Bell City Zoning Code

In order to preserve, promote and maintain the public health, safety, and welfare of the residents and businesses of the city, all cannabis-related businesses, activities and uses are regulated or prohibited as provided for by this chapter, unless local control is otherwise preempted by state law, and except as personal cannabis cultivation at a private residence is regulated otherwise by this code.

This chapter is not intended to interfere with a patient's right to medical cannabis as provided for in Section 11362.5 of the Health and Safety Code.

All adult-use commercial cannabis operations (including nonprofit operations) within the city, including, but not limited to, those which involve the activities of cultivation, manufacturer, testing laboratory, retailer, distributor or microbusiness, are prohibited, including, but not limited to, adult-use commercial cannabis activities licensed by the state license classifications listed below as provided in Business and Professions Code Section 26050, and as amended:

Medical commercial cannabis operations (including nonprofit operations) within the city which involve the activities of outdoor cultivation, mixed-light cultivation, retailer, or microbusiness are prohibited, including, but not limited to, medical commercial cannabis activities licensed by the state license classifications listed below as provided in Business and Professions Code Section 26050, and as amended:

The prohibition provided by subsections A and B includes any similar activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of similar activities, or similar operations (including nonprofit, collective or cooperative operations), including, but not limited to, a Type 9 (non-storefront retailer) as understood by Division 42 (Bureau of Cannabis Control) of Title 16 of the California Code of Regulations.

Medical commercial cannabis operations (including nonprofit operations) within the city which involve the activities of indoor cultivation, manufacturer, testing laboratory or distributor are allowed subject to: (1) issuance and maintenance of a valid and current City of Bell commercial cannabis operation permit pursuant to Chapter 5.88; (2) either (as determined by Chapter 5.88) entering into and continuing adherence to a development agreement as provided for by Section 5.88.100 of this code, or issuance and maintenance of a conditional use permit issued pursuant to Chapter 17.96; (3) continuing adherence to the entirety of Chapter 5.88 and all applicable city and state regulations and laws; and (4) issuance and maintenance of a valid and current equivalent state license type listed below, as provided for in Business and Professions Code Section 26050, and as amended:

The requirements provided by subsection A above apply to any similar medical cannabis activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of similar activities, or similar operations (including nonprofit, collective or cooperative operations).

Any violation of this chapter is punishable, at the discretion of the city prosecutor, as a misdemeanor or an infraction pursuant to Section 1.16.010 of this code, except for as preempted by state law; and, any violation of this chapter, at the discretion of the city, is punishable as an administrative citation pursuant to Chapter 1.20 of this code.

Public Nuisance Abatement.

The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.