It is the purpose and intent of this chapter to adopt local regulations applicable to commercial cannabis activity as may be permitted by Medical Marijuana Regulation and Safety Act (“MMRSA”) and Adult Use of Marijuana Act (“AUMA”), or subsequently enacted state law pertaining to the same or similar uses for commercial cannabis and imposing regulations on the use of land to protect city of King neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this chapter to regulate the cultivation, manufacturing and testing of cannabis and cannabis-related products in a manner which is responsible and which protects the health, safety, and welfare of the residents of the city of King; to enforce rules and regulations consistent with state law including, but not limited to, the Compassionate Use Act, the Medical Marijuana Program Act, the MMRSA and AUMA. In part to meet these objectives, an annual permit shall be required in order to own and to operate a commercial cannabis business within the city of King as authorized under this ordinance or the King City Municipal Code. Nothing in this chapter is intended to authorize the cultivation, possession or use of cannabis in violation of state or federal law. The provisions of this chapter are in addition to the business license otherwise required to conduct business in the city of King and in addition to permits and approvals otherwise required by the King City Municipal Code.

Pursuant to Section 7 of Article XI of the California Constitution, the city of King is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, testing, laboratory operations and safety, security, and worker protections established by the state of California, or any of its departments or divisions, shall be the minimum standards applicable in the city of King to commercial cannabis activity.

Commercial cannabis activity shall be authorized in the city of King only as expressly provided in this chapter and if not expressly authorized by this chapter shall be prohibited.

Authorized Commercial Cannabis Activities. Commercial cannabis operations within the city, which comprise the activities of indoor cultivation, mixed-light cultivation, nursery cultivation, retailer (storefront and/or non-storefront delivery), manufacturer, testing laboratory, distributor, and microbusiness are allowed subject to issuance and maintenance of the permits and entitlements set forth in this chapter and all other applicable city and state laws and regulations, and issuance and maintenance of a valid and current state license of a classification listed below, as provided for in Business and Professions Code Section 26050 and applicable state regulations:

Prohibited Types of Commercial Cannabis Businesses. Commercial cannabis businesses within the city which involve the activities of outdoor cultivation of cannabis are prohibited in the city. Further, this prohibition includes, but is not limited to, commercial cannabis activities licensed by the state license classifications listed below, as provided for in Business and Professions Section 26050 and applicable state regulations:

The sale, delivery, gift, trade, barter or making available of cannabis or cannabis products by two or more persons shall be prohibited in all zoning districts of the city, unless conducted in compliance with the requirements of this chapter and the King City Municipal Code.

In addition to those other requirements which may be imposed pursuant to this chapter, no person shall establish, develop, construct, maintain, or operate a commercial cannabis activity and/or open a commercial cannabis business without possessing both a commercial cannabis permit issued by the city and within one year of the ability to obtain a license, a license issued by the state of California or one of its departments or divisions.

The city manager is hereby authorized to issue commercial cannabis permits on behalf of the city. The city manager, in their sole discretion, may issue a commercial cannabis permit pursuant to the mandatory requirements of this chapter and the King City Municipal Code as may be repealed or amended by the city council from time to time.

A commercial cannabis permit shall be governed by the following requirements and/or limitations:

Issuance of a commercial cannabis storefront dispensary permit shall be governed by the following requirements and/or limitations:

Prior to commencing operation, a commercial cannabis business shall obtain a city of King business license and comply with all applicable provisions and requirements of that license.

Prior to commencing operation, a commercial cannabis business shall be subject to a mandatory building inspection and must obtain all required permits or approvals which would otherwise be required, including, but not limited to, building permit(s), fire code permit(s), and planning-level permit(s) required by Title 17 Zoning of the King City Municipal Code.

Consistent with the requirements of Business and Professions Code Section 26053, a commercial cannabis business conducting multiple commercial cannabis activities shall obtain a city issued permit for each type of commercial cannabis activity prior to engaging in that activity. A commercial cannabis business which holds a city issued testing permit shall not hold any other city issued commercial cannabis permits. In addition, a commercial cannabis business authorized to conduct multiple commercial cannabis activities, consistent with the requirements of Business and Professions Code Section 26053, shall not receive a city issued permit authorizing the establishment, development, construction, maintenance, or operation of a cannabis cooperative and/or collective within the city.

Revocation, termination, denial, non-issuance or suspension of a license issued by the state of California, or any of its departments or divisions, shall immediately terminate the commercial cannabis permit and all commercial cannabis activity shall immediately cease. Upon reinstatement or receipt of a new license from the state of California, or any of its departments or divisions, the commercial cannabis activity may file for a new permit from the city. While a new application for a commercial cannabis permit is pending, applicant shall not engage in any commercial cannabis activity. Violations of this section shall be subject to denial of the application for a commercial cannabis permit and/or the enforcement, penalties and cost recovery proscribed within this chapter and/or the King City Municipal Code.

Each commercial cannabis business operating within the city of King shall pay all applicable city taxes and permitting and licensing fees. Further each commercial cannabis business operating within the city of King shall pay all applicable state and federal taxes and permitting and licensing fees.

The city manager is authorized to promulgate additional regulations necessary to implement the requirements and fulfill the policies of this chapter related to commercial cannabis activities.

A permitted commercial cannabis business, regardless of building type utilized, shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the city manager, these security measures shall include, but shall not be limited to, all of the following:

Each commercial cannabis business shall provide the city manager with the identity and contact information for a liaison who shall be reasonably available to meet and discuss compliance with the requirements of the King City Municipal Code, state law and/or any other regulations relating to the commercial cannabis activity.

As part of the application and permitting process, each commercial cannabis business shall provide the city manager with a detailed transportation plan describing the procedures for safely and securely transporting cannabis, cannabis products and/or currency.

A commercial cannabis business shall notify the chief of police within twenty-four hours after discovering any of the following:

Every employee or independent contractor working at a commercial cannabis business or involved in the transportation related services for a commercial cannabis business shall obtain an employee work permit issued by the city. It shall be the responsibility of the commercial cannabis business permit holder to ensure that the employee or independent contractor has received their work permit from the city prior to commencing any work. Persons who are listed as the commercial cannabis permit holder shall not be required to obtain an employee work permit if such person also serves as an employee or contractor.

Each prospective employee or independent contractor shall be required to submit an application to the city manager so that a background check can be performed by the chief of police. The application shall contain the following:

Every applicant for an employee work permit shall provide the city with a non-refundable fee, as established by resolution of the city council, to process their application. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general review and processing of the application. In the alternative, the applicant may provide the city manager with a completed background check performed by a third party vendor approved by the city.

The city manager, upon receiving a properly completed application and payment of the application fee or a completed third party background check, shall conduct an investigation into the information provided by the applicant. The background check and investigation or review shall be complete within thirty days of receiving the properly completed application and completed background check. The city manager shall provide the applicant with notice either approving or denying the requested employee work permit within fifteen days of completing the background check and investigation. The city manager, in their sole discretion, may conditionally approve the issuance of an employee work permit pending completion of the background check and investigation. Notice of the decision shall be personally served or mailed to the applicant via U.S. mail. Notice of the decision is presumed served upon the applicant at the time it is deposited within the U.S. mail. The decision of the city manager on an employee permit shall be final, subject to judicial review.

An employee work permit shall be denied based upon any of the following grounds:

The city manager may suspend or revoke an employee work permit when the employee or independent contractor has committed any of the following acts:

Prior to suspending or revoking an employee work permit, the city manager shall conduct a hearing. Written notice of the hearing shall be provided to the employee or independent contractor at least five calendar days prior to the hearing. The notice shall contain the basis for suspending or revoking the employee work permit. Notice may be provided by either personal service or U.S. mail. After the hearing, the city manager shall provide notice of the decision whether to suspend or revoke the employee work permit. The decision of the city manager shall be final, subject to judicial review. The employee or independent contractor has no right to appeal the decision to the city council.

The city manager may immediately suspend an employee work permit without notice or hearing, subject to appeal rights as set forth in this chapter, under the following circumstances:

An employee work permit shall expire two years from the date it was issued by the city. An employee work permit shall authorize the individual to work for any commercial cannabis business within the city limits of the city of King.

No commercial cannabis business may operate within any wholly residential area or district of the city or adjacent to a residential area or district if, in the opinion of city manager, the operation of a commercial cannabis business in such location would tend to cause a public nuisance or a situation which may result in repeated police department response or a negative impact on the adjacent residential units.

Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in Title 17 of the King City Municipal Code.

Any commercial cannabis business which has been determined by the city manager to be an existing commercial cannabis business on the effective date of the ordinance codified in this chapter shall be exempt from compliance with the limitations proscribed in this section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this chapter.

The city manager, upon twenty-four-hour notice, may enter the location of a commercial cannabis business at any time during the regular hours of operation and inspect the location of any commercial cannabis business.

The city manager, upon twenty-four-hour notice, may enter the location of a commercial cannabis business at any time during the regular hours of operation to obtain samples of the cannabis to test for law enforcement and/or public safety purposes. Any samples obtained by the city manager shall be logged, recorded, and maintained in accordance with the King City police department standards for evidence.

If, after twenty-four-hour notice is provided, the commercial cannabis permit holder or anyone acting on their behalf refuses to allow the city manager to enter the commercial cannabis business to conduct an inspection and/or collect samples, the city is authorized to seek a warrant or judicial intervention to grant the requested access. Further, the city is authorized to seek reimbursement from the commercial cannabis permit holder and/or the commercial cannabis business for all costs, including but not limited to court costs, attorney’s fees, filing fees, administrative time and fees and employee time, incurred while obtaining a warrant and/or judicial intervention granting the requested access and for the return inspection. The requirements of this section shall be in addition to any other provision provided for within the King City Municipal Code.

No person may commence or continue any commercial cannabis activity in the city without timely paying in full all fees, costs, penalties and charges associated with the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council.

All commercial cannabis businesses operating pursuant to this chapter shall pay any and all applicable sales, use, business or other taxes, and all license, registration, or other fees required pursuant to federal, state, and local law.

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized pursuant to this chapter and/or the provisions of the King City Municipal Code.

Each and every violation of this chapter shall constitute a separate violation and shall be penalized pursuant to this chapter and/or the provisions of the King City Municipal Code.

Any person who violates, causes, continues or permits another to violate the provisions of this chapter commits a misdemeanor and shall be punishable in accordance with Chapter 1.04.010 of the King City Municipal Code. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations. Should a court of competent jurisdiction subsequently determine that the misdemeanor criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue criminal infraction penalties and/or non-criminal remedies for violations of this chapter.

Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance which may be abated by the city pursuant to the King City Municipal Code.

The administrative citation penalty for all violations of this chapter, within a rolling twelve month period shall be as follows: one thousand dollars per violation.

In addition to any other remedy or enforcement mechanism provided within this chapter or any other provision of the King City Municipal Code, the city may commence a civil action seeking any other relief or remedy available at law or in equity.

The provisions of this chapter are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the King City Municipal Code, state or federal laws, regulations, or case law.

The city manager may suspend or revoke a commercial cannabis permit when the permit holder or anyone acting on their behalf has committed any of the following acts:

Prior to suspending or revoking a commercial cannabis permit, the city manager shall conduct a hearing. Written notice of the hearing shall be provided to the permit holder at least five calendar days prior to the hearing. The notice shall contain the basis for suspending or revoking the commercial cannabis permit. Notice may be provided by either personal service, U.S. mail and/or posting or depositing the notice at the commercial cannabis business. After the hearing, the city manager shall provide notice of the decision whether to suspend or revoke the commercial cannabis permit. The decision of the city manager shall be final, subject to judicial review. The commercial cannabis permit holder has no right to appeal the decision to the city.

The city manager may immediately suspend a commercial cannabis permit without notice or hearing, subject to appeal rights as set forth in this chapter, under the following circumstances:

Execute an agreement indemnifying, defending (at its sole cost and expense), and holding the city and its officers, employees, representatives, and agents harmless from any and all claims, losses, damages, injuries or liabilities associated with the permitting or approving the operation of a commercial cannabis activity or the operation thereof or associated with the commercial cannabis business or its members’ violation of any federal, state or local laws.

Maintain insurance at coverages, limits, and with conditions thereon determined necessary by the city attorney. The insurance coverage limits shall meet or exceed one million dollars per occurrence. In the alternative to maintaining commercial general liability, a commercial cannabis permit holder may post a bond, in a form subject to approval by the city attorney, with the city in the minimum amount of one million dollars. The city manager may, in their sole discretion, increase the minimum bond amount required by a commercial cannabis permit holder.

Reimburse the city for any and all costs and expenses, including attorney fees and costs 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 commercial cannabis permit pursuant to this chapter or the city of King’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 section.

At a minimum, the application shall contain the following requirements:

An application shall be denied based upon any of the following grounds:

The city manager shall review each application to determine whether it contains all of the required information. If the application does not contain all of the required information, it shall be returned to the applicant for completion. The city manager shall endeavor to conclude their review within ninety days of the filing of the application. If additional time is necessary, the city manager will advise the applicant of an estimated review time.

In reviewing an application for a permit pursuant to this chapter or in reviewing the proposed commercial cannabis business, the city manager or designee may request whatever additional information is deemed necessary to carry out the purposes of this chapter.

The city manager shall have the authority to either grant or deny the application for a commercial cannabis permit. Notwithstanding what is otherwise provided in this chapter, the city manager, when approving a commercial cannabis permit, may place any additional limitations and conditions on the operation of a commercial cannabis business as he or she deems necessary, consistent with the public interest and with this chapter.

When an application is denied, the city manager shall provide a statement of decision giving the reasons for the denial and the findings upon which the decision is based. Notice of the denial may be provided by either personal service or U.S. mail. Notice is presumed to be served upon the applicant once deposit into the U.S. mail. Any person denied a commercial cannabis permit shall have the right to appeal such denial in accordance with this section.

Any appeal of a denial of an application shall be filed and conducted as prescribed in this subsection.

Subject to the Health Insurance Portability and Accountability Act (HIPAA) regulations, each commercial cannabis business shall allow city of King officials to have access to the commercial cannabis business’s books, records, accounts, and any and all data relevant to its permitted activities for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data shall be produced within twenty-four hours after receipt of the city’s request. Failure to timely provide the requested records may result in immediate suspension of the commercial cannabis permit.

Each commercial cannabis business shall file with the city manager an audit of its financial operations for the previous fiscal year, complete and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include, but not be limited to, a discussion, analysis, and verification of each of the records required to be maintained pursuant to this chapter. The information contained in the audit shall be made available in standard electronic format which shall be compatible with Microsoft Office programs and software and which can easily be imported into either Excel, Access or any other contemporary software designated by the city manager.

All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until sold or delivered.

Each owner and/or operator of a commercial cannabis business shall maintain a current register of all employees currently employed by the commercial cannabis business and shall disclose such register to any city official upon request.

No person shall operate a commercial cannabis business under a commercial cannabis permit issued pursuant to this chapter at any place or location other than that identified on the permit.

Any permit issued pursuant to this chapter shall be null and void upon sale or transfer of ownership of the commercial cannabis business unless prior approval is given by the city manager and the proposed transferee submits all required application materials and pays all applicable fees and charges and independently meets the requirements of this chapter.

Any attempt to transfer or any transfer of a commercial cannabis permit issued pursuant to this chapter is hereby declared void and the commercial cannabis permit deemed immediately revoked and no longer of any force or effect.

Hours of Operation. Commercial cannabis businesses shall only be open to the public between the hours of eight a.m. to seven p.m. Monday through Sunday. Storefront dispensaries shall only be open to the public between the hours of eight a.m. to ten p.m. Monday through Sunday.

Restriction on Consumption. Cannabis shall not be consumed on the premises of any commercial cannabis businesses or elsewhere in the city other than within private residences.

No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the property. No outdoor storage of cannabis or cannabis products is permitted at any time.

Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale tracking system to track and to report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale) and shall ensure that such information is compatible with the city’s recordkeeping systems. The system must have the capability to produce historical transactional data for review by the city. All information provided to the city pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law.

All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.

Emergency Contact. Each commercial cannabis business shall provide the city manager with the name, telephone number (mobile preferred, if available) of an on-site employee or owner to whom emergency notice can be provided.

Signage and Notices.

Minors. Persons under the age of twenty-one years shall not be allowed on the premises of a commercial cannabis business.

It is unlawful and a violation of this chapter for any person to employ any other person at a commercial cannabis business who is not at least twenty-one years of age.

The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one years of age is permitted to enter upon the premises of the commercial cannabis business.

Odor Control.

Display of Permit and City Business License. The original copy of the permit issued by the city pursuant to this chapter and the business license issued by the city pursuant to the King City Municipal Code shall be posted inside the commercial cannabis business in a location readily visible to the public.

Background Check. Every person listed as an owner, investor, shareholder, board member, manager, supervisor or employee of the commercial cannabis business must submit fingerprints and other information deemed necessary by the city manager for a background check. In the alternative, the applicant can submit a completed background check from a city approved vendor which shall be reviewed by the city manager. No person shall be issued a permit to operate a commercial cannabis business unless they have first cleared the background check, as determined by the city manager, as required by this section. An owner, investor, shareholder and/or board member with less than two and one-half percent ownership stake or interest in the commercial cannabis business or another business entity or trust which is an owner, investor or shareholder of the commercial cannabis business shall be exempt from the background check requirement. Further, all owners, investors, shareholders, board members, managers, supervisors and/or employees of a publicly traded business entity with an ownership stake or interest in the commercial cannabis business shall be exempt from the background check requirement. A business entity is considered publicly traded from the purposes of this chapter if the business entity’s stock is traded on the NASDAQ, S&P 500, and/or NYSE. A fee for the cost of the background investigation, which shall be the actual cost to the city to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis permit is submitted. The applicant(s) shall provide an initial deposit in an amount the city manager estimates will cover the cost of the background investigation, which shall be used and drawn upon as a retainer to cover the actual costs of such investigation. If this amount is not sufficient, the applicant shall provide additional amounts that are necessary and if the applicant is unable to provide the additional amounts necessary to complete the investigation, the investigation shall cease and shall not continue until such additional amounts are paid. Upon completion of the investigation or in the event the applicant withdraws their application, any unused amount will be refunded to the applicant within thirty days.

Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty feet of the premises.

Permits and Other Approvals. Prior to the establishment of any commercial cannabis business or the operation of any such business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.

Greenhouses. Greenhouses shall only be utilized for commercial cannabis cultivation and/or nurseries. A greenhouse shall be a fully enclosed permanent structure with solid walls that are clad in an opaque material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental artificial lighting. The cultivation and nursery activities conducted within a greenhouse shall not be visible from any public right-of-way or adjacent private property. No greenhouse or translucent manufactured structure may be built or erected within five hundred feet of any residential zone area in the city; however, based upon the prevailing winds impacting the city, the southern portion of any greenhouse or translucent manufactured structure shall not be built or erected within seven hundred fifty feet of any residential zone area in the city. All greenhouses shall comply with the requirements of this chapter and the King City Municipal Code, including the adopted requirements of the California Building Code, the California Fire Code and/or any other code adopted or incorporated by reference within the King City Municipal Code. The city manager shall have authority, upon consultation with the city attorney, to establish additional regulations and/or guidelines for operating greenhouses for commercial cannabis cultivation and/or nurseries within the city.

Storefront Dispensaries. Prior to receiving a commercial cannabis storefront dispensary permit, the applicant shall submit an interior and exterior design plan to the city. The design plan shall minimally address the following elements:

A commercial cannabis storefront dispensary shall not commence operation within the city limits prior to receiving a city issued commercial cannabis storefront dispensary permit. Violation of this section and any subsection contained herein shall constitute a misdemeanor and shall be punishable consistent with the requirements of this chapter and/or the King City Municipal Code.

Any person issued a permit pursuant to this chapter must follow all pesticide use requirements of local, state and federal law. The Monterey County Agricultural Commissioner may inspect the commercial cannabis business at any time during regular business hours to ensure compliance with this section.

All weighing devices must be maintained in compliance with local, state or federal law and comply with applicable regulations regarding device registration with the Agricultural Commissioner.

Any person issued a permit pursuant to this chapter must follow all local, state and federal requirements for solid waste and hazardous waste disposal. The Monterey County Environmental Health Bureau may inspect the commercial cannabis business at any time during regular business hours to ensure compliance with this section.

In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site. Food grade alcohol solely for the purposes of cleaning machinery and dissolving wax, unless otherwise prohibited by the state of California, is permitted. The city and Monterey County Environmental Health Bureau may inspect the commercial cannabis business at any time during regular business hours to ensure compliance with this section.

All food products, food storage facilities, food-related utensils, equipment and materials shall be approved, used, managed and handled in accordance to the provisions of the California Retail Food Code, California Health and Safety Code Sections 113700 through 114437. All food products shall be protected from contamination at all times, and all food handlers must be clean, in good health and free from communicable diseases. The Monterey County Environmental Health Bureau may inspect the commercial cannabis at any time during regular business hours to ensure compliance with this section.

Stacking shall be allowed in a given structure but only to the point that measuring the total canopy of each level of stacking is cumulatively no greater than the maximum canopy size allowed under state licensing. For purposes of this section, “stacking” is defined as the practice of growing marijuana plants on platforms or tables and stacking them in multiple layers on top of each other.

Outdoor Cultivation and Nursery Activity Prohibited. All outdoor cultivation and nursery activity is prohibited.

In no case shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

If a premises includes nursery activities as defined in Business and Professions Code Section 19332, the premises may have only one nursery located on the premises and the nursery activity must be permitted pursuant to this chapter and state law. The nursery shall be limited to a maximum size of twenty-five thousand square feet of canopy for each premises.

Cannabis cultivation and nursery activity shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site. Food grade alcohol solely for the purposes of cleaning machinery and dissolving wax, unless otherwise prohibited by the state of California, is permitted.

The cultivation of cannabis and any nursery activity shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

All applicants for a cannabis cultivation or nursery permit shall submit the following in addition to the information generally otherwise required for a commercial cannabis business:

No edible cannabis product(s) shall be sold or distributed at an unpermitted storefront or non-storefront commercial cannabis dispensary or business within the city limits. Edible cannabis product(s) may be sold or distributed at a permitted storefront and/or non-storefront retail commercial cannabis dispensary or business.

All items to be sold or distributed shall be individually wrapped at the original point of preparation. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package. A warning that the item is a medication and not a food must be clearly legible on the front of the package. The package must have a label warning that the product is to be kept away from children. The label must also state that the product contains cannabis and must specify the date of manufacture.

Any edible cannabis product that is made to resemble a typical food product must be in a properly labeled opaque (non-see-through) package before it leaves the commercial cannabis business. Deliveries must be in a properly labeled opaque package when delivered.

Preparation of commercial edible cannabis products and non-edible cannabis products shall comply with all applicable federal, state and local laws, regulations and/or guidelines governing manufacturing procedures and safety measures. The city manager shall have authority, upon consultation with the city attorney, to establish additional regulations and/or guidelines for preparing commercial edible cannabis products and non-edible cannabis products within the city.

Cannabis manufacturing facilities requiring a Type-6 state license (non-volatile manufacturing) as defined in Business and Professions Code Section 19341, may be permitted to operate within the appropriate industrial districts as defined in Title 17 of the King City Municipal Code. Cannabis manufacturing facilities requiring a Type-7 state license (volatile manufacturing), as defined in Business and Professions Code Section 19341, may be permitted to operate within the appropriate industrial districts as defined in Title 17 of the King City Municipal Code. No volatile fluid or material, shall be used in Type-6 licensed manufacturing facilities unless otherwise authorized and approved by the state of California. For purposes of this section, within a Type-6 licensed manufacturing facility or a permitted commercial cannabis testing facility food grade alcohol may be utilized solely to clean machinery and dissolve wax, unless otherwise prohibited by the state of California. No commercial cannabis business or facility shall store food grade alcohol or any other volatile chemical, solvent or substance in an amount which exceeds the maximum authorized amount determined by the fire chief and/or chief of police for the city of King.

Commercial cannabis manufacturing facilities shall comply with all applicable federal, state and local laws, regulations and/or guidelines governing manufacturing procedures and safety measures. The city manager shall have authority, upon consultation with the city attorney, to establish additional regulations and/or guidelines for operating a commercial cannabis manufacturing facility within the city.

Any compressed gases used in the manufacturing process shall not be stored on any property within the city in containers which exceeds the maximum authorized amount determined by the fire chief and/or chief of police for the city of King.

No more than twenty-five commercial cannabis manufacturing businesses may operate within the city at any one time and no more than twenty-five commercial cannabis manufacturing permits shall be issued by the city for commercial cannabis manufacturing businesses to operate within the city.

Testing Facilities. Commercial cannabis testing facilities requiring a Type-8 state license may be permitted to operate within the appropriate industrial districts as defined in Title 17 of the King City Municipal Code. Commercial cannabis testing facilities shall comply with all applicable federal, state and local laws, regulations and/or guidelines governing testing procedures and safety measures. The city manager shall have authority, upon consultation with the city attorney, to establish additional regulations and/or guidelines for operating a commercial cannabis testing facility within the city.

The city manager is authorized to promulgate reasonable regulations necessary to implement the requirements and fulfill the policies of this chapter related to cannabis and cannabis products.

Regulations may be published on the city’s website.

Regulations promulgated by the city manager shall have the same force and effect of law and become effective upon date of publication.

Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred feet of the commercial cannabis business.

The owner, manager, and community relations representative from any commercial cannabis business holding a permit issued pursuant to this chapter shall at the request of the city manager meet to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter.