The purpose of this chapter is to regulate personal use of cannabis and commercial cannabis activity in the city. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

(Ord. No. 974-2021, § 1, 6-7-2021)

For purposes of this chapter, the following definitions shall apply:

Applicant means a person applying for a permit to engage in commercial cannabis activity within the city.

Business premises means the designated structure or structures and land specified in an application for a permit that is owned, leased, or otherwise held under the control of the applicant or cannabis business where the licensed commercial cannabis activity will be or is conducted.

Cannabis means all parts of the plant Cannabis sativa Linnaeus Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" does not include:

(1)

Industrial hemp, as defined in section 11018.5 of the California Health and Safety Code; or

(2)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

Cannabis business means any person engaged in commercial cannabis activity in the city.

Cannabis nursery means any facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Commercial cannabis activity includes all cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis, cannabis accessories, or cannabis products, except the personal uses and cultivation of cannabis permitted by California Health and Safety Code sections 11362.1 and 11362.2.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Day means calendar day unless another meaning is provided.

Delivery means the commercial transfer of cannabis or cannabis products to a customer.

Distribution means the procurement, sale, and transport of cannabis or cannabis products between licensed cannabis businesses.

Manufacture means the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes, the packaging or repackaging of manufactured cannabis or cannabis products, and labeling or relabeling the packages of manufactured cannabis or cannabis product.

Owner means owner as defined in Section 26001 of the California Business and Professions Code, included in the Medicinal and Adult Use Cannabis Regulation and Safety Act, as currently defined or as may be amended.

Permit means a city permit issued pursuant to this chapter to engage in commercial cannabis activity in the city.

Person includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Retail storefront means a place at which or a business by which cannabis, cannabis products, or accessories for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.

State licensing agencies mean the California Bureau of Cannabis Control, California Department of Public Health and the California Department of Food and Agriculture, or any other state agency designated by the State of California to regulate commercial cannabis activity.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(Ord. No. 974-2021, § 1, 6-7-2021)

(a)

Personal, non-commercial use, possession, purchase, or transport of cannabis or cannabis products for recreational or medicinal purposes is permissible in the city.

(b)

Outdoor cultivation. No person may cultivate cannabis outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit of entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(c)

Indoor cultivation. No Person may cultivate cannabis inside any structure in any zoning district of the city, unless (i) that person holds a cultivation permit issued pursuant to this chapter or (ii) that person cultivates no more than six plants at any one time and solely for personal use in a private residence or an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

(d)

Nothing in this Code shall limit the right of an owner of a private residence to restrict the use or cultivation of cannabis or cannabis products within that private residence, or on the grounds thereof, by tenants, licensees, or any other person with lawful access to that private residence.

(Ord. No. 974-2021, § 1, 6-7-2021)

(a)

It shall be unlawful to operate a cannabis business or otherwise engage in commercial cannabis activity within the city except with a permit issued pursuant to this chapter. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any cannabis business within the city except as permitted by this chapter and any other applicable provision of this Code.

(b)

A cannabis business shall obtain a separate permit for each type of commercial cannabis activity it will engage in in the city.

(c)

A cannabis business shall obtain a separate permit for each business premises at which it will engage in commercial cannabis activity in the city.

(d)

In addition to a cannabis business permit under this chapter, it shall be unlawful to operate a cannabis business or otherwise engage in commercial cannabis activity within the city without the approval by the city council of a development agreement and a condition use permit authorizing each proposed cannabis business.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 1, 10-4-2021)

Editor's note— Ord. No. 977-2021, § 1, adopted Oct. 4, 2021 amended § 19.27.040 and in doing so changed the title from "Cannabis business permit required" to "Cannabis business permit and other permits required," as set out herein.

(a)

The city manager shall be responsible for administering and enforcing this chapter. The city manager may designate its authority under this chapter to other city departments and employees as necessary to effectuate the purpose and intent of this chapter or to protect the public health, safety and welfare.

(b)

The city manager, in consultation with the city attorney, may adopt administrative policies to promulgate rules, regulations, and procedures to ensure the efficient and timely implementation of this chapter or to protect the public health, safety and welfare. Such policies shall be: (i) effective upon the date specified in the policy; (ii) signed by the city manager and the city attorney; and be made publicly available through the city clerk.

(c)

The city manager is the city's designated contact for all communications with the state licensing agencies.

(d)

The city council may, in its discretion, designate any other city official or other person, to perform any of the city manager's responsibilities pursuant to this chapter.

(Ord. No. 974-2021, § 1, 6-7-2021)

The following types of adult-use and medical-use commercial cannabis activity, as defined in Business and Professions Code Section 26050(a) and the regulations of the state licensing agencies, may be permitted to operate in the city, upon the approval of all permits required by this Code:

(1)

Cultivation (Indoor only: Types 1 through 5, excluding outdoor; Processor).

(2)

Delivery (Type 9).

(3)

Distribution (Types 11 and 13).

(4)

Manufacturing (Types 6, 7, N, P).

(5)

Retail Storefront (Type 10).

(6)

Testing (Type 12).

(7)

Temporary cannabis event.

(8)

Any commercial cannabis activity which requires a State of California license as currently defined or amended by the State of California and which is not identified in this chapter and not outdoor cultivation.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 2, 10-4-2021)

(a)

There shall be no limit on the number of permits issued pursuant to this chapter.

(b)

Nothing in this section creates a mandate that the city must issue any number of permits if it is determined that applicants do not meet the requirements for a permit pursuant to this chapter and other applicable state and local laws.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 3, 10-4-2021)

A cannabis business shall only be located in such subsets of such zoning districts as designated by the city council by resolution as authorized locations for each type of cannabis business. The following additional location restrictions apply to each cannabis business within the city.

(a)

Each cannabis business type must be located within the zoning districts specified by Barstow Municipal Code sections 19.16.030 and 19.18.030, as applicable.

(b)

A cannabis business shall not be located within a 1,000 foot radius of any public or private school providing instruction in kindergarten or any grades one through twelve, public park, public day care center or public youth center, or church or other religious land use that is in existence at the time the cannabis business applies for its initial permit.

(c)

A cannabis business shall not be located within a 1,000 foot radius of any residentially zoned district of the city (Districts ER, LDR, SFR, MDR, or any other newly created residential zoning district) that is so zoned at the time the cannabis business applies for its initial permit.

The distances specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the California Health and Safety Code.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 4, 10-4-2021)

(a)

The city manager shall prepare and publish application forms and instructions for applying for a permit and the additionally required development agreement and conditional use permit.

(b)

An applicant shall provide the following documents and information to the city manager as part of its application, in addition to any documents required by the city manager's application forms and procedures promulgated under subsection (a):

(1)

Landowner authorization for the proposed business premises;

(2)

Zoning map demonstrating the proposed business premises complies with location restrictions specified in section 19.27.080 of this chapter and other applicable provisions of this Code and the city council's resolution(s);

(3)

Disclosure of all owners and financial interest holders;

(4)

Business premises diagram;

(5)

Standard operating procedures;

(6)

Security plan;

(7)

Community liaison plan; and

(8)

Applications for a development agreement and conditional use permit signed by the cannabis business permit applicant and landowner, if not the same.

(c)

Within each application period to be specified by the city manager by regulation, an applicant may submit an application for a permit to the city manager.

(d)

An applicant shall pay a non-refundable application fee in an amount established by resolution of the city council to cover the costs associated with the processing of the application.

(e)

Within 30 days of an applicant paying the application fee pursuant to subsection (d) of this section, the city manager shall determine whether the applicant has submitted all required information and documents pursuant to subsection (b) of this section. If the applicant has submitted all required information and documents, the city manager shall notify the applicant in writing that its application is complete. If the applicant has not submitted all required information and documents, the city manager shall notify the applicant in writing of the remaining information and documents required to be submitted.

(f)

Upon the city manager's determination that an application is complete, the city manager shall issue the applicant local authorization for the purpose of applying for a state license from the state licensing agencies. At a minimum, the local authorization shall confirm that the applicant's compliance with the city's cannabis business permit process is underway but not complete.

(g)

After deeming an application complete, the city manager may issue a permit to an applicant if and once all of the following requirements are met:

(1)

The applicant provides an executed rental agreement or property deed for its business premises.

(2)

The city manager or its designee conducts a physical inspection of the business premises and determines that it is substantially similar to the premises diagram submitted as part of the application.

(3)

The city manager or its designee satisfies all requirements, if any, under the California Environmental Quality Act, relating to issuance of a permit.

(4)

The fire prevention department conducts a physical inspection of the business premises and determines that there are no violations of the fire and building codes.

(5)

The applicant has obtained all other permits, licenses, authorizations or other approvals required to conduct business in the city, including city council approval of a development agreement and conditional use permit.

(6)

The applicant's owner(s) complete a background check administered by the police department and no owner is found to have been convicted of a felony within the five years preceding to the date of application.

(7)

The applicant has obtained all required licenses from the state licensing agencies.

(8)

The city manager has determined that the applicant has met all applicable requirements of this Code and state law.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 5, 10-4-2021)

(a)

If an applicant does not meet all requirements for a permit, the city manager shall provide written notice to the applicant specifying which requirements the applicant does not meet and provide the applicant a reasonable opportunity to comply with those requirements. Thereafter, if the applicant fails or is unable to meet any requirement for a permit, the city manager may deny the application by providing written notice to the applicant specifying the reason(s) for denial.

(b)

An applicant may appeal a denial of its application pursuant to section 19.27.170 of this chapter, unless the denial was by the city council, in which case the decision is final and not appealable.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 6, 10-4-2021)

(a)

A cannabis business permit is valid for one year from the date of issuance.

(b)

To renew a permit, a cannabis business shall file an application for renewal, on a form provided by the city manager, at least 60 days prior to the expiration date of the current permit. The cannabis business shall also pay a non-refundable renewal application fee in an amount established by resolution of the city council to cover the costs associated with the processing of the application.

(c)

The city manager shall decide whether to approve or deny the application for renewal no later than 30 days before the current permit expires.

(d)

The city manager shall approve a timely application for renewal if the cannabis business provides all information required by the city manager, pays the renewal application fee, the cannabis business remains in compliance with the terms of its development agreement, conditional use permit, and cannabis business permit, and no reason exists to deny the application, such as noncompliance with applicable state or local laws.

(e)

The city manager may deny an application for renewal if it determines that the cannabis business has violated or is in violation of any requirements of this Code or any applicable state or local law or condition of any city approval or permit, provided the cannabis business is first afforded a reasonable opportunity to correct any violations.

(f)

An applicant may appeal a denial of an application for renewal pursuant to section 19.27.170 of this chapter. If an applicant timely files an appeal, its existing permit shall remain valid and active until it has exhausted all administrative appeal rights pursuant to 19.27.170 of this chapter.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 7, 10-4-2021)

(a)

A cannabis business shall be permitted to modify its ownership structure, including removing or adding owners, provided that the cannabis business provides the city manager an updated ownership and financial interest disclosure form within 15 days of the occurrence of the modification. If the city manager determines any new owner has been convicted of a felony within the last five years, the cannabis business shall not be permitted to operate unless the ineligible owner is removed from the ownership structure.

(b)

A cannabis business shall be permitted to transfer its permit to another person subject to the approval of the city manager. A Permit may only be transferred if the person receiving the permit first submits to the city manager all documents and information required pursuant to section 19.27.090(g) of this chapter and the city manager determines that person meets the requirements for a permit, including all applicable requirements of the development agreement and conditional use permit.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 8, 10-4-2021)

A cannabis business shall not engage in commercial cannabis activity in the city if it does not hold an active provisional or annual commercial cannabis license(s) from the state licensing agencies for each type of commercial cannabis activity it will engage in at its business premises in the city.

(Ord. No. 974-2021, § 1, 6-7-2021)

(a)

A cannabis business in the city shall comply with all city laws and all other applicable laws.

(b)

A cannabis business in the city shall comply with all applicable provisions of Business and Professions Code Section 26000, et seq. and all applicable rules and regulations promulgated by the state licensing agencies.

(c)

Community relations liaison. A cannabis business shall designate one of its owners or full-time employees as its community relations liaison and who shall be responsible for receiving and responding to all concerns and complaints made to the city regarding the cannabis business and for making a good faith attempt to promptly address all concerns and resolve all complaints. The community relations liaison's name, phone number and email address shall be posted prominently on the exterior of the cannabis business's business premises.

(d)

Age restrictions. Individuals under 21 years of age shall not be allowed on the business premises of any cannabis business, except as pertaining to the sale of cannabis for medicinal use by a storefront retail cannabis business to a medical patient or primary caregiver who is at least 18 years of age.

(e)

Hours of retail operation. A retail storefront cannabis business shall only be open to the public between the hours of 6:00 a.m. and 10:00 p.m. A delivery cannabis business shall only deliver cannabis or cannabis products between the hours of 6:00 a.m. and 10:00 p.m. The city manager may adjust these default hours by regulation.

(f)

Security requirements. A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products. These security measures shall include, but may not be limited to the following:

(1)

Alarm system (perimeter, fire, and panic buttons).

(2)

Remote monitoring of alarm systems by licensed security professionals.

(3)

Perimeter lighting systems (including motion sensors) for after-hours security.

(4)

Perimeter security and lighting.

(5)

Establishing limited access areas accessible only to authorized cannabis business personnel.

(6)

All cannabis and cannabis products shall be stored and secured in accordance with the requirements specified by the State of California. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

(7)

Twenty-four-hour security surveillance cameras to monitor all entrances and exits to and from the business premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. Live feed and video recordings shall be maintained for a minimum of 90 cannabis events.

(8)

Entrance areas are to be under the control of a designated responsible party that is either: (a) an employee of the cannabis business; or (b) a licensed security professional.

(g)

Odor control. A cannabis business shall implement an adequate ventilation system and odor control filtration measures to prevent odors from inside the business premises from being detected outside the business premises. Activated carbon filters are required for locations growing or manufacturing cannabis. If any cannabis facility has multiple complaints of odors this may trigger an inspection. If upon inspection a facility does have noticeable odor coming from inside the facility to the outside and the facility, then additional measures to reduce odor will be required as determined by the community development department. This includes, but is not limited to, the installation of additional activated carbon or other kinds of filters.

(h)

Restriction on alcohol and tobacco sales.

(1)

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the business premises of a cannabis business.

(2)

No person shall cause or permit the sale of tobacco products on or about the business premises of a cannabis business.

(i)

Onsite consumption of cannabis. No person shall consume cannabis or cannabis products on the business premises of a cannabis business. Notwithstanding the foregoing, a cannabis business permitted for retail storefront activity may allow a person to consume cannabis in a designated consumption area of its business premises. The cannabis business shall first obtain from the city manager to operate a consumption are and comply with all regulations promulgated by the city manager concerning the operation of consumption areas.

(j)

Temporary cannabis events. A cannabis business permitted for retail storefront activity may hold a temporary cannabis event at which the onsite sale and consumption of cannabis goods is authorized. The cannabis business shall comply with all regulations of the state licensing agencies and those promulgated by the city manager concerning temporary cannabis events.

(k)

Prevention of loitering or public disturbance. A cannabis business shall take reasonable steps to discourage persons on or around its business premises, including any parking areas under its control from engaging in illegal, criminal, or nuisance activities, including, but is not limited to, disturbances of the peace, public intoxication, drinking alcoholic beverages, smoking or ingesting cannabis products, illegal drug activity, vandalism, obstruction of the operation of a another business, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, or any other behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, or businesses.

(l)

Access for city officials. A cannabis business shall provide immediate access to its business premises and all areas therein to employees or agents of the city performing their official duties.

(m)

The city manager or its designee may develop other operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

(n)

Cannabis growing, manufacturing and testing shall be in appealing and discreet facilities that do not openly advertise the presence of any cannabis products or operations on site and subject to city's design guidelines.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 9, 10-4-2021)

(a)

Within one year of the adoption of this chapter, the city manager shall establish a registry for city residents who are interested in employment opportunities at cannabis businesses in the city. The registry shall include the name, phone number and email address of each individual who registers.

(b)

A cannabis business shall make a good-faith effort to employ residents of the city for a minimum of 40 percent of total annual work hours performed at the business. The 40 percent requirement shall take effect one year after the cannabis business first obtains its permit and continue yearly thereafter. A cannabis business shall satisfy its obligation to make a good-faith effort by notifying all individuals on the city manager's registry of new employment opportunities and considering all qualified individuals on the registry for such opportunities.

(c)

A cannabis business shall not be considered in violation of this section if it fails to employ city residents for a minimum of 40 percent of total annual work hours performed if the cannabis business demonstrates to the city manager that it:

(1)

Notified all individuals on the registry of each employment opportunity available at the cannabis business; and,

(2)

An insufficient number of individuals on the registry applied for each employment opportunity or possessed the necessary experience or qualifications for each employment opportunity.

(Ord. No. 974-2021, § 1, 6-7-2021)

(a)

The city manager or its designee shall be responsible for monitoring cannabis businesses' compliance with the requirements of this Code and all other applicable laws. A cannabis business shall be subject to inspection, investigation or audit by the city manager or its agents during business hours, with no notice required, to determine compliance with this chapter.

(b)

If the city manager determines that a cannabis business in the city has violated the requirements of this Code or any other applicable law, including the terms of each cannabis business' development agreement, conditional use permit, and cannabis business permit, the city manager may issue the cannabis business a written notice of violation, which shall identify each violation, specify the facts underlying each violation, and specify any administrative penalty imposed for each violation.

(c)

The city manager may impose one or more of the following administrative penalties on a cannabis business for violation of this chapter or any other applicable law:

(1)

Suspension of permit;

(2)

Revocation of permit;

(3)

Imposition of more restrictive permit operating requirements;

(4)

Order to take corrective action.

(d)

The city manager shall determine an appropriate administrative penalty, if any, by considering factors, including, but limited to:

(1)

The extent of harm or potential harm caused by the violation;

(2)

The nature and persistence of the violation;

(3)

The length of time over which the violation occurs;

(4)

The history of past violations; and

(5)

Any mitigating evidence.

(e)

A cannabis business may appeal a notice of violation and any administrative penalty as pursuant to section 19.27.170 of this chapter.

(f)

A notice of violation shall be final and effective 30 days from issuance unless timely appealed pursuant to section 19.27.170 of this chapter.

(g)

The remedies provided in this section are in addition to the remedies and penalties available under this Code, and all other laws of this state.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 10, 10-4-2021)

(a)

This section shall govern the procedures for appealing a decision by the city manager pursuant to sections 19.27.100, 19.27.110 and 19.27.160 of this chapter. Any cannabis permitting decision made by the city council is final and not appealable.

(b)

An applicant or cannabis business may appeal a decision by the city manager pursuant to sections 19.27.100, 19.27.110 and 19.27.160 of this chapter within 30 days of the date on which the city manager mailed written notice of its decision to the applicant or cannabis business.

(c)

An applicant or cannabis business shall file its appeal in writing to the city manager. The appeal shall specify the decision being appealed and the basis for the appeal. Upon receipt of an appeal, the city manager shall transmit it to the city council.

(d)

Upon receipt of an appeal, the city manager shall have discretion to modify or reverse its decision being appealed based upon evidence or arguments presented by the applicant or cannabis business. The city manager shall also have the authority to enter into stipulated agreements concerning the appeal.

(e)

The city council shall hold a public hearing on the appeal no later than 90 days from the date the applicant or cannabis business filed the appeal with the city manager. At the public hearing, the applicant or cannabis business shall have a reasonable opportunity to present evidence and arguments concerning its appeal. The city council shall consider all appeals on a de novo basis.

(f)

No later than 30 days after the public hearing of the appeal, the city council shall decide to uphold, reverse or modify the city manager's decision. The city council's decision is final and effective upon issuance and is not appealable.

(g)

Any deadline under this section may be extended upon the mutual agreement of the applicant and the city council.

(h)

Calculation of time. Unless otherwise specified, when the final day for the filing of an appeal or holding a public hearing falls on a Saturday, Sunday or city holiday, the time for filing or holding the hearing shall be extended to the close of the next business day, and the effective or final date of any action, decision or determination shall be extended by the same amount of time.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 10, 10-4-2021; Ord. No. 977-2021, § 11, 10-4-2021)