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10A Action 2013 1104 v2
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10A Action 2013 1104 v2
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Last modified
12/13/2013 9:21:00 AM
Creation date
10/30/2013 3:41:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/4/2013
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PERM
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_CC Agenda 2013 1104 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1104
10B Action 2013 1118
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1118
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(b) This Chapter does not apply to the individual possession or cultivation of medical <br />marijuana for personal use, nor does this Chapter apply to the usage, distribution, <br />cultivation or processing of medical marijuana by qualified patients or primary <br />caregivers when such group is of three (3) or less individuals, and distributing, <br />cultivating or processing the marijuana from a residential unit or a single non-residential <br />parcel of land. Associations of three (3) or less qualified patients or primary caregivers <br />shall not be required to obtain a Dispensary permit under this Chapter, but must comply <br />with all applicable State Laws and the Attorney General Guidelines. <br /> <br />(c) The City shall issue no more than two (2) valid permits for the operation of <br />dispensaries in the City. <br /> <br />(d) In addition to the requirements specified in Chapter 2-2 related to Business <br />Licenses, the permit application for a Dispensary shall set forth the following <br />information: <br /> <br />(1) Unless it is determined by the City that the location will not impact the <br />peace, order and welfare of the public, evidence that the proposed location of such <br />Dispensary is not within one thousand (1000’) feet of a public or private school, public <br />library, youth center (serving youth ages eighteen (18) and under), parks and recreation <br />facilities, and another Dispensary and five hundred (500’) feet from a residential zone. <br />The proposed Dispensaries must be located in a commercial or industrial zone, or its <br />equivalent as may be amended, of the City. <br /> <br />(2) A complete description of the type, nature and extent of the enterprise to <br />be conducted, with evidence satisfactory to the City that the enterprise is either a <br />collective or cooperative, as described in the Attorney General Guidelines. <br /> <br />(3) A plan of operations that will describe how the Dispensary will operate <br />consistent with the intent of State law, the provisions of this Chapter, the Attorney <br />General Guidelines, the City’s Municipal and Zoning Codes, and conditions of approval <br />including but not limited to: <br /> <br />(i) Controls to verify membership in collectives and cooperatives to <br />ensure medical marijuana will be dispensed only to qualified patients and primary <br />caregivers; and <br /> <br />(ii) Controls to acquire, possess, transport and distribute marijuana to <br />and from members, and plans to ensure marijuana is acquired as part of a closed-circuit <br />of marijuana cultivation and consumption. <br /> <br />(iii) A security plan, as a separate document, outlining the proposed <br />security arrangements for ensuring the safety of persons and to protect the premises <br />from theft and burglary, and patrons and customers from robbery. The security plan <br />shall be reviewed by the Police Department and shall be exempt from disclosure as a <br />public record pursuant to Government Code Section 6255(a).
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