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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 /> 5 <br /> <br /> <br />(f) At the time of submission of a Dispensary permit application, the applicant shall pay a non- <br />refundable Dispensary permit application fee. The fee amount shall be set by the City Council. <br /> <br />(g) The issuance of a Dispensary permit shall not be effective until the permit applicant has received <br />all other permits and approvals required by the City’s ordinances, rules and regulations, including but not <br />limited to any conditional use permit and building permit, and paid all fees. <br />4-33-300 – Compliance with State Law and Municipal Code. <br />(a) A Dispensary must comply with all applicable state and local laws, policies, rules and regulations, <br />including but not limited to the California Health and Safety Code, the City adopted Building Code, <br />Plumbing Code, Electrical Code, Mechanical Code, Fire Code, the San Leandro Municipal Code, the San <br />Leandro Zoning Code, and the San Leandro Administrative Code including any and all rules and <br />regulations related to the land use entitlement process, Dispensary operations, annual Dispensary permit <br />fee, annual business license fee, and the Americans with Disabilities Act to be in compliance with the <br />Dispensary permit. <br /> <br />The Dispensary must comply with any and all Conditions of Approval imposed upon it pursuant to any land <br />use permit or entitlement granted. <br />Failure to comply with the Conditions of Approval or any conditions imposed upon a Dispensary permit by <br />the City Manager, and all applicable local and state laws or regulations, and failure to pay when due all fees <br />may result in the imposition of fines, and suspension or revocation of the Dispensary permit after an <br />administrative hearing. The Dispensary may also be subject to enforcement through the City’s nuisance <br />abatement process and other administrative enforcement mechanisms, civil action, and criminal <br />prosecution as defined in San Leandro Municipal Code Chapter 1-12. <br />4-33-400 – Renewal of Permits <br />(a) Dispensary Permits must be renewed annually. Permit Holders shall contact the City’s Community <br />Development Director in writing no later than forty-five (45) days before the expiration of the current permit <br />to begin the renewal process. At that time, the Dispensary shall submit verification of a current Business <br />License, audited financial statements for the previous permit term, and any other requested financial <br />documents or information as required by the San Leandro Municipal Code or the Dispensary’s Permit. <br />As part of the annual renewal process the Dispensary shall be inspected by the Building Inspector and Fire <br />Marshall or their designees. Violations of the San Leandro Municipal Code shall be corrected within a <br />reasonable time, as determined by the Building Inspector, Fire Marshal or his/her designee. The <br />Dispensary shall provide proof to the City that there are no outstanding violations of the San Leandro <br />Municipal Code. <br />(b) A Dispensary Permit will not be renewed without payment of the annual renewal fee, or any other <br />fees on such operations established by the City Council. <br />4-33-500 - Performance standards.
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