"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Non-storefront retail" is defined as the selling and delivering of cannabis and cannabis goods to customers from a licensed premise that is not open to the public.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-835, § 1, 6-19-18)

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 5, 12-28-2020)

Cannabis non-storefront retailers shall comply with all of the following regulations:

A.

Non-storefront retail licensees must identify one of the following license application types:

1.

Adult-use (A-License).

2.

Medicinal (M-License).

B.

Non-storefront retail businesses shall comply with the following:

1.

Sales and deliveries must only take place between six a.m. and ten p.m. Pacific Time.

2.

All cannabis goods must be placed in an opaque exit package prior to leaving the premises.

3.

Deliveries may be made only by employees of the retailer.

4.

Deliveries must be to a private residence, and cannot be sent to a post office box. The private residence of the consumer must be off-site residence of the non-storefront retail licensee's location. For purposes of this section, "private residence" "means a house, an apartment unit, a mobile home, or other similar dwelling."

5.

Delivery vehicles may not contain more than the amounts allowed under State Code of Cannabis Goods at any time.

6.

The licensee must be able to immediately locate all delivery vehicles at all times.

7.

Non-storefront retail licensees cannot package or label cannabis goods.

a.

An exception to this limitation is allowed for dried flower held in inventory by a retailer at the time of licensure that is not packaged; this dried flower may be packaged by the retailer into individual packages for sale beginning January 1, 2018 and before July 1, 2018.

8.

Retailer licensees cannot accept, possess, or sell cannabis goods if they are not packaged as they will be sold at final sale.

C.

Cannabis non-storefront retailers shall possess a valid county cultivation, distribution, and/or manufacturing license and shall abide by the regulations established under Trinity County's cultivation ordinance. The retail premises shall be on the legal parcel as designated on the cultivation license.

D.

Cannabis non-storefront retailers facilities shall be closed to the public. All orders must be placed via phone, facsimile, mail or internet.

E.

Non-storefront retail licensees must allow access to any facilities or any vehicles utilized in transportation, and allow access to records if requested by the county, its officers, or agents, and allow inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

F.

Non-storefront retail licensees must indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

G.

Non-storefront retail licensees must obtain a valid and fully executed commercial cannabis non-storefront retail license from the state prior to commencing operations, and must maintain such license in good standing in order to continue operations.

H.

Non-storefront retail licensees and property owners who lease property to non-storefront retailers must ensure that all commercial cannabis activities at the site operate in good standing with permits and licenses required by the Trinity County Code and state law. Property owners who fail to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be subject to suspension or revocation non-storefront retailer license, as well as personal liability for required enforcement.

I.

Non-storefront retail premises are only allowed in zones where cultivation licenses are allowed. The premises shall not be on prime agricultural soil, as determined by the planning director or his/her designee.

1.

Non-storefront retail premises will not be allowed within the following areas:

a.

Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area and within the lease lots within the Ruth Lake Community Services District.

b.

Timber Production Zones (TPZ) with the exception made for qualified Phase I Applicants (enrolled under NCRWQCB Order #2015-0023 by August 1, 2016).

c.

Residential 1 (R1), residential 2 (R2), or residential 3 (R3) zones.

d.

Within the legal boundaries of the Weaverville Community Services District, Coffee Creek Volunteer Fire District and Trinity Center Community Services District and Bucktail Subdivisions, Unit 1, 2, and 3 as found in Trinity County Book of Maps 3, Page 273, Book of Maps 4, Page 53, and Book of Maps 4, Page 150 accordingly on record with the Trinity County Recorder and within the following area of the Lewiston Community Services District: Mt. Diablo Meridian, Township 33N, Range 8W, Sections 17, 18, 19, 20, and Mt. Diablo Meridian, Township 33N, Range 9W, Section 24, I3, which are in proximity to high density areas, and therefore, create a substantial risk of a public nuisance.

J.

Non-storefront retail premises and activities are not allowed within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein. In addition, non-storefront retail facilities and activities are not allowed within five hundred feet from an authorized school bus stop, unless a variance is obtained.

K.

Non-storefront retail licensees must pay an annual program fee annually from date of issue. The cannabis non-storefront retail program fee is set at: Five hundred dollars.

L.

The above fee amounts are not anticipated to fully cover the cost of administering this chapter; however, within twelve months of this chapter, the county may conduct a fee study to determine the total cost of administering this chapter.

1.

If, based on the results of the fee study, the fee needs to be increased; the county may increase the fee by way of resolution for any new or renewal registrations.

2.

If, based on the results of the fee study, the fee exceeds the cost of administering this chapter the county shall decrease the fee by way of resolution and shall also reimburse applicants their proportional share of any overpayment.

(Ord. No. 315-835, § 1, 6-19-18)

A.

Applicant's application shall be denied or the issuance of a license rescinded if Trinity County becomes aware of any of the following:

1.

The applicant has provided materially false documents or testimony;

2.

The operation as proposed if permitted, would not comply with all applicable laws including but not limited to the building, planning, housing, fire and health codes of the county including the provisions of this chapter and with all applicable laws including zoning and county ordinances.

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Section 8.90.130 of the Trinity County Code.

(Ord. No. 315-835, § 1, 6-19-18)