"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.

"Microbusiness" is defined as the cultivation of cannabis on an area of less than ten thousand square feet and to act as a licensed cannabis distributor, and/or manufacturer, and/or retailer, provided such permitted uses comply with all requirements imposed on cultivators, distributors, manufactures and retailers by the county and state to extend the permittee engages in such actives.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

"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.

"Third party" means an individual or entity, other than the license holder in question, possessing a valid commercial cannabis license from the State of California.

"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. 315-837, § 2, 8-7-18)

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

(Ord. No. 315-849, § 6, 12-28-2020)

Cannabis microbusinesses shall comply with all of the following regulations:

A.

An applicant for a microbusiness license must be licensed under the county's cultivation licensing program and cultivating on an area ten thousand square feet or less and holding a valid Type 1 or Type 2 cultivation license. The combination of the microbusiness and cultivation license will count as one license as allowed by Ordinance No. 315-829.

B.

An applicant for a microbusiness license must hold a Trinity County cultivation license, engage in and be appropriately zoned for at least two or more of the following qualifying commercial cannabis activities in addition to cultivation:

1.

Manufacturing (Type 6, Type N or Type P).

2.

Distribution (Type 11 and 13).

3.

Retail (Type 9, non-storefront retail).

Microbusiness licenses shall not relieve the licensee of the requirements of holding and following the requirements of the individual license.

C.

A microbusiness applicant shall not be accepted until the cultivation license and applications for commercial cannabis activities listed above (in subsection B) have been accepted.

D.

A microbusiness license shall not be issued until the cultivation license and applications for commercial cannabis activities listed above (in subsection B) have been determined as eligible for issuance.

E.

All microbusiness activities shall not be conducted inside a private residence or require persons to pass through a private residence to access the licensed premises.

F.

Microbusiness applicants shall obtain a conditional use permit. Microbusiness applicants may qualify for a director's use permit rather than a conditional use permit when the following conditions apply:

1.

The microbusiness does not employ more than three permanent, full-time employees, and/or does not compensates no more than six thousand two hundred forty employee work hours per year; and

2.

The microbusiness does not generate more than two non-employee vehicles visiting the licensed premises at any one time, or no more than six non-employee vehicles per week.

G.

Should the vehicle access to the property on which the microbusiness license is granted be a shared and privately owned or maintained road or driveway, the Trinity County Planning Department will notify adjacent property owners who share use of the road/driveway. Objections from adjacent property owners who share use of the road/driveway may lead to further mitigation measures or the need for the microbusiness applicant to obtain a conditional use permit as determined by the director.

H.

The primary hours of operation shall be limited to seven a.m. to eight p.m. Monday through Saturday, and eight a.m. to five p.m. Sundays.

(Ord. No. 315-837, § 2, 8-7-18)

In addition to any other conditions and mitigations that apply, cannabis microbusinesses shall:

A.

Comply with all state and county codes related cultivation, manufacturing, distribution and retail, unless amended herein.

B.

Allow access to any facilities or vehicles utilized in transportation, 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.

C.

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.

D.

Obtain a valid and fully executed commercial cannabis microbusiness license from the state prior to commencing operations, maintain such license in good standing in order to continue operations.

E.

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 microbusiness license, as well as personal liability for required enforcement.

F.

Be limited to the following distribution amounts: In addition to the product that is grown pursuant to licensee's cannabis cultivation license, the microbusiness can distribute the following amount of third party product:

1.

Those with a specialty cottage licenses can distribute one hundred twenty-five pounds of product.

2.

Those with a specialty outdoor licenses can distribute two hundred fifty pounds of product.

3.

Those with a small outdoor or mixed-light Tier 1 and 2 licenses can distribute five hundred pounds of product.

G.

Cannabis distributed from a third party shall be at least seventy-five percent from Trinity County sources.

H.

Only be located in zoning districts where commercial cannabis licenses are allowed according to their respective ordinance (Cultivation Ordinance No. 315-823 and amendments; Manufacturing Ordinance No. 315-838, Distribution Ordinance No. 315-828 and Non-Storefront Retail Ordinance No. 315-835.

I.

A microbusiness license shall not be allowed within the most restrictive setback distance as provided for in the cultivation license or commercial cannabis activities permitted as part of this microbusiness license, unless a variance is otherwise obtained.

(Ord. No. 315-837, § 2, 8-7-18)

A.

Applicant's application shall be denied or the issuance of a license rescinded if the 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. 315-837, § 2, 8-7-18)

Pay a cannabis microbusiness license fee annually from the date of issuance.

A.

The cannabis microbusiness license fees are set at:

1.

Microbusiness/Specialty Cottage: Two thousand five hundred dollars plus seven hundred fifty dollars towards the general plan update.

2.

Microbusiness/Specialty: Six thousand dollars plus one thousand dollars towards the general plan update.

3.

Microbusiness/Small: Eight thousand dollars plus one thousand dollars towards the general plan update.

B.

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

C.

When transferring from a cultivation license to a microbusiness license, the microbusiness program fees will be reduced, on a prorated basis, by the annual cannabis cultivation license fee paid to obtain a cultivation license.

(Ord. No. 315-837, § 2, 8-7-18)