Ord 2022-015 Cannabis Ordinance Updates

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(d) "Cannabis Dispensary" or "Dispensary" shall mean a business or other entity that sells, distributes, dispenses, stores, exchanges, processes, delivers, makes available, cultivates, transmits and/or gives away cannabis or cannabis -infused products in the City. This includes an establishment that delivers cannabis and cannabis products as part of a retail sale. "4-33-300 — COMPLIANCE WITH STATE LAW AND MUNICIPAL CODE. (a) A Dispensary must comply with all applicable state and local laws, policies, rules and regulations, including but not limited to the California Health and Safety Code, the City adopted Building Code, Plumbing Code, Electrical Code, Mechanical Code, Fire Code, the San Leandro Municipal Code, the San Leandro Zoning Code, the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"), and the San Leandro Administrative Code including any and all rules and regulations related to the land use entitlement process, Dispensary operations, annual Dispensary permit fee, annual business license fee, and the Americans with Disabilities Act in order to be in compliance with the Dispensary permit. The Dispensary must comply with any and all Conditions of Approval imposed upon it pursuant to any land use permit or entitlement granted. In accordance with San Leandro Municipal Code section 4-38-300, no Dispensary may cultivate cannabis within the City. Failure to comply with the Conditions of Approval or any conditions imposed upon a Dispensary permit by the City Manager, and all applicable local and state laws or regulations, and failure to pay when due all fees may result in the imposition of fines, and suspension or revocation of the Dispensary permit after an administrative hearing. The Dispensary may also be subject to enforcement through the City's nuisance abatement process and other administrative enforcement mechanisms, civil action, and criminal prosecution as defined in San Leandro Municipal Code Chapter 1-12, including enforcement procedures set forth in section 1-12-140." B. The City Council hereby amends Chapter 4-38, Permitted Commercial Cannabis Activity, Section 4-38-500, Enforcement, to read as follows (with additions underlined and deletions in strikethrough): "4-38-500 — ENFORCEMENT. (a) Any cultivating, infusing, manufacturing, packaging, testing, or transporting commercial cannabis activity within the City and without a permit under this Chapter or in violation of this Chapter is expressly prohibited and is hereby declared to be unlawful and a public nuisance. (b) Any person who willfully or knowingly: (1) engages in a violation of this Chapter; or (2) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this Chapter is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this Chapter. ORDINANCE NO. 2022-015