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Bell City Zoning Code

CHAPTER 17

58 COMMERCIAL CANNABIS USES

§ 17.58.010 Purpose and intent.

A. 
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.
B. 
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.
(Ord. 1226 § 3, 2017)

§ 17.58.020 Prohibited commercial cannabis operations.

A. 
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:
1. 
Type 1 = Cultivation; Specialty outdoor; Small.
2. 
Type 1A = Cultivation; Specialty indoor; Small.
3. 
Type 1B = Cultivation; Specialty mixed-light; Small.
4. 
Type 1C = Cultivation; Specialty cottage; Small.
5. 
Type 2 = Cultivation; Outdoor; Small.
6. 
Type 2A = Cultivation; Indoor; Small.
7. 
Type 2B = Cultivation; Mixed-light; Small.
8. 
Type 3 = Cultivation; Outdoor; Medium.
9. 
Type 3A = Cultivation; Indoor; Medium.
10. 
Type 3B = Cultivation; Mixed-light; Medium.
11. 
Type 4 = Cultivation; Nursery.
12. 
Type 5 = Cultivation; Outdoor; Large.
13. 
Type 5A = Cultivation; Indoor; Large.
14. 
Type 5B = Cultivation; Mixed-light; Large.
15. 
Type 6 = Manufacturer 1.
16. 
Type 7 = Manufacturer 2.
17. 
Type 8 = Testing laboratory.
18. 
Type 10 = Retailer.
19. 
Type 11 = Distributer.
20. 
Type 12 = Microbusiness.
B. 
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:
1. 
Type 1 = Cultivation; Specialty outdoor; Small.
2. 
Type 1B = Cultivation; Specialty mixed-light; Small.
3. 
Type 1C = Cultivation; Specialty cottage; Small.
4. 
Type 2 = Cultivation; Outdoor; Small.
5. 
Type 2B = Cultivation; Mixed-light; Small.
6. 
Type 3 = Cultivation; Outdoor; Medium.
7. 
Type 3B = Cultivation; Mixed-light; Medium.
8. 
Type 5 = Cultivation; Outdoor; Large.
9. 
Type 5B = Cultivation; Mixed-light; Large.
10. 
Type 10 = Retailer.
11. 
Type 12 = Microbusiness.
C. 
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.
(Ord. 1226 § 3, 2017)

§ 17.58.030 Permitted commercial cannabis operations.

A. 
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:
1. 
Type 1A = Cultivation; Specialty indoor; Small.
2. 
Type 2A = Cultivation; Indoor; Small.
3. 
Type 3A = Cultivation; Indoor; Medium.
4. 
Type 4 = Cultivation; Nursery (indoor only).
5. 
Type 5A = Cultivation; Indoor; Large.
6. 
Type 6 = Manufacturer 1.
7. 
Type 7 = Manufacturer 2.
8. 
Type 8 = Testing laboratory.
9. 
Type 11 = Distributer.
B. 
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).
(Ord. 1226 § 3, 2017)

§ 17.58.040 Violations and penalties-Public nuisance.

A. 
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.
B. 
Public Nuisance Abatement.
1. 
Any commercial cannabis operation that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 8.36 of this code.
2. 
All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.
3. 
Any appeal to a determination that commercial cannabis operation constitutes a public nuisance shall be pursuant to the appeal provisions in Chapter 8.36 of this code.
C. 
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.
D. 
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.
(Ord. 1226 § 3, 2017)