The purpose of this chapter is to regulate the operation of cannabis businesses, and the research and development of cannabis and cannabis products, to safeguard the public health and general welfare of business owners and employees and of the City of Brisbane at large.

(Ord. No. 617, § 16, 9-7-17)

All cannabis businesses and research and development businesses involving cannabis must comply with all of the operating standards contained in this section, subject to review and determination by the police chief.

A.

State License and Accreditation. Beginning at such a time that the State has begun to issue licenses and at all times thereafter, cannabis businesses shall hold a valid state license for the equivalent state license type. Research and development testing laboratories for cannabis must hold a valid certificate of accreditation from the State of California per the requirements of Section 26100 of the California Business and Professions Code, as may be amended from time to time.

B.

Hours of Operation. All cannabis businesses shall be closed to the general public. Cannabis businesses that provide retail deliveries and pick-ups shall be closed between the hours of ten (10:00) p.m. and eight (8:00) a.m. All other cannabis business operations shall be subject to the operating hour regulations either as established in the underlying zoning district in which the business is located or as established by the planning commission in its approval of a conditional use permit for a cannabis business that requires a conditional use permit.

C.

Odor Control. Odors shall be contained on the property on which the business is located. If the city receives any odor complaints, permittees shall work with the building official to correct odor concerns. Unresolved or repeated odor complaints may be the basis for suspension or revocation of the business license or use permit, as applicable.

D.

Location of Business Activities. All aspects of the business, with the exception of incidental loading and off-loading of cannabis or cannabis products, shall occur within the building where the business is being conducted. No production, distribution, warehousing, display, or wholesale of cannabis products shall be visible from the exterior of the building.

E.

Security Measures. All operators shall maintain a commercial burglar alarm monitoring system, and install a video surveillance system. Additional security measures may be required by the police chief consistent with the requirements of Section 17.33.030(B)(8) of this chapter.

F.

Security Breach. All operators shall notify the Brisbane Police Department immediately after discovering any of the following:

1.

Diversion, theft, loss, or any criminal activity involving the cannabis or any agent or employee of the business.

2.

The loss or unauthorized alteration of business records related to employees or agents of the business.

3.

Significant discrepancies identified during inventory.

4.

Any other breach of security.

G.

Labeling. Labels and packages of cannabis and cannabis products shall meet all state and federal labeling requirements.

H.

Inspections and Records. Inspections shall be scheduled by the police chief whenever deemed necessary by the police chief. Inspections shall take place at a reasonable time with prior notice to the business operator. Upon request, the business operator shall timely provide the police chief with records related to the business, including, but not limited to, utility bills from the commercial energy provider for the premises. This section shall not limit any inspection authorized under any other provision of law or regulation.

I.

Notification of Change in Ownership or Managerial Employee. All operators shall notify the Brisbane Police Department immediately upon a change in ownership or the hiring of new managerial employees. New business owners or managerial employees must provide all applicable information required by Section 17.33.030(B).

(Ord. No. 617, § 16, 9-7-17; Ord. No. 625, § 1, 4-5-18; Ord. No. 632, § 1, 12-6-18)

A.

Prior to the city's granting of a use permit or business license for a cannabis business or research and development business involving cannabis, the applicant must demonstrate compliance with all operating standards contained in Section 17.33.020.

B.

In addition to the applicable submittal requirements associated with the use permit or business license application, the business operator must provide all of the following information on such forms provided by the city prior to use permit or business license issuance:

1.

The name and address for each business owner and an explanation of the legal form of business ownership.

2.

Until such time when state licenses are being processed and issued pursuant to California Business and Professions Code Chapter 3.5, as may be amended, each owner and managerial employee shall submit electronic fingerprint images and related information required by the Brisbane Police Department. The fingerprint images shall be used to determine the existence and content of a record of state or federal convictions or arrests, including those for which the person is free on bail or on his or her own recognizance pending trial or appeal.

3.

The address and assessor's parcel number(s) of the location of the proposed business, and the name and contact information for the property owner(s).

4.

A description of the specific state license type(s) that the applicant either has obtained or plans to obtain. The applicant shall specifically document how it will meet the state licensing requirements.

5.

A description of the nature of the business, product types, average production amounts for each product type, and source of cannabis material, as applicable.

6.

Plans showing all proposed building and site improvements, including site plans, floor plans, mechanical, plumbing (including details showing all sewers, floor drains) and electrical plans. The plans shall clearly label and distinguish between the existing and proposed improvements and show all exterior building, interior building, and site modifications.

At a minimum, plans shall:

a.

Show all fixtures, equipment, and building improvements to be utilized for the production and processing of cannabis products.

b.

Comply with all applicable California Building Codes, as amended in Title 15.

c.

Be reviewed and stamped by an appropriately licensed engineer.

7.

A description of measures to reduce solid waste and green waste associated with the business.

8.

A description and documentation of how the owner(s) will secure the premises twenty-four (24) hours per day, seven (7) days per week, and how waste derived from cannabis will be disposed of in a manner to ensure it may not be utilized for unlawful purposes. These security measures shall include, but may not be limited to, the following:

a.

Preventing individuals from remaining on the premises if they are not engaged in activity expressly related to the operations of the permit.

b.

Establishing limited access areas accessible only to authorized personnel including security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products.

c.

Storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner that prevents diversion, theft, and loss.

d.

Providing tamper proof and tamper evident packaging for finished cannabis products.

e.

Preventing off-site impacts to adjoining or near properties.

9.

A written description of the weight in pounds of both raw and processed materials that will be received, stored on-site, and distributed from the site on a daily basis.

10.

Application processing and permit fees, as applicable.

11.

Signature of the business owner(s). The signature(s) shall be evidence of the owner's express consent to allow the police chief or his/her designee to enter and inspect the premises upon reasonable notice. The signature(s) shall additionally certify under penalty of perjury that the information submitted in the application, including all supporting documents and materials, is to the best of the owner(s) knowledge and belief, true, accurate, and complete.

12.

The application shall be signed by the property owner(s). The signature(s) shall certify that he/she/it has reviewed the application, approves the use of the property for the purposes stated in the application, and agrees to allow the police chief or designee to enter and inspect the premises upon reasonable notice.

(Ord. No. 617, § 16, 9-7-17)

A.

Should the police chief determine at any time that the cannabis business or research and development business involving cannabis does not comply with the performance standards set forth in Section 17.33.020, the use permit shall be subject to the revocation procedures outlined in Chapter 17.48 and the business license shall be subject to the revocation procedures outlined in Chapter 5.16.

B.

Should the police chief determine at any time that the cannabis business or research and development business involving cannabis that is subject only to a building license does not comply with the performance standards set forth in Section 17.33.020, the business license shall be subject to the revocation procedures outlined in Chapter 5.16.

(Ord. No. 617, § 16, 9-7-17)