Chapter 6.12
CANNABIS BUSINESS PILOT PROGRAM
Sections:
6.12.040 State and local requirements.
6.12.050 Applications for a cannabis business.
6.12.060 Inspections and record retention.
6.12.070 Commercial cannabis cultivation.
6.12.080 Cannabis dispensaries.
6.12.090 Cannabis manufacturing.
6.12.100 Cannabis testing laboratory.
6.12.120 Violation and penalties.
6.12.160 Consistency with Statewide regulation.
Prior legislation: Ords. 16-009 and 17-004.
6.12.010 Title.
These regulations shall be known and cited as the “cannabis business code” and may hereinafter be referred to as the “code.” [Ord. 17-008 § 1.]
6.12.020 Purpose and intent.
The purpose and intent of this code is to establish a cannabis business pilot program containing a comprehensive set of regulations with regulatory permits applicable to the operation of cannabis businesses and to protect the health, safety, and welfare of the residents of the City of Dixon. The regulations in this code do not interfere with a qualified patient’s right to obtain, cultivate, and use medicinal cannabis as authorized under State law, nor do they criminalize the possession or cultivation of cannabis by qualified patients or their primary caregivers. Cannabis businesses shall comply with all provisions of the Dixon Municipal Code, State law and regulations, and all other applicable local codes and regulations. It is neither the intent nor the effect of this code to condone or legitimize the illegal use or consumption of cannabis under Federal, State, or local law. [Ord. 17-008 § 1.]
6.12.030 Definitions.
“Applicant” means a person that files an application to operate a cannabis business pursuant to this code.
“Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.
“Business” means a profession, trade, occupation, gainful activity, and all and every kind of calling whether or not carried on for profit.
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” does not mean “industrial hemp” as defined by Cal. Health & Safety Code § 11018.5.
“Cannabis business” means any business engaged in commercial cannabis activity. “Cannabis business” does not include any of the following:
1. A clinic licensed pursuant to Cal. Health & Safety Code Chapter 1 of Division 2.
2. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health & Safety Code Chapter 3.1 of Division 2.
3. A residential care facility for the elderly licensed pursuant to Cal. Health & Safety Code Chapter 3.2 of Division 2.
4. A residential hospice or a home health agency licensed pursuant to Cal. Health & Safety Code Chapters 8 and 8.5 of Division 2.
5. The cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined by Cal. Health & Safety Code § 11362.7 provided such activity complies strictly with all applicable State law, including, but not limited to, Cal. Health & Safety Code §§ 11362.5 and 11362.765.
“Cannabis cultivation business” means any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type 5B, or Type 12 State cannabis license, cultivates cannabis or cannabis products.
“Cannabis delivery” or “cannabis deliveries” means the sale of cannabis and cannabis products by delivery pursuant to a Type 10 State cannabis license.
“Cannabis dispensary” means a business at a particular location or real property involving the distribution of cannabis to qualified patients, primary caregivers, persons with identification cards, or customers pursuant to a Type 10 State cannabis license that is consistent with State law and this chapter.
“Cannabis manufacturing business” means any cannabis business that, pursuant to a Type 6, Type 7, or Type 12 State cannabis license, manufactures cannabis or cannabis products.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis testing laboratory” means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 State cannabis license.
“City” means the City of Dixon, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.
“City Manager” has the same meaning as that term is described in Chapter 2.09 DMC.
“Commercial cannabis activity” includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or cannabis products that requires a State license.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Identification card” means a document issued by the State Department of Health Services that identifies a person authorized to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.
“Juvenile” means any natural person who is under the age of eighteen (18) years of age.
“License” means a State license issued pursuant to Cal. Bus. & Prof. Code § 26000.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
“Primary caregiver” has the same meaning as that term is defined by Cal. Health & Safety Code § 11362.7.
“Qualified patient” has the same meaning as that term is defined by Cal. Health & Safety Code § 11362.7. [Ord. 17-008 § 1; Ord. 19-004 § 2; Ord. 23-003 § 1.]
6.12.040 State and local requirements.
A. Any cannabis business that does not have the applicable State license is prohibited within the City.
B. Any cannabis business allowed in the City shall obtain all of the following:
1. A development agreement.
2. A conditional use permit pursuant to the procedure in Chapter 18.24 DMC. Any conditional use permit relating to the location of a cannabis business may be approved based on all of the following findings:
a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of DMC Title 18.
b. The proposed use is consistent with the General Plan and any applicable specific plan.
c. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity.
d. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
f. The proposed project has been reviewed in compliance with the California Environmental Quality Act.
C. At the time of application to the City, every cannabis business applicant shall submit to the Community Development Director a copy of its license or license application required for its operation.
D. A cannabis business shall only be allowed to operate in the areas identified in DMC Title 18.
E. Every cannabis business shall comply with the following on-site sign requirements in addition to the requirements of the City’s sign ordinance as set forth in Chapter 18.18 DMC:
1. On-Site Signs. Cannabis businesses shall comply with the following on-site sign regulations:
a. Any on-site sign shall be included in the maximum sign area allowed for the property, and may display only the cannabis business’s name, logogram, address, hours of operation and contact information, and cannot advertise cannabis or cannabis products.
b. A cannabis business may install a freestanding sign, subject to the requirements of Chapter 18.18 DMC.
c. The following types of signs are prohibited: portable signs or sandwich signs located in the public right-of-way, digital signs, spinner signs, illuminated architectural canopy signs, pole signs, marquee signs, roof signs, temporary signs, moving signs and signs with movable parts, and supergraphic signs.
d. No sign shall contain the use of objects such as toys, inflatables, movie characters, cartoon characters, or include any other display, depiction, or image designed in any manner likely to be appealing to minors or anyone under twenty-one (21) years of age.
e. No sign shall contain a display, depiction, or image of a cannabis leaf or cannabis plant.
f. No sign shall contain a display, depiction, or image of any cannabis accessory or device used to consume cannabis.
2. Any signs located on the property of any cannabis business that do not conform with these regulations shall be removed by the business within thirty (30) days of the date written notice is provided by the City regarding the violation. [Ord. 17-008 § 1; Ord. 20-003 § 1; Ord. 24-002 § 6 (Exh. B).]
6.12.050 Applications for a cannabis business.
A. A person may apply to operate a cannabis business by filing an application with the City Manager on a form provided by the City. Every completed application shall be filed with a filing fee established by resolution adopted by the City Council.
B. A person shall not knowingly make a false statement of fact or knowingly omit any information that is required in an application to operate a cannabis business. [Ord. 17-008 § 1.]
6.12.060 Inspections and record retention.
A. Authority to Inspect.
1. City officials or law enforcement may reasonably enter and inspect the cannabis business at any time between the hours of 7:00 a.m. and 9:00 p.m. on any day of the week or at any reasonable time to ensure compliance and enforcement of this code.
2. City officials may inspect and demand copies of records maintained by the cannabis business, except for private medical records that shall be made available to law enforcement agencies only pursuant to a properly executed search warrant, subpoena, or court order.
3. A person shall not refuse, impede, obstruct, or interfere with an inspection pursuant to this code.
B. Records. A cannabis business shall maintain accurate records of commercial cannabis activity for a minimum of seven (7) years in accordance with Cal. Bus. & Prof. Code Chapter 16 (commencing with Section 2610) of Division 10. [Ord. 17-008 § 1.]
6.12.070 Commercial cannabis cultivation.
A. A cannabis cultivation business may be permitted within City limits pursuant to a development agreement and conditional use permit.
B. A cannabis cultivation business shall only be allowed within a fully enclosed building in a district identified in DMC Title 18.
C. A cannabis cultivation business shall not cultivate outdoors.
D. All cannabis cultivation businesses shall maintain any applicable license and conditional use permit, and comply with all of the following:
1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.
2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.
3. Statement of Owner’s Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis cultivation business, specifying the street address and parcel number.
4. Security.
a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the cultivation site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.
b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four (24) hours a day, seven (7) days a week) and the recording shall be maintained for at least thirty (30) days. The video recordings shall be made available to the City upon request.
c. Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.
5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.
6. Tax Compliance. A cannabis cultivation business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.
7. Cultivation Site Restricted. A cannabis cultivation business shall not open its cultivation site to the public. A cannabis cultivation business shall not allow anyone on the cultivation site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A juvenile shall not be on the cultivation site or operate a cannabis cultivation business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.
8. Insurance. The applicant’s certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.
9. Waste Management Plan. A cannabis cultivation business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed. If applicable, the plan shall include a description of measures to be taken relating to light bulb recycling. [Ord. 17-008 § 1.]
6.12.080 Cannabis dispensaries.
A. Up to two (2) cannabis dispensaries may be permitted within City limits pursuant to a development agreement and conditional use permit.
B. A cannabis dispensary shall only be allowed within a fully enclosed building in a district identified in DMC Title 18.
C. All commercial cannabis activity involving cannabis delivery or deliveries shall be made pursuant to a Type 10 State cannabis license. All cannabis deliveries pursuant to a Type 9 State cannabis license shall be prohibited within the city limits of the City of Dixon. Prior to providing cannabis or cannabis products to a delivery customer, the cannabis operator or retailer shall confirm the identity and age of the delivery customer as required under State law and shall secure a written or electronic signature of the delivery customer before completing the sale. Any violations of, or failure to comply with, the provisions of this subsection are subject to the penalties and enforcement provisions of this chapter, including but not limited to DMC 6.12.120 and 6.12.130, or any other applicable provisions of the DMC.
D. All cannabis dispensaries shall maintain any applicable license and conditional use permit, and comply with all of the following:
1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.
2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.
3. Statement of Owner’s Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis dispensary, specifying the street address and parcel number.
4. Security.
a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the dispensary site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.
b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four (24) hours a day, seven (7) days a week) and the recording shall be maintained for at least thirty (30) days. The video recordings shall be made available to the City upon request.
c. Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.
5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.
6. Tax Compliance. A cannabis dispensary shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.
7. Insurance. The applicant’s certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.
8. Waste Management Plan. A cannabis dispensary shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed. [Ord. 17-008 § 1; Ord. 19-004 § 2; Ord. 23-003 § 2.]
6.12.090 Cannabis manufacturing.
A. A cannabis manufacturing business may be permitted within City limits pursuant to a development agreement and conditional use permit.
B. A cannabis manufacturing business shall only be allowed within a fully enclosed building in a district identified in DMC Title 18.
C. All cannabis manufacturing businesses shall maintain any applicable license and conditional use permit, and comply with all of the following:
1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas. All manufacturing areas within a building on the manufacturing site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis manufacturing business.
2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.
3. Statement of Owner’s Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis manufacturing business, specifying the street address and parcel number.
4. Security.
a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the manufacturing site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.
b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four (24) hours a day, seven (7) days a week) and the recording shall be maintained for at least thirty (30) days. The video recordings shall be made available to the City upon request.
c. Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.
5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.
6. Manufacturing Site Restricted. A cannabis manufacturing business shall not open its manufacturing site to the public. A cannabis manufacturing business shall not allow anyone on the manufacturing site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A manager must be on the manufacturing site at all times that any other person, except for security guards, is on the site. A juvenile shall not be on the manufacturing site or operate a cannabis manufacturing business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.
7. Tax Compliance. A cannabis manufacturing business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.
8. Insurance. The applicant’s certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.
9. Waste Management Plan. A cannabis manufacturing business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed. [Ord. 17-008 § 1.]
6.12.100 Cannabis testing laboratory.
A. A cannabis testing laboratory may be permitted within City limits pursuant to a development agreement and conditional use permit.
B. A cannabis testing laboratory shall only be allowed within a fully enclosed building in a district identified in DMC Title 18.
C. All cannabis testing laboratories shall maintain any applicable license and conditional use permit, and comply with all of the following:
1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.
2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan shall comply with all of the following:
a. Entrances. All entrances into the buildings on the laboratory site shall be locked at all times with entry controlled by the cannabis testing laboratory business’s managers and staff.
b. Main Entrance and Lobby. The laboratory site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the testing areas.
c. Testing Area. All testing areas in any building on the laboratory site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory.
d. Transport Area. Each building with a testing area shall have an area designed for the secure transfer of cannabis from a vehicle to the testing area.
e. Storage Area. Each building with a testing area shall have adequate storage space for cannabis that has been tested or is waiting to be tested. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory.
3. Statement of Owner’s Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis testing laboratory, specifying the street address and parcel number.
4. Security.
a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the laboratory site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the laboratory site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.
b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four (24) hours a day, seven (7) days a week) and the recording shall be maintained for at least thirty (30) days. The video recordings shall be made available to the City upon request.
c. Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.
5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.
6. Tax Compliance. A cannabis testing laboratory shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.
7. Laboratory Site Restricted. A cannabis testing laboratory shall not open its laboratory site to the public. A cannabis testing laboratory shall not allow anyone on the laboratory site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A manager must be on the laboratory site at all times that any other person, except for security guards, is on the site. A juvenile shall not be on the laboratory site or operate a cannabis testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.
8. Insurance. The applicant’s certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.
9. Waste Management Plan. A cannabis testing laboratory shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed. [Ord. 17-008 § 1.]
6.12.110 Exemptions.
A. A person twenty-one (21) years of age or older who cultivates, possesses, stores, or transports cannabis exclusively for his or her personal, adult use pursuant to the limitations of State law is not engaged in commercial cannabis activity and is therefore exempt from the requirements of this code.
B. A qualified patient or primary caregiver who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute medical cannabis to any other person is not engaged in commercial cannabis activity and is therefore exempt from the requirements of this code. [Ord. 17-008 § 1.]
6.12.120 Violation and penalties.
A. A violation of any provisions of this code or failure to comply with any of its requirements shall constitute a misdemeanor; except that, notwithstanding any other provision of this code, a violation constituting a misdemeanor under this code may, at the discretion of the City Attorney, be charged and prosecuted as an infraction.
B. In addition to any other remedy allowed by this code or law, any person who violates a provision of this code is subject to the penalties in Chapter 1.06 DMC.
C. Any person who violates a provision of this code is liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day the violation continues.
D. Each person shall be charged with a separate offense for each day during which any violation of a provision of this code is committed, continued or permitted by that person and shall, upon conviction, be punished accordingly.
E. All remedies prescribed under this code shall be cumulative and the election of one (1) or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. [Ord. 17-008 § 1.]
6.12.130 Cost recovery.
A. The City shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this code. Costs incurred by the City are recoverable even if a public nuisance, DMC, or other violation of law is corrected by the property owner or other responsible party.
B. The cost of abating a public nuisance or enforcing this code shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one (1) responsible party, each party shall be jointly and severally liable for the costs.
C. For purposes of this code, the following additional definitions shall apply:
“Abatement costs” include the actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the DMC and any applicable State or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by City.
“Enforcement costs” include all actual and reasonable costs incurred by the City to enforce compliance with the DMC and any applicable State, County, or City public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the DMC or State or County law violations, and reasonable attorneys’ fees related to these activities.
“Responsible party” means a person or entity responsible for creating, causing, committing, or maintaining the violation of this code or State or County law.
“Subject property” means the real property that is the subject of any abatement or enforcement action by the City for which the City incurred costs and seeks recovery under this code. [Ord. 17-008 § 1.]
6.12.140 Notice.
A. All notices required by this code shall be deemed issued and served upon the date they are deposited in the mail, via certified mail, or the date on which personal service is provided.
B. A mailed notice shall be addressed to the applicant or cannabis business at the mailing address identified in its application, the last updated address on file with the City Manager’s office, or the address on the appeal form. [Ord. 17-008 § 1.]
6.12.150 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this code or part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or effectiveness of the remaining portions of this code or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. [Ord. 17-008 § 1.]
6.12.160 Consistency with Statewide regulation.
This code shall be read consistent with any Statewide regulation of cannabis that is promulgated by the California legislature or by voter approval in the future. [Ord. 17-008 § 1.]