ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D1
Prepared by: John Conley, City Manager Meeting Date: August 27, 2024 Approved by: John Conley, City Manager Agenda Location: Discussion SUBJECT: CANNABIS DISPENSARY HOURS OF OPERATION AND SPECIAL EVENTS ON CITY
PROPERTY
RECOMMENDATION: Discuss hours of operation for cannabis dispensaries operating within the City and cannabis related special events on City property and provide direction to staff.
CORRELATION TO CITY COUNCIL GOALS: Economic Development PRIOR ACTION: On May 28, 2024, adopted Ordinance 2024-6, amending Chapter 8.12 of the Vista Municipal Code and Chapter 18.76 of the Vista Development Code relating to temporary cannabis events (Vote: 5-0).
On March 12, 2024, discussed cannabis related special events on private property and directed staff to brin back a policy to allow for indoor and outdoor cannabis related events on private property (Vote: 4-0, O’Donnell absent).
STATEMENT ON THE SUBJECT: Councilmember Green requested the City Manager place an item on a future agenda to discuss hours of operation for adult-use cannabis dispensaries and cannabis related special events on City property.
There are currently ten retail cannabis dispensaries operating within Vista, which are regulated under Municipal Code chapters 5.94, “Medical Cannabis Dispensaries” and 5.95, “Commercial Adult Use Cannabis Businesses.” Both chapters currently limit the permissible hours of operation for retail cannabis dispensaries from 9:00AM to 10:00PM. The 9:00AM to 10:00PM hours were established by the citizens via a voter initiative referred to as Measure Z. The commercial adult use hours currently mirror the hours established for medicinal cannabis per Measure Z.
The State of California Department of Cannabis Control (DCC) permits retail cannabis dispensaries to operate from 6:00AM to 10:00PM, at the discretion on the city. The hours of operation established for medical cannabis dispensaries in Municipal Code Chapter 5.94, Medical Cannabis Dispensaries, were the result of Measure Z and cannot be amended without voter approval. However, the hours of operation established for adult-use cannabis dispensaries in Municipal Code Chapter 5.95 may be amended with a majority vote of the City Council. Councilmember Green has suggested adult-use cannabis hours of 7:00AM to 10:00PM. It should be noted that, if the hours of operation for adult-use cannabis dispensaries are amended to allow opening at 7:00AM, only adult-use cannabis would be permissible for sale during the period from 7:00AM to 9:00AM, after which both medical and adult-use cannabis could be sold until AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Directed staff to bring back ordinances expanding retail cannabis dispensary hours of operation from 6:00 am - 10:00 pm and cannabis related special events on City property.
Vote: 5-0
MEETING DATE: AUGUST 27, 2024 PAGE 2
SUBJECT: CANNABIS DISPENSARY HOURS OF OPERATION AND SPECIAL EVENTS ON CITY
PROPERTY
10:00PM. Any adjustments to the hours of operation for adult-use cannabis dispensaries would require a public hearing to amend the Municipal Code.
On May 28, 2024 the City Council adopted Ordinance 2024-6 amending Vista Municipal Code 8.12 and Vista Development Code Chapter 18.76 to establish regulations for permitting cannabis events (which may include consumption) on private property while ensuring compatibility with adjacent uses and protecting health, safety and general welfare of participants and the overall community. In addition to conforming to all City requirements, special events must follow DCC regulations. In accordance with DCC regulations, a temporary cannabis event “may only be held at a…or another venue expressly approved by a local jurisdiction of the purpose of holding a temporary cannabis event.” Councilmember Green has requested a discussion on allowing cannabis-related events (which may include consumption) on City property. The Vista Municipal Code and/or Development Code would need to be amended to allow for cannabis-related events to occur on City property; such amendments would require a public hearing.
FISCAL IMPACT: There is no direct fiscal impact associated with this discussion item.
EXHIBITS:
1.Municipal Code, Chapter 5.94, Medical Cannabis Dispensaries
2.Municipal Code, Chapter 5.95, Commercial Adult-Use Cannabis Businesses
3.Ordinance 2024-6 amending Chapter 8.12 of the Vista Municipal Code and Chapter 18.76 of the Vista Development Code relating to temporary cannabis events
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Vista Municipal Code
Chapter 5.94
Medical Cannabis Dispensaries
Sections:
5.94.010 Purpose and Intent
5.94.020 Operation Prohibited Without Permit
5.94.030 Definitions
5.94.040 Registration Required and Effect Thereof
5.94.050 Applications for Medical Cannabis Dispensary Business License
5.94.060 Registration Application Form, Manner, Timing, and Priority Order
5.94.070 Issuance and Renewal of Registration
5.94.080 General Operating Standards and Restrictions
5.94.090 Location Restrictions and Limitations
5.94.100 Transferability of Medial Cannabis Business License and Certificate of Occupancy
5.94.110 Violations and Penalties
5.94.120 Appeals
5.94.130 Prohibited Operations and Nonconforming Use
5.94.140 Taxes
5.94.143 Tax Reporting, Remittance, Penalization, and Administration Rules
5.94.147 Coordination of Tax Provisions of Chapters 5.94 and 7.10
5.94.150 Severability
5.94.160 Consistency with Statewide Regulation of Cannabis
5.94.170 Amendments and Administration
Section 5.94. 010 Purpose and Intent
The purpose of this chapter is to establish a comprehensive set of regulations with attendant regulatory permits applicable to the operation of medical cannabis dispensaries. The regulations are intended to ensure such operations are consistent with the overall health, welfare and safety of the city and its populace, and that such operations are in compliance with California's Compassionate Use Act of 1996 as well as California's Medical Marijuana Program Act of 2003. Furthermore, the purpose of this chapter is to establish a framework for regulation consistent with the Medical Marijuana Regulation and Safety Act of 2015 as drafted, and also any future regulations contemplated by the Bureau of Medical Marijuana, Department of Consumer Affairs, the Department of Health and Safety, the Department of Agriculture, or any other governmental agency in its promulgation of rules and laws pertaining to commercial cannabis activities throughout the State of California.
This chapter is not intended to permit activities that are otherwise illegal under state or local law. This chapter is not intended to conflict with federal or state law.
Measure Z, Added, 12/11/18)
Section 5.94. 020 Operation Prohibited Without Permit
It shall be unlawful to own, establish, operate, use, or permit the establishment or operation of a medical cannabis dispensary, or to participate as an employee, contractor, agent, volunteer, or in any manner or capacity other than as provided in this chapter. The general prohibition contained in this section shall include renting, leasing, or otherwise permitting a medical cannabis business to occupy or use a location, vehicle, or other mode of transportation.
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Measure Z, Added, 12/11/18)
Section 5.94.030 Definitions
The following definitions shall apply to this chapter unless the context clearly denotes otherwise:
Applicant" means a person or legal entity who is required to file an application for a license under this chapter.
Attorney General Guidelines" shall refer to the California Attorney General Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use, issued by the Attorney General's Office in August 2008, as amended from time to time, which sets regulations intended to ensure the security and non-diversion of Cannabis grown for medical use by qualified patients or primary caregivers.
Business Licensing Division" as used in this Chapter is defined to mean the department within the City that reviews, issues, and manages business licenses.
Cannabis Business" or "Commercial Cannabis Business" shall have the meaning assigned to the term "commercial cannabis activity" by Section 26001 of the Title XVI of the California Code of Regulations.
Cannabis Dispensing Room" means the location in a medical cannabis dispensary where medical cannabis is stored and dispensed to qualified patients as opposed to a lobby area within the dispensary.
City" means the city of Vista.
Collectives" and "Cooperatives" when referring to medical cannabis organizations, both mean associations of qualified patients or primary care givers who associate, as an incorporated or unincorporated association, to collectively or cooperatively cultivate, process, and distribute medical cannabis for use exclusively by their registered members, in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.
Concentrated Cannabis" shall have the same definition as given such term in California Health and Safety Code § 11006.5, as may be amended, and which defines Concentrated Cannabis" as the separated resin, whether crude or purified, obtained from Cannabis.
Edible" shall have the same definition as set forth in Health and Safety Code Section 113781, until such time that MMRSA or the Department of Public Health sets forth a new definition.
Gross Sales" shall have the same meaning as is given to the term "Gross Receipts" pursuant to Section 7.10.020 of the Vista Municipal Code.
Identification card" has the same definition as set forth in Health and Safety Code section 11362.7.
Location" means any parcel of land, whether vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area.
Live scan" means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the city council.
Marijuana" has the same definition as set forth in the Health and Safety Code section 11018, and includes cannabis.
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Medical Cannabis" means marijuana or cannabis used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code section 11362.5) and the Medical Marijuana Program Act (Health and Safety Code sections 11362.7 et seq.).
Qualified member" means either a qualified patient, a person with an identification card, or a primary caregiver who has joined the collective.
Notice of Completed Registration" means a written notice to an applicant for collective or cooperative registration issued by the City as a ministerial duty indicating that the application is complete and accurate.
Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
Person or entity engaged in the operation of a commercial cannabis business" means a registered business commencing, conducting, operating, or managing a cannabis business and the exercise of corporate or franchise powers, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities.
A person shall be deemed engaged in business within the City if:
1. Such person or person's employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;
2. Such person or person's employee owns or leases real property within the City for business purposes;
3. Such person or person's employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business;
4. Such person or person's employee regularly conducts solicitation of business within the City; and
5. Such person or person's employee performs work or renders services in the City.
The foregoing specified activities shall not be a limitation on the meaning of "engaged in business."
Person with an identification card" has the same definition as set forth in Health and Safety Code section 11362.7, and as may be amended, and which provides that "Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article [being Article 2.5 of Chapter 6 of Division 10 of the Health and Safety Code].
Physician's referral" means a written recommendation for a patient from a licensed medical doctor indicating that Cannabis would be a beneficial treatment for a serious medical condition of the patient.
Qualified Patient" has the same definition as set forth in Health and Safety Code section 11362.7(f).
Reasonable Compensation" means compensation commensurate with wages and benefits paid to officers and employees of other not-for-profit organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of hours worked, including without limitation, the proportionate cost of cultivation, materials, time, experience, and other expenditures reasonably related to the cultivation, transportation, treatment, and storage of medical Cannabis.
Registered business" means a person which is included on a registration list maintained by the City in accordance with Chapter 5.94 of the Vista Municipal Code, until such time that the registration expires.
Registration list" means the list of registered medical cannabis collective and cooperative maintained by the City.
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School" means any pre-existing public or private school with students in any grade K-
12. Tax administrator" means the Director of Finance of the City of Vista, the Director of Finance's designee(s), or any other City officer charged with the administration of the provisions of this Chapter.
Measure Z, Added, 12/11/18; Ord. No. 19-09, Amended, 6/25/19) Section 5.94.040 Registration Required and Effect Thereof Nothing in this Article shall be construed to grant any registrant any status or right other than the right to be identified on the City's registration list, and to receive a Notice of Completed Registration, a Certificate of Occupancy, and a gross receipts business license, and the right to assert an affirmative defense to administrative, civil, and criminal enforcement of the City of Vista Municipal Code based on conduct in compliance with this Article and with California law.
A duly registered medical cannabis business, its members, officers, directors, managers, employees, and volunteers, shall not be subject to administrative, civil, or criminal sanctions based on the City of Vista Municipal Code solely on the basis of conduct in compliance with this Article and with California law.
Measure Z, Added, 12/11/18)
Section 5.94.050 Applications for Medical Cannabis Dispensary Business License A. The owner, operator, or agent of a proposed medical cannabis business or dispensary shall file an application with the City or its designee upon a form provided by the City and shall pay a filing fee as established by resolution adopted by the City Council as amended from time to time. Additionally, Applicants shall be required to deposit into a trust account held by the City of Vista, the amount of one hundred thousand dollars ($100,000.00), as an initial showing of the resources available to Applicant for any fees, improvements to the building/structure, or any other costs associated with the application process, including fees incurred by the City in its evaluation of the application.
B. Each application for a medical cannabis business or dispensary business license shall be submitted to, and as directed by the City on forms of his or her devising, in the name of each applicant for registration, and shall be signed by each applicant or an authorized agent thereof. The application shall include the following information:
1.A written request to be registered and placed on the medical cannabis business registration list.
2. The name, mailing address, and telephone number of the applicant.
3. The business name and street address for which registration is sought, as well as any other names under which the business may operate.
4. Address of the location where the medical cannabis business will be located.
5.Proof that the applicant owns or currently leases the property. If the property is being leased, rented or purchased under contract, a copy of such contract or fully executed lease must be submitted with the application.
6.If the property is being rented or leased, the applicant must submit a signed and notarized authorization acknowledging that the current owner of the property is aware of the intended use as a medical cannabis business and consents to such use.
7.A site plan describing the property with fully dimensioned interior and exterior floor plans including: electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the Americans with Disabilities Act. Any improvements or alterations to the property that require building permits must be submitted to the Building and Safety Division separately for review/approval.
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8.Exterior photographs of the entrance(s), exit(s), street frontage(s), parking, front and rear side(s) of the property.
9.Photographs depicting the entire interior of the proposed property.
10. If the medical cannabis business/collective is a non-profit corporation, a certified copy of the Collective's Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information.
11. If the medical cannabis business or collective is an unincorporated association, a copy of the Articles of Association must be provided.
12. A one-page description of the business and its plans for security and non- diversion of medical cannabis.
13. A copy of the Medical Cannabis operating standards with a statement dated and signed by the responsible party on-site stating under the penalty of perjury, that they read, understand, and shall ensure compliance with the aforementioned operating standards.
14. Applicant(s) must not have suffered any felony drug convictions within the last 4 years. This may be evidenced by a "live-scan" completed within 60 days of the filing of the application showing no felony drug convictions within the last 4 years.
15. Documentation that the business is located in a zone allowed by this Chapter and documentation indicating that the business conforms with the appropriate buffer zones described in this Chapter.
16. Applicant's business must have been in existence for a minimum of six 6) contiguous months prior to the issuance of a business license under this Article.
17. Applicant must have a current Board of Equalization Seller's Permit that has been in existence for a minimum of six (6) contiguous months prior to the issuance of a business license under this Article.
18. A security plan including the following measures:
a.Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 30 days of digitally recorded documentation.
b.The business space shall be alarmed with a centrally monitored fire and burglar alarm system, and monitored by an alarm company.
C.Entrance to the dispensing area or "medication room" and any storage areas shall be locked at all times, and under the control of employees. d.Interior Lighting. The premises within which the medical cannabis business is operated shall be equipped with and, at all times during which is open to the public or any portion thereof, shall remain illuminated with overhead lighting fixtures of sufficient intensity to illuminate every place to which members of the public or portions thereof are permitted access with an illumination of not less than two foot-candles as measured at the floor level.
e.Exterior Lighting. The exterior of the premises upon which the medical cannabis business is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than one foot-candle as measured at the ground level, including, but not limited to, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas. f.All windows on the building that houses the dispensary shall be appropriately secured and all cannabis securely stored, and a reliable, commercial alarm system shall be installed and maintained.
19. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
Measure Z, Added, 12/11/18)
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Section 5.94.060 Registration Application Form, Manner, Timing, and Priority Order A. The City shall, within 15 calendar days of the date of the adoption of this Article, create registration application forms and instructions that strictly require only the information required pursuant to Sec. 5.94. 50 of this Article, and shall begin accepting applications on a published date within 30 calendar days of the date of the adoption of this Article.
B. At least seven calendar days prior to the date the City will begin accepting applications for registration, the City shall publish, on the City's website and once in a daily newspaper of general circulation, the date, time, and manner on and in which the medical cannabis businesses must submit registration application forms and the required fee, and shall make publicly available those forms and instructions at City Hall and on the City's website.
C. Each applicant shall deposit into a trust account held by the City of Vista, the amount of one hundred thousand dollars ($100,000) to be used in the application process and to ensure the applicant's ability to pay for various security and compliance measures as determined by the City throughout the application process.
D.As each applicant submits its registration application and fee pursuant to this Article, the City shall time-stamp the application with the date and time received. Seven calendar days after the date the City begins accepting applications, the City shall stop accepting applications and shall that day establish a priority list that identifies by name, address, date and time the order in which the applications were received. The City shall rank the applications in the order in which they are first filed. The City shall process each application according to its rank. An applicant may only be assigned one place on the priority list, and multiple submissions will result in immediate disqualification from the registration process.
E. Within seven calendar days of establishing the priority list, the City shall publish the priority list on the City's website and once in the local daily newspaper of general circulation.
F. The order set forth in the priority list shall remain in effect until all applicants on the priority list have either been issued a medical marijuana business license, or have been determined to not qualify, at which time, should the number of current valid registrations fall below that established by Sec. 5.94.90 of this Article, a new date and time will be set for submission of the additional applications following the process set forth herein, but not more frequently than once every 180 days.
G. Following establishment of the priority list, the City shall begin processing, as ministerial duty, the registration applications for medical cannabis businesses in the order established by the priority list. The City shall continue processing the applications until the maximum number of medical cannabis businesses registrations have been issued a Notice of Completed Registration and placed on the registration list. This processing shall consist of verification of the information required by Sec. 5.94.50 as complete and accurate.
H. No medical cannabis business' rank on the priority list shall be assigned, transferred, or sold. Any attempt to assign, transfer, or sell a priority ranking shall render the application null and void. Any person, collective, or cooperative attempting to assign, sell, or transfer a priority ranking or any person, collective, or cooperative attempting to acquire a priority ranking outside the provisions set forth herein shall be immediately disqualified from the registration process for three years.
Measure Z, Added, 12/11/18)
Section 5.94. 070 Issuance and Renewal of Registration
A. Upon receipt of an application for registration, the City shall, as a ministerial duty, complete the processing and issue a Notice of Completed Registration and place the applicant on the registration list within 30 calendar days, to be tolled if, and only if, requested by the applicant to allow processing time unless:
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1.The application is incomplete or inaccurate; or
2.The applicant has failed to provide information reasonably necessary for processing the registration application or has knowingly answered an application question or request for information falsely; or
3.The application seeks registration for a medical cannabis business that is located within 1000 feet of a school, as herein defined, or is not located in an allowable zone or outside the required buffer zones listed in this Article; or
4.The Applicant does not possess a California State Board of Equalization Seller's Permit or License to Sell Nursery Stock has been granted for the applicant; or
5.An applicant is a licensed physician actively making patient recommendations
B. If the City fails to either issue a Notice of Completed Registration or deny the application for registration in writing stating the reasons for denial, within 30 calendar days of receipt of the application, the registration shall be deemed complete, the Notice of Completed Registration deemed issued, and the medical cannabis business deemed to be on the registration list, and thus deemed eligible for a Certificate of Occupancy and business license as below.
C. Once all available Notices of Completed Registration are issued or deemed issued, no applications will be accepted or considered until such time as additional Notices of Completed Registration are available. When additional Notices of Completed Registration become available, applications will then be taken and will be considered as provided herein upon the timely filing of a new application therefrom.
D. Registration shall be valid for two years and an application for renewal must be filed not later than 30 calendar days prior to the expiration of the registration, but no earlier than 60 calendar days prior to the expiration of the registration. A registration may be renewed every two years by submitting an application for renewal to the City.
E. Once an applicant has been issued a Completed Registration, the applicant may not be charged with violation of 5.94.020 or 5.94.110, unless or until such time that the application is deemed to have not qualified for a medical cannabis business license.
F. Once issued a Notice of Completed Registration and placed on the registration list, the collective or business shall be eligible for a Certificate of Occupancy, which shall be issued upon completion of all standard building and fire inspections, including all parking requirements as are determined by Section 5.94.080 of this code. If the Certificate of Occupancy is not issued, or denied in a writing stating the grounds upon which it is denied, it shall be denied.
G. Once issued its Certificate of Occupancy, a medical cannabis business shall be eligible for a business license that shall be issued as a ministerial duty immediately upon application.
H. The City shall not require a medical cannabis business to obtain any special use or conditional use permit other than is required in Sec. 5.94.50 above. This provision is included to meet the requirements and concerns expressed by the California Court of Appeal in Pack v.
Superior Court (2011). City officials will not be required to violate any Federal criminal statute.
No special site plan, variance, or any other permit or certificate other than those specified in this Ordinance, shall be required by the City and none shall be issued for said collectives, cooperatives, and businesses. The City shall issue, as a ministerial duty, Notices of Completed Registration, Certificates of Occupancy, and business licenses to qualified cannabis businesses in priority order as received and processed.
Measure Z, Added, 12/11/18)
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Section 5.94.080 General Operating Standards and Restrictions A medical cannabis dispensary shall operate in conformance with the following minimum standards, and such standards shall be deemed to be part of the conditions of approval on the permit for a medical cannabis business to ensure that its operation is in compliance with California law, the Attorney General Guidelines, the Medical Marijuana Regulation and Safety Act, and the Vista Municipal Code, and to mitigate any potential adverse impacts of the medical cannabis business on the public health, safety or welfare.
A. Security
1.At least one (1) security guard, armed or unarmed, who is licensed by the State of California shall be present at the location of the medical cannabis business during all business hours. The security guard shall only be engaged in activities related to providing security for the medical cannabis business, except on an incidental basis. Each security guard shall possess a "Security Guard Card" at all times.
2.Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 30 days of digitally recorded documentation.
3.The location of the medical cannabis business shall be alarmed with a centrally monitored fire and burglar alarm system, and monitored by an alarm company.
B. Records
1.Medical cannabis dispensary shall maintain records reflecting:
a.The full name, address, and telephone number(s) of the owner and/or lessee of the property.
b.The full name, address, and telephone number(s) of all employees.
C.Results of annual live scans of all employees.
d.The state issued identification card number of all members to whom the medical cannabis business provides medical Cannabis. If a member does not have a state issued identification card, then the medical cannabis dispensary shall assign the member a unique identifying number for the use of the medical cannabis business, and maintain a written copy of the physician's referral for the member. e.A copy of the medical cannabis dispensary's commercial general liability insurance policy and all other insurance policies related to the operation of the medical cannabis dispensary.
f. Proof of a valid and current permit issued by the city in accordance with this chapter. Every medical cannabis dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter in a conspicuous place so that it may be readily seen by all persons entering the location of the medical cannabis dispensary.
C. Employees
1.A medical cannabis dispensary shall not have any employees, operators, or volunteers who have suffered a conviction for a felony offense having occurred within the past four (4) years. This requirement shall be confirmed through the results of a live scan being conducted annually by the medical cannabis business on all employees, the written results of such live scans being maintained at the location of the medical cannabis dispensary.
2.All employees must have a current and valid recommendation or California Issued Medical Marijuana Card.
3.Employee Work Permits.
a.No person shall be employed at, or volunteer at, a medical cannabis dispensary licensed under this Chapter without receiving a valid medical dispensary employee work permit issued by the City to such person. An employer may pay the employee
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for the time needed to make such application, but no work at the medical cannabis dispensary shall occur until that application is made and a permit issued. b. The application for a permit shall be made on a form provided by the City and pursuant to regulations issued by the City Manager pursuant to this Section and Section 5.94.170.
C.Upon applying for a work permit it shall be the prospective employee's responsibility to immediately complete the Department of Justice Request for Live Scan Service form provided to the prospective employee by the City and to have the Live Scan conducted at and by a designated and authorized entity that will report the results to the City of Vista.
d.Upon receipt of the Live Scan results the City shall approve or deny the application and so notify the prospective employee and the prospective employer. e.The medical cannabis dispensary employee permit, if approved, shall state on its face the name of the person to whom it is granted, and the expiration date. f The City Manager is authorized to promulgate such regulations as may be necessary or convenient to implement this Section.
D. Volume
A medical cannabis dispensary may dispense, store or transport medical Cannabis in aggregate amounts tied to its members' needs. To that end a medical cannabis dispensary shall ensure compliance with state law limits on amount of dried Cannabis and amount of Cannabis plants allowed per qualified patients and persons with identification cards and/or primary caregivers.
E. No Recommendations On-site
A medical cannabis dispensary shall not have a physician or an attending physician at the location of the medical cannabis business to evaluate patients or provide a recommendation for medical Cannabis.
F.Notification
The following signs in measurements of not less than eight (8) by ten (10) inches shall be clearly and legibly posted in a conspicuous location inside the medical cannabis business where they will be visible to members in the normal course of a transaction, stating:
1.Use of medical Cannabis shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical Cannabis is a crime and can lead to arrest."
2.Loitering on and around the collective site is prohibited by California Penal Code § 647(e) and patrons must immediately leave the site and not consume medical Cannabis in the vicinity of the collective or on the property or in the parking lot."
3.Forgery of medical documents is a crime."
4.Patrons may be subject to prosecution under the federal marijuana laws."
5.Use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery."
6.Smoking, ingesting or consuming marijuana anywhere on the premises is strictly prohibited."
7.Minors are prohibited from entering this property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian."
8.All Medical Cannabis has been tested by an independent testing agency for content, mold, pesticides, and other harmful contaminants." G. No Alcohol
Any Medical cannabis dispensary shall not hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a
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business that sells alcoholic beverages on site and there shall be no alcohol consumption on site.
H. Quality control
In accordance with the provisions set forth in the Medical Marijuana Regulation and Safety Act, all Medical Marijuana shall be analyzed in representative samples of all strains that are to be distributed to members of the dispensary. The representative samples shall be analyzed by an independent laboratory, holding a state license for testing (if and when such is available) for harmful pesticides, molds, and other contaminants. Any medical cannabis from which the representative sample tested positive for a harmful pesticide or other contaminant at a level that exceeds the local, state or federal regulatory or statutory standards shall be destroyed forthwith and not dispensed to members or qualified patients.
I. Labeling
1.Any medical cannabis provided to members shall be properly labeled.
2.A distinct and clearly legible label must be affixed onto all medical cannabis items provided by a medical cannabis business which states:
a.This item contains medical cannabis.
b.Warning that the item is a medication and not a food.
C.Warning that the item is to be kept away from children d.Warning if nuts or other known allergens are used.
e.Date of manufacture.
f.Any other or further labeling as may be made a requirement by the Bureau of Medical Marijuana, Department of Health and Safety, or any other State or Federal agency.
3.Any edible cannabis product that is made to resemble a typical food product (i.e. brownie, cake) must be in a properly labeled opaque (non see-through) package before it leaves the medical cannabis business.
J.Edibles
All medical cannabis edibles shall comply with the California Sherman Food, Drug, and Cosmetic Law, as codified in section 109875, et seq. of Part 5 of Division 104 of the Health and Safety Code, and as amended from time to time. Further minimum requirements for all medical cannabis edibles include:
1.No edible medical marijuana products requiring refrigeration or hot holding shall be manufactured for sale or distribution at a medical marijuana business, due to the potential for food-borne illness. Baked medicinal products (i.e. brownies, bars, cookies, cakes), tinctures and other non-refrigerated type items are acceptable for manufacture and sale at a medical cannabis business.
2.Any such other or further requirements as propagated by the Bureau of Medical Marijuana or the Department of Public Health.
K. Signage
1.Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Vista Municipal Code.
2.Business identification signage shall comply with the appropriate sign requirements with the applicable zoning district.
L.Employee Training
All employees of a medical cannabis business shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding maintaining compliance by the operation with State and local law.
M. Supply
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Each Medical Marijuana Dispensary shall acquire its medical marijuana from a state and locally licensed distributor, once the same is available. If no such licensed distributor exists, the Dispensary shall acquire its medical marijuana from its members.
N. Operating Hours for Medical Marijuana Dispensary The maximum hours of operation for a medical marijuana dispensary shall be daily from 9:00 a.m. to 10:00 p.m.
O. Use Restrictions
Smoking, ingesting or consuming marijuana by customers at the location of the medical cannabis dispensary is prohibited.
P. No Minors
No one under 18 years of age shall be permitted to enter establishment, unless such person is a qualified patient and is accompanied by his or her Primary Caregiver, licensed Attending Physician, parent(s) or documented legal guardian.
Q. Odors
A medical cannabis dispensary shall have an air treatment system that ensures offsite odors shall not result from its operations. This requirement at a minimum means that the medical cannabis dispensary shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the medical cannabis dispensary is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the medical cannabis business, if the use only occupies a portion of a building.
R. Insurance
A medical cannabis dispensary shall carry with minimal coverage provided of comprehensive commercial general liability insurance and comprehensive automotive liability insurance (if automobiles are used by the medical cannabis business for any purpose) protecting the medical cannabis business in an amount of not less than one million dollars 1,000, 000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than one million dollars ($1,000, 000.00) aggregate for each personal injury liability, products liability and each accident.
S. Site management
The medical cannabis dispensary permit holder shall make available to members who are dispensed medical marijuana a list of the rules and regulations governing medical marijuana use and consumption within the city and recommendations on sensible medical marijuana etiquette.
T.Parking
Each medical cannabis dispensary shall have at least one (1) dedicated parking space for every 1,000 square feet of the permitted building. The medical cannabis dispensary must also have shared access to at least one (1) handicap accessible parking space.
Measure Z, Added, 12/11/18; Ord. No. 2019-13, Amended, 10/22/19) Section 5.94. 090 Location Restrictions and Limitations A. The maximum number of medical cannabis businesses shall be limited to one medical cannabis business per 10,000 (or fraction thereof) residents of the City, as determined by the last Federal Census or as determined by the latest population estimate by the Department of Finance of the State of California whichever is higher and in no case less than six (6) shall be registered by the City if there are that many eligible applicants. The City Council may increase, but not decrease, the number of medical cannabis businesses registered in the City under the formula above which shall be the maximum number registered unless raised by the City Council.
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B. Medical cannabis businesses may only be located in a C-1 zone (Commercial), C-2 zone (Commercial), C-3 zone (Commercial), RLI zone (Research Light Industrial), M U Zone (Mixed Use), I-P (Industrial Park), or M-1 zone (Light Manufacturing) as designated of the Vista Municipal Code. Medical cannabis businesses are explicitly prohibited in the residential zones: R-1, R-1-B, and R-M.
C. Medical cannabis businesses are prohibited within six hundred (600') feet of a pre-existing public or private K-12 school pursuant to Health and Safety Code Section 11362.768.
D. Medical cannabis businesses are prohibited within five hundred (500') feet of any other permitted medical cannabis dispensary. The distance is measured from front door to front door, without regard to intervening structures.
E. Medical cannabis businesses are prohibited from operating out of a residence or dwelling as defined by Section 18.02.270 of this Code.
F.Unless otherwise provided, all distances specified in this Section shall be measured in a straight line, without regard to intervening structures, from the front door of the medical cannabis business to the nearest property line of those uses described herein.
Measure Z, Added, 12/11/18)
Section 5.94.100 Transferability of Medial Cannabis Business License and Certificate of Occupancy
Notwithstanding any other provision of the Vista Municipal Code, a medical cannabis business license and/or certificate of occupancy is transferable only if transferee successfully completes all of the requirements that a new applicant would otherwise need to meet.
Measure Z, Added, 12/11/18)
Section 5.94.110 Violations and Penalties
Any person, whether as principal, employee, agent, partner, City, officer, stockholder, or trustee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor or Infraction pursuant to Section 1.16.010 of this Code.
Measure Z, Added, 12/11/18)
Section 5.94.120 Appeals
Any decision regarding approval, conditional approval, denial, suspension or revocation may be appealed to the city council in accordance with the provisions of the Vista Municipal Code.
Measure Z, Added, 12/11/18)
Section 5.94.130 Prohibited Operations and Nonconforming Use All medical cannabis businesses in violation of Health and Safety Code Section 11362.7 et seq. and 11362.5 et seq., this chapter, or any other applicable State law are expressly prohibited. It is unlawful for any medical cannabis dispensary in the city, or any agent, employee or representative of such medical cannabis business, to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct on the premises of the medical cannabis business, or to violate any State law, or this chapter.
Measure Z, Added, 12/11/18)
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Section 5.94.140 Taxes
A. Imposition of Tax
Every person or entity engaged in the operation of a commercial cannabis business, regardless of where such person or entity has been issued a license by the City, shall pay to the City an amount equal to seven percent (7%) of all gross sales as a special use tax.
The revenue generated from the taxation of Medical Marijuana Businesses shall be placed in a City's general fund.
B. Payment Obligation
All taxpayers subject to this Chapter must pay the full tax imposed by this Chapter regardless of any rebate, exemption, incentive, or other reduction set forth elsewhere in this Code, except as required by California or Federal Law. Failure to pay the tax shall subject the taxpayer to penalties, interest charges, and other assessments as the City may establish from time to time. No provision in this Code shall lower the tax rate or reduce the amount of taxes paid hereunder unless the provision specifically states that the reduction applies.
C. City Council Authorization to Adjust Tax Rates The City Council may impose the tax authorized by this Chapter at a lower rate and may establish exemptions, incentives, or other reductions as it deems proper from time to time. The City Council may impose penalties, interest charges, or other assessments for the failure of a taxpayer to pay the tax in a timely manner, as otherwise allowed by the Charter and California Law. No action by the City Council under this Section shall prevent it from later increasing or decreasing the tax, or imposing or removing any exemption, incentive, or reduction and restoring the maximum or minimum tax specified in this Chapter.
D. Payment of Tax Does Not Authorize Activity
The payment of the tax required pursuant to this Chapter shall not, under any circumstance, be construed as authorized the conduct or continuance of any illegal or unpermitted business. Nothing in this Chapter implies or authorizes that any activity connected with the sale, distribution, or possession of cannabis is legal unless otherwise authorized and allowed in strict compliance with the provisions of this Code, the Medical Marijuana Program Act, and the Medical Marijuana Regulation and Safety Act.
Measure Z, Added, 12/11/18)
Section 5.94.143 Tax Reporting, Remittance, Penalization, and Administration Rules A. Purpose
Section 5.94.140.0 authorizes the City Council to adopt ordinances relating to the reporting, collection, auditing, interest assessment, penalties and other matters pertaining to taxes owed or delinquent pursuant to this Chapter. In adopting this section, the City Council intends to create a consistent program for the City's administration of all cannabis taxes owing to Vista under this Chapter and Chapter 7.10 as allowed by applicable law.
B. Reporting
All taxes owed pursuant to Chapter 5.94 shall be reported and remitted to the City in accordance with Section 7.10.030 of the Vista Municipal Code.
C. Penalties and Interest
If any person fails or refuses to pay taxes owed under this Chapter on or before the date on which the taxes are due, penalties and interest shall be imposed in the amounts and manner provided in Section 7.10.050 of the Vista Municipal Code.
D. Exemptions
Taxes imposed pursuant to this Chapter shall not be collected with respect to the personal cultivations or other personal use of cannabis to the limited extent described in Section
7.10.065 of the Vista Municipal Code.
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E. Administration of Tax
It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this Chapter.
F. Constitutionality and Legality
The taxes owed pursuant to this Chapter shall be applied in a manner consistent with the rules contained in Section 7.10.085 of the Vista Municipal Code.
G. Audit and Examinations
For purposes of conducting audits and examinations with respect to taxes owed pursuant to this Chapter or property, materials, information, operations or items relating to this Chapter, the City, City Manager, City Attorney and Tax Collector shall have those powers enumerated in Section 7.10.090.A and C of the Vista Municipal Code.
H. Records Retention
Every person liable for the collection and payment of any tax owed pursuant to this Chapter shall have a duty to keep and preserve those records described in Section
7.10.090.B for the periods prescribed therein.
Ord. No. 19-09, Added, 6/25/19)
Section 5.94.147 Coordination of Tax Provisions of Chapters 5.94 and 7.10 A. Any person which is a registered business pursuant to Chapter 5.94 shall pay taxes on all gross receipts of the business in accordance with Chapter 5.94 of the Vista Municipal Code and all regulations adopted pursuant to that Chapter.
B. Except for registered businesses paying taxes on gross receipts pursuant to Chapter 5.94, a person engaged in the operation of a commercial cannabis business shall pay taxes in accordance with Chapter 7.10 of the Vista Municipal Code and all regulations adopted pursuant to that Chapter.
C. Where a person in successive periods qualified as both a registered business and an unregistered business when operating as a cannabis business, the tax provisions of Chapter 5.94 shall be applied to the person during the periods it was a registered business, and the tax provisions of Chapter 7.10 shall be applied at the times it was not a registered business.
However, if a court determines that a successive application of the tax provisions is improper and a simultaneous application must occur, the simultaneous application shall occur in a manner to assure that no gross receipts or gross revenues escape lawful taxation.
Ord. No. 19-09, Added, 6/25/19)
Section 5.94.150 Severability
If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this initiative is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Vista hereby declare that they would have adopted this initiative and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional.
Measure Z, Added, 12/11/18)
Section 5.94.160 Consistency with Statewide Regulation of Cannabis This chapter shall be read consistent with any statewide regulation of medical marijuana that is promulgated by the California legislature or by voter approval in the future. Specifically, this Chapter shall be read consistent with the Medical Marijuana Regulation and Safety Act.
Measure Z, Added, 12/11/18)
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Section 5.94.170 Amendments and Administration
A. This Chapter was submitted to the voters for approval. Any amendment to
5.94.040 to increase the Tax rate expressly provided in such section shall not be effective unless and until such amendment is approved by the voters. The voters may authorize the City Council to amend, modify, change, or revise any other provisions of this Chapter as the City Council deems to be in the best interests of the City.
B. The City Manager or any designee thereof shall promulgate any other rules, regulations, and procedures necessary and consistent with this Chapter in order to implement and administer the intent of this Chapter, including any rules and regulations necessary to ensure the efficient and timely collection of the tax imposed by this Chapter.
Measure Z, Added, 12/11/18)
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Chapter 5.95
Commercial Adult Use Cannabis Businesses
Sections:
5.95.010 Purpose and Intent
5.95.020 Legal Authority
5.95.030 Operation Prohibited Without a Valid License
5.95.040 Compliance with the Law
5.95.050 Definitions
5.95.060 Authorized Commercial Adult Use Cannabis Businesses
5.95.070 Co-Location of Medical Cannabis Dispensary and Commercial Adult Use Cannabis Businesses
5.95.080 Expiration of a Commercial Adult Use Cannabis Business License
5.95.090 Revocation of a Commercial Adult Use Cannabis Business License
5.95.100 Effect of Suspension, Revocation or Termination of Any State License
5.95.110 Renewal of a Commercial Adult-Use Cannabis Business License
5.95.120 Change in Location
5.95.130 Change in an Applicant or Licensee's Information
5.95.140 Transferability of Adult Use Cannabis Business License
5.95.150 General Operating Standards and Restrictions
5.95.160 Violations and Penalties
5.95.170 Prohibited Operations and Nonconforming Use
5.95.180 Taxes
5.95.190 Appeals
5.95.200 Severability
5.95.210 Consistency with Statewide Regulation of Cannabis
5.95.220 Consistency with the Chapter 5.94
5.95.230 Amendments and Administration
Section 5.95.010 Purpose and Intent
The purpose of this chapter is to establish a comprehensive set of regulations with attendant regulatory permits applicable to the operation of commercial adult use cannabis businesses. The regulations are intended to implement the provisions of the Medical and Adult Use Cannabis Regulation and Safety Act (hereinafter "MAUCRSA") to provide access to adult use cannabis for persons over the age of 21 as authorized by the Control, Regulate and Tax Adult Use Marijuana Act ("AUMA" or "Proposition 64" passed by California voters in 2016).
Further, it is the intent of this chapter to regulate the sale of adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City; to impose regulations on the use of land; and to enforce rules and regulations consistent with state law.
Ord 2021-8, Added, 6/22/21)
5.95.020 Legal Authority
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the MAUCRSA, and any and all state legislation and/or regulations regarding the same, the City is authorized to adopt laws that establish standards, requirements and regulations for the licensing of commercial adult use cannabis business within the limits of its municipal boundaries. Any standards, requirements, and regulations regarding health and safety, security,
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and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City to all commercial adult use cannabis business.
This chapter is not intended to permit activities that are otherwise illegal under state or local law.
This chapter is not intended to conflict with federal or state law.
Ord 2021-8, Added, 6/22/21)
5.95.030 Operation Prohibited Without a Valid License
This chapter requires all adult use commercial cannabis operators to obtain and hold a valid license to operate within the City. The provisions of this chapter are in addition to any other licenses, licenses and approvals which may be required, now or in the future, to conduct business in the City and the State of California.
Ord 2021-8, Added, 6/22/21)
5.95.040 Compliance with the Law
It shall be unlawful to own, establish, operate, use, or permit the establishment or operation of an adult use cannabis dispensary, or to participate as an employee, contractor, agent, volunteer, or in any manner or capacity other than as provided in this chapter. The general prohibition contained in this section shall include renting, leasing, or otherwise permitting an adult use cannabis business to occupy or use a location, vehicle, or other mode of transportation.
It shall be the sole responsibility of the owners and the operators of all adult use commercial cannabis businesses to ensure that the adult use commercial cannabis business they own and/or operate is, at all times, operating in a manner compliant with all current and future applicable federal, state and local laws, regulations, licensing requirements, certification requirements, and/or any additional operating procedures and/or requirements which may be imposed as conditions of approval of the commercial adult use cannabis business license.
Every adult use cannabis business shall submit to periodic compliance checks by the City in order for the City to ensure all adult use cannabis businesses have complied and are complying with all applicable federal, state and local laws, regulations, licensing requirements and certification requirements. The City's compliance checks will be conducted during the normal business hours of an adult use cannabis business. The City's compliance checks may be conducted with or without advance notice to an adult use cannabis business.
Ord 2021-8, Added, 6/22/21)
5.95.050 Definitions
The following definitions shall apply to this chapter unless the context clearly denotes otherwise.
a.Adult Use Cannabis" or "Adult Use Cannabis Product" means cannabis or cannabis products for individuals 21 years of age and over without the need for a physician's recommendation.
b.Adult Use Cannabis Business" means a location where cannabis is provided to individuals who are 21 years or older.
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C.Adult Use Cannabis Business License" means a license issued to an adult use cannabis business pursuant to the provisions of Chapter 5.95. d.Applicant" means a person or legal entity who is required to file an application for a license under this chapter.
e.Bureau" means the Bureau of Cannabis Control within the Department of Consumer Affairs of the State of California.
f.Business" means all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to that employee's employer. g.Business Licensing Division" as used in this chapter is defined to mean the department within the City that reviews, issues, and manages business licenses. h.Cannabis" means, except as specified herein, all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.
i. Cannabis Concentrate" means Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division.
Cannabis Concentrate does not include any product intended for oral ingestion by the final consumer. A Cannabis Concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. j. Cannabis Dispensing Room" means the location in an adult use cannabis business where cannabis is stored and eventually provided to customers as opposed to a lobby area within the business.
k.City" means the City of Vista.
I. City Manager" means the City Manager of the City or the City Manager's designee.
M. "Commercial adult use cannabis business license" means a regulatory license issued by the City pursuant to Chapter 5.95 to an adult use commercial cannabis business and is required before any adult use commercial cannabis business may be conducted in the City. n.Concentrated Cannabis" shall have the same definition as given such term in California Health and Safety Code§ 11006.5, as may be amended, and which defines
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Concentrated Cannabis" as the separated resin, whether crude or purified, obtained from cannabis.
o.Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer.
P.Edible" shall have the same definition as set forth in Health and Safety Code Section 113781, until such time that MMRSA or the Department of Public Health sets forth a new definition.
q.Employee" includes any person who renders any service, with or without compensation, to an adult use cannabis business or any person performing some or all of the functions of an employee of an adult use cannabis business. The term "Employee" shall include part-time, full-time, temporary, and permanent employees. r.Licensee" means any person holding a license under this chapter.
S.Limited-access area" means an area in which cannabis goods are stored or held and is only accessible to a licensee, its employees and/or authorized individuals. t.Location" means any parcel of land, whether vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area.
U.Live scan" means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the City Council.
V.Marijuana" has the same definition as set forth in Health and Safety Code section 11018 and includes cannabis.
W. "Reasonable Compensation" means compensation commensurate with wages and benefits paid to officers and employees of other not-for-profit organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of hours worked, including without limitation, the proportionate cost of materials, time, experience, and other expenditures reasonably related to the cultivation, transportation, treatment, and storage of cannabis.
Ord 2021-8, Added, 6/22/21)
5.95.060 Authorized Commercial Adult Use Cannabis Businesses In accordance with section 5.95.070, a validly licensed medical cannabis dispensary licensee may, in the same physical space as the medical cannabis dispensary, co-locate a retail commercial adult use cannabis business. Other than co-location with a medical cannabis dispensary by the same license holder, per section 5.95.070, all other retail commercial adult use cannabis businesses are prohibited within the City.
Ord 2021-8, Added, 6/22/21)
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5.95.070 Co-Location of Medical Cannabis Dispensary and Commercial Adult Use Cannabis Businesses
An adult use cannabis business can only be co-located at and within the same physical premises as a medical cannabis dispensary that has been approved as such by the City pursuant to Chapter 5.94. A City issued licensed is required to operate a co-located adult use cannabis business.
An adult cannabis business co-location application shall be accompanied by a non- refundable application fee established by resolution of the City Council. Prior to acting on the application, the City Manager shall conduct environmental review pursuant to the California Environmental Quality Act. The City Manager may act on the application if any of the following occurs: (1) the City determines the project is exempt from environmental review; (2) the City determines there is no substantial evidence that the project, as proposed or as mitigated, may have a significant impact on the environment; or (3) the City adopts a statement of overriding considerations for the project. In such cases, the City Manager shall issue a co-location commercial adult use cannabis business license after determining that a medical cannabis dispensary is in good standing with all local, state, and federal laws and regulations, and that the co-location applicant demonstrates compliance with all the standards and provisions of Chapter 5.95 and any additional performance and operating standards promulgated by the City Manager to carry out the purposes of Chapter 5.95. The City Manager shall further condition the license on compliance with any mitigation measures resulting from the environmental review.
Upon issuance by the City of a co-location commercial adult use cannabis business license, a medical cannabis dispensary validly licensed pursuant to Chapter 5.94 may conduct a commercial adult use cannabis business at the same physical site and as part of the medical cannabis operation currently operating at said location.
A co-location facility shall maintain both a City and state license for medical cannabis dispensary at all times the facility is in operation. Failure to maintain a City and/or state medical cannabis licenses shall result in the automatic revocation of the companion commercial adult use cannabis business license. The commercial adult use cannabis business license shall be deemed suspended or revoked contemporaneously with the suspension or revocation of either the medical cannabis licensee's City license or state license.
The authorization to conduct both a medical cannabis dispensary and a co-located adult use cannabis business does not relieve the licensee from fulfilling all its applicable tax obligations, including paying the separate and distinct tax rate for sales of products related to medical cannabis and the separate and distinct tax rate for sales of products related to adult use cannabis.
Ord 2021-8, Added, 6/22/21)
5.95.080 Expiration of a Commercial Adult Use Cannabis Business License A commercial adult use cannabis business license, issued pursuant to this Chapter, shall expire concurrently with the medical cannabis dispensary license issued to the medical cannabis dispensary co-located at the adult use cannabis business or twenty-four (24) months after the date of its issuance, whichever is shorter. Commercial adult use cannabis business licenses may be renewed as provided in section 5.95.110.
Ord 2021-8, Added, 6/22/21)
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5.95.090 Revocation of a Commercial Adult Use Cannabis Business License A commercial adult use cannabis business licenses may be revoked if any owner or operator of said business is convicted of a federal or state felony and/or is in violation of any local rule, ordinance, regulation, or operational procedure, and/or standards promulgated or adopted pursuant to this chapter. For purposes of this provision, a conviction is complete upon entry of judgment after a finding of guilt, upon entry of a plea of guilty, upon entry of a plea of nolo contendere or "no contest," and regardless of the pendency of any appeal, or expungement pursuant to California Penal Code Sections 1203.4, 1203.4a or 1203.41.
Ord 2021-8, Added, 6/22/21)
5.95.100 Effect of Suspension, Revocation or Termination of Any State License A suspension of any license issued to an adult cannabis business by the State of California, or by any of its departments or divisions, shall immediately and automatically suspend the privilege of said adult use cannabis business to operate within the City as of the same date and time the state license was suspended. Said adult use cannabis business' ability to sell and/or distribute adult use cannabis products shall remain suspended unless and until the State of California, or its respective department or division, reinstates or reissues the suspended state license.
Should the State of California, or any of its departments or divisions, revoke or terminate the state license of an adult use cannabis business, such revocation or termination shall automatically terminate the adult use cannabis business license issued by the City to said business as of the same date and time the state license was revoked and/or terminated.
Ord 2021-8, Added, 6/22/21)
5.95.110 Renewal of a Commercial Adult-Use Cannabis Business License An application for renewal of a commercial adult-use cannabis business license shall be filed at least sixty (60) calendar days prior to the expiration date of the current license. The renewal application shall contain all the information required for a new application for license under this chapter. The applicant shall pay a fee in an amount to be set by the City Council designed to cover the costs of processing the renewal license application, together with any costs incurred by the City to administer and monitor the program. The City Council, from time to time, may modify this fee in order to ensure that the City is recovering all its costs.
An application for renewal of a commercial adult use cannabis business license shall be rejected if any of the following exists:
1. The application is filed less than sixty (60) days before the expiration of the term of applicant's current license.
2. The commercial adult use cannabis business license is suspended or revoked at the time the application is filed.
3. The commercial adult-use cannabis business has violated any of the requirements of Chapter 5.95 or of any regulations adopted pursuant to Chapter 5.95.
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4. The licensee fails or is unable to renew its required State of California cannabis license by the date the renewal would need to take effect.
5. The licensee is not or will not be operating a medical cannabis dispensary at the location listed in the application.
The City Manager is authorized to make all decisions concerning any application for renewal of a license, including the decision to approve or deny the application. In making decisions on applications, the City Manager is authorized to impose additional conditions upon renewal of a license if the City Manager deems it necessary to ensure compliance with any laws, regulations and/or to preserve the public health, safety and/or welfare. Appeals from the decision of the City Manager shall be handled pursuant to section 5.95.190.
If a renewal application is rejected, the then current commercial adult use cannabis business license shall no longer be effective as of the end of its then current term and all related commercial adult use cannabis business activity must cease at the location identified in the license. An applicant that is denied a renewal may file a new application pursuant to Chapter
5.95 no sooner than one (1) year from the date of the rejection.
Ord 2021-8, Added, 6/22/21)
5.95.120 Change in Location
An adult use cannabis business may only operate at the location specified on its license.
An adult use cannabis business shall not change or expand the location it operates from without the City's express written approval. If an adult use cannabis business wishes to change or expand the location it operates its adult use cannabis from, it shall file an application with the City. The applicant shall also pay a fee in an amount to be set by the City Council designed to cover the costs of processing the change of location application. The City Council, from time to time, may modify this fee to ensure that the City is recovering all said costs.
The City Manager is authorized to make all decisions concerning any application for change or expansion of an existing licensee's location, including the decision to approve or deny an application. In making decisions on applications, the City Manager is authorized to impose additional conditions upon the approval of any application if the City Manager deems it necessary to ensure compliance with any laws, regulations and/or to preserve the public health, safety and/or welfare. Appeals from the decision of the City Manager shall be handled pursuant to section 5.95.190.
Ord 2021-8, Added, 6/22/21)
5.95.130 Change in an Applicant or Licensee's Information All applicants for an adult use cannabis business license and adult use cannabis business licensees shall have an ongoing and continuing obligation to update the City of any changes to information contained in their then pending or already approved adult use cannabis business license application. Applicants and licensees must update the City of any changes to their information within seven (7) calendar days of the event that causes the change to said information.
Ord 2021-8, Added, 6/22/21)
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5.95.140 Transferability of Adult Use Cannabis Business License An adult use cannabis business license is transferable only if: (1) the holder of the co- located medical cannabis dispensary license contemporaneously applies to transfer the co- located medical cannabis license pursuant to the provisions of Chapter 5.94, (2) the proposed transferee identified in the medical cannabis dispensary transfer application and the adult use cannabis transfer application is the same individual/entity in both applications, and, (3) the proposed transferee successfully completes all of the requirements that a new applicant would otherwise need to meet under both Chapter 5.94 for the medical cannabis dispensary license and Chapter 5.95 for the adult use cannabis business license.
Ord 2021-8, Added, 6/22/21)
5.95.150 General Operating Standards and Restrictions
An adult use cannabis business shall operate in conformance with the following minimum standards, and such standards shall be deemed to be part of the conditions of approval of a license for an adult use cannabis business so as to ensure that its operation is in compliance with all relevant local and state laws and regulations, and to mitigate any potential adverse impacts of the adult use cannabis business on the public health, safety or welfare. a.Security
1. At least one (1) security guard, armed or unarmed, who is licensed by the State of California shall be present at the location of the adult use cannabis business during all business hours. This security guard may be the same security guard providing security for the co-located medical cannabis dispensary. The security guard shall only be engaged in activities related to providing security for the cannabis business, except on an incidental basis. Each security guard shall possess a "Security Guard Card" at all times.
2.Security cameras shall be installed and maintained in good condition and used in an on-going manner with at least ninety (90) days of digitally recorded documentation.
3. The location of the adult use cannabis business shall be alarmed with a centrally monitored fire and burglar alarm system and monitored by an alarm company. b.Records
Adult use cannabis businesses shall continuously maintain records reflecting:
1. The full name, address, and telephone number(s) of the owner and/or lessee of the property.
2. The full name, address, and telephone number(s) of all employees.
3. The results of annual live scans of all employees.
4. A copy of the adult use cannabis business's commercial general liability insurance policy and all other insurance policies related to the operation of the adult use cannabis business.
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5.Proof of a valid and current license issued by the City in accordance with this chapter.
C.Employees
An adult use cannabis business shall not have any employees, operators, or volunteers who have suffered a conviction for a felony offense having occurred within the past four (4) years. This requirement shall be confirmed through the results of a live scan being conducted annually by the adult use cannabis business on all employees, the written results of such live scans being maintained at the location of the adult use cannabis business. d. Volume
An adult use cannabis business may dispense, store or transport cannabis in aggregate amounts that is reasonably tied to its customers' present needs. To that end, an adult use cannabis business shall ensure compliance with state law limits on the amount of dried cannabis and amount of cannabis plants allowed per person, if any. e.Notification
The following signs in measurements of not less than eight (8) by ten (10) inches shall be clearly and legibly posted in a conspicuous location inside the medical cannabis business where they will be visible to all visitors in the normal course of a transaction, stating:
1.Loitering on and around this cannabis business is prohibited by California Penal Code § 647(e) and patrons must immediately leave the site and not consume or use cannabis in the vicinity of the business, on the property or in the parking lot."
2.Patrons may be subject to prosecution under federal marijuana laws."
3.Use of marijuana may impair a person's ability to drive a motor vehicle or operate machinery."
4.Smoking, ingesting or consuming marijuana anywhere on the premises is strictly prohibited."
5.All cannabis products have been tested by an independent testing agency for content, mold, pesticides, and other harmful contaminants." f. No Alcohol
Any adult use cannabis business shall not hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages or to operate a business that sells alcoholic beverages on site. Additionally, there shall be no alcohol consumption on site.
g.Quality Control
All cannabis products shall be analyzed in representative samples of all strains that are to sold to the public. The representative samples shall be analyzed by an independent laboratory, holding a state license for testing (if and when such is available) for harmful
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pesticides, molds, and other contaminants. Any cannabis, from which the representative sample tested positive for a harmful pesticide or other contaminant at a level that exceeds the local, state or federal regulatory or statutory standards, shall be destroyed forthwith and not sold or in any way distributed.
h.Labeling
Any cannabis sold to a consumer shall be properly labeled. A distinct and clearly legible label must be affixed onto all cannabis items which states:
1. This item contains cannabis.
2. Warning that the item is not a food product.
3. Warning that the item is to be kept away from children.
4. Warning if nuts or other known allergens are used.
5.Date of manufacture.
6. Any other or further labeling as may be made a requirement by any state or federal law or agency.
i. Edibles
All cannabis edibles shall comply with the California Sherman Food, Drug, and Cosmetic Law, as codified in section 109875 et seq. of Part 5 of Division 104 of the Health and Safety Code, and as amended from time to time. Further minimum requirements for all medical cannabis edibles include:
1.No edible marijuana products requiring refrigeration or hot holding shall be manufactured for sale or distribution at an adult use cannabis business due to the potential for food-borne illness. Baked products (i.e. brownies, bars, cookies, cakes), tinctures and other non-refrigerated type items are acceptable for sale at an adult use cannabis business.
2. Any such other or further requirements as propagated by any state or federal law or agency.
3. Any edible cannabis product that is made to resemble a typical food product (i.e. brownie, cake) must be in a properly labeled opaque (non-see through) package before it leaves the adult use cannabis business.
j. Signage
1.Signs on the premises shall not, in any way, obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Vista Municipal Code.
2.No signage, on or off premises, shall contain advertising or marketing material that a reasonably objective person would consider is targeted to persons under the age of twenty-one (21) years old.
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3. The use of billboards in the City for any purpose is prohibited.
4.Business identification signage shall comply with the appropriate sign requirements with the applicable zoning district.
5. At all times, every adult use cannabis dispensary shall conspicuously display the license issued pursuant to the provisions of this chapter so that it may be readily seen by all persons entering the location of the business. k.Employee Training
All employees of an adult use cannabis business shall receive appropriate training for their intended duties to ensure thorough understanding of the rules and procedures regarding maintaining compliance with all relevant state and local laws at all times.
I. Operating Hours
The maximum hours of operation for an adult use cannabis business shall be daily from 9:00 a.m. to 10:00 p.m.
M. Use Restrictions
Smoking, ingesting or consuming cannabis by customers at the location of the adult use cannabis business is prohibited.
n.No Minors
Except as allowed under Chapter 5.94, no one under twenty-one (21) years of age shall be permitted to enter an adult use cannabis business. o.Odors
An adult use cannabis business shall have an air treatment system that ensures offsite odors shall not result from its operations. This requirement, at a minimum, means that the adult use cannabis business shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the adult use cannabis business is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the adult use cannabis business, if the adult use cannabis business only occupies a portion of a building.
P.Insurance
An adult use cannabis business shall have comprehensive commercial general liability insurance and comprehensive automotive liability insurance (if automobiles are used by the adult use cannabis business for any purpose) protecting the adult use cannabis business in an amount of not less than two million dollars ($2,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than two million dollars 2,000,000.00) aggregate for each personal injury liability, products liability and each accident.
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q.Site management
The adult use cannabis business shall make available to customers who purchase cannabis products a handout containing the rules and regulations governing marijuana use and consumption within the City and recommendations on sensible marijuana etiquette.
r.Parking
Each adult use cannabis business shall have at least one (1) dedicated parking space for every 1,000 square feet of the permitted building. The adult use cannabis business must also have shared access to at least one (1) handicap accessible parking space. The parking spaces required for the medical cannabis dispensary co-located at the same site can be used to satisfy the requirements of this section.
Ord 2021-8, Added, 6/22/21)
5.95.160 Violations and Penalties
Any person, whether as principal, employee, agent, partner, officer, stockholder, trustee or otherwise, who violates or causes the violation of any of the provisions of this chapter shall be guilty of a misdemeanor or infraction pursuant to Section 1.16.010 of this Code.
Ord 2021-8, Added, 6/22/21)
5.95.170 Prohibited Operations and Nonconforming Use
All adult use cannabis businesses shall operate in accordance with the provisions of all applicable state and local laws. It shall be unlawful for any adult cannabis business in the city, or any agent, employee, or representative of said adult cannabis business, to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct on the premises of the adult use cannabis business, or to violate any state law, or this chapter.
Ord 2021-8, Added, 6/22/21)
5.95.180 Taxes
a.Imposition of Tax
Every person or entity engaged in the operation of an adult cannabis business shall pay to the City an amount equal to seven percent (7%) of all gross adult use cannabis sales as a special use tax.
b.Payment Obligation
All taxpayers subject to this chapter must pay the full tax imposed by this chapter regardless of any rebate, exemption, incentive, or other reduction set forth elsewhere in this Code, except as required by state or federal law. Failure to pay the tax in full when due shall subject the taxpayer to penalties, interest charges, and other assessments as the City may establish from time to time. No provision in this Code shall lower the tax rate or reduce the amount of taxes paid hereunder unless the provision specifically states that the reduction applies.
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C.City Council Authorization to Impose Penalties, Interest and Other Assessments The City Council may impose penalties, interest charges, or other assessments for the failure of a taxpayer to pay taxes in a timely manner.
d.Payment of Tax Does Not Authorize Activity
The payment of the tax required pursuant to this chapter shall not, under any circumstances, be construed as authorization to conduct or continue to conduct the sale of cannabis products without the requisite license and authorization from the City. Nothing in this chapter shall be deemed to imply or authorize any activity connected with the sale, distribution, or possession of cannabis that is not in conformance with all applicable local and state laws and regulations.
Ord 2021-8, Added, 6/22/21)
5.95.190 Appeals
Any decision made by the City Manager with regard to the status of any application for a license or license authorized pursuant to this Chapter may be appealed by the applicant or licensee to the City Council. In order to file an appeal, a written notice of appeal must be filed with the City Clerk within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall, in a clear and concise manner, present the facts, reasons, and legal arguments why the appellant contends the decision of the City Manager was made in error. If such appeal is filed, the City Council shall set an informal hearing to review the appeal. The hearing shall be set within a reasonable time which shall be: (1) no sooner than fifteen (15) calendar days from the date of the notice of appeal; and (2) no longer than thirty (30) calendar days from the date of the notice of appeal unless a regular meeting of the City Council has been cancelled, in which case the hearing shall occur no later than sixty (60) calendar days following the date of the notice of appeal. The parties to the appeal may agree to shorten or waive any of these time requirements.
The appeal before the City Council shall constitute a de novo proceeding. The applicant may submit to the City Clerk any written materials, arguments, evidence, and declarations in support of its position. To allow for proper review and consideration, all submissions by the applicant or licensee must be received by the City Clerk no later than ten (10) calendar days prior to the scheduled hearing. Following the appeal, the City Council shall take action on the appeal. If the appeal is denied, the facts and reasons for the denial shall be set forth in writing.
If the issue on appeal to the City Council involves the revocation of a then current and valid license issued pursuant to this chapter, and the City Council affirms the decision of the City Manager to revoke the license, the revocation shall become effective ten (10) days from the date of the City Council's decision. An appeal to the City Council will not extend the term of any license beyond the date of that license's stated expiration date.
If a timely appeal is not filed, the decision of the City Manager shall become final and conclusive.
Ord 2021-8, Added, 6/22/21)
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5.95.200 Severability
If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections in this chapter.
Ord 2021-8, Added, 6/22/21)
5.95.210 Consistency with Statewide Regulation of Cannabis This chapter shall, at all times, be read to be consistent with all current and future state laws and regulations governing the sale, possession and/or use of cannabis products.
Ord 2021-8, Added, 6/22/21)
5.95.220 Consistency with the Chapter 5.94
An adult use cannabis business must be co-located with a medical cannabis dispensary authorized pursuant to Chapter 5.94. With regard to the operational requirements of a cannabis business (i.e., store layout, security, parking, employee background checks), in Chapter 5.95, it is the intent of the City to mirror the requirements and procedures contained in Chapter 5.94 to the extent possible. Should there be any inconsistencies between similar requirements in Chapter 5.94 and Chapter 5.95 that cannot be harmonized and/or reconciled, the provision(s) contained in Chapter 5.94 shall control to resolve said inconsistencies.
Ord 2021-8, Added, 6/22/21)
5.95.230 Amendments and Administration
The City Manager is hereby delegated authority by the City Council to promulgate any rules, regulations, and/or procedures necessary and consistent with this chapter in order to implement and administer the intent of this chapter, including any rules and regulations necessary to ensure the efficient and timely collection of the tax imposed by this chapter.
Ord 2021-8, Added, 6/22/21)
5.95 (14) Vista 7/23/21)
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ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 8.12 OF THE VISTA
MUNICIPAL CODE AND CHAPTER 18.76 OF THE VISTA DEVELOPMENT
CODE RELATING TO TEMPORARY CANNABIS EVENTS
The City Council of the City of Vista does ordain as follows:
SECTION 1. Findings. The City Council hereby finds and declares that:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The City intends to amend Chapter 8.12 of the Vista Municipal Code and to amend Chapter 18.76 of the Vista Development Code to establish regulations, standards, and a permitting process governing temporary cannabis events as permitted under Section 26200(e) of the California Business and Professions Code, and Chapter 5, Division 19, of Title 4 of the California Code of Regulations (commencing at Section 15000).
C. The proposed code amendments would regulate and create a permitting process for temporary cannabis events. Such events would not result in permanent physical changes at the event sites as they are limited in duration and the number of events allowed per year, and are subject to standard restrictions that limit potential adverse effects including, but not limited to, noise, traffic and refuse disposal. Temporary cannabis events are subject to approval of a Temporary Use Permit by the Zoning Administrator, which requires a noticed public hearing and separate California Environmental Quality Act (CEQA) compliance. Therefore, the proposed code amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense” exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment.
D. On May 28, 2024, the City Council held a public hearing regarding the proposed amendments to the Vista Municipal Code and Vista Development Code. At said public hearing, staff reports, both written and oral were received in evidence and all persons desiring to speak on the proposed project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.
SECTION 2. Code Amendment.
A. Chapter 8.12, Smoking in Public Places, of the Vista Municipal Code is amended to read as follows:
Chapter 8.12
Smoking in Public Places
Sections:
8.12.010 Purpose
8.12.020 Definitions
8.12.030 Prohibitions
8.12.040 Exceptions – Areas Where Smoking is Permitted
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8.12.050 Posting of Signs
8.12.060 Retaliation Against Persons Requesting Compliance Prohibited
8.12.070 Penalties and Enforcement
Section 8.12.010 through 8.12.030 (no changes)
Section 8.12.040 Exceptions - Areas Where Smoking is Permitted The following areas are exempt from the mandatory no-smoking provisions of this chapter, and permit smoking.
A. Private residences, except private residences licensed as family day care homes, during hours of operation as a family day care home.
B. Guestroom accommodations in a hotel, motel, or similar transient lodging establishment, if approved by the management of that facility, but not to exceed forty percent of all available guestroom accommodations.
C. Employee breakrooms designated by an employer for smoking, provided that all requirements of Labor Code section 6404.5(d)(13) are satisfied.
D. Cabs of motortrucks or truck tractors, as defined in the Vehicle Code, if no nonsmoking employees are present.
E. Patient smoking areas in long-term health care facilities, approved by the management of the facility, as defined in Section 1418 of the Health and Safety Code.
F. Theatrical production sites, if smoking is an integral part of the story in the theatrical production, if approved by the management of the facility.
G. Medical research or treatment sites, if smoking is an integral to any research and treatment being conducted, if approved by the management of the facility.
H. The designated consumption area of a temporary cannabis event that is permitted pursuant to Chapter 18.76.
Section 8.12.050 through 8.12.070 (no changes)”
B. Chapter 18.76, Temporary Use Permits, of the Vista Development Code is amended to read as follows:
Chapter 18.76
Temporary Use Permits
Sections:
18.76.010 Temporary Use Permits - Zoning Administrator
18.76.015 Temporary Cannabis Events
18.76.020 Administrative Temporary Use Permits
18.76.030 Conflict with Chapter 12.12 Provisions
Section 18.76.010 Temporary Use Permits - Zoning Administrator A. Permitted Uses. Temporary use permits may be issued for the following uses on any privately owned property zoned C-1, 2 or 3; M-1 or properties designated for commercial or industrial uses within specific plans provided that the operations permitted therein shall be for no more than ten days:
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ORDINANCE NO. 2024-06
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
4893-5151-4042, v. 1
1. Carnivals, circuses or fairs
2. Rodeos with no permanent structures involved
3. Fireworks shows
4. Other temporary uses of a similar nature to those in Subdivisions 1 through 3 of this subsection.
5. Temporary cannabis events, subject to the requirements of section
18.76.015.
B. Application Procedures. Applications for a temporary use permit shall be made to the Office of the Zoning Administrator at least 45 days prior to the first date of the proposed activity in a form prescribed by the Community Development Director and shall be accompanied by:
1. A map showing the area on which the event will be held.
2. A description of the event for which the Temporary Use Permit is requested.
3. The name(s) of the organization(s) and principals within the organization applying for the temporary use permit.
4. An estimate of the number of persons who will attend, all vendors who are anticipated to operate at the event, and a description of all security personnel and arrangements that are scheduled for the event.
5. A description of parking arrangements for the event.
6. Such additional information as may be required by the Zoning Administrator to determine whether the event will be compatible with the surrounding neighborhood, satisfy applicable laws, and be consistent with the public, health, safety and welfare.
C. Fees. A nonrefundable processing fee shall be paid prior to the acceptance of any application for a temporary use permit. Such fee shall be established by resolution of the City Council from time to time.
D. Expiration. Each valid temporary use permit, unless earlier revoked, shall expire and become null and void at the time specified in such permit.
E. Notice and Hearing.
1. Within 45 days of the date of a submittal of a complete application for a temporary use permit, the Zoning Administrator shall hold a public hearing on the application.
Notice of the public hearing shall be given pursuant to Section 18.04.060.A.
2. A temporary use permit shall be issued, unless the Zoning Administrator makes one or more of the following findings:
a. That the proposed activity at the particular location will not contribute to the general convenience or welfare of the neighborhood or the community. b. That the characteristics of the proposed activity are incompatible with those permitted in the surrounding areas, or that such proposed activity is not in harmony with the various elements and objectives of the General Plan. c. The proposed activity, under the circumstances of the particular case, will be detrimental to the health, safety, and welfare of the persons residing in the vicinity, or will be in conflict with applicable law. For purposes of temporary cannabis events, “applicable law” excludes the regulation of cannabis under the federal Controlled Substances Act.
3. Any approved permit may include conditions or requirements that the Zoning Administrator determines are reasonably required in order to make one or more of the findings set forth in Subsection 2 above. In addition, the Zoning Administrator may require that insurance and indemnification be provided for the benefit of the City and/or the public when the Zoning Administrator determines that there is a risk of damage, injury or lawsuit in connection with the special event.
F. Appeal. Appeals from the decision of the Zoning Administrator shall be made pursuant to Section 18.04.150.
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ORDINANCE NO. 2024-06
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
Section 18.76.015 Temporary Cannabis Events
A. For purposes of this section, the following definitions apply:
Cannabis goods” has the same meaning as defined under Section 15000 of Chapter 1, Division 19, Title 4 of the California Code of Regulations.
Temporary cannabis event” shall mean a temporary event that includes onsite sale and/or consumption of cannabis goods in compliance with Section 26200(e) of the California Business and Professions Code, Chapter 5, Division 19, of Title 4 of the California Code of Regulations (commencing at Section 15000) and this section of the Code.
B. Required Licenses. Any person applying for a temporary use permit for a temporary cannabis event (“temporary cannabis event permit”) must obtain: (1) a valid business license issued by the City; (2) a state cannabis event organizer license issued by the California Department of Cannabis Control (“DCC”); and (3) a state temporary cannabis event license issued by the DCC, prior to the event. All licenses and permits required under state and local law shall remain in full force effect throughout the duration of the event.
C. Applications. Applications for a temporary cannabis event permit must comply with all requirements of section 18.76.010, unless otherwise stated in this section. The cannabis event organizer shall apply to the City for a temporary cannabis event permit with a City-approved form, no less than sixty (60) calendar days before the first day of the event. Applications shall provide a designated ride share area in addition to describing how parking requirements will be met.
D. Event Duration. A temporary cannabis event permit may be issued for a single day or two (2) consecutive days, subject to the following: (1) no person may be issued temporary cannabis event permits that cumulatively exceed 24 days per calendar year; and (2) no more than 12 temporary cannabis events per calendar year may be sited at the same private property location as determined by Accessor Parcel Number.
E. Event Location and Notification. A temporary cannabis event may not be located within 1,000 feet of a residential use, park, church or school, as measured from door to door. At least 10 calendar days prior to the public hearing considering the request for temporary cannabis event, the City shall provide notification of the public hearing in compliance with Section
18.04.060.A. including publication in a newspaper of general circulation, notice mailed or delivered to all owners of properties within 500 feet of the event location, and notice posted at the proposed event location.
F. Conditions. A temporary cannabis event permit holder and all retailers participating in the temporary cannabis event shall comply with all conditions required under state and City licenses and permits, including but not limited to the following:
1. Cannabis consumption cannot be visible from any public place or nonage- restricted area.
2. Access to the temporary cannabis event must be restricted to persons 21 years of age or older.
3. Sale or consumption of alcohol or tobacco is prohibited on the premises of a temporary cannabis event.
4. All cannabis goods authorized to be sold at a temporary cannabis event must be transported to and from the event by a licensed distributor.
5. Consumption must be expressly authorized in the state temporary cannabis event license, otherwise only the sale of cannabis goods by licensed retailers at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on- site certified emergency medical technician (EMT) must be provided for the duration of the event.
6. Only state-licensed cannabis retailers are authorized to conduct sales of cannabis goods at a temporary cannabis event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at temporary cannabis events, 08/27/2024 D2 Page 35 of 37
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including but not limited to:
a. Displays of cannabis goods;
b. Use of exit packaging;
c. Age restrictions on sales;
d. Daily sales limits;
e. No free samples of cannabis goods;
f. Designated sales locations with no mobile sales; and g. Recording sales in the state track and trace system.
7. Any retailer engaging in the sale of cannabis goods must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. Such retailers must comply with all required tax provisions of this Code relating to the sale of cannabis goods in the City.
8. The cannabis event organizer shall hire or contract for security personnel to provide security services at the temporary cannabis event. The number of required security personnel and hours of security service shall be determined by the City. All security personnel shall be at least 21 years of age, licensed by the Bureau of Security and Investigative Services, and comply with chapters 11.4 and 11.5 of division 3 of the California Business and Professions Code. At a minimum, security personnel shall be present on the premises of a temporary cannabis event whenever cannabis goods are available for sale or cannabis consumption is allowed.
9. The cannabis event organizer and their hired personnel must use a driver’s license scanner to verify age and authenticate patron IDs prior to providing event access.
10. The cannabis event organizer shall provide a certificate of insurance naming the City as additional insured, in an amount as specified by the Zoning Administrator but in no event below $2,000,000.
11. By accepting a temporary cannabis event permit, the cannabis event organizer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.
12. All waste from the temporary cannabis event must be disposed of in designated waste receptacles and in accordance with state law.
13. Temporary cannabis events must comply with the City’s Noise Ordinance.
14. Temporary cannabis events are limited to the hours of 9 a.m. to 10 p.m.
G. City Access. City code enforcement officers, Sheriff’s department officers, or other agents or employees of the City requesting admission to the temporary cannabis event for the purposes of determining compliance with this section shall be provided unrestricted access.
H. Permit Revocation. A temporary cannabis event permit may be immediately revoked by the Zoning Administrator if they determine the existence of any of the following: (1) a significant violation of any requirement of this section, applicable state law, or the conditions of permit approval; (2) the event poses a threat to public health or safety; or (3) the permit was issued in error or contrary to law. Any permit revocation shall be made by the City in writing and may be appealed in writing to the City Manager within five (5) calendar days of the date of revocation. The decision of the City Manager or their designee shall be final. Upon revocation, the cannabis event organizer may not apply for a temporary cannabis event permit for a period of one year following the date of revocation.
I. Violation and Penalty. Failure to comply with the provisions of this section shall constitute a violation of the zoning ordinance and is subject to enforcement and penalty as is established by Chapter 18.82.
Section 18.76.020 through 18.76.030 (no changes)”
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ORDINANCE NO . 2024-05
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE8
B. Chapter 18 .02 of the Vista Development Code is amended to read as follows :
Chapter 18.02
Purpose, Interpretation and Definitions
Sections 18.02.005 through 18.02.323 (no changes)
Section 18.02.325 Guesthouse
Guesthouse" shall mean living quarters within an accessory building for the sole use of the primary occupants of the premises or for temporary use by guests of the occupants of premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling . No guest house shall exceed 700 square feet in gross floor area. No guest house shall be more than one story in height. It may be located on the top of another single story accessory structure.
Sections 18.02.330 through 18.02. 735 (no changes)"
SECTION 3. If any word, sentence , paragraph , or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences , paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall , be so construed , as if the original ordinance did not contain the invalid or unenforceable language .
SECTION 4. This Ordinance shall be effective on the thirty-first day following the date of its adoption . The City Clerk is authorized and directed to publish a copy in the manner provided bylaw.
INTRODUCED AND ADOPTED at a meeting of the City Council of the Chartered City of Vista held on May 28 , 2024 , by the following vote:
AYES :
NOES:
ABSTAIN :
APPROVED
Walter C. Chung
20240520075919
4858-9179-1798 , V. 2
8 Mayor Franklin, Green, Contreras, Melendez, O'Donnell None
None
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