Agenda packet, first session — Willows City Council, November 26, 2024

the customer's age, identity, and physician's recommendation as required by subsection (c) of this section.
(c) Acceptable forms of identification include the following:
(1) A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, height, gender, and photo of the person;
(2) A valid identification card issued to a member of the Armed Forces that includes the person's name, date of birth, and photo; or
(3) A valid passport issued by the United States or by a foreign government.

Authority: Section 26013, Business and Professions Code. Reference: Section 26140, Business and Professions Code.
§15405. Cannabis Goods Display.
(a) Cannabis goods for inspection and sale shall only be displayed in the retail area. (b) Cannabis and cannabis products may be removed from their packaging and placed in containers to allow for customer inspection. The containers shall not be readily accessible to customers without assistance of retailer personnel. A container must be provided to the customer by the licensed retailer or its employees, who shall remain with the customer at all times that the container is being inspected by the customer. (c) Cannabis and cannabis products removed from their packaging for display shall not be sold or consumed when the cannabis and cannabis products are no longer used for display.

Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.
§15406. Cannabis Goods for Sale.

A licensed retailer shall not make any cannabis goods available for sale or delivery to a customer unless:
(a) The cannabis goods were received by the licensed retailer from a licensed distributor or licensed microbusiness authorized to engage in distribution; (b) The licensed retailer has verified that the cannabis goods have not exceeded their best-by, sell-by, or expiration date if one is provided; (c) In the case of manufactured cannabis products, the product complies with all requirements of Business and Professions Code section 26130; (d) The cannabis goods have undergone regulatory compliance testing as required by the Act and chapter 6;
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(e) The batch number, if any, is labeled on the package of cannabis goods and matches the batch number on the corresponding certificate of analysis for regulatory compliance testing;
(f) The packaging and labeling of the cannabis goods complies with Business and Professions Code section 26120 and this division; and
(g) The cannabis goods comply with all applicable requirements found in the Act and this division.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26120, Business and Professions Code.
§15407. Sale of Non-Cannabis Goods.
(a) In addition to cannabis goods, a licensed retailer may sell only cannabis accessories and the branded merchandise of any licensee. Licensed retailers may provide customers with promotional materials.
(b) Notwithstanding subsection (a), a licensed retailer or licensed microbusiness authorized for retail sales who operates a consumption area on the licensed premises in accordance with Business and Professions Code section 26200(g) may also sell prepackaged, non-cannabis-infused, non-alcoholic food and beverages if the applicable local jurisdiction allows such sales.
(c) Nothing in this section shall be interpreted to prevent consumers from bringing or receiving non-cannabis-infused, non-alcoholic food and beverages from a restaurant or food delivery service for consumption in the designated consumption area on the licensed premises, if the applicable local jurisdiction allows such activities.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070, 26151 and 26152, Business and Professions Code.
§15408. Sale of Live Plants and Seeds.
(a) A licensed retailer shall only sell live, immature cannabis plants and cannabis seeds if all of the following requirements are met:
(1) The plant is not flowering and is shorter and narrower than 18 inches; and (2) The plant or seed originated from a licensed nursery that holds a valid license from the Department or a licensed microbusiness authorized to engage in cultivation. (b) A licensed retailer shall not apply or use any pesticide, on live plants. A licensed retailer shall not cause any pesticide to be applied or used on live plants.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26100, Business and Professions Code.

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§15409. Daily Limits.
(a) A licensed retailer shall not sell more than the following amounts to a single adult-use cannabis customer in a single day:
(1) 28.5 grams of non-concentrated cannabis.
(2) 8 grams of cannabis concentrate as defined in Business and Professions Code section 26001, including cannabis concentrate contained in cannabis products. (3) 6 immature cannabis plants.
(b) A licensed retailer shall not sell more than the following amounts to a single medicinal cannabis patient, or to a patient's primary caregiver purchasing medicinal cannabis on behalf of the patient, in a single day:
(1) 8 ounces of medicinal cannabis in the form of dried mature flowers or the plant conversion as provided in Health and Safety Code section 11362.77. (2) 12 immature cannabis plants.
(c) Notwithstanding subsection (b) of this section, if a medicinal cannabis patient's valid physician's recommendation contains a different amount than the limits listed in this section, the medicinal cannabis patient may purchase an amount of medicinal cannabis consistent with the patient's needs as recommended by a physician and documented in the physician's recommendation.
(d) The limits provided in subsection (a) and subsection (b) of this section shall not be combined to allow a customer to purchase cannabis goods in excess of any of the limits provided in this section.
(e) For the purposes of this section, a licensed retailer shall be responsible for determining that the amount of cannabis concentrates found in manufactured cannabis products sold to customers comply with the requirements of this section.

Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business and Professions Code; and Sections 11362.1 and 11362.77, Health and Safety Code.
§15410. Customer Return of Cannabis Goods.
(a) For the purposes of this section, “customer return” means a customer's return of cannabis goods that were purchased from a licensed retailer, back to the licensed retailer from whom the cannabis goods were purchased.
(b) A licensed retailer may accept customer returns of cannabis goods that were previously sold to a customer.
(c) A licensed retailer shall not resell cannabis goods that have been returned. (d) A licensed retailer shall treat any cannabis goods abandoned on the licensed retailer premises as a customer return.

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(e) Defective manufactured cannabis products returned by customers to a licensed retailer may be destroyed or returned to the licensed distributor from whom the cannabis goods were obtained.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26011.5, 26012 and 26070, Business and Professions Code. §15411. Requirements for Providing Free Cannabis Goods to Medicinal Consumers.
(a) A licensed retailer shall not provide free cannabis goods to any person. A licensed retailer shall not allow individuals who are not employed by the licensed retailer to provide free cannabis goods to any person on the licensed premises. (b) Notwithstanding subsection (a), in order to provide access to medicinal cannabis patients who have difficulty accessing medicinal cannabis goods, a licensee who holds an M-Retailer license, an M-Retailer Non-storefront license, or an M-Microbusiness license that is authorized for retail sales may provide free medicinal cannabis goods if the following criteria are met:
(1) Free cannabis goods are provided only to a medicinal cannabis patient or primary caregiver who possesses a valid physician’s recommendation for medicinal cannabis or cannabis products or a valid identification card issued under Health and Safety Code section 11362.71.
(A) Before providing free cannabis goods to a medicinal cannabis patient who does not possess a valid identification card issued under Health and Safety code section 11362.7, the licensed retailer shall do the following:
(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine that the attending physician providing the patient’s medicinal cannabis recommendation has a license in good standing to practice medicine or osteopathy in the State of California; (ii) Keep a copy of the patient’s or primary caregiver’s driver’s license or other government-issued identification; and
(iii) Prepare and retain written certification that the licensed retailer verified the physician’s recommendation as required by this section that includes the date and time of the verification, the name of the employee who conducted the verification, the name of the licensing board(s) contacted, the method by which the licensing board was contacted, and the name of the person at the licensing board who provided the verification if it was conducted orally, or a copy of the verification if it was provided in writing.
(B) After initially verifying a physician’s recommendation for a specific medicinal cannabis patient as required by this section, a licensed retailer shall also verify the physician’s recommendation at least annually, for the time period that the physician’s recommendation is valid.

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(C) A licensee shall not provide free cannabis goods to a medicinal cannabis patient or the patient’s primary caregiver if the physician’s recommendation has expired. (2) Prior to being provided to the patient or the patient’s primary caregiver, the cannabis goods have been properly designated for donation and recorded in the track and trace system.
(3) Except as provided under Revenue and Taxation Code section 34012.1, the donated cannabis goods shall comply with all statutory and regulatory requirements that apply to cannabis goods for sale, including those for cultivating, manufacturing, distributing, processing, storing, regulatory compliance testing, packaging, labeling, transporting, and delivering.
(4) The cannabis goods provided to a medicinal cannabis patient or the patient’s primary caregiver pursuant to this section shall be applied toward the daily purchase limit for a medicinal cannabis customer contained in section 15409 and the possession limits contained in Health and Safety Code section 11362.77.
(5) If cannabis goods are donated by a licensed retailer, then the sales invoice or receipt for the cannabis goods shall indicate that the cannabis goods were donated. (6) The provision of free cannabis goods shall be recorded in the track and trace system and the licensed retailer’s inventory records. The inventory records shall also include either the number of the medicinal cannabis patient’s identification card issued under Health and Safety Code section 11362.7 or a copy of a valid physician’s recommendation and the written certification that the recommendation was verified as required by this section.
(c) In addition to the provision of free cannabis goods in subsection (b), a licensed retailer may donate cannabis goods and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

The licensee shall ensure that all cannabis goods provided pursuant to this subsection comply with subsections (b)(4), (b)(5), and (b)(6).
(d) A licensed retailer may contract with an individual or organization to coordinate the provision of free cannabis goods on the licensee’s retail premises. All cannabis goods provided through an individual or organization pursuant to this subsection shall comply with the requirements of this section. The licensed retailer may be disciplined for violations of the Act that are committed by an individual or organization with whom the licensee has contracted.
(e) A licensed retailer authorized to engage in retail sales only through delivery shall provide free cannabis goods only by delivery. Free cannabis goods provided through delivery shall comply with the requirements of this section.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26013, 26153 and 26160, Business and Professions Code.

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§15412. Prohibition on Packaging and Labeling by a Retailer. (a) A licensed retailer shall not accept, possess, or sell cannabis goods that are not packaged as they will be sold at final sale, in compliance with this division. (b) A licensed retailer shall not package or label cannabis goods. (c) Notwithstanding subsection (b) of this section, a licensed retailer may place a barcode or similar sticker on the packaging of cannabis goods to be used in inventory tracking. A barcode or similar sticker placed on the packaging of a cannabis goods shall not obscure any labels required by the Act or this division.

Authority: Section 26013, Business and Professions Code. Reference: Section 26120, Business and Professions Code.
§15413. Cannabis Goods Packaging and Exit Packaging.
(a) All cannabis goods sold by a licensed retailer shall be in compliance with the packaging requirements in chapter 11.
(b) A package containing cannabis goods shall be tamper-evident and child-resistant. If the package contains multiple servings, the package must also be resealable. (c) All cannabis goods purchased by a customer shall not leave the licensed retailer’s premises unless the goods are placed in an opaque exit package. (d) Immature plants and seeds sold by a licensed retailer are not required to be placed in resealable, tamper-evident, child-resistant packaging.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070.1 and 26120, Business and Professions Code.
§15414. Non-Storefront Retailer.
(a) A non-storefront retailer licensee shall be authorized to conduct retail sales exclusively by delivery as defined in Business and Professions Code section 26001(o). (b) A complete application for a non-storefront retailer license shall include all the information required in an application for a retailer license. (c) A non-storefront retailer licensee shall comply with all the requirements applicable to retailer licensees, except for those provisions related to public access to the licensed premises and the retail area.
(d) The licensed premises of a non-storefront retailer licensee shall be closed to the public.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26070, Business and Professions Code.

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§15415. Delivery Employees.
(a) All deliveries of cannabis goods shall be performed by a delivery employee who is directly employed by a licensed retailer.
(b) Each delivery employee of a licensed retailer shall be at least 21 years of age. (c) All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unstaffed vehicle. (d) Deliveries of cannabis goods shall be received by customers only during the hours of operation established by section 15403. Delivery employees shall return to the licensed premises after making their last delivery of the day if they have any unsold cannabis goods to return to the premises.
(e) During the process of delivery, the licensed retailer’s delivery employee may not engage in any activities except for cannabis goods delivery and necessary rest, fuel, or vehicle repair stops.
(f) A delivery employee of a licensed retailer shall, during deliveries, carry a copy of the retailer’s current license, a copy of the QR Code Certificate issued by the Department, which complies with section 15039, subsection (d), the employee’s government-issued identification, and an identification badge provided by the employer pursuant to section 15043. A delivery employee shall provide a copy of the retail license, a copy of the QR Code Certificate, and their employee identification badge to a delivery customer upon request.
(g) Prior to providing cannabis goods to a delivery customer, a delivery employee shall confirm the identity and age of the delivery customer as required by section 15404 and ensure that all cannabis goods sold comply with requirements of section 15413. (h) A licensed retailer shall maintain an accurate list of the retailer’s delivery employees and shall provide the list to the Department upon request.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.
§15415.1. Deliveries Facilitated by Technology Platforms. (a) A licensed retailer or licensed microbusiness shall not sell or otherwise transfer any cannabis goods to a customer through the use of an unlicensed third party, intermediary business, broker, or any other business or entity.
(b) Notwithstanding subsection (a) of this section, a licensed retailer or licensed microbusiness may contract with a service that provides a technology platform to facilitate the sale and delivery of cannabis goods, in accordance with all of the following:
(1) The licensed retailer or licensed microbusiness does not allow for delivery of cannabis goods by the technology platform service provider.

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(2) The licensed retailer or licensed microbusiness does not share in the profits of the sale of cannabis goods with the technology platform service provider, or otherwise provide for a percentage or portion of the cannabis goods sales to the technology platform service provider.
(3) The licensed retailer or licensed microbusiness shall not advertise or market cannabis goods in conjunction with the technology platform service provider, outside of the technology platform, and shall ensure that the technology platform service provider does not use the licensed retailer's or licensed microbusiness's license number or legal business name on any advertisement or marketing that primarily promotes the services of the technology platform.
(4) The licensed retailer or licensed microbusiness shall ensure the following information is provided to customers:
(A) Any cannabis goods advertised or offered for sale on or through the technology platform shall disclose, at a minimum, the licensed retailer's or licensed microbusiness's legal business name and license number.
(B) Customers placing an order for cannabis goods through the technology platform shall be able to easily identify the licensed retailer or licensed microbusiness that each cannabis good is being ordered or purchased from. This information shall be available to the customer prior to the customer placing an order or purchasing the cannabis goods. (5) All required sales invoices and receipts, including any receipts provided to the customer, shall disclose, at a minimum, the licensed retailer's or licensed microbusiness's legal business name and license number. (6) All other delivery, marketing, and advertising requirements under this division are complied with.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26001, 26070, 26090, 26151 and 26152, Business and Professions Code. §15416. Delivery to a Physical Address.
(a) A delivery employee may only deliver cannabis goods to a physical address in California.
(b) A delivery employee shall not leave the State of California while possessing cannabis goods.
(c) A delivery employee shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.

This prohibition applies to land held in trust by the United States for a tribe or an individual tribal member unless the delivery is authorized by and consistent with applicable tribal law.
(d) A delivery employee may deliver to any jurisdiction within the State of California provided that such delivery is conducted in compliance with all delivery provisions of this division.

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(e) A delivery employee shall not deliver cannabis goods to a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.
§15417. Delivery Vehicle Requirements.
(a) A licensed retailer’s delivery employee, carrying cannabis goods for delivery, shall only travel in an enclosed motor vehicle. Any vehicle used in the delivery of cannabis goods shall be operated by a delivery employee of the licensee. A vehicle used in the delivery of cannabis goods shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery. Only the licensee or an employee of the retailer licensee for whom delivery is being performed shall be in the delivery vehicle.
(b) While carrying cannabis goods for delivery, a licensed retailer’s delivery employee shall ensure the cannabis goods are not visible to the public. Cannabis goods shall be stored in a secure, fully enclosed trunk that cannot be accessed from inside the vehicle, or in a secured area or compartment within the interior of the vehicle. A “secured area” is defined as an area where solid or locking metal partitions, cages, or high-strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed vehicle. The secured area may be comprised on three sides by any part of the body of the vehicle, provided the parts of the vehicle used for the purposes of this section are shatterproof and are not made of glass.
(c) A licensed retailer’s delivery employee shall not leave cannabis goods in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system. Any cannabis goods left in an unattended vehicle must be stored in a container as required in subsection (b).
(d) A vehicle used for the delivery of cannabis goods shall be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in delivery. A dedicated GPS device must be owned by the licensee and used for delivery only. The device shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active and inside of the delivery vehicle at all times during delivery. At all times, the licensed retailer shall be able to identify the geographic location of all delivery vehicles that are making deliveries for the licensed retailer and document the history of all locations traveled to by a delivery employee while engaged in delivery. A licensed retailer shall provide this information to the Department upon request. The history of all locations traveled to by a delivery employee while engaging in delivery shall be maintained by the licensee for a minimum of 90 days.
(e) Upon request, a licensed retailer shall provide the Department with information regarding any motor vehicle used for the delivery of cannabis goods, including the vehicle’s make, model, color, Vehicle Identification Number, license plate number and Department of Motor Vehicles registration information.

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(f) Any motor vehicle used by a licensed retailer to deliver cannabis goods is subject to inspection by the Department. Vehicles used to deliver cannabis goods may be stopped and inspected by the Department at any licensed premises or during delivery.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.
§15418. Cannabis Goods Carried During Delivery.
(a) A licensed retailer's delivery employee shall not carry cannabis goods in the delivery vehicle with a value in excess of $10,000 at any time.
(b) For the purposes of this section, the value of cannabis goods shall be determined using the current retail price of all cannabis goods carried by, or within the delivery vehicle of, the licensed retailer's delivery employee.
(c) A delivery employee may only carry cannabis goods, cannabis accessories, branded merchandise of any licensee, or promotional materials in the delivery vehicle and may only perform deliveries for one licensed retailer at a time. A delivery employee must depart and return to the same licensed premises before taking possession of any cannabis goods from another licensee to perform deliveries. (d) Before leaving the licensed premises, the licensed retailer's delivery employee must have a delivery inventory ledger of all cannabis goods provided to the licensed retailer's delivery employee. The contents of the delivery inventory ledger must comply with the requirements of section 15049.3. During the delivery trip, as defined in section 15049.3, the delivery employee shall maintain the delivery inventory ledger in hard copy or electronically, the latter of which may be an electronic copy maintained in the track and trace system. The delivery inventory ledger must be updated after each completed delivery to reflect the remaining inventory carried by the delivery employee. The delivery inventory ledger must otherwise be updated in accordance with the requirements of section 15049.3, and then entered into the track and trace system no later than the end of the calendar day on which the delivery trip occurred. (e) The licensed retailer's delivery employee shall maintain a log that includes all stops from the time the licensed retailer's delivery employee leaves the licensed premises to the time that the licensed retailer's delivery employee returns to the licensed premises, and the reason for each stop. The log shall be turned in to the licensed retailer when the licensed retailer's delivery employee returns to the licensed premises. The licensed retailer must maintain the log as a commercial cannabis activity record as required by this division. The log may be maintained electronically. (f) Prior to arrival at any delivery location, the licensed retailer must have received a delivery request from the customer and provided the delivery request receipt to the licensed retailer's delivery employee electronically or in hard copy. The delivery request receipt provided to the licensed retailer's delivery employee shall contain all of the information required in section 15420, except for the date and time the delivery was made, and the signature of the customer.

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(g) Immediately upon request by the Department or any law enforcement officer, the licensed retailer's delivery employee shall provide:
(1) The delivery inventory ledger from the time the licensed retailer's delivery employee left the licensed premises up to the time of the request; (2) All delivery request receipts for cannabis goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and (3) The log of all stops from the time the licensed retailer's delivery employee left the licensed premises up to the time of the request.
(h) If a licensed retailer's delivery employee does not have any delivery requests to be performed for a 30-minute period, the licensed retailer's delivery employee shall not make any additional deliveries and shall return to the licensed premises. Required meal breaks shall not count toward the 30-minute period.
(i) Upon returning to the licensed premises, all undelivered cannabis goods shall be returned to the licensed retailer’s inventory and recorded within the track and trace system in accordance with section 15049.3.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26067, 26068, 26070, 26090 and 26160, Business and Professions Code. §15419. Cannabis Consumption During Delivery.

A licensed retailer’s delivery employees shall not consume cannabis or cannabis products while delivering cannabis goods to customers.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.
§15420. Delivery Request Receipt.

A licensed retailer shall prepare a hard copy or electronic delivery request receipt for each delivery of cannabis goods.
(a) The delivery request receipt shall contain the following:
(1) The legal business name and license number of the licensed retailer; (2) The first name and employee number of the licensed retailer's delivery employee who delivered the order;
(3) The first name and employee number of the licensed retailer's employee who prepared the order for delivery;
(4) The first name of the customer and a licensed retailer-assigned customer number for the person who requested the delivery;
(5) The date and time the delivery request was made;
(6) The delivery address;
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(7) A detailed description of all cannabis goods requested for delivery. The description shall include the weight, volume, or any other accurate measure of the amount of all cannabis goods requested;
(8) The total amount paid for the delivery, including any taxes or fees, the cost of the cannabis goods, and any other charges related to the delivery; and (9) Upon delivery, the date and time the delivery was made, and the handwritten or electronic signature of the customer who received the delivery. (b) At the time of the delivery, the delivery employee of the retailer shall provide the customer who placed the order with a hard or electronic copy of the delivery request receipt. The delivery employee shall retain a hard or electronic copy of the signed delivery request receipt for the licensed retailer's records. (c) For the purposes of this section, an employee number is a distinct number assigned by a licensed retailer to an employee that would allow the licensed retailer to identify the employee in documents or records using the employee number rather than the employee's full name. A licensed retailer shall be able to identify the employee associated with each employee number upon request from the Department. (d) For the purposes of this section, a customer number is a distinct number assigned by a licensed retailer to a customer that would allow the licensed retailer to identify the customer in documents or records using the customer number rather than the customer's full name. A licensed retailer shall be able to identify the customer associated with each customer number upon request from the Department.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26070, 26090 and 26160, Business and Professions Code.
§15421. Delivery Route.

While making deliveries of cannabis goods, a licensed retailer's delivery employee shall only travel from the retailer's licensed premises to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the retailer's licensed premises. A delivery employee of a licensed retailer shall not deviate from the delivery path described in this section, except for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route unsafe, impossible, or impracticable.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.
§15422. Receiving Shipments of Inventory.
(a) A licensed retailer shall receive a shipment of cannabis goods only from a licensed distributor or licensed microbusiness authorized to engage in distribution. (b) A licensed retailer shall accept shipments of cannabis goods only between the hours of 6:00 a.m. Pacific Time and 10:00 p.m. Pacific Time.

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(c) During business hours, shipments of cannabis goods shall not enter the licensed premises through an entrance or exit that is available for use by the public. (d) A licensed retailer whose licensed premises only has one entryway may be exempt from the requirements of subsection (c) of this section if the licensed retailer obtains authorization from the local jurisdiction explicitly authorizing this activity. The licensed retailer shall be required to provide this authorization to the Department upon request.

For this section to apply, the licensed premises must physically have only one entryway and cannot have any other entryways.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26070, Business and Professions Code.
§15423. Inventory Documentation.

A licensed retailer shall maintain an accurate record of its inventory. A licensed retailer shall provide the Department with the record of inventory immediately upon request. A licensed retailer shall keep a record of the following information for all cannabis goods the licensed retailer has in its inventory:
(a) A description of each item such that the cannabis goods can easily be identified; (b) An accurate measurement of the quantity of the item; (c) The date and time the cannabis goods were received by the licensed retailer; (d) The sell-by or expiration date provided on the package of cannabis goods, if any; (e) The name and license number of the licensed distributor or licensed microbusiness that transported the cannabis goods to the licensed retailer; and (f) The price the licensed retailer paid for the cannabis goods, including taxes, delivery costs, and any other costs.

Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business and Professions Code.
§15424. Inventory Reconciliation.
(a) A licensed retailer shall be able to account for all of its inventory. (b) In conducting an inventory reconciliation, a licensed retailer shall verify that the licensed retailer's physical inventory is consistent with the licensed retailer's records pertaining to inventory.
(c) The result of inventory reconciliation shall be retained in the licensed retailer's records and shall be made available to the Department upon request. (d) If a licensed retailer identifies any evidence of theft, diversion, or loss, the licensed retailer shall notify the Department and law enforcement pursuant to section 15036 of this division.

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(e) If a significant discrepancy as defined in section 15034 of this division is discovered between a licensed retailer's physical inventory and the licensed retailer's inventory records, the licensed retailer shall notify the Department and law enforcement pursuant to section 15036 of this division.

Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business and Professions Code.
§15427. Retailer Premises-to-Retailer Premises Transfer. (a) A licensee who holds multiple retail licenses may arrange for the transfer of cannabis goods from one licensed retail premises to another licensed retail premises if both retail licenses are held by the same sole proprietor or business entity. (b) Cannabis goods transferred to a licensed retail premises under subsection (a) may be sold by the licensed retailer receiving the cannabis goods only if the cannabis goods comply with all requirements found in the Act and this division. (c) The transportation of cannabis goods under this section must comply with all requirements found within the Act and this division.
(d) Any movement of cannabis goods under this section shall be properly entered into the track and trace system.

Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.

Chapter 4. Microbusiness
§ 15500. Microbusiness.
(a) In order to hold a microbusiness license, a licensee must engage in at least three (3) of the following commercial cannabis activities: cultivation, manufacturing, distribution, and retail sale. License types created by the Department in regulation shall not be considered qualifying commercial cannabis activities for purposes of obtaining a microbusiness license, except for the Type N manufacturing license and the distributor transport only license.
(b) An applicant for a microbusiness license shall indicate on the application for licensure all commercial cannabis activities in which the applicant intends to engage. (c) All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a microbusiness license shall occur on the same licensed premises. (d) A holder of a microbusiness license engaged in cultivation shall comply with all the rules and requirements applicable to the cultivation license type suitable for the cultivation activities of the licensee.
(e) A holder of a microbusiness license engaged in manufacturing shall comply with all the rules and requirements applicable to a Manufacturer 1 license in this division.

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PROJECT City of Willows Ordinance Review BY MCH FIGURE
CLIENT City of Willows CHECK BET 1
LOCATION City of Willows, CA DATE 9/03/2024 JOB NO.
600 Foot Setbacks From Schools 10560.00
REUSE OF DOCUMENTS: This document and the ideas and design incorporated herein, as an instrument of professional service, is the property of LACO Associates and shall not be reused in whole or part for any other project without LACO Associates express written authorization.

MURDOCK ELEMENTARY

WALDEN ACADEMY

WILLOWS HIGH

JOYFUL NOI

PRESCHOOL
SE

VILLA AVENUE HEAD START
Schools
600 Foot Setback

WILLOWS INTERMEDIATE

BLESSED BEGINNINGS

CHRISTIAN PRESCHOOL

GLENN COUNTY ROP

GLENN COUNTY SPECIAL EDUCATION

WILLOWS COMMUNITY HIGH
Note:

The information illustrated in this map
was derived from publicly-available
GIS data. LACO Associates cannot
guarantee the accuracy of the data.
0 1,000 2,000 Feet
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Attachment 8

_____________________________________________________________________ Agenda Item #8b
Date: November 26, 2024
To: Honorable Mayor and Councilmembers
From: Joe Bettencourt, Community Development & Services Director Marti Brown, City Manager
Subject: Ordinance 761-2024 - Retail Cannabis Dispensary Business in General Commercial and Light Industrial Zones
Recommendation:

Conduct a Public Hearing and, upon conclusion, introduce Ordinance 761-2024 authorizing an amendment to the Willows Municipal Code chapter 18.60.030 to allow cannabis retail/dispensary businesses in the General Commercial Zone with a Conditional Use Permit.

Rationale for Recommendation:

As directed by Council at the September 10, 2024, City Council meeting, staff is bringing forward the first reading of Ordinance 761-2024 (Attachment 1) to allow cannabis retail/dispensary businesses in the General Commercial Zone and Light Industrial Zone with a Conditional Use Permit.

The Willows Municipal Code states that uses requiring a Conditional Use Permit for the Light Industrial Zone include retail stores and business or service enterprises, which, in the opinion of the planning commission, are similar to those included in WMC 18.60.030 (CG district). Therefore, approving Ordinance 761-2024 would also allow Retail Cannabis Dispensary Businesses in the Light Industrial Zone.

Staff will publish the required public notices and hold a Public Hearing to adopt Ordinance 761-2024 at the December 10, 2024, City of Willows City Council meeting.

Background:

On November 28, 2017, the Willows City Council adopted a Cannabis Ordinance #736-2017 (Attachment 2) to facilitate the approval, regulation, and operation of cannabis businesses. This ordinance, as chaptered in the WMC along with State laws (Attachment 3) and regulations, imposes strict zoning, security, and operational requirements on cannabis dispensaries. Thereafter, the Willows City Council adopted Resolution #32-2017 (Attachment 4), which established a maximum of two licenses for cannabis retail/dispensary businesses with the City of Willows, 1,000-foot setbacks from churches, schools, licensed daycare or preschool facilities, playgrounds and/or parks for retail cannabis dispensaries and directed the Planning Commission to review zoning to determine where retail cannabis businesses could operate. In July of 2018, Ordinances #738- 2018 and #739-2018 (Attachment 117 140

Agenda Item #8b
5 & 6) were passed by the City Council. They amended the Willows Municipal Code to allow retail cannabis dispensaries in Highway Commercial and combined zones (General Commercial/Light Industrial/Planned Development and General Commercial/Planned Development) with a Conditional Use Permit.

The City of Willows Municipal Code (WMC) Section 9.20.070 allows for the commercial sale of Cannabis and Cannabis products for medical and non-medical uses, subject to the conditions set forth in this code, and only in zones in which such sales are permitted uses pursuant to WMC Title 18.

At the February 14, 2023, City Council meeting, a public hearing was held, and a Resolution was passed approving a business license for Sundial Collective. Since approval, Sundial Collective has never moved forward with the construction of the project in South Willows, and the permit has now expired. Before Sundial Collective, Element 7 was another approved dispensary application whose permit also expired before the project was even started. In both instances, the applicants would have preferred to occupy existing buildings (because they were more affordable). Still, they could not find buildings within the city limits that satisfied the city’s distance and/or zoning requirements. As a result, they resolved to construct new buildings; however, they both allowed their permits to expire, and staff could not contact them – they “disappeared.”
At the May 28, 2024, City Council meeting, Resolution #19-2024 (Attachment 7) was adopted to remove all setback requirements from churches, licensed daycares, playgrounds, and parks. Still, it retained a 1,000-foot setback requirement from schools (e.g., preschool through 12th grade). The Council also directed staff to present zoning modification options to the Planning Commission for consideration and to return to the Council with any Commission recommendations to modify the zoning for retail cannabis businesses.

At the July 17, 2024, Planning Commission meeting, staff presented this information and requested direction on whether to modify the zoning in which a retail cannabis business may operate with a Conditional Use Permit. The Planning Commission elected to take no action to modify the zoning in which retail cannabis businesses may operate.

The item was brought back to the City Council at the September 10, 2024, meeting, and the staff was directed to prepare an Ordinance to modify the Willows Municipal Code to allow cannabis retail/dispensary businesses in the Central Commercial, General Commercial, and Light Industrial Zones and reduce the setback from schools to 600 feet.

Discussion & Analysis:

There is minimally developed land (e.g., a suitable structure for retail cannabis dispensary businesses) in the Highway Commercial and Mixed-Use zones. Allowing cannabis retail/dispensary businesses in the General Commercial and Light Industrial Zones creates an opportunity for potential businesses to access developed land, which is a significant investment incentive. It is also an opportunity to direct traffic from I-5 into the city’s downtown business corridor. This has the potential to positively affect surrounding businesses by increasing foot traffic to the area. Attachment 8 is a map showing the General Commercial and Light Industrial Zone with a 600 ft. setback from schools. 118 141

Agenda Item #8b
General Commercial
The following uses and structures are currently allowed in General Commercial zoning if a conditional use permit has been issued:
(1) All uses permitted in any residential zones.
(2) Boardinghouses, group dwellings, and churches.
(3) Bars and cocktail lounges.
(4) Adult businesses.
(5) Major automobile and equipment repair service stations. (6) Automobile and equipment sales and service including used car lots. (7) Wholesale distribution uses and warehouses.
(8) Hotels, motels, hospitals, sanitariums, and rest homes. (9) Other commercial uses in the opinion of the planning commission which are of similar nature to those uses listed above.
(10) Emergency shelters, 50 beds or more, subject to development and managerial standards per WMC 18.110.111.
(11) Cannabis retail/dispensary business in combined CG/ML/PD or CG/PD zones subject to development standards and WMC 9.20.070 to 9.20.080 and defined in WMC 8.10.010. [Ord. 738-18 § 1, 8-14-18; Ord. 733-17 § 1, 11-14-17; Ord. 701-11 § 1, 7-12-11; Ord. 632-91 § 16.03, 10-22-91].

Light Industrial
The following uses and structures are currently allowed in Light Industrial zoning if a conditional use permit has been issued:

In the opinion of the planning commission, retail stores and business or service enterprises are similar to those included in WMC 18.60.030 (CG district). [Ord. 632-91 § 18.03, 10-22-91].

Consistency with Council Priorities and Goals:

Consideration of allowing Retail Cannabis Dispensary Businesses in the Central Commercial Zone is consistent with the Council’s Priority #1: Financial Stability, and Priority #2: Economic Development.

Fiscal Impact:

While it is uncertain exactly how much revenue might be generated by modifying the zoning and/or reducing setback requirements for retail cannabis businesses, two retail business licenses in the city limits would certainly increase sales tax revenue and encourage the placement of a local cannabis business tax on a future ballot.

Attachments:
 Attachment 1: Proposed Ordinance #761-2024
 Attachment 2: Ordinance #736-2017
 Attachment 3: State Cannabis Regulations
 Attachment 4: Resolution #32-2017
 Attachment 5: Ordinance #738- 2018
 Attachment 6: Ordinance #739-2018
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Agenda Item #8b
 Attachment 7: Resolution #19-2024
 Attachment 8: General Commercial and Light Industrial Zone Map w/600-foot Setback from Schools
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City of Willows
Ordinance 761-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLOWS AMENDING CHAPTER 18.60.030 CG

GENERAL COMMERCIAL DISTRICT OF THE CITY OF WILLOWS MUNICIPAL CODE SPECIFICALLY TO AMEND SECTION 18.60.030(11) TO ALLOW CANNABIS RETAIL DISPENSARY BUSINESSES IN THE

GENERAL COMMERCIAL ZONE, ALL OTHER TEXT IS TO REMAIN UNCHANGED NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILLOWS does ordain as follows:

SECTION 1: The City Council does hereby amend Chapter 18.60.030 of the Willows Municipal Code, specifically amending section 18.60.030(11), Chapter 18.60.030 of the City of Willows Municipal Code is hereby amended to read as follows;

18.60.030 Uses permitted with a conditional use permit.

The following uses and structures may be permitted in the CG district only if a conditional use permit has first been secured:
(1) All uses permitted in any residential zones.
(2) Boardinghouses, group dwellings, and churches.
(3) Bars and cocktail lounges.
(4) Adult businesses.
(5) Major automobile and equipment repair service stations. (6) Automobile and equipment sales and service including used car lots. (7) Wholesale distribution uses and warehouses.
(8) Hotels, motels, hospitals, sanitariums, and rest homes. (9) Other commercial uses in the opinion of the planning commission which are of similar nature to those uses listed above.
(10) Emergency shelters, 50 beds or more, subject to development and managerial standards per WMC 18.110.111.
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Attachment 1

___________________________ ________________________
(11) Cannabis retail/dispensary business in General Commercial (CG), combined CG/ML/PD or CG/PD zones subject to development standards and WMC 9.20.070 to 9.20.080 and defined in WMC 8.10.010. [Ord. 738-18 § 1, 8-14-18; Ord. 733-17 § 1, 11-14-17; Ord. 701-11 § 1, 7-12-11; Ord. 632-91 § 16.03, 10- 22-91].

SECTION 2: The City Council of the City of Willows finds that the forgoing amendment and adoption of Ordinance No. 761-2024 is consistent with the General Plan, all applicable specific plans and the City of Willows Zoning Ordinance.

SECTION 3: The City Council of the City of Willows further finds that the project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3); and SECTION 4: Severability- Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 5: Judicial Review- The time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6
SECTION 6: Effective Date- This ordinance shall take effect and be in force thirty (30) days after its adoption as provided by Government Code Section 36937.

INTRODUCED first reading on the 26th day of November 2024.

PASSED AND ADOPTED by the City Council of the City of Willows this 10th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:

Gary Hansen, Mayor Tara Rustenhoven, City Clerk
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(f) Holding a distributor transport only license shall not authorize a licensee to:
(1) Engage in the delivery of cannabis or cannabis products as defined in Business and Professions Code section 26001(o);
(2) Engage in the wholesale, destruction, packaging, labeling, or storing of cannabis or cannabis products; or
(3) Arrange for the regulatory compliance testing of cannabis or cannabis products by a testing laboratory.
(g) A distributor transport only licensee who is licensed to engage in self-distribution and whose licensed premises will be on the same property as their licensed cultivation or licensed manufacturing premises shall comply with the security provisions contained in chapter 1, article 5 that are applicable to their licensed cultivation or licensed manufacturing premises.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26070, Business and Professions Code.

Chapter 3. Retailers
§15400. Access to Retailer Premises.
(a) Access to the licensed premises of a retailer with only an A-designation shall be limited to individuals who are at least 21 years of age. (b) Access to the licensed premises of a retailer with only an M-designation shall be limited to individuals who are at least 18 years of age and have a valid physician's recommendation for medicinal cannabis, and individuals who are at least 21 years of age.
(c) Access to the licensed premises of a retailer with both an A- designation and an Mdesignation may include persons identified in subsections (a) and (b) of this section.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26140, Business and Professions Code.
§15402. Customer Access to the Retail Area.
(a) Individuals shall be granted access to the retail area to purchase cannabis goods only after the retailer or an employee of the retailer has confirmed the individual’s age and identity pursuant to section 15404.
(b) The licensed retailer or at least one employee shall be physically present in the retail area at all times when individuals who are not employees of the licensed retailer are in the retail area.
(c) All sales of cannabis goods must take place within the retail area of the retailer’s licensed premises, except for cannabis goods sold through delivery, a drive-in or drivethrough window as authorized by section 15025(e), or curbside delivery as provided in subsection (d).

Department of Cannabis Control
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Attachment 3

(d) A licensed retailer or licensed microbusiness authorized to engage in storefront sales at their licensed premises may conduct sales through curbside delivery. Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle parked immediately outside the licensed retail premises. Curbside delivery of cannabis goods must occur under video surveillance and meet the requirements of section 15044, subsection (e) for recording point-of-sale areas. Retail employees engaging in curbside delivery must verify each customer’s age pursuant to subsection (a). Licensed retailers who are only authorized to engage in retail sales through delivery shall not conduct sales through curbside delivery.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26140, Business and Professions Code.
§15403. Hours of Operation.

A licensed retailer shall sell and deliver cannabis goods only between the hours of 6:00 a.m. Pacific Time and 10:00 p.m. Pacific Time.

Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.
§15403.1. Requirements While Not Open for Business.

At any time the licensed premises is not open for retail sales, a licensed retailer shall ensure that:
(a) The licensed premises is securely locked with commercial-grade, nonresidential door locks as required in section 15046 of this division;
(b) The licensed premises is equipped with an active alarm system pursuant to section 15047 of this division, which shall be activated when the licensed retailer or its employees are not on the licensed premises; and
(c) Only employees of the licensee and other authorized individuals are allowed access to the licensed premises. For the purposes of this section, authorized individuals include individuals employed by the licensee as well as any outside vendors, contractors, or other individuals conducting business that requires access to the licensed premises.

Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.
§15404. Retail Customers.
(a) A licensed retailer shall only sell adult-use cannabis goods to individuals who are at least 21 years of age after confirming the customer's age and identity by inspecting a valid form of identification provided by the customer as required by subsection (c) of this section.
(b) A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation after confirming Department of Cannabis Control
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Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.
§15406. Cannabis Goods for Sale.

A licensed retailer shall not make any cannabis goods available for sale or delivery to a customer unless:
(a) The cannabis goods were received by the licensed retailer from a licensed distributor or licensed microbusiness authorized to engage in distribution; (b) The licensed retailer has verified that the cannabis goods have not exceeded their best-by, sell-by, or expiration date if one is provided; (c) In the case of manufactured cannabis products, the product complies with all requirements of Business and Professions Code section 26130; (d) The cannabis goods have undergone regulatory compliance testing as required by the Act and chapter 6;
Department of Cannabis Control
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Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26100, Business and Professions Code.

Department of Cannabis Control
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Department of Cannabis Control
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(e) Defective manufactured cannabis products returned by customers to a licensed retailer may be destroyed or returned to the licensed distributor from whom the cannabis goods were obtained.

Department of Cannabis Control
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Authority: Section 26013, Business and Professions Code. Reference: Sections 26013, 26153 and 26160, Business and Professions Code.

Department of Cannabis Control
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Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26070, Business and Professions Code.

Department of Cannabis Control
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Department of Cannabis Control
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Department of Cannabis Control
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(e) A delivery employee shall not deliver cannabis goods to a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center.

Department of Cannabis Control
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Department of Cannabis Control
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Authority: Section 26013, Business and Professions Code. Reference: Sections 26067, 26068, 26070, 26090 and 26160, Business and Professions Code. §15419. Cannabis Consumption During Delivery.

A licensed retailer’s delivery employees shall not consume cannabis or cannabis products while delivering cannabis goods to customers.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.
§15420. Delivery Request Receipt.

A licensed retailer shall prepare a hard copy or electronic delivery request receipt for each delivery of cannabis goods.
(a) The delivery request receipt shall contain the following:
(1) The legal business name and license number of the licensed retailer; (2) The first name and employee number of the licensed retailer's delivery employee who delivered the order;
(3) The first name and employee number of the licensed retailer's employee who prepared the order for delivery;
(4) The first name of the customer and a licensed retailer-assigned customer number for the person who requested the delivery;
(5) The date and time the delivery request was made;
(6) The delivery address;
Department of Cannabis Control
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Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26070, 26090 and 26160, Business and Professions Code.
§15421. Delivery Route.

Department of Cannabis Control
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For this section to apply, the licensed premises must physically have only one entryway and cannot have any other entryways.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26070, Business and Professions Code.
§15423. Inventory Documentation.

Department of Cannabis Control
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Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.

Department of Cannabis Control
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Attachment 4
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Attachment 5
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Attachment 6
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Attachment 7
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MURDOCK ELEMENTARY

WALDEN ACADEMY

WILLOWS HIGH

JOYFUL NOI

PRESCHOOL
SE

VILLA AVENUE HEAD START
Schools
600 Foot Setback

WILLOWS INTERMEDIATE

BLESSED BEGINNINGS

CHRISTIAN PRESCHOOL

GLENN COUNTY ROP

GLENN COUNTY SPECIAL EDUCATION

WILLOWS COMMUNITY HIGH
Note:

The information illustrated in this map
was derived from publicly-available
GIS data. LACO Associates cannot
guarantee the accuracy of the data.
0 1,000 2,000 Feet
190 213
Attachment 8

DISCUSSION & ACTION

CALENDAR
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_____________________________________________________________________ Agenda Item #9a
Date: November 26, 2024
To: Honorable Mayor and Councilmembers
From: Joe Bettencourt, Community Development & Services Director Marti Brown, City Manager
Subject: Modify Distance Requirements for Cannabis Retail Dispensary Businesses Recommendation:

Adopt Resolution XX-2024, modifying distance requirements between cannabis retail dispensary businesses and preschool through grade 12 schools from one thousand feet (1,000 feet) to six hundred feet (600 feet).

Rationale for Recommendation:

As directed by the Council at the September 10, 2024, City Council meeting, staff is bringing forward Resolution XX-2024 (Attachment 1) to modify distance requirements between cannabis retail/dispensary businesses and preschool through grade 12 schools from 1,000 feet to 600 feet.

Background:

On November 28, 2017, the Willows City Council adopted a Cannabis Ordinance #736-2017 to facilitate the approval, regulation, and operation of cannabis businesses. As chaptered in the WMC along with State laws and regulations, this ordinance imposes strict zoning, security, and operational requirements on cannabis retail dispensary businesses.

Thereafter, the Willows City Council adopted resolution #32-2017 (Attachment 2), which established 1,000-foot setbacks from churches, schools, licensed daycare or preschool facilities, playgrounds, and/or parks for cannabis retail dispensary businesses.

At the May 28, 2024, City Council meeting, resolution #19-2024 (Attachment 3) was adopted to remove all setback requirements from churches, licensed daycares, playgrounds, and parks.

Still, it retained a 1,000-foot setback requirement from preschool through 12th grade from cannabis retail dispensary businesses.
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Agenda Item #9a
Discussion & Analysis:

Under most circumstances, dispensary applicants prefer to occupy an existing building as there are financial benefits compared to purchasing land and constructing a new building. By reducing the distance requirements to 600 feet from preschool through grade 12 schools, the city will increase the opportunity for investment of private cannabis retail dispensary businesses in existing structures and allowable zoned areas. Attachment 4 shows a 600-foot setback from schools and proposed cannabis retail dispensary businesses zones (green) and approved zones (blue).

Consistency with Council Priorities and Goals:

Fiscal Impact:

While it is uncertain exactly how much revenue might be generated by modifying the setback requirements for retail cannabis dispensary businesses, two retail business licenses in the city limits would certainly increase sales tax revenue and encourage the placement of a local cannabis business tax on a future ballot.

Attachments:
 Attachment 1: Council Resolution XX-2024
 Attachment 2: Council Resolution 32-2017
 Attachment 3: Council Resolution 19-2024
 Attachment 4: Map of 600-foot Distance Requirement from Schools 193 216

City of Willows
Resolution XX-2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLOWS, STATE OF CALIFORNIA, MODIFYING RESOLUTION 32-2017’S DISTANCE REQUIREMENTS FOR CANNABIS RETAIL/DISPENSARY BUSINESSES WHEREAS, on November 28, 2017 the City Council of the City of Willows enacted “An Ordinance of the City Council of the City of Willows Repealing Willows Municipal Code Chapter 9.20 (“Medical Marijuana”), Adopting New Chapter 9.20 (“Cannabis”), Repealing Chapter 8.10.010 (“Definitions”), Adopting New Chapter 8.10.010, and Amending Chapter 8.10 (“Nuisance”) to Regulate Cannabis, Use, Cultivation, Sales, and Other Cannabis Activities in the City of Willows” (hereafter the “Cannabis Ordinance”); and
WHEREAS, the City Council of the City of Willows, pursuant to Chapter 9.20.070 of the Cannabis Ordinance has authorized the establishment of retail and dispensary businesses selling both medical and non-medical cannabis within the City of Willows; and WHEREAS, Chapter 9.20.070 of the Cannabis Ordinance requires the City Council to adopt a resolution establishing the maximum number of cannabis retail/dispensary business licenses that may be issued within the City of Willows in order to prevent excessive concentrations of such businesses, and to set other special conditions that may be necessary and appropriate for the regulation of such businesses; and
WHEREAS, The City Council of the City of Willows approved resolution 32-2017, which established that no such cannabis retail/dispensary businesses license shall be issued for any business location, and no such license holder may conduct business in any location, nearer than one thousand (1,000) feet to any church, elementary school, middle school, high school, licensed daycare or preschool facility, playground or parks; and
WHEREAS, The City Council of the City of Willows approved Resolution 19-2024 which removed all distance requirements between cannabis retail/dispensary businesses and church’s, licensed daycares, playgrounds and parks but kept the distance requirement between preschool through 12th grade schools at one thousand linear (1,000) feet linear radius measured from property line to property line of a school and;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WILLOWS AS FOLLOWS:

1. Resolution 19-2024 adopted on May 28, 2024, is repealed in its entirety and;

2. That no such cannabis retail/dispensary businesses license shall be issued for any business location, and no such license holder may conduct business in any location, nearer than six 194 217
Attachment 1

_____________________________
hundred linear (600) feet linear radius measured from property line to property line of a school (preschool through 12th grade) and;

3. This Resolution supersedes the following provision of Resolution 32-2017 “2. That no such Retail/Dispensary Cannabis License shall be issued for any business location, and no such license holder may conduct business in any location, nearer than one thousand (1,000) feet to any church, elementary school, middle school, high school, licensed daycare or preschool facility, playground or parks”; and

4. All other provisions of Resolution 32-2017 shall remain in full force and effect.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on this 26th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Gary Hansen, Mayor
ATTESTED:
____________________________
Tara Rustenhoven, City Clerk
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Attachment 2
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Attachment 3
199 222

MURDOCK ELEMENTARY

WALDEN ACADEMY

WILLOWS HIGH

JOYFUL NOI

PRESCHOOL
SE

VILLA AVENUE HEAD START
Schools
600 Foot Setback

WILLOWS INTERMEDIATE

BLESSED BEGINNINGS

CHRISTIAN PRESCHOOL

GLENN COUNTY ROP

GLENN COUNTY SPECIAL EDUCATION

WILLOWS COMMUNITY HIGH
Note:

The information illustrated in this map
was derived from publicly-available
GIS data. LACO Associates cannot
guarantee the accuracy of the data.
0 1,000 2,000 Feet
200 223
Attachment 4

COMMENTS AND

REPORTS
201 224

Willows City CouncilNovember 26, 2024

Willows City Council
November 26, 2024