The title of this Chapter shall be "Personal Use and Commercial Cannabis Regulations."

(Ord. No. 726, § 6, 3-25-2019)

A.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons and provide access to cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to adult-use of cannabis for persons over the age of twenty-one as authorized by the Control, Tax and Regulate the Adult Use of Cannabis Act ("AUMA" or "Proposition 64") passed by California voters in 2016), while imposing reasonable regulations on the use of land to protect the city's residents, neighborhoods, open space/recreational areas, agricultural lands, and businesses from disproportionately negative impacts.

B.

It is the purpose and intent of this Chapter to regulate the cultivation of cannabis for personal use, and the cultivation, processing, manufacturing, testing, sale, delivery, distribution, and transportation of commercial cannabis and cannabis products (for medicinal and adult-use purposes) in a responsible manner to protect the health, safety, and welfare of the residents of the city, and to enforce rules and regulations consistent with state law.

C.

It is the further purpose and intent of this Chapter to require all commercial cannabis businesses to obtain and renew annually a license to operate within the city.

D.

This Chapter is not intended to, and shall not be construed to, prohibit or interfere with any right, defense, or immunity under Health and Safety Code Section 11362.5 (the Compassionate Use Act), or under Health and Safety Code Section 11362.7 et seq. (the Medical Marijuana Program Act).

E.

This Chapter is not indented to, and shall not be construed to, prohibit or interfere with any right, defense, or immunity of any person twenty-one years of age or older relating to the adult personal possession or cultivation of cannabis or marijuana consistent with the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act, and MAUCRSA.

F.

Nothing in this Chapter shall be construed to authorize the cultivation, possession, or use of cannabis or marijuana for any purpose inconsistent with state or local law, or beyond the extent constitutionally permissible, federal law.

G.

The provisions of this Chapter are in addition to any other permits, licenses, and approvals which may be required to conduct business in the city, and in addition to any permits, licenses, and approvals required under state, county, or other law.

(Ord. No. 726, § 6, 3-25-2019)

Pursuant to Section 7 of Article XI of the California Constitution, the provisions of AUMA and MAURCRSA, the city is authorized to adopt ordinances that establish standards, requirements and regulations for the personal cultivation of cannabis, and the licensing and permitting of commercial (medicinal and adult-use) cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the state, or any of its departments or divisions, shall be the minimum standards applicable in the city to all personal use, and commercial cannabis activity.

(Ord. No. 726, § 6, 3-25-2019)

Nothing in this Chapter shall be construed as authorizing any actions that violate federal, state, or local law. It shall be the responsibility of the person(s) involved in the regulated activity to ensure that all personal use or commercial cannabis activities are, at all times, being conducted in a manner compliant with all applicable federal, state and local laws, including for as long as applicable, all state cannabis laws, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a land use permit or commercial cannabis operator's license.

(Ord. No. 726, § 6, 3-25-2019)

When used in this Chapter, the following words are defined as follows and in Chapter 14.08. If a word or term is not defined in this Section, Chapter 14.08, or in other provisions of the Carpinteria Municipal Code, the word or term shall have the meaning ascribed to it in Business and Professions Code Section 26001, or Health and Safety Code Section 11362.7 ("state cannabis laws"). In cases where a definition is not provided, the meaning shall be as determined by the director.

"Adult-use (recreational) cannabis" means adult-use (recreational) cannabis, as defined in CMC §14.08.018.

"Cannabis" means cannabis, as defined in CMC §14.08.093.

"Cannabis event" means a public or private event where compensation is provided or exchanged, either directly or indirectly, or as part of an admission or other fee for service, or where admission is free, for the provision, hosting, promotion, or conduct of the event where consumption of cannabis or cannabis products is part of the activities.

"Cannabis products" means cannabis products, as defined in Health and Safety Code Section 11018.1.

"City" means the city of Carpinteria.

"Commercial cannabis activity" means commercial cannabis activity, as defined in CMC §14.08.131.

"Commercial cannabis business" means any business or operation which engages in medicinal cannabis or adult-use (recreational) cannabis commercial activity.

"Commercial cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, or any location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs, when conducted for any purpose other than those covered under personal use cannabis cultivation as defined in CMC §14.08.509.

"Commercial cannabis distribution" means commercial cannabis distribution, as defined in CMC §14.08.132.

"Commercial cannabis manufacturing" means commercial cannabis manufacturing as defined in CMC §14.08.133.

"Commercial cannabis non-storefront retail (delivery)" means commercial cannabis non-storefront retail (delivery) as defined in CMC §14.08.134.

"Commercial cannabis operator's license" means an annual license issued by the city pursuant to Title 5 (Business Taxes, Licenses and Regulations) necessary to legally conduct commercial cannabis activities within the city.

"Commercial cannabis retail storefront dispensary" means an establishment where cannabis, cannabis products, or devices for the use of cannabis products are offered, either individually or in any combination, for retail sale from a premises, meaning a "brick and mortar" facility, with direct physical access for the public.

"Commercial cannabis testing laboratory" means commercial cannabis testing laboratory as defined in CMC §14.08.135.

"Common area" includes, but is not limited to, recreational areas and facilities for the use of the residents of a project, such as playgrounds, community gardens, landscaped areas for common use, hallways, indoor and outdoor courtyards, or other open areas of the site.

"Cultivation" means cultivation, as defined in Business and Professions Code Section 26001.

"Day care center" means day care center, as defined in Health and Safety Code Section 1596.76.

"Indoors" means inside a fully enclosed and secure structure, including a fully enclosed and secured residential structure.

"Non-volatile manufacturing" means the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, using non-volatile organic or inorganic compounds, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers.

"Outdoor" means any location within the city that is not within a fully enclosed and secure structure.

"Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

"Personal use cannabis cultivation" means personal use cannabis cultivation, as defined in CMC §14.08.509.

"Premises" means the area of land under one ownership surrounding a house or building and including any house or building thereon.

"Public place" means any public or private place open to the general public, including, for example, streets, sidewalks, parking lots, parking garages, plazas, parks, playgrounds, and schools.

"School" means any school providing instruction in kindergarten or any grades one through twelve.

"State license" means a license issued by the state, or one of its departments or divisions, under MAUCRSA and any subsequent state legislation regarding the same, to engage in commercial cannabis activity.

"Vending machine" means any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether in coin or paper bill, or debit or credit card, or other thing representative of value, which device or appliance dispenses or releases cannabis, cannabis product(s) and/or cannabis accessories.

"Volatile manufacturing" means the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, using volatile organic compounds, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers.

"Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

"Youth center" means youth center, as defined in Health and Safety Code Section 11353.1.

(Ord. No. 726, § 6, 3-25-2019)

A.

Cultivation of cannabis for personal use shall be allowed without a land use entitlement as an accessory use to a legally permitted dwelling subject to the following regulations and restrictions:

1.

Possession, storage, and/or cultivation of cannabis shall only be exclusively for the cultivator's personal use cannabis cultivation, and the cannabis shall not be provided, donated, sold, and/or distributed to any other person, except as allowed by and as described in the state law and the Compassionate Use Act for primary caregivers who cultivate medicinal cannabis.

2.

It shall be unlawful for any person to plant, cultivate, harvest, dry, process, maintain, possess, or store any cannabis live plants on a premises that does not have a private residence used for residential dwelling purposes by the person cultivating the cannabis live plants.

3.

Personal use cannabis cultivation is limited to six plants, per legally established dwelling, grown indoors within a permanently affixed, fully enclosed structure, as permitted by this Section, unless otherwise allowed by the Compassionate Use Act for medicinal cannabis.

4.

All areas for cultivation must comply with applicable building standards and regulations, including regulations pertaining to ventilation and fire protection.

5.

Personal use cannabis cultivation may not interfere with the primary occupancy of the dwelling or accessory structure, including regular use of the kitchen(s) or bathroom(s).

6.

Cannabis plants shall not be maintained within any building setback areas as established in Title 14 of this code.

7.

All areas for personal use cannabis cultivation shall not be located in an area that is designated for a use that is required in order to comply with a regulation of this Title (e.g., in a garage if the growing area would occupy required parking spaces for the residential use of the premises).

8.

Outdoor personal use cannabis cultivation is prohibited in all zone districts of the city.

9.

Personal use cannabis cultivation is prohibited in all indoor common areas of apartment, condominium, and mobile home park developments.

B.

Hazardous personal use cannabis cultivation practices prohibited.

1.

Personal use cannabis cultivation for recreational adult-use or medicinal purposes, that uses or stores hazardous or toxic chemicals or materials, creates hazardous or toxic products or wastes, or uses volatile solvents, processes or other methods or substances that pose a significant risk to public health or safety, is prohibited and unlawful.

C.

Personal use cannabis cultivation neighborhood impacts and public nuisance.

1.

As viewed from a public place, there shall be no exterior evidence of cultivation occurring on the premises, including but not limited to, any cannabis plants, equipment used in the growing and cultivation of cannabis, and any light emanating from cultivation-related lighting.

2.

Cultivation that adversely affects public health or safety, or adjacent or nearby residents, by creating odor, dust, glare, heat, noise, noxious gasses, smoke, vibration, or other impacts, or is hazardous due to use or storage of materials, processes, products, or waste materials, constitutes a public nuisance.

3.

Any activity or condition caused or permitted to exist in violation of this chapter shall constitute a public nuisance.

D.

Enforcement of regulations.

1.

Violation of this Chapter may be enforced pursuant to the provisions of this code. Nothing in this Chapter in any way limits any other remedies that may be available to the city, or any penalty that may be imposed by the city, for violations of this Chapter.

(Ord. No. 726, § 6, 3-25-2019)

The following commercial cannabis activities are prohibited throughout the city in all zone districts:

A.

Commercial cannabis cultivation, including but not limited to indoor, outdoor, and mixed-light cultivation, and cannabis nurseries.

B.

Commercial cannabis retail storefront dispensaries, including but not limited to, retail storefronts open to the public, drive-thru businesses, and vending machines, and whether selling medicinal cannabis and/or adult-use (recreational) cannabis. Non-storefront retail (delivery) services are not included in this prohibition, subject to specific development standards as provided for in this Chapter.

C.

Cannabis events.

D.

All outdoor commercial cannabis activities, including but not limited to, outdoor storage, processing, or manufacturing of commercial cannabis or cannabis products.

E.

Any other commercial cannabis activity not otherwise identified as an allowed use in this Title.

(Ord. No. 726, § 6, 3-25-2019)

Allowed commercial cannabis activities shall be as provided for in the permissible uses listed for each zone district subject to development plan or conditional use permit approval. If a commercial cannabis activity is not listed as an allowed use subject to development plan or conditional use permit approval in a particular zone district, then that use is prohibited in that district.

(Ord. No. 726, § 6, 3-25-2019)

All commercial cannabis businesses shall be required to comply with the following city and state licensing requirements:

A.

It shall be unlawful for any person to own, conduct, manage, operate, engage or participate in, work or volunteer at a commercial cannabis activity or commercial cannabis business that does not have a valid commercial cannabis operator's license issued pursuant to this Chapter or other city permits or licenses required by this code, in addition to the appropriate license(s) required by state law to conduct the commercial cannabis activity. Any commercial cannabis business or commercial cannabis activity conducted without all required city permits and city and state licenses is prohibited and unlawful, and is hereby declared to be a public nuisance.

B.

A commercial cannabis business must obtain a conditional approval from the city of a commercial cannabis operator's license prior to obtaining approval for a development plan or conditional use permit, and coastal development permit, for a commercial cannabis activity.

(Ord. No. 726, § 6, 3-25-2019)

The city council shall, by resolution or ordinance, adopt such forms, fees, regulations, and procedures as are necessary to implement this Chapter with respect to the application and qualification for, and the selection, future selection, investigation, process, issuance, renewal, revocation, and suspension of, commercial cannabis operator's licenses.

(Ord. No. 726, § 6, 3-25-2019)

The amount of any fee, cost, or charge imposed pursuant to this Chapter shall be deemed a debt to the city that is recoverable in any court of competent jurisdiction.

(Ord. No. 726, § 6, 3-25-2019)

The premises of each commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis or cannabis products on the premises, or in areas adjacent to the commercial cannabis business is prohibited.

(Ord. No. 726, § 6, 3-25-2019)

No person shall dispense, serve, store, give away, or consume, or cause or permit the sale, dispensing, serving, giving away, or consumption of alcoholic beverages or tobacco in or on the premises of a commercial cannabis business.

(Ord. No. 726, § 6, 3-25-2019)

The general public is not permitted on the licensed premises of a commercial cannabis business except for the agents, applicants, managers, employees, and volunteers of the commercial cannabis activity, and agents or employees of the city, Carpinteria-Summerland Fire Protection District, and Police Department.

(Ord. No. 726, § 6, 3-25-2019)

No person under twenty-one years of age shall be allowed on the premises of a commercial cannabis business. Every entrance to a licensed commercial cannabis business shall be clearly and legibly posted with the following notice: "Entry onto these premises by persons under 21 years of age is prohibited by law. Valid photo ID required."

(Ord. No. 726, § 6, 3-25-2019)

No commercial cannabis business shall be located within a seven hundred-foot radius of a school, day care center, youth center, convalescent care facility, urgent care or other medical facility, public park, or other type of public recreational facility that is in existence at the time of issuance of a commercial cannabis operator's license or permit approval for a commercial cannabis activity from the city. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the sensitive receptor to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.

(Ord. No. 726, § 6, 3-25-2019)

Permitted hours of operation for commercial cannabis businesses shall be as provided for below:

A.

Commercial cannabis retail non-storefront (delivery).

1.

Commercial cannabis retail non-storefront (delivery) businesses shall be limited to conducting business between the hours of 6:00 a.m. and 10:00 p.m.

B.

Commercial cannabis business other than retail non-storefront.

1.

All commercial cannabis activity other than retail non-storefront (delivery) shall be limited to conducting business between the hours of 7:00 a.m. and 10:00 p.m.

(Ord. No. 726, § 6, 3-25-2019)

Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public right-of-way, on or around the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business.

The odor control plan shall include the following elements:

A.

A description of the specific odor-emitting activity(ies) that will occur on the premises.

B.

A floor plan, specifying locations of odor-emitting activity(ies) and emissions.

C.

A description of all equipment and methods to be used for reducing odors and ensuring that odors do not migrate off-site. Odor control equipment should consist of a building ventilation system that collects the air from all potential odor-generating activities or areas, and directs it to a control device such as an air exhaust system with odor control that prevents odors from being emitted externally, or an air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

1.

A professional engineer or a certified industrial hygienist must review and certify that the equipment and methods to be used for reducing odors are consistent with accepted and available industry-specific best control technologies and methods designed to ensure that odors from the use do not migrate off-site.

2.

Any mechanical equipment necessary to carry out the requirements of the odor control plan shall be adequately screened from public view, and shall comply with all other requirements of the M-RP district.

(Ord. No. 726, § 6, 3-25-2019)

All commercial cannabis businesses shall comply with the following requirements to ensure commercial cannabis businesses and commercial cannabis activities are conducted in a discreet manner and do not detract from the public's health, safety or welfare:

A.

From a public right-of-way, there should be no exterior evidence of a commercial cannabis business except for any signage authorized by this Chapter. Commercial cannabis activities shall not create offensive or excessive odors, dust, heat, noise, light, glare, smoke, traffic, or hazards due to the use or storage of materials, processes, products, or wastes, or other unreasonable impacts to people of normal sensitivity living, working, or lawfully present in the vicinity of the commercial cannabis business.

B.

No cannabis or cannabis product shall be visible from the exterior of any commercial cannabis business, or in any of the vehicles owned or used as part of a commercial cannabis business.

C.

Vehicles owned or used as part of a commercial cannabis business shall not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for, or affiliated with, a commercial cannabis business.

D.

Signage and notices shall comply with the following requirements:

1.

In addition to the requirements otherwise set forth in this Chapter, business identification signage for a commercial cannabis business shall conform to the requirements of state cannabis law, and the Carpinteria Municipal Code, including but not limited to, the requirements for a city sign permit.

2.

No portion of the cannabis plant may be used in any sign visible from the public right-of-way.

3.

The premises of each commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis or cannabis products on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

4.

Every entrance to a licensed commercial cannabis business shall be clearly and legibly posted with the following notice: "Entry onto these premises by persons under 21 years of age is prohibited by law. Valid photo ID required."

(Ord. No. 726, § 6, 3-25-2019)

Required parking for commercial cannabis businesses shall be as provided for under industrial uses in CMC § 14.54.040(2)(c).

(Ord. No. 726, § 6, 3-25-2019)

Outdoor lighting associated with commercial cannabis activities shall comply with the following lighting standards in addition to any lighting requirements of the base zoning district:

A.

Outdoor lighting necessary for security must consist solely of motion-sensor lights.

B.

Any outdoor lighting used for the illumination of parking areas, walkways, and/or loading areas, or for security, must be fully shielded, directed downward, and dark sky compliant.

C.

A lighting plan demonstrating compliance with these requirements shall be submitted to the community development director for review and approval prior to issuance of any permits for construction. Ongoing compliance throughout operation of the commercial cannabis business shall be required thereafter.

(Ord. No. 726, § 6, 3-25-2019)

Commercial cannabis businesses shall comply with the noise limit requirements of the base zoning district. Sources of regulated noise shall include, but not be limited to, all commercial cannabis activities, environmental and climate control systems, and emergency generators. Buildings and equipment shall be sufficiently soundproofed to meet applicable requirements. Commercial cannabis businesses shall be responsible for demonstrating compliance with district noise standards prior to issuance of any permits for construction and throughout operation of the commercial cannabis business thereafter, to the satisfaction of the community development director.

(Ord. No. 726, § 6, 3-25-2019)

The following additional use-specific development standards shall apply to each of the identified types of commercial cannabis activity or commercial cannabis businesses.

A.

Commercial cannabis testing laboratory.

1.

All commercial cannabis testing laboratory uses shall comply with the standards set by state law.

2.

Any commercial testing laboratory shall maintain all certifications and accreditations required by the state.

3.

Any commercial testing laboratory shall be located within a fully enclosed and locked structure.

4.

Storage of any cannabis or cannabis product shall be within a fully enclosed and locked structure.

5.

Any testing that requires the use of volatile solvents for extraction must comply with the requirements of sub-section C (Commercial cannabis manufacturing) of this Section.

B.

Commercial cannabis distribution.

1.

All commercial cannabis distribution uses shall comply with the applicable standards set by state law.

2.

The permittee/licensee must allow inspections to be done by the city, city police department and Carpinteria-Summerland Fire Protection District at any time during regular business hours.

3.

All loading and unloading of cannabis or cannabis products shall take place within a secured area.

4.

Individuals transporting cannabis or cannabis products on behalf of a commercial cannabis distribution use shall maintain a physical copy of the transportation request (and/or invoice), and shall make it available upon request of agents or employees of the city or police department requesting documentation.

C.

Commercial cannabis manufacturing.

1.

All commercial cannabis manufacturing uses shall comply with the applicable standards set by state law.

2.

Any commercial cannabis manufacturing activity that will be conducted as part of a commercial cannabis activity shall be listed and described in the application submitted to the city. No additional commercial cannabis manufacturing activity can be conducted without applying for and receiving written permission from the city for that additional activity.

3.

All commercial cannabis manufacturing activities shall be conducted entirely within a fully enclosed and locked structure.

4.

Allowed commercial cannabis manufacturing activities may include both non-volatile and volatile manufacturing practices, provided all manufacturing activities are conducted in strict compliance with all requirements of this Title.

5.

Any compressed gases, volatile solvents or other hazardous materials used or created in the manufacturing process shall not be stored on any property in containers that exceed the amount which is approved by the Carpinteria-Summerland Fire Protection District. Each site or parcel occupied by a commercial cannabis business shall be limited to a total number of tanks as authorized by the Carpinteria-Summerland Fire Protection District on the property at any time.

6.

A commercial cannabis manufacturing businesses shall obtain a hazardous materials storage plan, approved by the Carpinteria-Summerland Fire Protection District, when so required by the district.

7.

All commercial cannabis manufacturing uses must allow inspections to be done by the city or Carpinteria-Summerland Fire Protection District or designee at any time during regular business hours.

8.

All commercial cannabis manufacturing businesses shall submit a storage protocol and hazard response plan to the city and Carpinteria-Summerland Fire Protection District for review and approval prior to license issuance.

9.

All commercial cannabis manufacturing businesses shall prepare and submit an employee safety and training equipment plan, plus materials safety data sheet requirements, if any, to the city and Carpinteria-Summerland Fire Protection District for review and approval prior to license issuance.

D.

Commercial cannabis non-storefront retail (delivery).

1.

All commercial cannabis non-storefront retail (delivery) uses shall comply with the applicable standards set by state law for non-storefront retailer uses.

2.

The permittee/licensee must allow inspections to be done by the city, police department and/or Carpinteria-Summerland Fire Protection District at any time during regular business hours.

3.

Individuals making deliveries of cannabis or cannabis products on behalf of a commercial cannabis non-storefront retail (delivery) use shall maintain a physical copy of the delivery request (and/or invoice), and shall make it available up request of agents or employees of the city or police department requesting documentation.

(Ord. No. 726, § 6, 3-25-2019)

As a condition of approval of any commercial cannabis business approved pursuant to this Chapter, the permittee and/or licensee shall, at a minimum:

A.

Execute an agreement to protect, indemnify, defend (at its sole cost and expense with counsel approved by the city), and hold the city and its officers, employees, attorneys, representatives, and agents harmless from and against any and all claims, demands, losses, damages, injuries, costs, expenses (including attorneys' fees), fines, penalties, or liabilities arising from, related to, or associated with: the issuance of a development plan, conditional use permit and/or commercial cannabis operator's license; the permitting, licensing, or approving the operation of a commercial cannabis activity; the collection of any fees, taxes, or charges from a commercial cannabis business; the commercial cannabis business's or any of its owners', operators', managers', employees, or agents' violation of any federal, state, or local laws; the city's suspension, revocation, or refusal to renew a development plan, conditional use permit and/or commercial cannabis operator's license.

B.

Reimburse the city for any and all costs, expenses, attorney fees, fines, penalties, and court costs that the city may be required to pay as a result of any legal challenge related to the city's approval of a development plan, conditional use permit and/or commercial cannabis operator's license pursuant to this Chapter or any other city permit, or the city's approval of the operation of a commercial cannabis activity. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the obligations imposed under this Chapter.

(Ord. No. 726, § 6, 3-25-2019)

The responsible person and any entity to whom a development plan, conditional use permit and/or commercial cannabis operator's license is issued for a commercial cannabis activity pursuant to this Chapter shall be responsible for all violations of the regulations and ordinances of the city, committed by the permittee, and any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business, even if the responsible person is not present. Violations by an employee or agent may result in the revocation of permits and/or revocation or non-renewal of licenses by the city.

(Ord. No. 726, § 6, 3-25-2019)

A.

The city manager or his/her designee, the city's police department, and Carpinteria-Summerland Fire Protection District staff charged with enforcing the provisions of the Carpinteria Municipal Code may enter the location of a commercial cannabis business at any time during regular business hours, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to any chapter of the Carpinteria Municipal Code or under the provisions of state law, to ensure ongoing compliance with all applicable local and state laws.

B.

If is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city, police department, or the Carpinteria-Summerland Fire Protection District to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under any chapter of the Carpinteria Municipal Code or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under any chapter of the Carpinteria Municipal Code or under State or local law.

(Ord. No. 726, § 6, 3-25-2019)

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory inspection of the premises, and must obtain all required building permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone district. The permittee shall also obtain all required building and safety division approvals, Carpinteria-Summerland Fire Protection District approvals, Health Department approvals, and any other permit or approval required by this code or applicable local, county or state law.

(Ord. No. 726, § 6, 3-25-2019)

A.

It shall be unlawful for any person to engage in any activities prohibited by this Chapter.

B.

It shall be unlawful for any person to own, conduct, manage, operate, engage or participate in, work or volunteer at, a commercial cannabis activity or commercial cannabis business that does not have a valid commercial cannabis operator's license issued pursuant to this Chapter or other city permits or licenses required by this code, in addition to the appropriate license(s) required by state law to conduct the commercial cannabis activity.

C.

Compliance with all local and state laws shall be a condition of a city-approved development plan or conditional use permit for a commercial cannabis activity or commercial cannabis business. It shall be a violation of a development plan or conditional use permit issued for a commercial cannabis activity or commercial cannabis business for a permittee, or his/her agents or employees to violate any local or state law. The city may commence proceedings for the revocation of a development plan or conditional use permit for any violation of the development plan or conditional use permit, or local and state law.

D.

Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained, or permitted by such person, and shall be punishable accordingly.

E.

Whenever in this Chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

F.

Any person who violates any provision of this Chapter shall be subject to the penalties set forth in Chapter 1.06 of the Carpinteria Municipal Code, in addition to all other remedies, violations, and penalties as set forth in any other ordinance, laws, rules, or regulations of the city, county, or the state. Any commercial cannabis business operated, conducted, or maintained contrary to the provisions of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s) for the abatement, removal, and enjoinment thereof, in the manner provided by law.

(Ord. No. 726, § 6, 3-25-2019)

The provisions of this Chapter shall control regulation of personal use and commercial cannabis activities as defined herein if other provisions of the code conflict therewith. This Chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.

(Ord. No. 726, § 6, 3-25-2019)

The city shall not be liable for issuing, or failing or refusing to issue, suspending, revoking or failing to renew a commercial cannabis operator's license pursuant to this Chapter or otherwise approving or disapproving a development plan or conditional use permit for the operation of any commercial cannabis business pursuant to this Chapter.

(Ord. No. 726, § 6, 3-25-2019)