Rio Vista City Zoning Code
CHAPTER 17
70 CANNABIS AND HEMP REGULATIONS
§ 17.70.010 Purpose and intent.
A.
General Purpose. It is the purpose and intent of this chapter to regulate industrial hemp, personal cannabis cultivation, regulate certain cannabis businesses and prohibit other cannabis activities in order to ensure the health, safety, and welfare of the residents of the city of Rio Vista. The regulations in this chapter are meant to ensure compliance with the Compassionate Use Act, the Medical Marijuana Program Act, the Control, Regulate, and Tax Adult Use of Marijuana Act, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act and are not intended to and do not interfere with a patient's right to use medical cannabis as authorized by state cannabis laws. These regulations do not criminalize the possession or cultivation of cannabis for medical or nonmedical purposes as permitted by state cannabis laws. Cannabis businesses within the city must comply with all provisions of this chapter and the Rio Vista Municipal Code to obtain a permit and development agreement. Cannabis businesses must also comply with state cannabis laws and all other applicable local and state laws.
B.
Applicability to Hemp. Hemp and cannabis are derived from the same plant and indistinguishable except by laboratory testing. With the exception of textiles, cosmetics, and other non-consumable goods that are derived, in whole or in part, from cannabis but containing a THC concentration of 0.3 percent or less, for the purposes of uniform regulation, the regulations contained in this chapter apply equally to hemp as they do to cannabis, to the extent legally or practically feasible. This means all regulations applicable to cannabis and cannabis businesses are also hereby made applicable to hemp and hemp businesses. In the absence of state regulation of industrial hemp, only these local regulations apply. However, at such time that state regulations become available and are adopted, consumers and businesses handling industrial hemp are required to comply with both state regulations and this chapter.
(Ord. 008-2020 § 3)
§ 17.70.020 Definitions.
For the purposes of this chapter, the following words and phrases, unless the context otherwise requires, shall have the following meanings. Words not defined in this chapter are to mean the common and ordinary meaning of the word. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amendment:
means a person 21 years and older who is authorized by, and in compliance with, state law to cultivate cannabis indoors for personal or medical use. Authorized grower also means a person 18 years and older who is a medical cannabis patient.
means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin extracted from any part of the plant, whether crude or purified; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including cannabis-infused foodstuff and other ingestible or consumable product containing cannabis. Cannabis also means "cannabis" as defined in Health and Safety Code Section 11018, "medicinal cannabis" and "medicinal cannabis product," as defined in Business and Professions Code Section 26001, subdivision (ai), and "cannabis products" as defined in Health and Safety Code Section 11018.1. For the purposes of this chapter, "cannabis" does not mean "industrial hemp."
means any commercial cannabis cultivation, operation, or retailer, as defined herein.
means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis plants or any part thereof, as provided in Business and Professions Code Section 26001, subdivision (1).
means a cannabis business that has a Type 1A (Cultivation), Type 1B (Cultivation), Type 2A (Cultivation), Type 2B (Cultivation), Type 3A (Cultivation), Type 3B (Cultivation), Type 4 (Cultivation), or Type 12 (Microbusiness) license and conducts cannabis cultivation for commercial purposes, including laboratory testing or sale.
means a cannabis business that has a Type 12 (Microbusiness) license and conducts commercial cannabis cultivation, operation, or retail activities for commercial purposes.
means a cannabis business that has a Type 6 (Manufacturer 1), Type 7 (Manufacturer 2), Type 8 (Testing laboratory), Type 11 (Distributor), or Type 12 (Microbusiness) license.
means a cannabis business that has a Type 10 (Retailer) or Type 12 (Microbusiness) license and offers cannabis for sale. A commercial cannabis retailer may operate pursuant to a license designated by the state of California as an A-License (Adult-use), an M-License (Medical-use), or both.
means the same as defined in Health and Safety Code Section 1596.76.
means the commercial transfer of cannabis to a customer as defined in Business and Professions Code Section 26001, subdivision (p). Delivery also means the commercial transfer of cannabis to a medical cannabis patient or primary caregiver. Delivery also means the use by a commercial cannabis retailer or microbusiness of any technology platform.
means, but is not limited to, CO2, butane, methane, propane, and natural gas.
means a legally constructed, permanent, enclosed structure for the propagation and growing of plants, constructed with a translucent roof and/or walls.
means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, as stated in Food and Agriculture Code Section 81000(a)(6).
means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act, Government Code Section 66410 et seq.
has the same meaning as Business and Professions Code Section 26001, subdivision (ag).
means cannabis used for medical purposes in accordance with the Compassionate Use Act (CUA), the Medical Marijuana Regulation and Safety Act (MMRSA), and the Medicinal and AdultUse Cannabis Regulation and Safety Act (MAUCRSA).
means a person authorized to engage in the use of medical cannabis with an identification card in accordance with Health and Safety Code Section 11362.5.
means a commercial cannabis retailer that does not have designated premises.
means the designated structure or structures and land, or portions thereof, specified in an application that is owned, leased, or otherwise held under the control of the applicant or licensee where the cannabis business will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
means the same as defined in Health and Safety Code Section 11362.7(d).
means any legally constructed and legally existing, permanent building, or portion thereof, that exists on a legal parcel and contains living facilities, including provisions for sleeping, eating, cooking, and sanitation. Residential structure includes pre-manufactured buildings delivered to a site for permanent placement and excludes mobile buildings such as recreational vehicles (RVs) and trailers.
means any public or private school providing instruction in kindergarten or any grades 1 to 12, inclusive.
means inhaling, exhaling, burning, or carrying any lighted combustible substance containing cannabis in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with cannabis or its byproducts in the device.
means the planned development of five or more single-family residential structures on a single parcel or contiguous parcels. Subdivision does not include a mixed-use development or the development of a residential care facility.
means a laboratory, facility, or entity that offers or performs scientific examinations or other tests of cannabis.
has the same meaning as in Health and Safety Code Section 11353.1 subdivision (e)(2).
(Ord. 008-2020 § 3)
§ 17.70.030 Outdoor cultivation of cannabis prohibited.
It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any property within any zoning district in the city to cause or allow such property to be used for the outdoor cultivation of cannabis for any purpose.
(Ord. 008-2020 § 3)
§ 17.70.040 Indoor personal cultivation of cannabis regulated.
Indoor personal cannabis cultivation is allowed, subject to the regulations set forth below:
A.
Allowed Zones. Indoor personal cannabis cultivation may only occur on property that is in the following zones:
B.
Allowed Property. Indoor personal cannabis cultivation shall only be on privately owned property. If the owner of the property is not the authorized grower, the authorized grower shall have the express written consent of the owner to cultivate cannabis on the property.
C.
Indoors. The indoor personal cannabis cultivation area shall be located inside a residential structure or inside a greenhouse that is on property with a residential structure and secured, locked, and mechanically ventilated and filtrated. Indoor cannabis cultivation in both a residential structure and in a greenhouse shall not be permitted on the same property at any time.
D.
Responsibility to Guard Evidence of Cannabis. Indoor personal cannabis cultivation, or any evidence thereof, shall not be visible from the public right-of-way, including, but not limited to, cannabis plants, equipment and materials used for growing or cultivation, and light emanating from cultivation lights.
E.
Authorized Grower Residence. The authorized grower shall reside in the residential structure on the property where the cannabis cultivation occurs at all times that cannabis cultivation activities are present. The residential structure shall include a kitchen, a bathroom, and at least one bedroom area, each operational and used for their intended use by the authorized grower.
F.
Primary Use. The residential property shall not be used primarily or exclusively for indoor personal cannabis cultivation.
G.
Maximum Plants. No more than six individual cannabis and industrial hemp plants, mature or immature, are permitted within a residential structure or greenhouse at any time, regardless of how many authorized growers reside there. Because of the inherent difficulties in distinguishing between cannabis and industrial hemp plants, this restriction on number of plants applies to the total number of cannabis and industrial hemp plants.
H.
Security. Indoor personal cannabis cultivation and storage of cannabis shall be in a room dedicated to either or both of those purposes and secured with lock and key to deter access by children.
I.
Lighting. Any lighting used for indoor personal cannabis cultivation shall comply with the Building Code, Electrical Code, and Fire Code, as adopted by the city. Specifically, the indoor personal cannabis cultivation area shall be in compliance with Building Code Section 1203.5 Natural Ventilation, Mechanical Code Section 402.3 - Mechanical Ventilation, and any other applicable building standards adopted by the city.
J.
Additional Standards. The city building official may require additional specific standards to meet the Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers.
K.
Gas Products Prohibited. Gas products or generators shall not be used within any residential structure or greenhouse that is used for indoor personal cannabis cultivation.
L.
Nuisance Prohibited. Indoor personal cannabis cultivation shall not result in a nuisance or adversely affect the health, safety, or welfare of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products, or wastes.
(Ord. 008-2020 § 3)
§ 17.70.050 Cannabis businesses allowed and general conditions of use.
A.
Cannabis Businesses Prohibited without Permit. It shall be unlawful for any person to engage in, to conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon premises located within the city, the operation of a cannabis business allowed by this chapter unless that person has first obtained and continues to maintain in full force and effect a valid conditional use permit and development agreement for a cannabis business issued by the city for those premises.
B.
Types of Cannabis Businesses Allowed.
1.
Only the following types of cannabis businesses are allowed in the city. Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited.
C.
Total Storefront Cannabis Businesses Allowed in the City Limited. The intent of this section is to limit the total number of storefronts engaged in cannabis businesses open to the public to three, within the city. There are no limits to the number of cannabis businesses that do not have a retail component and/or that are not open to the public.
1.
No more than three storefront cannabis businesses that hold either or a combination of a Type 10 (Retailer) or Type 12 (Microbusiness) license from the state of California shall be permitted in the city. This total does not include a Type 10 (Retailer) or Type 12 (Microbusiness) license that does not have a storefront.
2.
An owner or operator of a cannabis business may own or operate more than one cannabis business within the city; provided, however, no owner or operator shall own or operate more than one storefront cannabis business.
D.
General Conditions of Use for All Cannabis Businesses.
1.
Allowed Zones. Cannabis businesses are limited to the Business Park (B-P) and Industrial Park and/or Industrial (I-P-I) zones in the city. Micro-business (storefront), micro-business (non-storefront), retailer (storefront), and retailer (non-storefront) permittees are conditionally permitted only in the Business Park (B-P) zone, with the issuance of a conditional use permit and development agreement, jointly approved by the city.
2.
Information Required for Conditional Use Permit. The following information shall be required with the initial conditional use permit application and subsequent permit extensions for any cannabis business:
a.
The name of each person owning, leasing, occupying, or having charge of any premises where the cannabis business will be located.
b.
A notarized signature from the owner of the property consenting to a cannabis business on the premises in a form acceptable to the city.
c.
The name of each cannabis business owner and authorized grower, if applicable, who will participate in the cannabis business.
d.
The physical site address of the cannabis business.
e.
A signed consent form, authorizing city staff, including police personnel, to conduct an inspection of the cannabis business premises, at any time following 24 hours' notice.
f.
A copy of the relevant cannabis business license from the state of California.
g.
A business plan outlining compliance with all applicable provisions herein.
3.
Requisite City Findings. In granting a conditional use permit for a cannabis business, or granting an extension of a conditional use permit, the city shall make the following findings:
a.
The cannabis business will not generate, or has not generated, a proportionally large number of calls for police services compared to similarly situated businesses of the same size.
b.
The cannabis business will not cause, or has not caused, secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, cannabis use in public, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct.
c.
The cannabis business's location, size, and other development standards are consistent with state law, the city's municipal code, and this chapter.
d.
The cannabis business will be, or is still, within a fully enclosed building and not visible from the public right-of-way.
e.
The development agreement between the city and the cannabis business adequately details any required operational standards imposed by the city, including fees, community benefits, and community enhancement efforts by the business.
4.
Conditional Use Permit Valid for No More Than Two Years. A conditional use permit issued for a cannabis business shall be valid for no more than two years and may be extended in increments of two years by the city manager or designee, provided, however, that all conditions of the permit have been complied with and there have been no significant changes to the cannabis business. Any changes to the use or business shall require a new approval by the planning commission and/or city council.
5.
Permit Application Information Confidential. To the extent permitted by law, any personal or medical information submitted with a cannabis business conditional use permit application or extension shall be kept confidential and shall only be used for purposes of administering this chapter.
6.
Permit Fee Required. Each permit application shall be submitted with a fee to cover the reasonable cost of administering this chapter and processing the permit application. Such fee(s) shall be established by resolution of the city council.
7.
Non-Transferable Conditional Use Permit. A cannabis business conditional use permit is nontransferable. A conditional use permit issued pursuant to this chapter shall become null and void upon the cessation of the cannabis business, or upon transfer to anyone other than the original applicant.
8.
Responsibility to Monitor Cannabis Use on Premises. A cannabis business permittee shall not allow cannabis to be inhaled, smoked, eaten, ingested, or otherwise consumed on the premises.
9.
Responsibility to Guard Evidence of Cannabis Business. A cannabis business permittee shall not allow evidence of cannabis to be visible from the public right-of-way, the unsecured areas surrounding the premises, or the building's doorway, including, but not limited to, cannabis plants, equipment and materials used for growing or cultivation, and light emanating from cultivation lights.
10.
Delivery by Commercial Cannabis Retailer or Microbusiness Permitted. Delivery of cannabis is allowed by a commercial cannabis retailer or commercial cannabis microbusiness with a valid state license as long as done in compliance with state law and regulation the following conditions are met:
b.
Limit on Delivery. The city may prohibit a commercial cannabis retailer or commercial cannabis microbusiness from delivering cannabis where the city manager or designee finds the commercial cannabis retailer or commercial cannabis microbusiness, or any individual engaged by the applicant or permittee to deliver cannabis in the city:
i.
Engages vehicles or devices for delivery that are neither maintained nor operated in a manner and in a condition required by law and applicable regulations.
ii.
Has been under suspension, revocation, or probation by the Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of any of the following offenses: driving while under the influence, or reckless driving involving bodily injury, or who does not possess a valid driver's license.
iii.
Has been convicted of any offense punishable as a felony, or has been convicted within a five-year period immediately preceding the crime of theft in either degree.
c.
Delivery Method. Cannabis shall be delivered only to the residential address of the customer(s).
d.
Delivery Time. Deliveries of cannabis shall occur only between the hours of six a.m. and ten p.m.
e.
License Available on Request. Any person who delivers cannabis shall carry a copy of the license issued by the state of California allowing deliveries, which shall be made available upon request at any time to law enforcement.
11.
Special Events Prohibited. Under no circumstances shall a cannabis business host, or organize elsewhere in the city, live entertainment that includes cannabis or any special events promoting, selling, or featuring cannabis, whether temporary or regularly scheduled, for commercial purposes.
12.
Building Permit Required. Any structure or unit, regardless of square footage, constructed, altered or used for a cannabis business must have a valid building permit duly issued by the city building official. The city building official shall consult with the director of community development and chief of police in consideration of any building permit application seeking a building permit for the construction or alteration of any structure to be used for a cannabis business.
13.
Proximity to Subdivisions. A cannabis business shall not be located within 200 feet of a subdivision. The 200 foot distance requirement shall be measured from the nearest property line of the subdivision to the nearest property line of the cannabis business premises.
14.
Proximity to Schools, Day Care Centers, Youth Centers and Public Parks. It shall be unlawful and a public nuisance to conduct a cannabis business on any premises within 600 feet of any school, day care center, youth center, or public park. The 600 feet shall be measured from the closest property line of the school, day care center, youth center, or public park to the closest property line of the cannabis business premises.
15.
Area. It shall be unlawful and a public nuisance for any person or persons owning, leasing, occupying, or having charge or possession of any premises within any zoning district in the city to conduct a cannabis business within a structure greater than a size specifically allowed by the conditional use permit, which size will be determined by the city in compliance with Business and Professions Code Section 26000 et seq. and subject to health, safety, and welfare objectives of the city.
16.
Security Systems. Adequate mechanical or electronic security systems approved by the building official and chief of police shall be installed in and around the detached structure prior to the commencement of cannabis business.
17.
Regulations on Indoor Grow Lights. Indoor grow lights shall comply with the Building Code, Electrical Code, Fire Code, and Health and Safety Code, as adopted by the city. Gas products or generators may be used within any structure used for commercial cannabis cultivation, subject to compliance with performance standards required by the state and city, including the Fire Code, the National Fire Protection Association 1 – Chapter 38, the Health and Safety Code, the Building Code, the Electrical Code, and the MAUCRSA.
18.
Ventilation Requirements. Any structure used for commercial cannabis cultivation must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with Mechanical Code Section 402.3 – Mechanical Ventilation. The ventilation and filtration system must be approved by the building official and installed prior to commencing operations.
19.
Background Check. In conjunction with reviewing a cannabis business permit application, the applicant authorizes the chief of police or designee to conduct criminal background checks of any permit applicant or authorized grower, if applicable.
20.
Separate Premises for Cannabis and Industrial Hemp. No cannabis business may be located on the same premises as a business handling industrial hemp. No business handling industrial hemp may be located on the same premises as a cannabis business.
(Ord. 008-2020 § 3)
§ 17.70.060 Cannabis businesses special conditions of use.
In addition to the conditions set forth above, cannabis businesses are subject to the following special conditions of use:
A.
Special Conditions of Use for Commercial Cannabis Cultivation.
1.
License Type. Commercial cannabis cultivation businesses are expressly limited to holders of licenses from the state of California in the following classifications: Type 1A (Cultivation), Type 1B (Cultivation), Type 2A (Cultivation), Type 2B (Cultivation), Type 3A (Cultivation), Type 3B (Cultivation), Type 4 (Cultivation), or Type 12 (Microbusiness).
2.
Grow Area. The total canopy size of cannabis growing on one premises must not exceed 22,000 square feet.
3.
Access. Commercial cannabis cultivation premises shall be restricted to and accessible only to authorized employees of that commercial cannabis cultivation business.
B.
Special Conditions of Use for Commercial Cannabis Operation (Manufacturer, Testing, Distributor, Microbusiness).
1.
License Type. Commercial cannabis operations are expressly limited to holders of licenses from the state of California in the following classifications: Type 6 (Manufacturer 1), Type 7 (Manufacturer 2), Type 8 (Testing laboratory), Type 11 (Distributor), and Type 12 (Microbusiness).
2.
Access. Commercial cannabis operation premises shall be restricted to and accessible to only authorized employees of that commercial cannabis operation.
3.
Back-Up Power. Commercial cannabis operations licensed to use volatile solvents must have a back-up power generator to power any machinery used to control or contain the volatile solvents.
C.
Special Conditions of Use for Commercial Cannabis Retailer and Commercial Cannabis Microbusiness.
1.
License Type. Commercial cannabis retailers are expressly limited to holders of licenses from the state of California in the following classifications: Type 10 (Retailer), or Type 12 (Microbusiness).
2.
Access. Commercial cannabis retailer premises shall be restricted to allow access to authorized employees, medical cannabis patients over 18 with valid identification, primary caregivers, and adults 21 years and older with valid identification.
3.
Educational Materials Required. A commercial cannabis retailer shall distribute educational material, free of cost, on the negative effects of cannabis to children and youth and the customer's responsibility to keep cannabis away from the reach of children and youth. Such educational material shall be prepared in compliance with applicable state laws and will be subject to approval by the city.
4.
Prohibition on Cultivation. A commercial cannabis retailer shall not permit cannabis to be cultivated on the premises, except where the commercial cannabis retailer is operating pursuant to a Type 12 (Microbusiness) license from the state of California.
(Ord. 008-2020 § 3)
§ 17.70.070 Mobile cannabis retailers/mobile dispensaries prohibited.
Mobile cannabis retailers, also known as mobile dispensaries, are prohibited. No person shall locate, operate, own, allow to be operated, or assist in the operation of any mobile cannabis retailer within the city.
(Ord. 008-2020 § 3)
§ 17.70.080 Review, issuance or denial of use permit for cannabis businesses.
Prior to any determination from the city, a conditional use permit and development agreement must first be reviewed for conformity with this chapter and recommended by the planning commission for city council approval.
(Ord. 008-2020 § 3)
§ 17.70.090 Authority to suspend and revoke use permit.
A.
Power to Suspend or Revoke. Any permit issued under the terms of this chapter may be suspended or revoked by the planning commission pursuant to Section 17.66.070 of the Rio Vista Municipal Code.
B.
Conditions to Suspend or Revoke. In addition to the required findings set forth in Section 17.66.070, a use permit for a cannabis business may be revoked if it appears to the planning commission that any of the following conditions have been met:
1.
The cannabis business has violated any of the requirements of this chapter.
2.
The cannabis business is being operated in a manner which violates the operational requirements or security plan required by this chapter or the development agreement.
3.
The cannabis business is being operated in a manner which constitutes a nuisance.
4.
The cannabis business has ceased to operate for 30 days or more.
5.
The cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.
6.
The cannabis business applicant or operator has knowingly made a false statement in the application or in any reports or other documents furnished to the city.
C.
Permit Deemed Expired. Any use permit for a cannabis business revoked pursuant to this chapter shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the use permit.
(Ord. 008-2020 § 3)
§ 17.70.100 Appeal procedures.
Any decision by the planning commission pursuant to this chapter may be appealed to the city council in accordance with Section 17.66.080 of the Rio Vista Municipal Code. Appeals must be submitted in writing, setting forth the specific grounds of the appeal, and submitted within 10 days of the decision. Decisions of the city council are final.
(Ord. 008-2020 § 3)
§ 17.70.110 Annual review of cannabis business.
The director of community development is hereby authorized to conduct an annual review of the operation of each use permit for a cannabis business within the city for full compliance with the operational, recordkeeping, nuisance, and other requirements of this chapter. A fee in an amount established by resolution of the city council shall be collected in order to reimburse the city for the time involved in the annual review process. Staff may initiate a permit suspension or revocation process for any cannabis business which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis business, place on a planning commission meeting agenda, a proposal to suspend or revoke the cannabis business use permit. In lieu of suspension or revocation of a cannabis business use permit, staff may recommend, and a permittee may agree to, additional measures be imposed on the cannabis business (e.g. odor study) until it is determined the cannabis business is in full compliance with the provisions of this chapter.
(Ord. 008-2020 § 3)
§ 17.70.120 Cannabis smoking prohibited in public places.
Smoking or consuming cannabis on any public property or at any cannabis business, including commercial cannabis cultivation facilities, commercial cannabis operations facilities, and commercial cannabis retail facilities, is prohibited.
(Ord. 008-2020 § 3)
§ 17.70.130 Indemnification.
Every application filed or permit issued under this chapter shall contain a term or condition requiring the applicant, through its managers or authorized representatives, to execute an agreement in a form approved by the city attorney whereby the applicant and cannabis business: (1) releases the city, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from: (a) any repeal or amendment of this chapter and/or the municipal code relating to cannabis businesses, or (b) any arrest or prosecution of the business or its managers, employees, or members for violation of state laws; and (2) defends, indemnifies, and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations of the business, and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the operation of the business or related activity.
(Ord. 008-2020 § 3)
§ 17.70.140 Enforcement.
Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of Chapter 8.16 of the Rio Vista Municipal Code or any other applicable law. Any use not expressly authorized is prohibited.
(Ord. 008-2020 § 3)