AN ORDINANCE
OF THE MARIN COUNTY BOARD OF SUPERVISORS
TO LICENSE MEDICAL CANNABIS DISPENSARIES IN UNINCORPORATED MARIN
COUNTY BY ADDING CHAPTER 6.85 MEDICAL CANNABIS DISPENSARIES TO THE MARIN COUNTY
CODE
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SECTION
I. FINDINGS
The Board of Supervisors of the County of Marin ordains as follows.
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The voters of the State of California approved
Proposition 215 (codified as Health and Safety Code Section 11362.5 et seq.)
entitled "The Compassionate Use Act of 1996" (Act). The intent of Proposition
215 was to enable persons residing in California who are in need of cannabis
for medical purposes to be able to obtain and use it without fear of criminal
prosecution under limited, specified circumstances.
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The State enacted SB 420 in 2004, being Sections
11362.7 et seq., of the Health and Safety Code, being identified as the
Medical Cannabis Program, (Program), to clarify the scope of the Compassionate
Use Act of 1996 and to allow cities, counties and other governing bodies to
adopt and enforce rules and regulations consistent with the Program.
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Ill. The California Medical Marijuana Regulation and Safety Act (CMMRSA) was
passed by the state legislature on September 11, 2015 and signed into law by
the Governor on October 9, 2015. The Marin County Cannabis Dispensary
Ordinance is intended to serve as a program in conjunction with implementation
of the CMMRSA.
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IV To protect the public health, safety, and welfare, it is the desire of the
Board of Supervisors to modify the Marin County Code consistent with the
Program, regarding the location and operation of medical cannabis dispensaries
and to meet the medical needs of those residing in the county.
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It is the Board of Supervisor's intention that
nothing in this chapter shall be deemed to conflict with federal law as
contained in the Controlled Substances Act, 21 U.S.C. Section 841, to
otherwise permit any activity that is lawfully and constitutionally prohibited
under that Act Nothing in this chapter is intended to grant immunity from
criminal prosecution under Federal law. This ordinance does not protect users,
caregivers, or the owners of properties from Federal prosecution, or from
having their property seized by Federal authorities under the Federal Control
Substances Act.
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It is the Board of Supervisor's intention that
nothing in this chapter shall be construed to (1) allow persons to engage in
conduct that endangers others or causes a public nuisance; (2) allow the use
of cannabis for nonmedical purposes; or (3) allow any activity relating to the
cultivation, distribution, or consumption of cannabis that is otherwise
illegal.
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Pursuant to California Health and Safety Code
Section 11362.71 et seq., the State Department of Health through the county's
Department of Health and Human Services, is to be responsible for establishing
and maintaining a voluntary medical cannabis identification card program for
qualified patients and primary caregivers.
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California Health and Safety Code Section
11362.71(b) requires every county health department, or its designee, to
implement a procedure to accept and process applications from those seeking to
join the identification program in the matters set forth in Section 11362.71
et seq.
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This chapter is found to be
categorically exempt from environmental review pursuant to CEQA Guidelines
Section 15061(b) (3) in that the Board of Supervisors finds and determines
that there is nothing in this chapter or its implementation that could
foreseeably have any significant effect on the environment.
SECTION II. ACTION
NOW, THEREFORE, BE IT RESOLVED that the Marin County Board of Supervisors hereby
adopts Ordinance No. 3639 and adds Chapter 6.85 Medical Cannabis Dispensaries to
the Marin County Code, consisting of Exhibit "A" to Marin County Ordinance No.
3639.
SECTION Ill:
EFFECTIVE DATE
This ordinance shall be and is hereby declared to be in full force and effect as
of sixty (60) days from and after the date of its passage and shall be published
before the expiration of fifteen (15) days after its passage, with the names of
the supervisors voting for and against the same in the INDEPENDENT JOURNAL, a
newspaper of general circulation published in the County of Marin.
SECTION IV:
VOTE
Introduced at a regular meeting of the Board of Supervisors held on the
1oth day of November 2015, and adopted by the Board of
Supervisors of the County of Marin, State of California, on the 8th day of
December, 2015, by the following vote to wit:
AYES: SUPERVISORS Judy Arnold, Steve Kinsey, Damon Connolly, Kathrin Sears,
Katie Rice
NOES: ABSENT:
NONE NONE
,,-:,__ntiZ:11At7n _
KATIE RICE, PRESIDENT
MARIN COUNTY BOARD OF SUPERVISORS
ATTEST: , :/ t:J ,
· ·c1 k ---
EXHIBIT "A" TO MARIN COUNTY ORDINANCE NO. 3639
Marin County Code Chapter 6.85 Medical Cannabis Dispensaries Section: 6.85.010
Findings.
Section: 6.85.011 Purpose and intent.
It is the purpose and intent of this chapter to regulate medical cannabis
dispensaries in order to promote the health, safety, and general welfare of
residents and businesses within the County. It is neither the intent nor the
effect of this chapter to condone or legitimize the use of cannabis.
Section: 6.85.020 Definitions.
For the purpose of this chapter, the following words and phrases shall mean:
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"Applicant" means a person who is
required to file an application for a license under this chapter, including an
individual owner, managing partner, or agent of a dispensary.
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"County" means the County of Marin.
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"County Administrator" means the County
Administrator of the County of Marin or the authorized representative thereof.
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"Dispensary License" means the
authority granted by the County of Marin to a Dispensary Licensee to dispense
medical cannabis as a medication, and is limited to the Dispensary Licensee,
and not the land.
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"Dispensary Licensee" means the person
(1) to whom a dispensary license is issued and (2) who is identified in
California Health and Safety Code Section 11362.7, subdivision (c) or (d), or
(e) or (f).
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"Drug paraphernalia" shall have the
same definition as California Health and Safety Code Section 11362.5, and as
may be amended.
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"Identification card" shall have the
same definition as California Health and Safety Code Section 11362.5 et seq.,
and as may be amended.
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"Medical
cann:ibis dispensary_,0 hereinaft dispensary,"
shall be construed to include_ any association, cooperative, affiliation, or
collective of persons where multiple ciuaCified patients_and/or primary
care givers, are organized to provide education, referral, or network
services, and facilitation or assistance in the lawful, retail distribution of
medical cannabis. "Dispensary" means any facility or location where the
primary purpose is to dispense medical cannabis (i.e., marijuana) as a
medication that has been recommended by a physician and where medical cannabis
is made available to and/or distributed by or to two or more of the following:
a primary caregiver and/or a qualified patient, in strict accordance with
California Health and Safety Code Section 11362.5 et seq. A dispensary shall
not include dispensing by primary caregivers to qualified patients in the
following locations and uses, as long as the location of such uses are
otherwise regulated by this Code or applicable law: a clinic licensed pursuant
to Chapter 1 of Division 2 of the Health and Safety Code, a health care
facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code, a residential care facility for persons with chronic life-threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and
Safety Code, residential care facility for the elderly licensed pursuant to
Chapter 3.2 of Division 2 of the Health and Safety Code, a residential
hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2
of the Health and Safety Code, as long as any such use complies strictly with
applicable law including, but not limited to, Health and Safety Code Section
11362.5 et seq., or a qualified patient's or caregiver's place of residence.
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"Medical cannabis patient collective," hereinafter
"patient collective," shall be defined the same as "dispensary," but does not
operate in a "retail" capacity. As such, "patient collectives" are exempt from
the provisions of this chapter.
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"Person" means any individual, partnership,
co-partnership, firm, association, joint stock company, corporation, limited
liability company or combination of the above in whatever form or character.
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"Person with an identification card" shall have
the same definition as set forth in California Health and Safety Code Section
11362.5 et seq., and as they may be amended from time to time.
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"Primary caregiver" shall have the same definition
as set forth in California Health and Safety Code Section 11362.5 et seq., and
as may be amended.
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"Qualified patient" shall have the same definition
as set forth California Health and Safety Code Section 11362.5 et seq., and as
they may be amended from time to time.
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"Review authority" refers to the County
Administrator who is designated by this ordinance as having the responsibility
and authority to review, approve or deny Dispensary licenses.
(0) "School" means an institution of learning for minors,
whether public or private, offering a regular course of instruction required by
the California Education Code. This definition includes an elementary school,
middle or junior high school, senior high school, or any special institution of
education, but it does not include a vocational or professional institution of
higher education, including the College of Marin and any other college or
university.
(N) "Youth-oriented facility" means a public park with play lots, playgrounds,
athletic fields, and other amenities that are intended for use by minors or
where the individuals who regularly use the facility are predominantly minors.
Section: 6.85.030 Dispensary license required to operate.
It is unlawful for any person to engage in, conduct or carry on, or to permit to
be engaged in, conducted or carried on, in or upon any premises in the County
the operation of a dispensary unless the person first obtains and continues to
maintain in full force and effect a dispensary license from the County as
required in this chapter.
Section: 6.85.031 Term of licenses and renewals required.
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Licenses issued under this chapter shall expire
two years following the date of their issuance, and renewable after January 1,
2018 subject to compliance with the California Medical Marijuana Regulation
and Safety Act (CMMRSA).
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Licenses may be renewed by the County
Administrator for additional periods of at least one year in length upon
application by the licensee, unless the license is suspended or revoked in
accordance with the provisions of this chapter or if the application for
renewal fails to comply with the provisions of this chapter.
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Applications for renewal shall be made at least 45
days before the expiration date of the license and shall be accompanied by the
nonrefundable application fee referenced herein. Applications for renewal
shall be acted on as provided herein for action upon applications for permits.
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Applications for renewal made less than 45 days
before the annual expiration date shall not stay the expiration date of the
license.
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Licenses may be revoked or suspended by
the County Administrator or Board of Supervisors at any time, as provided in
this chapter and the County Code.
Section:
6.85.032 General tax liability.
An operator of a dispensary shall also be required to apply for and obtain a
general County tax certificate or exemption as a prerequisite to obtaining a
license pursuant to the terms hereof, as required by the State Board of
Equalization.
Section: 6.85.033 Imposition of fees.
Every application for a license shall be accompanied by a nonrefundable fee, as
established by resolution of the Board of Supervisors from time to time. This
application fee shall not include fingerprinting, photographing, and background
check costs and shall be in addition to any other business license fee or
license fee imposed by this code or other governmental agencies. The fee shall
be sufficient to cover the full cost borne by the County to administer the
Dispensary Licensing program and all responsibilities established in this
Chapter. Fingerprinting, photographing, and background check fees will be as
established by resolution adopted by the Board of Supervisors from time to time.
Section: 6.85.040 Limitations on number of dispensaries.
(A) Up to two (2) Dispensary Licenses may be issued in each of the two (2)
License Zones defined below, for a total of up to four (4) Dispensary Licenses
in the unincorporated areas of Marin County, and on file in the Community
Development Agency.
Zone A (Highway 101 Corridor): Unincorporated areas in the Countywide Plan's
City-Centered Corridor.
Zone B (Central/West Marin): Unincorporated areas in the
Countywide Plan's Inland Rural and Coastal Corridors.
Section: 6.85.041 Limitation on location of dispensary.
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A dispensary may only be located within
commercial designated areas of the County's general plan (Countywide Plan) and
more specifically within the following zoning districts: C1, CP, C-CP, VCR,
and C-VCR. In addition to the Dispensary License, the applicant shall obtain
all land use permits required by the zoning district and comply with all
applicable County ordinances.
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A dispensary shall be in a highly
visible location that provides good views of the dispensary entrance, windows
and premises from the public street.
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A dispensary shall not be allowed in
the following areas at the time of its permitted establishment:
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Within 800 feet of a youth-oriented
facility, a school, a smoke-shop which sells paraphernalia for consuming
drug or tobacco products, or another dispensary; or
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Within any residential zoned parcel,
or any property with an underlying residential or mobile homes general plan
land use designation.
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The distance between a dispensary and above listed
uses shall be made in a straight line from the boundary line of the property
on which the dispensary is located to the boundary of the property on which
the building or structure in which the above listed use occurs or is located.
Section:
6.85.042 Operating requirements.
Dispensary operations shall be established and managed only in compliance with
the following standards:
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Criminal History. Any applicant, his or her agent
or employees, or any person exercising managerial authority of a dispensary on
behalf of the applicant shall not have been convicted of a felony, or of a
misdemeanor involving moral turpitude, or engaged in misconduct related to the
qualifications, functions or duties of a licensee. A conviction within the
meaning of this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere.
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Minors.
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It is unlawful for any licensee, operator, or
other person in charge of any dispensary to employ any person who is not at
least 18 years of age.
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Persons under the age of 18 shall not be allowed
on the premises of a dispensary unless they are a qualified patient or a
primary caregiver and they are in the presence of their parent or guardian.
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The entrance to a dispensary shall be clearly
and legibly posted with a notice indicating that person under the age of 18
are precluded from entering the premises unless they are a qualified patient
or a primary caregiver and they are in the presence of their parent or
guardian.
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Operating Hours. Dispensaries may operate between
the hours of 9:00 a.m. to 9:00 p.m. up to seven days per week unless the
reviewing authority imposes more restrictive hours due to specific
considerations for a particular location. The basis for any restriction on
hours shall be specified in any license issued.
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Dispensary Size and Access.
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Dispensary size shall be limited, as deemed
appropriate and necessary, to best serve patient needs within the intent of
this chapter and reduce potential adverse impacts that might otherwise occur
on surrounding neighborhoods, businesses and demands on County services. The
County may limit the number of patients at a particular location if there is
shown to be adverse impacts to the surrounding neighborhoods, businesses and
demands on County services due to the number of patients being served.
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A dispensary shall not be physically increased
in size (i.e., floor area or buildings utilized) without a prior approval
amending the existing dispensary license.
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The entrance into the dispensary shall be locked
at all times with entry strictly controlled; e.g., a buzz-in
electronic/mechanical entry system is required. A viewer shall be installed
in the door that allows maximum angle of view of the exterior entrance.
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Security personnel shall be employed to monitor
site activity, control loitering and site access.
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Only dispensary staff, primary caregivers,
qualified patients and persons with bona fide purposes for visiting the site
shall be permitted at a dispensary.
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Potential patients or caregivers shall not visit
a dispensary without first having obtained a valid written recommendation
from their physician recommending use of medical cannabis.
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Only a primary caregiver and
qualified patient shall be permitted in the designated dispensing area with
dispensary personnel. All other authorized visitors shall remain in the
designated waiting area in the front entrance/lobby.
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Dispensary Supply. A dispensary may
possess no more than eight ounces of dried cannabis per qualified patient or
primary caregiver, and maintain no more than six mature or 12 immature
cannabis plants per qualified patient or primary caregiver. However, if a
qualified patient or primary caregiver has a physician's recommendation that
this quantity does not meet the qualified patient's medical needs, the
dispensary may possess an amount of cannabis consistent with the patient's
needs.
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Dispensing Operations.
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A dispensary shall dispense medical
cannabis to meet monthly medication needs of qualified patients, similar to
typical pharmacy operations. The dispensary shall strongly discourage daily
or weekly visits by patients as a routine practice. The dispensary may offer
incidental services, such as delivery of medical cannabis to members who are
qualified members and testing of cannabis for potency, molds, fungi, and
other contaminants.
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A dispensary shall only dispense to
qualified patients or caregivers with a currently valid physician's approval
or recommendation in compliance with the criteria in California Health and
Safety Code Section 11362.5 et seq.
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Prior to dispensing medical cannabis,
the dispensary shall obtain and maintain verification from the recommending
physician that the individual requesting medical cannabis is a qualified
patient.
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A dispensary shall not have a
physician on-site to evaluate patients and provide a recommendation for
medical cannabis.
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Patient records shall be maintained
on-site and verified as needed, which is determined to be at least every 12
months or upon expiration of the verification on file if it expires sooner
than 12 months with the qualifying patient's physician or doctor of
osteopathy.
(6)-IRformation-on-prior years'--operations, including_the results
oLindependent finandaLaudjts confirming compliance with the requirements of
this section, shall be provided annually to the review authority, as
required in this chapter. The operator shall adjust the operations as
necessary to address issues.
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Consumption Restrictions.
Cannabis shall not be consumed on the premises of the dispensary by any member
of the public, including a qualified patient. The term "premises" includes the
actual building, as well as any accessory structures, parking areas, or other
surroundings within 200 feet of the dispensary's entrance. Dispensary
employees who are qualified patients may consume cannabis within the enclosed
areas of the building in designated spaces outside the presence of members of
the public and provided that such consumption is by vaporization or oral
consumption and not smoking.
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Retail Sales and Cultivation
Prohibited.
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No cannabis shall be cultivated on
the premises of the dispensary, except in compliance with Health and Safety
Code Section 11362.5 et seq.
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Except as provided in subsection (3)
below, no dispensary shall conduct or engage in the commercial sale of any
product, good or service. The term "commercial sale" does not include the
provision of medical cannabis on terms and conditions consistent with this
chapter and applicable law.
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No dispensary shall sell or display any drug
paraphernalia or any implement that may be used to administer medical
cannabis unless specifically authorized in its license. An applicant may
request that up to 150 square feet be authorized to display or sell devices
for administration of medical cannabis which may only be sold to qualified
patients or primary caregivers or to sell other related products to
qualified patients if the sale of such products is a use approved by the
County Administrator to be in compliance with the County's zoning code and
any other applicable state or local regulations.
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A dispensary shall not cultivate, distribute or
sell medical cannabis for a profit.
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A dispensary shall not pay any supplier(s) of
medical cannabis more than the costs incurred for cultivation and
preparation.
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A dispensary shall meet all the operating
criteria for the dispensing of medical cannabis as is required pursuant to
California Health and Safety Code Section 11362.5 et seq.
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Operating Plans.
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Floor Plan. A dispensary shall have a lobby
waiting area at the entrance to receive clients, and a separate and secure
designated area for dispensing medical cannabis to qualified patients or
designated caregivers. The primary entrance shall be located and maintained
clear of barriers, landscaping and similar obstructions so that it is
clearly visible from public streets, sidewalks or site driveways.
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Storage. A dispensary shall have a suitable
locked safe on premises, identified as a part of the security plan, for
after-hours storage of medical cannabis.
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Minimum Staffing Levels. The premises shall be
staffed with at least one person during hours of operation who shall not be
responsible for dispensing medical cannabis.
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Odor Control. A dispensary shall have an air
treatment system that ensures off-site odors shall not result.
(Sr security Plans: A dispensary shall provide adequate
security-on the premises;-as approved by the County Administrator, including
lighting and alarms, to insure the safety of persons and to protect the premises
from theft.
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Security Cameras. Security surveillance cameras
shall be installed to monitor all entrances and exterior of the premises to
discourage loitering, crime, illegal or nuisance activities.
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Security Video Retention. Security video shall be
maintained for 7 days.
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Alarm System. A professionally monitored robbery
alarm system shall be installed and maintained in good working condition.
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Emergency Contact. A dispensary shall provide the
County Administrator with the name, phone number and facsimile number of an
on-site community relations staff person to whom one can provide notice if
there are operating problems associated with the dispensary. The dispensary
shall make every good faith effort to encourage neighborhood residents to call
this person to try to solve operating problems, if any, before any calls or
complaints are made to the County.
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Signage and Notices.
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The building entrance to a dispensary shall be
clearly and legibly posted with a notice indicating that smoking, ingesting
or consuming cannabis on the premises or in the vicinity of the dispensary
is prohibited.
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Signs on the premises shall not obstruct the
entrance or windows.
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Address identification shall comply
with County Code and Fire Department illuminated address signs bulletin.
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Business identification signage shall
be approved in accordance with the County's sign permit process and any
other applicable ordinances with the additional requirement that signs shall
not contain any logos or information that identifies, advertises or lists
the specific products or services offered by the dispensary.
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Employee Records. Each owner or
operator of a dispensary shall maintain a current register of the names of all
employees currently employed by the dispensary, and shall disclose such
registration for inspection by any County officer or official for purposes of
determining compliance with the requirements of this section.
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Patient Records. A dispensary shall
maintain records of all patients and primary caregivers using only the
identification card number issued by the county, or its agent, pursuant to
California Health and Safety Code Section 11362.71 et seq., as a protection of
the confidentiality of the cardholders, or a copy of the written
recommendation from a physician or doctor of osteopathy stating the need for
medical cannabis.
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Staff Training. Dispensary staff shall
receive appropriate training for their intended duties to ensure understanding
of rules and procedures regarding dispensing in compliance with state and
local law, and properly trained or professionally-hired security personnel.
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Site Management.
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The operator of the establishment
shall take all reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, alleys
and areas surrounding the premises and adjacent properties during business
hours if directly related to the patrons of the subject dispensary.
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"Reasonable steps" shall include
calling the sheriff in a timely manner; and requesting those engaging in
objectionable activities to cease those activities, unless personal safety
would be threatened in making the request.
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"Nuisance" includes but is not
limited to disturbances of peace, open public consumption of
cannabis
or alcohol, excessive pedestrian or vehicular traffic, illegal drug
activity, harassment of passerby, excessive littering, excessive
loitering, illegal parking, excessive loud noises, especially late at
night or early in the morning hours, lewd conduct or police/sheriff
detentions and arrests.
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The operator shall take all
reasonable steps to reduce loitering in public areas, sidewalks, alleys and
areas surrounding the premises and adjacent properties during business
hours.
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The operator shall ensure that the
hours of operation shall not be a detriment to the surrounding area.
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The operator shall provide patients
with a list of the rules and regulations governing medical cannabis use and
consumption within the County and recommendations on sensible cannabis
etiquette.
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Trash, Litter, Graffiti.
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The operator shall clear the sidewalks
adjoining the premises plus 10 feet beyond property lines along the street as
well as any parking lots under the control of the operator as needed to
control litter, debris and trash.
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The operator shall remove all graffiti
from the premises and parking lots under the control of the operator within 72
hours of its application.
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Compliance with Other Requirements. The operator
shall comply with all provisions of all local, state or federal laws,
regulations or orders, as well as any condition imposed on any permits issued
pursuant to applicable laws, regulations or orders.
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Confidentiality. The information provided for
purposes of this section shall be maintained by the County Administrator as
confidential information, and shall not be disclosed as public records unless
pursuant to a writ of mandate or subpoena issued by a court of competent
jurisdiction.
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Display of License. Every dispensary shall display
at all times during business hours the license issued pursuant to the
provisions of this chapter for such dispensary in a conspicuous place so that
the same may be readily seen by all persons entering the dispensary.
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Reporting and Payment of Fees. Each licensee shall
file a sworn statement with the County Administrator indicating the number of
patients served by the dispensary within the previous calendar year.
Section: 6.85.050 Application preparation and filing.
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Application Filing. A complete application
submittal packet shall be submitted including all necessary fees and all other
information and materials required by the County and this chapter. All
applications for licenses shall be filed with the County Administrator, using
forms provided by the County, within the filing period that is established by
the County Administrator, and which may be extended from time to time. It is
the responsibility of the applicant to provide information required for
approval of the license. The application shall be made under penalty of
perjury.
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Eligibility for Filing. Applications may only be
filed by the owner of the subject property, or person with a written
authorization from the owner to file an application for the intended use.
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Filing Date. The filing date of any application
shall be the date when the County receives the last submission of information
or materials required in compliance with the submittal requirements specified
herein.
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Effect ofincomplete Filing.
lJpon notification tha!an application subrniltal is incomplete, the
applicant
shall be granted an extension of time to submit all materials required to
complete the application within 30 days. If the application remains incomplete
in excess of 30 days the application shall be deemed withdrawn and new
application submittal shall be required in order to proceed with the subject
request, unless an extension. The time period for granting or denying a
license shall be stayed during the period in which the applicant is granted an
extension of time.
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Effect of Other Permits or Licenses. The fact that
an applicant possesses other types of state or County permits or licenses does
not exempt the applicant from the requirement of obtaining a Dispensary
License.
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Submittal Requirements. Any application for a
license shall include the following information.
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Applicant(s) Name. The full name (including any
current or prior aliases, or other legal names the applicant is or has been
known by, including maiden names), present address, and telephone number of
the applicant;
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Applicant(s) Mailing Address. The address to
which notice of action on the application is to be mailed;
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Previous Addresses. Previous addresses for the
past five years immediately prior to the present address of the applicant;
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Verification of Age. Written proof that the
applicant is over the age of 18 years of age;
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Physical Description. Applicant's height,
weight, color of eyes and hair;
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Photographs. Passport quality
photographs for identification purposes;
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Employment History. All business,
occupation, or employment of the applicant for the five years immediately
preceding the date of the application;
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Tax History. The dispensary business
tax history of the applicant, including whether such person, in previously
operating in this or another city, county or state under license has had a
business license revoked or suspended, the reason therefor, and the business
or activity or occupation subsequent to such action of suspension or
revocation;
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Management Information. The name or
names and addresses of the person or persons having the management or
supervision of applicant's business;
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Criminal Background. A background
investigation verifying whether the person or person having the management
or supervision of applicant's business has been convicted of a crime(s), the
nature of such offense (s), and the sentence(s) received therefore;
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Employee Information. Number of
employees, volunteers, and other persons who will work at the dispensary;
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Statement of Dispensary Need. A
statement and/or information to establish the need for the additional
dispensary to serve qualified patients in the area;
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Plan of Operations. A plan of
operations describing how the dispensary will operate consistent with the
intent of State law and the provisions of this chapter, including but not
limited to:
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Ensuring cannabis is not purchased
or sold by the dispensary in a manner that would generate a profit.
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Controls that will assure medical
cannabis will be dispensed to qualifying patients or caregivers only.
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Controls that will ensure
limitations on number of patients are adhered to.
(g) Controls _that
will __ensure access to dispensary premises is adequately monitored
and restricted to pre-approved qualified patients and caregivers.
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(e) Method for ensuring that a qualified patient's physician is not
recommending cannabis for less than medically appropriate reasons;
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Written Project Description. A
written description summarizing the proposed dispensary use size, number of
patients, characteristics and intent;
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Written Response to Dispensary
Standards. The applicant shall provide a comprehensive written response
identifying how the dispensary plan complies with the each of the standards
for review in this chapter, specifically the limitation on number and size,
limitation on location, and operating requirements sections;
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Written Response to Criteria for
Review Section. The applicant shall provide a written response indicating
how each of the criteria for review has been satisfied;
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Security Plan. A detailed security
plan outlining the proposed security arrangements for insuring the safety of
persons and to protect the premises from theft. The plan shall include
installation of security cameras, a robbery alarm system monitored by a
licensed operator, and a security assessment of the site conducted by a
qualified professional;
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Floor Plan. A sketch or diagram showing the
interior configuration of the premises, including a statement of the total
floor area occupied by the dispensary. The sketch or diagram need not be
professionally prepared, but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of
plus or minus six inches;
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Site Plan. A sketch or diagram showing exterior
configuration of the premises, including the outline of all structures,
parking and landscape areas, and property boundaries. The sketch or diagram
need not be professionally prepared, but must be drawn to a designated scale
or drawn with marked dimensions to an accuracy of plus or minus six inches;
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Neighborhood Context Map. An accurate
straight-line drawing depicting the building and the portion thereof to be
occupied by the dispensary, all properties and uses within 800 feet of the
boundaries of the property on which the dispensary permit is requested, and:
(a) the property line of any dispensary within 800 feet of the primary
entrance of the dispensary for which a license is requested, (b) the
property line of any "smoke shop" within 800 feet of the primary entrance of
the dispensary, and (c) the property lines of any school, park, or
residential zone or use within 800 feet of the primary entrance of the
dispensary;
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Lighting Plan. A lighting plan showing existing
and proposed exterior premises and interior lighting levels that would be
the minimum necessary to provide adequate security lighting for the use;
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County Authorization. Written authorization for
the County, its agents and employees to seek verification of the information
contained within the application and to enter the property to inspect the
premises, conduct monitoring, and process the application;
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Statement of Owners Consent. A statement in
writing by the applicant that he or she certifies under penalty of perjury
that the applicant has the consent of the property owner and landlord to
operate a dispensary at the location;
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Applicants Certification. A statement in writing
by theapplicant that he or she certifies under penalty of perjury that all
the information contained in the application is true and correct;
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Other Information. Such other identification and
information as deemed necessary by the County Administrator to demonstrate
compliance with this chapter and County Codes, including operating
requirements established in this chapter.
Section:
6.85.060 Authority and responsibilities of review authority
The review authority shall have the following authority and responsibilities:
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To perform all of the functions designated by this
ordinance;
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To review, approve, conditionally approve, renew,
or deny Dispensary License applications in compliance with this ordinance;
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To delegate the responsibilities of the review
authority to staff in the Community Development Agency; and
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To perform any other responsibilities assigned by
the Board of Supervisors.
Section: 6.85.061 Criteria for review.
The review authority shall consider the following criteria in determining
whether to grant or deny a dispensary license:
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That the dispensary license is
consistent with the intent of Proposition 215 and related State law, the
provisions of this chapter and the County Code, including the application
submittal and operating requirements herein.
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That the dispensary location is not
identified as having significant crime issues (e.g., based upon crime
reporting district/statistics as maintained by the Sheriff).
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That there have not been significant
numbers of calls for police service, crimes or arrests in the area or to an
existing dispensary location.
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That an applicant or employee is not
under 18 years of age.
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That all required application
materials have been provided and/or the dispensary has operated successfully
in a manner that shows it would comply with the operating requirements and
standards specified in this chapter.
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That all required application fees
have been paid and reporting requirements have been satisfied in a timely
manner.
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That an appropriate limit on size of
the dispensary has been established and the requested license is in
compliance with the provisions of this chapter and any other applicable
State or local ordinance.
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That the location is not prohibited
by the provisions of this chapter or any local or state law, statute, rule
or regulation and no significant nuisance issues or problems are anticipated
or resulted.
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That the site plan, floor plan, and
security plan have incorporated features necessary to assist in reducing
potential crime-related problems and as specified in the operating
requirements section. These features may include, but are not limited to,
security on-site; procedure for allowing entry; openness to surveillance and
control of the premises; the perimeter, and surrounding properties;
reduction of opportunities for congregating and obstructing public ways and
neighboring property;
illumination _oLexterior areas; and_Jimiting fumisJ1Jogs
and features thg(encourage loiteringand nuisance
behavior.
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That no dispensary use, owner,
licensee, agent, or employee has violated any provision of this chapter
including grounds for suspension, modification or revocation of a license.
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That all reasonable measures have
been incorporated into the plan and/or consistently taken to successfully
control the establishment's patrons' conduct resulting in disturbances,
vandalism, crowd control inside or outside the premises, traffic control
problems, ingesting cannabis in public, or creation of a public or private
nuisance, or interference of the operation of another business.
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That the dispensary would not
adversely affect the health, peace or safety of persons living or working in
the surrounding area, overly burden a specific neighborhood with special
needs or high impact uses, or contribute to a public nuisance; or that the
dispensary has resulted in repeated nuisance activities including
disturbances of the peace, illegal drug activity, ingesting cannabis in
public, harassment of passerby, excessive littering, excessive loitering,
illegal parking, excessive loud noises, especially late at night or early in
the morning hours, lewd conduct, or police detentions or arrests.
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That any provision of the County Code
or condition imposed by a County issued license, or any provision of any
other local, State or Federal law, regulation, or order, or any condition
imposed by licenses issues in compliance with those laws has not been
violated.
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That the applicant has not violated
any local or State law, statute, rule or regulation respecting the
distribution, possession, or consumption of cannabis.
(0) That the applicant has not knowingly made a false statement of material
fact or has knowingly omitted to state a material fact in the application for
a license.
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That the applicant, his or her agent or
employees, or any person who is exercising managerial authority on behalf of
the applicant has not been convicted of a felony, or of a misdemeanor
involving moral turpitude, or has engaged in misconduct related to the
qualifications, functions or duties of a licensee. A conviction within the
meaning of this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere.
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That the applicant has not engaged in unlawful,
fraudulent, unfair, or deceptive business acts or practices.
Section:
6.85.062 Investigation and action on application.
After the making and filing of a complete application for the Dispensary
License and the payment of the fees, the County Administrator shall conduct a
background check of the applicant and all employees and conduct an
investigation of the application, and take action as follows:
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The County Administrator shall refer the
application to any other County departments as necessary to complete his or
her investigation into the application. The County Administrator may appoint
a committee comprised of representatives of County departments that is
responsible for reviewing license applications and making an advisory
recommendation to the County Administrator on the merit of each application.
The committee may also include representatives with knowledge and expertise
in areas related to medical cannabis, including, but not limited to,
familiarity with California law, the Attorney General's guidelines on
Medicinal Cannabis, security, and financial management. The committee shall
conduct at least one public workshop to receive testimony about the license
applications before making the advisory recommendation to the County
Administrator.
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Within 90 days after
receipt of a completed application, the County Administrator shall either
grant or deny !tie application in accordance with-Uie
provisions of this chapter. -
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In approving a Dispensary License, the County
Administrator may impose conditions, restrictions or require revisions to
the proposal to comply with the purpose and intent of this chapter. The
applicant is responsible for paying a financial deposit to cover all costs
incurred by the County in the
administration of the Dispensary License, including condition compliance
review, and investigation of complaints.
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The County Administrator shall cause a written
notice of his or her decision to issue or deny a license to be mailed to the
applicant by U.S. mail.
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Notwithstanding the provisions of this section,
the County Administrator, in his or her discretion, may refer an application
for a license to the Board of Supervisors for a decision within
90 days after the receipt of a completed
application.
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That all required application fees have been
paid and reporting requirements have been satisfied in a timely manner.
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Section: 6.85.063 Appeal from County
Administrator's determination.
Section: 6.85.063 Appeal from County Administrator's
determination.
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An applicant aggrieved by the
County Administrator's decision to issue, deny, or renew a license may
appeal such decision to the Board of Supervisors by filing a written
notice stating all grounds on which the appeal is based and paying
applicable appeal fee with the Clerk of the Board of Supervisors
within 10 business days of the County
Administrator's written notice of decision. If an appeal is not taken
within such time, the County Administrator's decision shall be final.
-
The Board of Supervisors shall
consider the appeal within 90 days of the date of filing the appeal.
The Clerk of the board shall give 10 days'
notice to the person filing the appeal of the time and place of the
meeting scheduled on the appeal by serving notice personally or by
depositing it in the United States post office at San Rafael,
California, postage prepaid, addressed as shown on the appeal papers.
The Board of Supervisors shall have the authority to determine all
questions raised on such appeal. No such determination shall conflict
with any substantive provision of this chapter.
Section: 6.85.064 Effect of revocation.
When the County Administrator shall have revoked any license provided for in
this chapter and the time for appeal to the Board of Supervisors shall have
elapsed, or, if after appeal to the Board of supervisors, the decision of
the County Administrator has been affirmed by the Board of Supervisors, no
new application for a license shall be accepted from the applicant and no
such license shall be issued to such person or to any corporation in which
he shall have any beneficial interest for a period of three years after the
action revoking the license.
Section: 6.85.065 Suspension and revocation.
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Any license issued under the terms
of this chapter may be suspended or revoked by the County
Adm111Tstrato·r-or Board--ofSupervisors for cause incluc:!111-g
but notlTmited to;-vlolation-ofany of the requirements or provisions of
this chapter including the criteria for review and operating requirements
sections, or conflicts with State law.
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Except as otherwise provided in
this chapter, no license shall be revoked or suspended by virtue of this
section until written notice of the intent to consider revocation or
suspension of the license has been served upon the person to whom the
license was granted at least 10 days prior to the
date set for such review. Such notice shall contain a brief statement of
the grounds to be relied upon for revoking or suspending such license.
Notice may be given either by personal delivery to the person to be
notified, or by depositing it in the U.S. mail in a sealed envelope,
postage prepaid, return receipt requested, addressed to the person to be
notified at his/her address as it appears in his/her application for a
license.
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If any person holding a license or
acting under the authority of such license under this chapter is convicted
of a public offense in any court for the violation of any law which
relates to his or her license, the County Administrator may revoke such
license forthwith without any further action thereof, other than giving
notice of revocation to the licensee.
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The licensee may appeal the County
Administrator's decision to suspend or revoke the license to the Board of
Supervisors by filing a written notice stating all grounds on which the
appeal is based and paying applicable appeal fee with the Clerk of the
Board of Supervisors within 10 business days of the County Administrator's
written notice of decision. If an appeal is not taken within such time,
the County Administrator's decision shall be final.
-
The Board of Supervisors shall consider the
appeal within 90 days of the date of filing the appeal. The Clerk of the
board shall give 10 days' notice to the person filing the appeal of the
time and place of the meeting scheduled on the appeal by serving notice
personally or by depositing it in the United States post office at San
Rafael, California, postage prepaid, addressed as shown on the appeal
papers. The Board of Supervisors shall have the authority to determine all
questions raised on such appeal. No such determination shall conflict with
any substantive provision of this chapter.
Section: 6.85.066 Transfer of Licenses.
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A licensee shall not operate a dispensary
under the authority of a dispensary permit at any place other than the
address of the dispensary stated in the application for the permit
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A licensee shall not transfer ownership or
control of a dispensary or transfer a dispensary permit to another
person unless and until the transferee obtains an amendment to the
permit from the County Administrator stating that the transferee is now
the licensee. Such an amendment may be obtained only if the transferee
files an application with the County Administrator in accordance with
this all provisions of this chapter accompanied by a transfer fee in an
amount set by resolution of the Board of Supervisors, and the County
Administrator determines in accordance this chapter that the transferee
would be entitled to the issuance of an original permit
-
No license may be transferred when the
County Administrator has notified the licensee that the
- -
license has been or maybesuspended or revoked. -
-
Any attempt to transfer a license either
directly or indirectly in violation of this section is declared void,
and the license shall be deemed revoked.
Section:
6.85.070 Violations.
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It is unlawful for any person, individual,
partnership, co-partnership, firm, association, joint stock company,
corporation, limited liability company or combination of the above in
whatever form or character to violate any provision or fail to comply
with any of the requirements of this chapter.
-
A violation of this chapter shall be
punished in accordance with the County Code.
Section:
6.85.071 Remedies cumulative.
All remedies prescribed under this chapter shall be cumulative and the use
of one or more remedies by the County shall not bar the use of any other
remedy for the purpose of enforcing the provisions hereof.
Section: 6.85.072 Separate offense for each day.
Any person that violates any provision of this chapter shall be guilty of
a separate offense for each and every day during any portion of which any
such person commits, continues, permits, or causes a violation thereof,
and shall be penalized accordingly.
Section: 6.85.073 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of
the provisions of this chapter shall be and is declared a public nuisance
and may be summarily abated by the County.
Section: 6.85.074 Criminal penalties.
Any person who violates, causes, or permits another person to violate any
provision of this chapter commits a misdemeanor.
Section: 6.85.075 Civil injunction.
The violation of any provision of this chapter shall be and is declared to
be contrary to the public interest and shall, at the discretion of County
Administrator, create a cause of action for injunctive relief.
Section: 6.85.076 Administrative remedies.
In addition to the civil remedies and criminal penalties set forth above,
any person that violates the provisions of this chapter may be subject to
administrative remedies as set forth by the Marin County Code,----- ----
Section: 6.85.077 Severability.
The provisions of this chapter are declared to be severable. If any
provision, clause, word, sentence, or paragraph of this chapter or the
application thereof to any person, establishment, or circumstances shall
be held invalid, such invalidity shall not affect the other provisions of
this chapter.
Section: 6.85.078 Judicial review.
Judicial
review of a decision made under this chapter may be had by filing a
petition for a writ of mandate with the Superior Court in accordance with
the provisions of the California Code of Civil Procedure Section 1094.5.
Any such petition shall be filed within 90 days after the day the decision
becomes final as provided in California Code of Civil Procedure Section
1094.6 which shall be applicable for such actions.
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