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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 12 <br /> <br /> Sign 5: Font size at least 1 inch <br /> <br />LOITERING AT THE LOCATION OF A MEDICAL CANNABIS DISPENSARY FOR AN ILLEGAL <br />PURPOSE IS PROHIBITED BY CALIFORNIA PENAL CODE SECTION 647(h). <br /> <br /> Sign 6: Font size at least 1 inch <br /> <br />THIS MEDICAL CANNABIS DISPENSARY HAS RECEIVED A PERMIT TO OPERATE FROM THE CITY <br />OF SAN LEANDRO <br />4-33-600 – Seller’s Permit Requirement. <br />The State Board of Equalization has determined that medical marijuana transactions are subject to sales <br />tax, regardless of whether the individual or group makes a profit, and those engaging in transactions <br />involving medical marijuana must obtain a Seller’s Permit from the State Board of Equalization. Such <br />permit shall be conspicuously displayed at the Dispensary. Failure to maintain the Seller’s Permit is <br />grounds for revocation of the Dispensary permit. <br />4-33-800 Revocation, Suspension and Appeals. <br />For suspensions or revocations of Dispensary permits, the City shall follow the procedures set forth in San <br />Leandro Zoning Code section 5-2906, unless the suspension shall be effective immediately by order of the <br />City Manager or his or her designee pursuant to section 4-33-900 of the Municipal Code. <br /> <br />4-33-900 - Prohibited operations; Nonconforming Use and Immediate Suspension of Permit. <br /> <br />All dispensaries in violation of California Health and Safety Code Section 11362.7 et seq. and 11362.5 et <br />seq., this Chapter, or any other applicable State law are expressly prohibited. It is unlawful for any <br />Dispensary in the City, or any agent, employee or representative of such Dispensary to permit any breach <br />of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly <br />conduct on the premises of the Dispensary, or to violate any State law, or this Chapter. Any person <br />arrested for violation of law, or acts expressly prohibited herein while upon, inside, or within 10 feet of the <br />premises shall be just cause for immediate suspension of the Dispensary permit by the City Manager until <br />such time that a hearing in accordance with San Leandro Zoning Code section 5-2906 is held, and a final <br />decision made. <br /> <br />No use which purports to have distributed marijuana prior to the enactment of this Chapter shall be deemed <br />to have been a legally established use under the provisions of the San Leandro Zoning Code, the San <br />Leandro Municipal Code, or any other local ordinance, rule or regulation, and such use shall not be entitled <br />to claim legal nonconforming status. <br /> <br />4-33-110 - Liability. <br />To the fullest extent permitted by law, any actions taken by a public officer or employee under the <br />provisions of this Chapter shall not become a personal liability of any public officer or employee of the city <br />of San Leandro. <br /> <br />Section II. Severability.