Firebaugh City Zoning Code
§ 25-41.13.6
Limited Commercial Cannabis Operations Pursuant to Regulatory Permit.
Notwithstanding the prohibition on commercial cannabis operations set forth in § 25-41.13.4, and the limitations upon the cultivation of cannabis set forth in § 25-41.13.3 and 25-41.13.4, commercial cannabis operations may be allowed as set forth in this section.
a.
Purpose. The purpose of this section is to allow limited commercial cannabis operations in the City of Firebaugh as may be permitted under the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA" or "Act") and to adopt local regulations applicable to those operations.
b.
Permitted uses.
1.
Business owners meeting the requirements of this section shall be eligible to apply for a regulatory permit to conduct the following commercial cannabis operations, as may be approved by the City Council at its discretion:
2.
The regulatory permit issued pursuant to this section shall specify whether the commercial cannabis operation shall be limited to medicinal cannabis.
3.
The regulatory permit issued pursuant to this section shall specify the precise commercial cannabis operation, by clear description and, when appropriate, shall reference the license type specified in the Act for which a state license is being sought.
4.
The commercial cannabis operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing commercial cannabis operations.
5.
No regulatory permit shall issue unless or until the business owner and the property owner enter into a project development agreement with the City. The project development agreement shall be processed in same manner as a cannabis regulatory permit approved by the Council.
[Amended 3-7-2022 by Ord. No. 22-02]
6.
Dispensaries are expressly allowed as set forth in § 25-41.13.4.
[Amended 7-15-2019 by Ord. No. 19-03]
7.
The City Council retains the discretion to deny a regulatory permit or limit a regulatory permit to specified commercial cannabis operations.
c.
Minimum operational requirements and restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:
1.
The Act and other state laws. The commercial cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all state license(s) required under the Act, and any other applicable state law. The operator shall obtain all licenses required under the Act prior to opening for business.
2.
Register of employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be made available to the Police Chief at all times immediately upon request.
3.
Signage. There shall be no signage or markings on the premises or off-site that in any way evidences that commercial cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.
4.
Cannabis consumption. No cannabis or cannabis product shall be smoked, ingested or otherwise consumed on the premises. Prominent signage of this prohibition shall be displayed throughout the facility.
5.
Alcoholic beverages. No commercial cannabis operation shall hold or maintain a retail license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.
6.
Transportation. Transportation shall only be conducted as permitted by state law.
7.
Deliveries. Deliveries are expressly allowed as set forth in § 25-41.13.4.
[Amended 7-15-2019 by Ord. No. 19-03]
8.
Noncommercial cannabis activity. No noncommercial or recreational cannabis activity shall occur on the premises.
9.
Retail sales. The retail sale of cannabis is expressly allowed as set forth in § 25-41.13.4.
[Amended 7-15-2019 by Ord. No. 19-03]
10.
Public access. There shall be no public access to the premises, except as allowed pursuant to a permitted building site plan, development agreement, and/or a regulatory permit for a dispensary only.
[Amended 7-15-2019 by Ord. No. 19-03]
11.
Minors. It shall be unlawful for any operator to allow any person who is not at least 21 years of age on the premises of a commercial cannabis operation.
[Amended 7-15-2019 by Ord. No. 19-03]
12.
Distance separation from schools, day-care centers and youth centers. A commercial cannabis operation shall not be located within 600 feet from any existing school, day-care center or youth center as defined by state law, nor from a proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, "school" means any public or private school providing instruction in kindergarten or grades one through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
13.
Hours of operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the City's noise and nuisance ordinances.
14.
Building and related codes. The cannabis operation shall be subject to the following requirements:
(a)
The premises in which the commercial cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act,[1] as certified by the Building Official of the City. The operator shall obtain all required building permits and comply with all applicable City standards.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(b)
The responsible party shall ensure that the premises have sufficient electrical load for the commercial cannabis operations.
(c)
To the extent permitted by the Act, butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Firebaugh Fire Department, or other qualified agency retained by the City, shall inspect and approve the premises for use of the products prior to City's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement. Such inspection shall be at the business owner's expense.
(d)
The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the commercial cannabis operations.
(e)
The operator shall comply with all environmental laws and regulations pertaining to the commercial cannabis operations, including the storage, use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.
15.
Odor control. The business owner shall provide an odor-absorbing ventilation and exhaust system, so that odor generated inside the facility that is distinctive to its commercial cannabis operations is not detected outside the premises, outside the building or commercial greenhouse structure housing the commercial cannabis operations. or anywhere on adjacent property or public rights-of-way. A greenhouse structure shall be defined as any sort of structure that manipulates or changes the growing environment for plants. Such structures would include, but not be limited to, hothouses. headhouses. cold frames and hoop structures. Accordingly, the business owner must install and maintain the following equipment or any other equipment which the City's Building Official determines meets best industry odor control standards.
[Amended 3-7-2022 by Ord. No. 22-02]
(a)
An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or
(b)
An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
16.
Consumable products. Commercial cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain all appropriate approvals from the State and County Departments of Public Health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.
17.
Secure building. All commercial cannabis operations shall occur entirely inside of a building or commercial greenhouse structure which shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. Notwithstanding the foregoing, the roof may be of solid nonopaque material, provided other security measures exist to ensure that the commercial cannabis operation cannot be seen, heard, or smelled beyond the property line. The building or commercial greenhouse structure shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures). The precise building construction parameters and materials to be used shall be identified and provided with the application to the City prior to construction.
[Amended 3-7-2022 by Ord. No. 22-02]
18.
Premises security. The following security conditions shall apply:
(a)
Alarm system (including perimeter, fire and panic).
(b)
Remote monitoring of alarm systems.
(c)
Perimeter lighting systems (motion sensor) for after-hours security.
(d)
Perimeter security and lighting as approved by the Police Chief.
(e)
Use of drive gates with card key access or similar to access the facility.
(f)
Entrance areas to be locked at all times, and under the control of a designated responsible party.
(g)
Use of access-control systems to limit access to inventory, grow and processing areas.
[Amended 7-15-2019 by Ord. No. 19-03]
(h)
Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points to the site from the interior, and be of a minimum five-mega-pixel resolution.
(i)
All security systems at the site are attached to an uninterruptable power supply providing twenty-four-hour power.
(j)
Twenty-four-hour security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the Police Chief. All current contact information regarding the security company shall be provided to the Police Chief.
(k)
The Firebaugh Police Department or Department designee shall have access to all security systems.
(l)
Internet Protocol ("IP") access for remote monitoring of security cameras by the Firebaugh Police Department or a department designee upon request.
(m)
Any and all video or audio tape recordings made for security purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of at least 30 days and must be made available to the Firebaugh Police Department or Department designee for duplication upon demand. In addition, upon request by the Firebaugh Police Department, the responsible party shall duplicate the records for the Firebaugh Police Department or the Department designee.
(n)
Hardened bullet-resistant windows for exterior windows as part of any new or existing construction.
(o)
Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.
(p)
Electronic track-and-trace systems for cannabis products as required by the Act and state regulations.
(q)
The City may inspect the premises and audit the records of the commercial cannabis operations for compliance on a quarterly basis.
(r)
Security protocols and equipment need to be in place to protect computer information.
(s)
The foregoing premises security requirements shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the business owner.
19.
Shipments of supplies and transportation of product. The following rules apply to shipments and transportation:
[Amended 7-15-2019 by Ord. No. 19-03]
(a)
Shipments of supplies to the premises shall only occur as provided for in diagram and floor plans on file with the City as part of the application process. Vehicles delivering to the premises shall not have any markings indicating that deliveries are being made to a cannabis operation.
(b)
The transportation of cannabis samples and/or products to and from the premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and/or products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief.
20.
Premises maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public. The premises or commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.
21.
Location of uses. Except for deliveries as defined in § 25-41-13.4, the commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. Other than for deliveries as defined in § 25-41-13.4, commercial cannabis operations shall not operate at any location other than as stated in the regulatory permit.
[Amended 7-15-2019 by Ord. No. 19-03]
d.
Commercial cannabis operation regulatory permit. No person or entity shall operate a commercial cannabis operation within the City of Firebaugh without first obtaining a commercial cannabis regulatory permit from the City. Other than for deliveries as defined in § 25-41-13.4, the regulatory permit shall be site-specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity, other than deliveries, will be allowed unless specifically identified in the regulatory permit. The issuance of a regulatory permit shall be at the discretion of the City Council.
[Amended 7-15-2019 by Ord. No. 19-03]
e.
Applications for regulatory permits and responsible party designation.
1.
Application. Applicants for regulatory permits shall file their applications with the Police Chief and shall include the information set forth herein. The Police Chief may request such additional information he or she deems necessary to determine who the applicant is and what activity may be permitted. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator, all responsible parties known at the time (if different than the business owner), and any other party designated below:
(a)
The full name, present address, and telephone number.
(b)
Date of birth.
(c)
Tax identification number.
(d)
The address to which notices relating to the application are to be mailed.
(e)
Previous addresses for the five years immediately preceding the submission of the application.
(f)
His or her height, weight, and color of eyes and hair.
(g)
Photographs for identification purposes (photographs shall be taken by the Police Department).
(h)
All business, occupation, or employment for the five years immediately preceding the submission of the application.
(i)
The commercial cannabis operation business history, including whether the business owner and responsible parties, while previously operating in this or another city, county or state, has had a cannabis-related license revoked or suspended, the reason therefore, and the business, activity or occupation subsequent to such suspension or revocation.
(j)
Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application must be accompanied with a notarized acknowledgment from the premises owner that commercial cannabis operations are authorized to occur on the premises.
(k)
A descriptive business plan for the commercial cannabis operation, including a detailed list of all commercial cannabis operations proposed to occur on the premises.
(l)
A diagram and floor plan of the entire premises, denoting all the use of areas proposed for commercial cannabis operations, including, but not limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(m)
The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City, 24 hours per day. The contact information of the operator and responsible parties shall be provided to the Police Chief and updated within 24 hours of any changes.
(n)
The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.
(o)
An accurate straight-line drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the Operational Requirements.
(p)
Authorization for the City and its agents and employees to seek verification of the information submitted.
2.
Improper or incomplete application. If the applicant has completed the application improperly, or if the application is incomplete, the Police Chief shall, within 30 days of receipt of the original application, notify the applicant of such fact.
3.
Changes in information. Except as otherwise provided, the information required by this Subsection e shall be updated with the Police Chief upon any change within 10 calendar days.
4.
Other permits or licenses. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtained a regulatory permit.
f.
Employee permits.
1.
Permit required. Every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery-related services for a commercial cannabis operation, except for vendors and certificated common carriers, shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit, if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.
2.
Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so the Police Department can perform a background check:
(a)
Name, current residence address, and telephone number.
(b)
Date of birth.
(c)
Tax identification number.
(d)
His or her height, weight, and color of eyes and hair.
(e)
Photographs for identification purposes (photographs shall be taken by the Police Department).
(f)
Fingerprinted by the Police Department.
(g)
Such other identification and information as deemed necessary by the Police Chief and pertinent to the employee permit.
(h)
Authorization for the City and its agents and employees to seek verification of the information contained within the application.
(i)
The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.
g.
Application fees. Every application for a regulatory permit, employee permit, or employee permit renewal shall be accompanied by a nonrefundable fee, as established by resolution of the City Council. This fee shall be in addition to any other business license fee or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks, and the general review and processing of the application. As an alternative to the regulatory permit fee, the City and applicant may enter into a specific project processing costs agreement.
h.
Investigation and action on application.
1.
Upon the filing of a properly-completed application and the payment of the fee, the Police Chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Firebaugh Police Department.
2.
For regulatory permits, after the background checks and investigation are complete, and in no case later than 120 days after receipt of a properly completed application, the Police Chief shall issue a recommendation that the City Council approve or deny a regulatory permit in accordance with the provisions of this section. The recommendation for approval shall include conditions the Police Chief deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the City Council for action following any required noticing and public hearings, and may be processed concurrently with any other development application(s) necessary for the commercial cannabis operation.
3.
For employee permits, after the background checks and investigation are complete, and in no case later than 30 days after receipt of a properly-completed application, the Police Chief shall either approve or deny an employee permit. At the discretion of the Police Chief, employee permits may be conditionally approved pending the background investigation.
i.
Term of permits and renewals. Employee permits issued under this section shall expire one year following the date of issuance. Applications for renewal shall be made at least 45 days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed.
j.
Grounds for denial of regulatory permit. The City Council may in its sole discretion deny a regulatory permit or limit a regulatory permit to specified uses. When considering whether to deny or limit a regulatory permit, the Council shall consider the following:
1.
Whether the business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule, or regulation.
2.
Whether the business owner or operator has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state; whether that permit was suspended or revoked; and whether the business owner or operator has had disciplinary action relating to the permit.
3.
Whether the business owner or operator has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.
4.
Whether the business owner or operator, or any responsible person, has been:
(a)
Convicted of a violent felony, as specified in Subdivision (c) of Section 667.5 of the Penal Code;
(b)
Convicted of a serious felony, as specified in Subdivision (c) of Section 1192.7 of the Penal Code;
(c)
Convicted of a felony involving fraud, deceit, or embezzlement;
(d)
Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
(e)
Convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code;
(f)
Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Sections 12025 or 12025.1 of the Fish and Game Code;
(g)
Sanctioned by a licensing authority or a City, county, or City and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the City.
A conviction for any controlled substance felony subsequent to permitting shall be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit. A "conviction" within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendre.
5.
Whether the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
6.
Whether the business owner or operator is under 21 years of age, or any older other age set by the state.
7.
Whether the cannabis operation complies with the zoning ordinance or development standards of the City of Firebaugh.
8.
Whether the required business license fee, annual regulatory fee, revenue raising fee, or other City fees and/or taxes have been paid.
9.
Such other grounds the Council determines are reasonable.
k.
Grounds for denial of employee permit. The grounds for denial of an employee permit shall be one or more of the following: The applicant has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.
1.
The applicant has been:
(a)
Convicted of a violent felony, as specified in Subdivision (c) of Section 667.5 of the Penal Code;
(b)
Convicted of a serious felony, as specified in Subdivision (c) of Section 1192.7 of the Penal Code;
(c)
Convicted of a felony involving fraud, deceit, or embezzlement.
(d)
Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
(e)
Convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code;
(f)
Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Sections 12025 or 12025.1 of the Fish and Game Code;
(g)
Sanctioned by a licensing authority or a City, county, or City and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the City.
2.
The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
3.
The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.
4.
An applicant is under 21 years of age, or any older age set by the state.
l.
Notice of decision and final action.
1.
Regulatory permit. Action on the regulatory permit shall be as follows:
(a)
The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid.
(b)
Following a public hearing, the Council may grant the regulatory permit, limit the regulatory permit to specified uses, or deny the issuance of the regulatory permit for any of the grounds specified in this section. In granting a regulatory permit, the Council may impose such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The decision of the Council shall be final, subject to judicial review below.
2.
Employee permit. Action on the employee permit shall be as follows: The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid. The Police Chief's decision on an employee permit shall be final.
m.
Suspension and revocation of regulatory permit or employee permit.
1.
Regulatory permit. The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:
(a)
The commercial cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable law.
(b)
The commercial cannabis operation is conducted in such a manner as to create a risk of danger to the public health or safety.
(c)
A failure to pay the regulatory fee, the revenue raising fee, or all City taxes as required.
(d)
A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.
(e)
A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.
(f)
Any act which would be considered grounds for denial of the regulatory permit in the first instance.
2.
Employee permit. The Police Chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:
(a)
Any act which would be considered a ground for denial of the permit in the first instance.
(b)
Violates any provision of this section, the Act, or any other applicable law relating to the commercial cannabis operation.
(c)
Violates or fails to comply with the terms and conditions of the employee permit.
3.
Procedures for revoking regulatory permits. For regulatory permits, the procedures for revoking conditional use permits shall be utilized, except that the matter shall be heard by the City Council in the first instance.
4.
Procedures for revoking employee permits. Prior to suspension or revocation of an employee permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified United States mail, postage prepaid to the last known address. Any permittee aggrieved by the decision of the Police Chief to suspend or revoke an employee permit shall have no appeal rights and the Police Chief's decision shall be final, subject to judicial review as set forth in this section.
5.
Immediate suspension. The Police Chief may immediately suspend or revoke a regulatory permit or an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under the following circumstances:
(a)
The business owner, operator or responsible party is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.
(b)
The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.
n.
Effect of denial or revocation. When the City Council shall have denied or revoked a regulatory permit, or the Police Chief shall have denied or revoked an employee permit, no new application for a regulatory permit or an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the regulatory permit or employee permit.
o.
Abandonment. A regulatory permit shall be deemed abandoned if commercial cannabis operations cease for a period of more than 90 consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety-day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.
p.
Fees and taxes. All commercial cannabis operations in the City of Firebaugh shall pay applicable fees and taxes, which may include one or more of the following:
[Amended 7-15-2019 by Ord. No. 19-03]
1.
Business license fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by Title 5, Chapter 5.04, of the Firebaugh Municipal Code pertaining to Business Licensing.[2]
2.
Regulatory license fee. The business owner permitted to operate a commercial cannabis operation within the City of Firebaugh shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of services, including, but not limited to, anticipated enforcement relating to the commercial cannabis operation. The amount of the fee shall be set by resolution of the City Council and be supported by the estimated additional service costs associated with the commercial cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.
3.
Revenue raising fee. An annual revenue raising fee ("revenue raising fee") shall be applied for the privilege of having the right to operate in the City and provided as a condition of the development agreement.
(a)
Revenue raising fee finding. The City Council specifically finds that it is approving this Ordinance allowing commercial cannabis operations to operate in the City with the express understanding that the business will pay the revenue raising fee to the City as set forth herein, and that without the revenue raising fee, the City Council would not have adopted this Ordinance allowing commercial cannabis operations to operate in the City. By opening a commercial cannabis operation in the City, the premises owner, business owner, operator, and all responsible parties agree that, if the revenue raising fee is challenged by any one of them or a third party and set aside, the business must cease operation.
(b)
Amount of fee and terms of payment. The revenue raising fee shall be an annual fee of $25 per square foot for the first 3,000 square feet, which shall be the minimum annual fee for all commercial cannabis operations, and $10 per square foot for the remaining space utilized in connection with each commercial cannabis operation. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). The total under-canopy square footage shall be included in the square footage calculation.
(c)
Dispensary fees and taxes. Dispensaries permitted within the City of Firebaugh shall be subject to the annual business license fee, annual regulatory permit fee based on square footage as set forth in Subsection p3(b) above, and a percentage-based revenue-raising fee as set out in the development agreement for the commercial cannabis operation regulatory permit.
(d)
If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the revenue raising fee. The revenue raising fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall not be prorated, and in no event shall the first payment be less that the equivalent of one full quarterly payment. All quarterly payments shall be received by the City before the end of the quarter.
(e)
The amount of the revenue raising fee shall be set by resolution of the City Council.
(f)
Alternative voter-approved tax. If the voters of the City approve a tax on commercial cannabis operations, the business owner shall pay that tax in lieu of the revenue raising fee, once the City begins to collect the tax revenue.
q.
Recordkeeping. The responsible party shall make and maintain complete, accurate, and legible records of the permitted commercial cannabis operations evidencing compliance with the requirements of this section. Those records shall be maintained for a minimum of five years.
r.
Inspection. Commercial cannabis operations shall be open for inspection by any City law enforcement officer, City code enforcement officer, or City financial auditor or their designees at any time the commercial cannabis operation is operating, at any other time upon responding to a call for service related to the property where the commercial cannabis operations is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any commercial cannabis operation shall be made immediately available to the Police Chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.
s.
Indemnification.
1.
In authorizing commercial cannabis operations under this section, the City makes no guarantees or promises as to the lawfulness of the approved activity under state or federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws and regulations. To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to the adoption of this Ordinance or the operation of any commercial cannabis operation approved pursuant to this Ordinance, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the City, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal government. An adverse determination could include cessation of operations.
2.
The business owner agrees to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this Ordinance. 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 permittee of its obligation hereunder.
3.
If requested by the City Attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.