />contain information protected by applicable law, including but not limited to the Health Insurance Portability <br />and Accountability Act of 1996 (HIPAA) and Public Law 104-191. A Dispensary shall exclude members <br />who are caught diverting marijuana for non-medical use. All membership records shall be maintained on <br />site. <br /> <br /> (1) A Dispensary shall, by using the patient or caregiver’s identification number, keep an <br />accurate account of the number of members that visit the Dispensary each month, and also for the entire <br />permit year. <br /> <br /> (2) Within thirty (30) days of the end of a calendar quarter, the Dispensary shall provide the <br />City a count of the total number of members of the Dispensary and the number of Dispensary visits by each <br />member during the previous calendar quarter. <br /> <br /> (3) Within thirty (30) days of the end of the calendar quarter, the Dispensary shall provide the <br />City a listing of the medical marijuana products for sale during the previous calendar quarter, the prices of <br />such products, and the end of quarter quantity on hand, listed in the applicable units, for each product. <br /> <br /> (4) The Dispensary shall keep accurate records, follow accepted cash handling practices and <br />maintain a general ledger of cash transactions. The Dispensary shall maintain records of all members’ <br />contribution of labor, resources or money to the Dispensary. <br /> <br /> (5) The Dispensary shall allow the City to access the books, records, accounts and all data <br />relevant to its operations for purposes of conducting an audit or examination to determine compliance with <br />the Municipal Code, Administrative Regulations, conditions of approval, and applicable laws. Books, <br />records, accounts and all relevant data shall be produced no later than twenty-four (24) hours after receipt <br />of the City’s request. <br /> <br /> (6) The Dispensary shall maintain a log of patient complaints and shall make the log available <br />to the City upon request. The log shall contain at a minimum the date of the complaint, the complaining <br />patient’s identification number or reference to his/her written recommendation, the nature of the complaint, <br />and the action taken by the Dispensary to address the complaint. <br /> <br />(c) Facilities <br /> <br /> (1) A Dispensary must be located at least one thousand feet (1000’) from a public or private <br />school, public library, youth center (serving youth ages eighteen (18) and under), parks and recreation <br />facilities, and another Dispensary and five hundred feet (500’) from a residential zone. <br />