BILL NO. 835-C.S.
ORDINANCE NO. ___-C.S.
AN ORDINANCE OF THE CITY OF EUREKA AMENDING TITLE 15 CHAPTER 158
MEDICAL CANNABIS: CULTIVATION, PROCESSING AND DISTRIBUTION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA AS FOLLOWS:
Section 1.
Title 15, Chapter 158, Section, is hereby amended to read as follows:
CHAPTER 158: MEDICAL CANNABIS: CULTIVATION, PROCESSING AND
DISTRIBUTION
Section
General Provisions
158.001 Findings and purpose
158.002 Interpretation and applicability
158.003 Release of liability and hold harmless
158.004 Definitions
158.005 Severability
Personal Use - Requirements & Regulations
158.010 Cultivation
158.011 Processing
158.012 Distributing
Cooperatives & Collectives - Requirements & Regulations
158.020 Offices and Labs
158.021 Number of Facilities
158.022 Cultivation or processing
158.023 Distributing
158.024 Delivery Services
158.025 Inspection and Monitoring
Permits
158.030 Fees and taxes
158.031 Enforcement
Non-medical Marijuana Use – Requirements & Regulations
Ordinance No. 835-C.S.
May 3, 2011
158.040 Personal Use Cultivation, Processing, and Distributing
GENERAL PROVISIONS
§ 158.001 FINDINGS AND PURPOSE.
(A) The City Council of the City of Eureka, based on evidence presented to it in the proceedings leading to the adoption of this ordinance hereby finds that the cultivation, processing and distribution of medical cannabis in the City of Eureka has caused and is causing ongoing impacts to the community. These impacts include damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and similar crimes, and that many of these impacts have fallen disproportionately on residential neighborhoods. These impacts have also created an increase in response costs, including code enforcement, building,
land use, fire, and police staff time and expenses.
(B) The City Council of the City of Eureka also acknowledges that the voters of the State of California have provided a criminal defense to the cultivation, possession and use of cannabis for medical purposes under the Compassionate Use Act, but that the Compassionate Use Act does not address land use or building code impacts or issues arising from the resulting increase in cannabis cultivation within the City.
(C) The purpose and intent of this chapter is to regulate the cultivation, processing and distribution of medical cannabis in a manner that protects the public health, safety and welfare of the community and mitigates for the costs to the community of the oversight of these activities.
§ 158.002 INTERPRETATION AND APPLICABILITY.
(A) No part of this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The cultivation, processing and distribution of medical cannabis in the City of Eureka is controlled by the provisions of this chapter of the Eureka Municipal Code. Accessory uses and home occupations, where medical cannabis is involved shall be governed by the provisions of this chapter.
(B) Nothing in this ordinance is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.
(C) Nothing in this ordinance is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.
(D) Nothing in this ordinance is intended, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
(E) Nothing is this ordinance is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of cannabis that is otherwise prohibited under California law.
(F) All cultivation, processing and distribution of medical cannabis within city limits shall be subject to the provisions of this chapter, regardless if the cultivation, processing or distribution existed or occurred prior to adoption of this chapter.
§ 158.003 RELEASE OF LIABILITY AND HOLD HARMLESS.
As a condition of approval of any conditional use permit approved for a medical cannabis cultivation, processing, and/or distribution facility, the owner or permittee of each medical cannabis collective, cooperative, cultivation, processing or distribution facility shall indemnify and hold harmless the City of Eureka 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 at the collective, cooperative, cultivation, processing or distribution facility, 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 cultivation, processing or distribution of medical cannabis.
§ 158.004 DEFINITIONS.
DWELLING UNIT. A room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.
FACILITIES.
MEDICAL CANNABIS CULTIVATION FACILITY. A facility at which
medical cannabis is grown and harvested for supply to a MEDICAL CANNABIS PROCESSING FACILITY and/or a MEDICAL CANNABIS DISTRIBUTION FACILITY. MEDICAL CANNABIS DISTRIBUTION FACILITY. Any facility or location where medical cannabis is distributed as a medication upon recommendation by a physician and where medical cannabis is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5 et seq.).
MEDICAL CANNABIS PROCESSING FACILITY. A facility at which medical cannabis is processed for supply to a MEDICAL CANNABIS DISTRIBUTION FACILITY.
MEDICAL CANNABIS. (also known as medical marijuana) Cannabis, including constituents of cannabis, THC and other cannabinoids, used as a physician-recommended form of medicine or herbal therapy.
MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE. Any person, association, cooperative, affiliation, or collective of persons who provide education, referral, or network services, and/or facilitation or assistance in the cultivation, processing or distribution of medical cannabis.
MEDICAL CANNABIS CULTIVATION AREA. The maximum dimensions used for the cultivation of medical cannabis. For the purpose of this chapter, the allowable cultivation area shall be the cumulative gross area used for cultivation of medical cannabis and shall be measured using either (a) the outward edge of the trays, pots or other containers used for cultivation or (b) the vegetative canopy, whichever is greater.
MEDICAL CANNABIS DISTRIBUTION. The supply to a qualified patient by any person, including a primary caregiver, cooperative or collective, of medical cannabis that is not grown in the qualified patient’s residence.
MEDICAL CANNABIS PROCESSING. Medical cannabis processing includes, but is not limited to: manicuring, drying, curing, pressing, cooking, baking, infusing, grinding, bagging, packaging, rolling.
MEDICAL CANNABIS PROCESSING AREA. The maximum dimensions used for the processing of medical cannabis. For the purpose of this chapter, the allowable processing area shall be the cumulative gross floor area used for processing medical cannabis. Where the processing area occupies the majority of a room or rooms, the processing area shall be calculated as the total gross floor area of the room or rooms used for processing medical cannabis.
PRIMARY CAREGIVER. As defined in California Health and Safety Code Section
11362.7 et seq., and as it may be amended from time to time.
QUALIFIED PATIENT. As defined in California Health and Safety Code Section 11362.7 et seq., and as it may be amended from time to time.
RESIDENCE. A legal dwelling unit.
§ 158.005 SEVERABILITY
If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this ordinance.
PERSONAL USE - REQUIREMENTS & REGULATIONS
§ 158.010 CULTIVATION.
(A) A qualified patient shall be allowed to cultivate medical cannabis for their own personal use. The medical cannabis cultivation area shall not cumulatively exceed 50 square feet per residence. Cultivation of medical cannabis for personal use shall be in conformance with the following standards:
(1) The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Medical cannabis cultivation shall remain at all times secondary to the residential use of the property;
(2) The qualified patient shall reside in the residence where the medical cannabis cultivation occurs;
(3) Cultivation of medical cannabis for personal use shall occur only on the parcel either within the residence occupied by the qualified patient, or in a self-contained accessory building that is secured, locked, and fully enclosed and which is for the exclusive use of the qualified patient. Cultivation of medical cannabis for personal use shall not displace required off-street parking;
(4) The medical cannabis cultivation area shall not exceed 50 square feet and
shall not exceed 10 feet in height per residence, regardless if cultivated within the residence or in an accessory building unless an exception request is obtained per section 158.010(B);
(5) If required by Building or Fire Code, the wall(s) adjacent to the cultivation area shall be constructed with 5/8” Type X moisture resistant drywall;
(6) The medical cannabis cultivation area shall be in compliance with the current adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s));
(7) The cultivation of medical cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is cultivated, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes;
(8) Medical cannabis cultivation lighting shall not cumulatively exceed 1200 watts unless an exception request is obtained per section 158.010(B);
(9) All electrical equipment used in the cultivation of medical cannabis, (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation of medical cannabis is prohibited;
(10) Any electrical wiring/rewiring shall first require an electrical permit from the Building Department;
(11) The use of gas products (e.g., CO2, butane, etc.) for medical cannabis cultivation is prohibited unless an exception request is obtained per section 158.010(B); and
(12) From a public right of way, there shall be no exterior evidence of medical cannabis cultivation occurring at the property.
(B) The medical cannabis cultivation area may exceed the 50 square foot maximum per residence, up to a total of 100 square feet of cultivation area, or the standards in section 158.010(A)(4)(8) or (11) above may be modified, upon approval of an Exception Request issued by the Director of Community Development. An Exception Request shall not allow more than a total of 100 square feet per residence regardless if cultivated within the residence or an accessory
building.
(1) An application for an Exception Request shall include the following information
(a) Written permission from the property owner; (b) An application fee set by resolution of the City Council;
(c) Adequate information and documentation, such as a physician’s recommendation, or verification of more than one qualified patient living in the residence, to demonstrate why the cultivation area should be allowed to exceed 50 square feet;
(d) The specified location and size of the requested cannabis cultivation area not to exceed 100 square feet and not to exceed 10 feet in height;
(e) A materials storage, handling and disposal plan; and
(f) If the Exception Request includes a request to modify the standards prescribed in section 158.010(A)(4)(8) or (11), documentation and information shall be provided identifying which standards are proposed to be modified and why such modification would not detrimentally affect the use of the dwelling unit for its intended residential occupancy.
(2) If required by Building or Fire Code, the applicant shall make specified improvements to the residence with a Building Permit, if one is needed. Such improvements may include, but are not limited to, electrical system upgrades.
(3) The Director of Community Development in consultation with the Chief Building Official and Fire Marshal shall review the submitted application and determine if the specific circumstances warrant granting an Exception Request.
(4) The Exception Request shall become void, and the cannabis cultivation area in excess of 50 square feet shall be removed one year following the date on which the Exception Request was issued unless the Exception Request is renewed prior to expiration.
(C) Medical cannabis cultivation is prohibited as a Home Occupation. Medi al
cannabis cultivation shall not be considered a residential accessory use. No distribution of
medical cannabis cultivated for personal use shall be allowed.
§ 158.011 PROCESSING.
(A) A qualified patient shall be allowed to process medical cannabis cultivated within his/her private residence. The medical cannabis processing area shall not cumulatively exceed 20 square feet per residence. Processing of medical cannabis cultivated at the residence shall be in conformance with the following standards:
(1) Only medical cannabis cultivated at the residence in conformance with this chapter shall be allowed to be processed at the residence;
(2) The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Medical cannabis processing shall remain at all times secondary to the residential use of the property;
(3) The medical cannabis processing shall be in compliance with the current adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s));
(4) The use of gas products (e.g., CO2, butane, etc.) for medical cannabis processing is prohibited; and
(5) The processing of medical cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes.
(B) Medical cannabis processing is prohibited as a Home Occupation. Medical cannabis processing shall not be considered a residential accessory use. No sale or distributing of medical cannabis processed for personal use shall be allowed.
§ 158.012 DISTRIBUTING.
Medical cannabis cultivated or processed for personal use as provided for in this chapter shall not be distributed to any person, cooperative or collective unless specifically allowed under this chapter.
COOPERATIVES & COLLECTIVES - REQUIREMENTS & REGULATIONS
§ 158.020 OFFICES AND LABS
(A) Offices. Offices for a cooperative or collective at which no cultivation, processing, storage, handling or distributing of cannabis, in any form, occurs shall be allowed in any zoning district in which offices are allowed. Such offices shall be subject to all regulations and standards applicable to offices as prescribed in the Zoning regulations of the Eureka Municipal Code.
(B) Medical Research Labs and Testing Facilities. Medical cannabis research labs or medical cannabis testing facilities at which no cultivation, processing, or distribution of medical cannabis occurs shall be allowed in any zoning district in which laboratories or medical laboratories are permitted. Such facilities shall be subject to all regulations and standards applicable to labs or medical labs as prescribed in the Zoning Regulations of the Eureka Municipal Code.
§ 158.021 NUMBER OF FACILITIES.
(A) There shall be a maximum of four (4) cultivation/processing facilities permitted within city limits. Each of the cultivation/processing facilities shall be allowed one distribution facility located within city limits which may be located separate from or at the same site where the cultivation and processing occurs.
(B) A maximum of two distribution facilities not associated with any of the four permitted cultivation/processing facilities shall be allowed within city limits.
(C) Only those Collectives or Cooperatives invited by the City Council may submit an application for a conditional use permit. The City Council shall establish the process for the selection of the Collectives or Cooperatives to be invited to submit an application for a conditional use permit. The City Council may elect to invite fewer than the number described in section 158.021(A) and (B).
§ 158.022 CULTIVATION OR PROCESSING.
(A) A cultivation or processing facility which is (a) located on Broadway, 4th or 5th Streets and (b) is not on the same site as its associated medical cannabis distribution facility shall be inconspicuous and shall not draw attention to the use of the building as a medical cannabis cultivation or processing facility. A cultivation or processing facility located on the same site as its associated distribution facility shall comply with the requirements contained in section 158.023(B).
(B) Cultivation or processing facilities shall only be allowed upon the granting of a conditional use permit as prescribed in the Eureka Municipal Code. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a conditional use permit to operate a cultivation or processing facility for distribution.
(C) Research, testing, or other similar facilities that cultivate medical cannabis for distribution to patients or primary caregivers shall be considered, for the purpose of this chapter, a cultivation or processing facility and shall be subject to all applicable regulations and limitations for a cultivation or processing facility.
(D) In addition to the conditional use permit required under section 158.022(B), a cultivation or processing facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as prescribed in the Eureka Municipal Code.
(E) In addition to the application requirements specified for a conditional use permit, an application for a conditional use permit for a cultivation or processing facility shall include the following information:
(1) Authorization for the City, its agents and employees, to seek verification of the information contained within the application;
(2) Text and graphic materials showing the site and floor plan for the medical cannabis cultivation or processing facility including the use of each room or building on the premises. The material shall also describe or illustrate the location and uses of adjacent structures and properties;
(3) The equipment and methods employed in the cultivation or processing of the medical cannabis;
(4) How the cultivated and/or processed medical cannabis will be transported to the distribution facility and/or to qualified patients or primary caregivers;
(5) The hours and days of the week the medical cannabis cultivation or processing facility will be open;
(6) The number of persons, per shift, who will be working at the cultivation or processing facility;
(7) The security measures that will be employed at the premises, including but not limited to: lighting, alarms, and automatic law enforcement notification;
(8) The measures taken to minimize or offset energy use from the cultivation or processing of medical cannabis;
(9) The chemicals stored or used at the premises;
(10) The type and quantity of all effluent discharged into the City’s wastewater and/or stormwater system;
(11) The name, location and operator of the distribution facility(ies) for which the medical cannabis is being cultivated or processed; and
(12) Any other information required by the Director of Community Development relevant to the ordinance.
(F) Cultivation or processing facilities shall be subject to the following specific regulations:
(1) The cultivation area shall occur only within a self-contained structure that is in compliance with California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s));
(2) The cultivation or processing facility shall comply with stormwater, wastewater, and other applicable requirements of the City;
(3) The required number of off-street parking spaces shall be determined by the Planning Commission. The location of off-street parking shall be in compliance with the parking regulations prescribed in the Eureka Municipal Code;
(4) The on-site display of cannabis plants visible from the outside shall be prohibited, including live plants or graphic representations of the cannabis plant;
(5) There shall be no off-site signage advertising the medical cannabis facility;
(6) Signs shall not be larger than 6 square feet;
(7) Signs shall not be internally illuminated;
(8) There shall be no signage on the frontage of buildings facing Broadway, 4th or 5th Streets, or in front of buildings facing Broadway, 4th or 5th Streets;
(9) The display or sale of paraphernalia employed in the use or consumption of medical cannabis shall not be allowed at the cultivation or processing facility;
(10) Cultivation or processing facilities shall maintain all necessary permits, and pay all appropriate taxes;
(11) Cultivation or processing facilities shall provide invoices to vendors to ensure vendor’s tax liability responsibility;
(12) A cultivation or processing facility located off-site from its associated medical cannabis distribution facility shall not distribute medical cannabis from the cultivation or processing site unless permitted in the conditional use permit;
(13) The cultivation or processing of medical cannabis shall not adversely affect the health or safety of the employees, or the facility in which it is cultivated or processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes;
(14) There shall be no on-site use or consumption of medical cannabis unless specifically authorized in the conditional use permit;
(15) The processing of medical cannabis into foodstuffs and other edibles by cooking, baking, infusing, grinding, etc., shall comply with the provisions of all relevant local and State laws for the commercial preparation of food.
(16) The packaging of edibles and other similar products shall be nondescript
and shall not mimic, resemble or be representational of candy, cookies or other food products that might attract or entice children; and
(17) Medical cannabis cultivation or processing facilities shall comply with other conditions prescribed in the approved conditional use permit.
(G) The conditional use permit granted for a cultivation or processing facility may be suspended or revoked based on a finding that the facility has a history of multiple or any serious violations of this ordinance, or as otherwise prescribed for all other conditional use permits in the Eureka Municipal Code.
(H) The rights of an approved conditional use permit for a cultivation or processing facility shall be granted to the permittee at the specified location described in the conditional use permit. The conditional use permit for a cultivation or processing facility shall not be transferred to another permittee or to another location.
(I) The conditional use permit shall remain in effect as long as the specified cultivation or processing facility is in operation. A facility that ceases operation for one month or more shall be deemed abandoned and the conditional use permit shall terminate.
§ 158.023 DISTRIBUTING.
(A) Mobile distribution of medical cannabis, other than delivery services described and regulated by section 158.024, is prohibited within city limits.
(B) A medical cannabis distribution facility located on Broadway, 4th or 5th Streets shall not have a storefront or the patient entrance facing Broadway, 4th or 5th Streets.
(C) Medical cannabis distribution facilities shall only be allowed upon the granting of a conditional use permit as prescribed in the Eureka Municipal Code. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a conditional use permit to operate a medical cannabis distribution facility.
(D) In addition to the conditional use permit required under section 158.023(C), a distribution facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as prescribed in of the Eureka Municipal Code.
(E) In addition to the application requirements specified for a conditional use permit, an application for a conditional use permit for a distribution facility shall include the following information:
(1) Authorization for the City, its agents and employees, to seek verification of the information contained within the application;
(2) Text and graphic materials showing the site and floor plan for the distribution facility including the use of each room or building on the premises. The material shall also describe or illustrate the location and uses of adjacent structures and properties;
(3) The hours and days of the week the distribution facility will be open;
(4) The number of persons, per shift, who will be working at the distribution facility;
(5) The security measures that will be employed at the premises, including but not limited to: lighting, alarms, and automatic law enforcement notification;
(6) The chemicals stored or used at the premises;
(7) The type and quantity of all effluent discharged into the City’s wastewater and/or stormwater system;
(8) The name, location and operator of the cultivation or processing facility(ies)supplying the medical cannabis to the distribution facility;
(9) A detailed Operations Manual containing, at a minimum,
(a) The staff screening process including appropriate background checks;
(b) The process for tracking medical cannabis quantities and inventory controls;
(c) A description of the screening, registration and validation process for qualified patients;
(d) A description of qualified patient records acquisition and retention procedures; and
(e) The process for tracking medical cannabis quantities and inventory controls including on-site cultivation, processing, and/or medical cannabis products received from outside sources;
(10) A detailed Cannabis Safety Program, which includes at a minimum, the following,
(a) The process for documenting the chain of custody of all cannabis and cannabis products from farm to patient;
(b) The procedure and documentation process for assuring the safety and quality of all medical cannabis and medical cannabis products effective January 1, 2011, (including, but not limited to, testing for bacteria, mold, pesticides and other contaminants); and
(c) The procedure and documentation process for determining patient
dosage including testing for the major active agents in the medical cannabis effective January 1, 2011 (e.g., cannabinoids THC, CBD and CBN).
(11) Any other information required by the Director of Community Development that is relevant to the ordinance.
(F) Distribution facilities shall be subject to the following specific regulations:
(1) Distribution facilities associated with cultivation or processing facilities pursuant to §158.021 (A) shall only dispense cannabis cultivated and processed at the associated cultivation or processing facility. Any exceptions shall be confined to emergencies and start-up processes detailed in the conditional use permit for the facility.
(2) No distribution facility shall be located within 1000 feet of any existing park, playground, day care facility, school, or similar facility that primarily serves children under 18 years of age, either inside or outside the city limits;
(3) The distribution facility shall consist of a business form that satisfies state law to act cooperatively or collectively in the acquisition and distribution of medical cannabis;
(4) The distribution facility shall display the client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the distribution facility;
(5) Each building entrance to the distribution facility shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming medical cannabis on the premises or in the vicinity of the distribution facility is prohibited unless specifically authorized under the conditional use permit;
(6) Each building entrance to the distribution facility shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient and/or they are under the supervision of their parent or legal guardian;
(7) The distribution facility shall only distribute medical cannabis to a qualified patient who has a valid, verified physician’s recommendation, or the patient’s primary caregiver. The distribution facility shall verify that the physician’s recommendation is current and valid;
(8) The distribution facility shall not distribute medical cannabis to a qualified patient or primary caregiver more than twice a day;
(9) The distribution facility shall only permit the distribution of live plants, starts and clones as allowed by the approved conditional use permit. Such distribution shall be limited to qualified patients or primary caregivers;
(10) The on-site display of cannabis plants visible from the outside shall be prohibited, including live plants or graphic representations of the cannabis plant;
(11) There shall be no off-site signage advertising the medical cannabis facility;
(12) Signs shall not be larger than 6 square feet;
(13) Signs shall not be internally illuminated;
(14) There shall be no signage on the frontage of buildings facing Broadway, 4th or 5th Streets, or in front of buildings facing Broadway, 4th or 5th Streets;
(15) The display or sale of paraphernalia employed in the use or consumption of medical cannabis shall not be allowed at the distribution facility unless specifically prescribed in the approved conditional use permit;
(16) The required number of off-street parking spaces shall be determined by the Planning Commission. The location of off-street parking shall be in compliance with the parking regulations prescribed in the Eureka Municipal Code;
(17) Distribution facilities shall maintain all necessary permits, and pay all appropriate taxes;
(18) Distribution facilities shall provide invoices to vendors to ensure vendor’s tax liability responsibility;
(19) The distribution of medical cannabis shall not adversely affect the health or safety of the employees or the facility in which it is distributed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes;
(20) Each and every package or unit of medical cannabis, or medical cannabis product, distributed shall have a label or labels that state the following:
(a) The name of the patient;
(b) The name and contact information of the distributor;
(c) An identification and tracking number for the specific package or unit of medical cannabis, or medical cannabis product;
(d) The species or strain of the medical cannabis;
(e) Identification of the strength and dosage of the medical cannabis;
(f) A statement that the medical cannabis or medical cannabis product has been tested for safety and quality assurance and that the testing results, and chain of custody information is available by contacting the distributor;
(21) There shall be no on-site use or consumption of medical cannabis unless specifically authorized in the conditional use permit; and
(22) Distribution facilities shall comply with other conditions prescribed in the approved conditional use permit.
(G) In addition to the findings specified for a conditional use permit, the Planning Commission shall consider the following when deciding to approve a conditional use permit for a distribution facility:
(1) If the proposed distribution facility is within 300 feet of a residential zoning district either inside or outside the city limits, the potential impacts of the distribution facility on the residents and infrastructure of that district; and
(2) If the proposed distribution facility is within 1000 feet of any other distribution facility, either inside or outside the city limits, the cumulative impacts of the proposed distribution facility on the residents, businesses and infrastructure in the vicinity of the proposed distribution facility.
(H) The conditional use permit granted for a distribution facility may be suspended or revoked based on a finding that the facility has a history of multiple or any serious violations of this ordinance, or as otherwise prescribed for all other conditional use permits in the Eureka Municipal Code.
(I) The rights of an approved conditional use permit for a distribution facility shall be granted to the permittee at the specified location described in the conditional use permit. The conditional use permit for a distribution facility shall not be transferred to another permittee or to another location.
(J) The conditional use permit shall remain in effect as long as the specified distribution facility is in operation. A facility that ceases operation for one month or more shall be deemed abandoned and the conditional use permit shall terminate.
§ 158.024 DELIVERY SERVICES
(A) A medical cannabis delivery or transportation service that is associated with a permitted distribution facility located within city limits and for which delivery originates from the distribution facility shall only be allowed when the delivery service is described and included in the conditional use permit for the distribution facility.
(B) Delivery or transportation services originating from outside city limits and delivering medical cannabis within city limits shall only be allowed upon the granting of a Mobile Business License.
(C) Delivery or transportation services originating from within city limits, but not from a permitted distribution facility are prohibited.
§ 158.025 INSPECTION AND MONITORING
(A) The Community Development Department shall inspect each medical cannabis facility on or before January 31st of each calendar year to assure compliance with the approved conditional use permit. The Community Development Department inspector shall be granted access to all parts of the facility. All records kept pursuant to the approved conditional use permit shall be open for visual inspection.
(B) The permittee shall submit to the City on or before January 31st of each calendar year an annual inspection fee set by resolution of the City Council.
(C) If the permittee fails to submit the inspection fee, refuses inspection, or if the inspection finds that the facility is not being operated in compliance with the approved conditional use permit, the conditional use permit shall be subject to revocation pursuant to the provisions of section 155.294.
PERMITS
§ 158.030 FEES AND TAXES
The costs to the City arising from the processing and oversight of Exception Requests under section 158.010, subdivision (B) and permits for Cooperatives and Collectives and Distribution Facilities under sections 158.022 and 158.023, and the costs of monitoring and ensuring compliance with this Ordinance, will be offset through application fees and annual renewal fees, to be adopted by the City Council by Resolution and updated as necessary from time-to-time. In the administration of the permitting requirements under this Ordinance, the City Manager, or his designee, may require as a condition to granting and renewal of the permits any information reasonably necessary to implement the intent of this Ordinance, to ensure that the cannabis handled under the permit is grown, processed or distributed in a manner not in conflict with this Ordinance, and to ensure that any and all related sales taxes are being properly reported and paid.
§ 158.031 ENFORCEMENT
Any violation of this Ordinance is subject to administrative, civil, or criminal penalties, as set out in Eureka Municipal Code section 10.99, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This is an Ordinance adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations.
NON-MEDICAL USE – REQUIREMENTS & REGUATLIONS
§ 158.040 PERSONAL USE CULTIVATION, PROCESSING, AND DISTRIBUTING
The personal cultivation, processing and distributing of cannabis or marijuana for nonmedical purposes, to the extent provided by law, shall comply with the Use Requirements and Regulations prescribed in section 158.010 (CULTIVATION), section 158.011 (PROCESSING), and section 158.012 (DISTRIBUTING) contained in this chapter.