Chapter 5.70
CANNABIS BUSINESSES
Sections:
Article I. Medical Cannabis
Article II. Cannabis Businesses
5.70.150 Commercial cannabis businesses allowed.
5.70.163 Commercial cannabis business operating agreement.
5.70.164 Commercial cannabis business operating plan.
5.70.165 Commercial cannabis business security plan.
Article I. Medical Cannabis
5.70.010 Purpose.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1414 § 2, 2016; Ord. 13-1365 § 2, 2013.]
5.70.020 Definitions.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1414 § 2, 2016; Ord. 13-1365 § 2, 2013.]
5.70.030 Medical cannabis dispensaries prohibited.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1414 § 2, 2016; Ord. 13-1365 § 2, 2013.]
5.70.040 Medical cannabis deliveries prohibited.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1414 § 2, 2016.]
5.70.050 Commercial medical cannabis businesses allowed.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1414 § 2, 2016.]
5.70.051 Commercial medical cannabis permit.
Repealed by Ord. 21-1492. [Ord. 19-1465 § 3, 2019; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.052 Commercial medical cannabis permit holder qualifications.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.053 Commercial medical cannabis permit application.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.054 Commercial medical cannabis business operating agreement.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.055 Commercial medical cannabis business operating plan.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.056 Commercial medical cannabis business security plan.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.057 Commercial medical cannabis permit revocation and suspension.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.058 Commercial medical cannabis permit indemnification.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.060 Penalty.
Repealed by Ord. 21-1492. [Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1414 § 2, 2016; Ord. 13-1365 § 2, 2013. Formerly 5.70.040.]
Article II. Cannabis Businesses
5.70.110 Purpose.
A. In enacting this article, it is the intent of the city council to protect the safety and welfare of the general public. The Federal Controlled Substances Act, 21 U.S.C. Section 841, prohibits the possession, sale and distribution of cannabis, and the city council finds that sanctioning the opening or establishment of cannabis collectives, cooperatives, and dispensaries, or allowing the delivery of cannabis within the city would be inconsistent with federal law. However, the city acknowledges that state law allows commercial cannabis businesses, and that certain commercial cannabis businesses that operate in accordance with state law and are properly vetted, regulated, and monitored, can have positive economic impacts in the communities in which they operate.
B. The purpose of this article is to establish regulations for commercial cannabis businesses to operate as set forth in this article. Nothing in this article shall be deemed to allow or authorize any use or activity which is not expressly permitted by this article and is otherwise prohibited by any state or federal law. [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1415 § 2, 2016.]
5.70.120 Definitions.
The following words and phrases, whenever used in this article, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. “City” means the city of Pittsburg.
B. “Commercial cannabis business” means business engaged in commercial activity involving cannabis and holding one or more state licenses. A single commercial cannabis business may hold multiple state licenses under a single city commercial cannabis permit.
C. “Cannabis” shall have the same meaning as set forth in California Health and Safety Code Section 11018 et seq. Consistent with state law, it does not include industrial hemp, as defined in Health and Safety Code Section 11018.5.
D. “Cannabis delivery” shall have the same meaning as set forth in PMC 18.08.080.
E. “Cannabis retail” or “retail” shall have the same meaning as set forth in PMC 18.08.080.
F. “Cannabis product(s)” means, consistent with state law, unprocessed cannabis plant material and/or 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.
G. “Licensee” means any person or business with a commercial cannabis permit and operating agreement approved by the city.
H. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character. [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1415 § 2, 2016.]
5.70.130 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.140 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1415 § 2, 2016. Formerly 5.70.130.]
5.70.150 Commercial cannabis businesses allowed.
No commercial cannabis business is allowed in the city, except in compliance with the requirements set forth in this article and all applicable provisions of the Pittsburg Municipal Code. Prior to operation, a commercial cannabis business must obtain a city business license, one or more city cannabis permits, all necessary state licenses, and enter into an operating agreement with the city. It shall be unlawful for any person to engage in, conduct, carry on, or to allow to be engaged in, conducted or carried on, in or upon any premises in the city, a commercial cannabis business without complying with the requirements of this article.
The city council may by resolution establish and/or modify the number and type of future commercial cannabis businesses allowed within the city, including establishing moratoria. A four-fifths vote is required to increase the number of commercial cannabis permits allowed or to expand the locations where commercial cannabis businesses are allowed. [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1415 § 2, 2016. Formerly 5.70.140.]
5.70.160 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 19-1465 § 3, 2019; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.161 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.162 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.163 Commercial cannabis business operating agreement.
The operating agreement shall set forth the terms and conditions under which the commercial cannabis business will operate, which are in addition to the requirements of this article, including, but not limited to:
A. A business operating plan as set forth in PMC 5.70.164;
B. A security plan as set forth in PMC 5.70.165;
C. Required cannabis business tax;
D. Payment of fees and other charges mutually agreed to; and
E. Additional terms and conditions that will protect and promote public health, safety, and welfare.
The operating agreement shall be approved by the city council during a duly noticed, open and public meeting. The operating agreement may be approved concurrently with the commercial cannabis permit. An approved operating agreement shall only be in force with a valid commercial cannabis permit. [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.164 Commercial cannabis business operating plan.
An operating plan shall be in conformance with the requirements of this article, and shall include, at a minimum:
A. A list of the names, addresses, telephone numbers, and responsibilities of each applicant, manager and employee of the commercial cannabis business.
B. Planned hours and days of operation of the commercial cannabis business.
C. Site plan of the proposed facility.
D. Floor plan of the proposed business facility.
E. Procedures to be utilized at the facility, including, as applicable, a description of which chemicals will be used, how chemicals will be stored, handled, and used; extraction and infusion methods; the transportation process; inventory procedures; cannabis track and trace procedures; quality control procedures; and testing procedures.
F. A detailed description of the product(s) to be manufactured at the business, including a description of the product’s intended final use by consumers, as applicable.
G. A detailed description of the types of product(s) to be sold at the business, as applicable.
H. Transportation plan detailing how and when cannabis will be delivered to and from the commercial cannabis business. Licensee shall only transport cannabis and/or cannabis products via a transport service(s) licensed by the state and in compliance with state law.
I. Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated, or excess cannabis and cannabis products.
J. Procedures for inventory control to prevent diversion of cannabis or cannabis products to unintended uses; employee screening; storage of cannabis; personnel policies; and recordkeeping.
K. Odor management plan detailing the reasonable steps that will be taken by the business to ensure that the odor of cannabis and other physical impacts on neighboring properties will be minimized.
L. Policies and procedures for adopting, monitoring, implementing, and enforcing all requirements of this article.
The city shall have the discretion to require changes to a business’s operating plan. A commercial cannabis permit holder is required to submit any proposed change(s) to an approved operating plan to the city manager for approval, at least 30 days before the proposed change(s) is/are to take effect. Failure to do so will result in a suspension and/or revocation of the permit. The city manager shall have the authority to suspend a permit, and the city council shall have the authority to revoke a permit. [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.165 Commercial cannabis business security plan.
A security plan must be developed in consultation with, and approved by, the city’s chief of police or their designee, to ensure the safety of persons working inside the business, and to protect the premises from theft, vandalism, and fire. The applicant’s proposed security plan must be filed with the city manager or city manager’s designee at the time of application, and the final security plan as approved by the chief of police or their designee shall be kept on file with the police department and city manager’s office at all times. The applicant shall agree to implement all measures set forth in the security plan. The security plan shall include, but not be limited to, the following security measures:
A. Storing cannabis and cannabis products not being manufactured or tested, in a secure room(s). Access to this/these room(s) shall be limited to key officers or employees.
B. Installation of 24-hour security surveillance cameras of at least high definition quality, to monitor all entrances and exits to and from the premises, all interior spaces where cannabis, cash, or currency is being stored, and all interior spaces where diversion of cannabis could reasonably occur. Access to the security surveillance camera network shall be given to the police department.
C. The location, make(s) and model(s) of all security infrastructure.
D. A floor plan showing the location of secure areas.
E. Retention of 24-hour surveillance camera footage for at least 60 days. All surveillance camera footage shall be made immediately available to the chief of police or the chief of police’s designee, or to any other state or local law enforcement, upon request.
F. The total amount of concentrated THC stored by a manufacturing business at any one time shall be documented, and records shall be made available to the chief of police or his/her designee at all times. The chief of police shall reserve the right to establish a limit on the amount of concentrated THC stored at any time.
G. Professionally installed, maintained and monitored alarm system. Notice of the triggered alarm shall be sent to the police department.
H. Sensors installed to detect entry and exit from all secure areas.
I. Use of commercial-grade, nonresidential locking mechanisms at all points of ingress and egress.
J. Procedure whereby police department is notified immediately upon any incidence of theft, vandalism, or any other instances stipulated by the chief of police or their designee.
K. Designation of a responsible individual, who will be the business’s point of contact with city, police, and other law enforcement entities.
L. Transportation plan detailing how and when nonmedical cannabis will be delivered to and from the commercial cannabis business.
M. If the chief of police determines a business is disproportionately impacting police resources, the chief of police may require licensee to provide additional public safety measures, including, but not limited to, additional video cameras, additional exterior lighting, hiring licensed and bonded security guards approved by the police department, or such other measures as determined necessary by the chief of police. Any such additional measures required by the chief of police shall be at the licensee’s sole expense.
N. All inventory, testing, usage, or other logs shall be made available to the police department or city manager upon request.
O. All other requirements determined by the city manager and/or city’s chief of police in their sole discretion. [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.170 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.180 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.190 Reserved.
[Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018.]
5.70.200 Penalty.
A. Violation of this article is a public nuisance.
B. Nothing in this article in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, for violations of this chapter. Such additional remedies include, but are not limited to, injunctive relief, administrative citations, or a cause of action under the California Narcotics Nuisance Abatement Act (Health and Safety Code Section 11570). [Ord. 21-1492 § 4, 2021; Ord. 18-1442 § 3 (Exh. A), 2018; Ord. 16-1415 § 2, 2016. Formerly 5.70.150.]