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10A Action 2013 0916
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10A Action 2013 0916
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9/11/2013 4:40:45 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/16/2013
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_CC Agenda 2013 0916 CS+RG
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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 10 <br /> <br /> (2) The Dispensary shall not permit any breach of peace inside of the Dispensary or any <br />disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct. <br /> <br /> (3) The City may impose Dispensary facility size and height conditions to preserve the public <br />health, safety, and welfare of surrounding properties. <br /> <br /> (4) The Dispensary shall be designed with sufficient sound absorbing insulation so that the <br />noise generated inside the Dispensary is not audible on the premises, beyond that of normal commercial <br />offices, or public rights-of-way, or any other building or other separate unit within the same building as the <br />Dispensary. <br /> <br /> (5) The Dispensary shall be designed to provide sufficient odor absorbing ventilation and <br />exhaust systems so that any odor generated inside the Dispensary is not detected outside the building, on <br />adjacent properties or public rights-of-way, or within any other unit located within the same building as the <br />Dispensary, if the use only occupies a portion of a building. <br /> <br /> (6) The Dispensary shall provide litter removal services twice (2) each operating day on and in <br />front of the premises and on public sidewalks within one hundred feet (100’) of the Dispensary. <br /> <br />(d) Security <br /> <br /> (1) Security cameras shall be installed and maintained in good condition, and the camera and <br />recording system must be of adequate quality, color rendition and resolution to allow the identification of an <br />individual. The cameras shall be in use 24 hours a day, 7 days per week, and shall cover the marijuana <br />dispensing areas, storage areas, all doors and windows to the Dispensary, parking areas and other areas <br />as determined by the Chief of Police. The recordings shall be maintained at the Dispensary property for a <br />period of sixty (60) days. <br /> <br /> (2) The Dispensary shall be alarmed with a centrally-monitored fire and burglar alarm system, <br />and monitored by an alarm company properly licensed by the State of California Department of Consumer <br />Affairs Bureau of Security and Investigative Services in accordance with California Business & Professions <br />Code § 7590 et seq. and whose agents are properly licensed and registered under applicable law. <br /> <br /> (3) During Business Hours, the Dispensary shall provide a minimum of three (3) security <br />guards duly licensed by the State of California, Department of Consumer Affairs. Each security guard shall <br />possess a “Security Guard Card” at all times, and shall not possess firearms or tasers. <br /> <br /> (4) Security guard duties shall include, but are not limited to, ensuring no person smokes any <br />substance within twenty-five feet (25’) of any building entrance, exit, window and air intake vent. <br /> <br /> (5) The Dispensary shall direct its security guards to monitor the outside of the premises for <br />loitering and unlawful sale of medical marijuana by members. Security guards shall be directed to report to <br />the Dispensary all unlawful sales of medical marijuana by members. The Dispensary shall immediately <br />cease providing medical cannabis to the reported member, and make a report within twenty-four (24) hours <br />to the Chief of Police, and the Alameda County Health Department and/or the doctor that issued the <br />medical marijuana recommendation for the member. The Dispensary shall keep a record of all incidents <br />where members unlawfully provided marijuana to non-members. The Dispensary shall inform patients and
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