Alameda County Municipal Code Ch. 6.109 Combined Cannabis Operations

The purpose and intent of this chapter is to implement state law by providing a means for regulating the operation of combined cannabis operations) in a manner that is consistent with state law and which promotes the health, safety and general welfare of the residents and businesses within the unincorporated areas of the County of Alameda.

(Ord. No. 2019-22, § 2, 6-18-19)

The following words and phrases shall have the following meanings when used in this chapter:

"Applicant" means a person who seeks a permit under this chapter by filing an application as provided for in this chapter.

"Application" means that form provided by the director and submitted by an applicant in accordance with this chapter for the purpose of seeking a permit.

"Bureau" means the Bureau of Cannabis Control within the California Department of Consumer Affairs.

"Cannabis" shall have the same definition as in Business and Professions Code Section 26001(f), which defines "cannabis" as all parts of the plant 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 purposes of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

"Cannabis concentrate" or "concentrate" shall have the same definition as in Business and Professions Code Section 26001(h), which defines "cannabis concentrate" to mean 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 chapter.

"Cannabis cultivation," "cultivate" or "cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming including any associated storage, of cannabis, including cannabis for medicinal use and/or adult-use in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Cannabis cultivation includes the operations of a cannabis nursery. Cannabis cultivation does not mean the temporary maintenance and selling of clones from a permitted retail operator, where such activities are incidental and subordinate to the primary retail operation.

"Cannabis cultivation site" means a premises where one or more commercial cannabis cultivation activities takes place.

"Cannabis delivery" or "delivery" means the commercial transfer of cannabis or cannabis products from a retail operation to a retail customer. "Delivery" also includes the use by a retail operation of a technology platform that enables retail customers to arrange for or facilitate retail sale and delivery of cannabis or cannabis products.

"Cannabis distribution" or, as used in this chapter, "distribute" or "distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to the provisions of Division 10 of the California Business and Professions Code.

"Combined cannabis operation" means a cannabis operation that engages in at least three of the following commercial cannabis operations on one premises: cultivation, distribution, manufacturing and retail.

"Cannabis manufacture" or, as used in this chapter, "manufacturing" or "manufacture" means the process by which the raw agricultural cannabis is transformed into a concentrate, an edible product, topical product or similar cannabis product. Manufacturing includes producing, preparing, propagating, or compounding manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

"Cannabis nursery" means a cannabis operation that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

"Cannabis operation" means any operation permitted under this chapter to engage in one or more cannabis activities.

"Cannabis operator" means the natural person or designated officer responsible for the operation of any permitted cannabis operation.

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Cannabis retail operation" or "retail operation" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including cannabis for medicinal use and/or adult-use under the authority of the Medicinal and Adult-Use Cannabis Regulation and Safety Act, including an establishment that delivers, cannabis and cannabis products.

"Clone" means the cutting of a cannabis plant that has been re-planted and is non-flowering.

"Community development agency" means the community development agency of the County of Alameda.

"County" means the County of Alameda.

"Director" means the director of the community development agency or his or her designee.

"Edible cannabis product", "edible" or "edibles" shall have the same definition as in Business and Professions Code Section 26001(t), which defines "edible cannabis product" as a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.

"Identification card" has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.

"Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, or upon its container or wrapper, or that accompanies any cannabis product.

"Lot" means a separate parcel of land shown and identified as such on the records of the county recorder or on the final map of an approved and recorded subdivision, excluding therefrom for the purposes of this title any portion thereof which lies within a street, within a lane, or within a fenced-off flood control easement.

"Permit" means a permit issued by the county to a combined cannabis operation under this chapter.

"Permittee" means a person who holds an effective and current permit under this chapter.

"Person" means any human being or an incorporated or unincorporated business entity or association established under the laws of the state.

"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 Article 2.5 of the California Health and Safety Code.

"Premises" means the designated structure or structures and land specified in the application or in the permit that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area.

"Primary caregiver" means the individual, designated by a qualified patient or a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include those persons identified in subdivision (e) of Section 11362.5 of the California Health and Safety Code, as it may be amended.

"Qualified patient" means a person who is entitled to the protections of Section 11362.5 of the California Health and Safety Code, but who does not have an identification card issued pursuant to Article 2.5 of the California Health and Safety Code.

"School" means an institution of learning for minors, whether public or private, that offers a regular course of instruction.

"Sheriff" means the sheriff of the County of Alameda and his or her authorized representatives.

"State" means the state of California.

(Ord. No. 2019-22, § 2, 6-18-19)

A. It shall be unlawful for any person to conduct, engage in or allow the operation of a combined cannabis operation in the unincorporated portion of Alameda County, unless such combined cannabis operation has been granted a legally effective permit issued under this chapter and all required state licenses to conduct combined cannabis operation. Notwithstanding the above, the permits issued under this chapter do not provide any protection or immunity for any person from state or federal laws, or from prosecution pursuant to any applicable state or federal laws.

B. The owner, managing partner, officer of a corporation or such other person who shall be primarily responsible for the operation of a proposed combined cannabis operation shall apply for a permit under this chapter. If such a permit is granted, the owner, managing partner, corporate officer, and any person with primary responsibility for the operation of the combined cannabis operation shall ensure the operation is maintained in conformity with the terms of this chapter and of the permit.

C. The fact that an applicant possesses other types of state or county permits or licenses shall not exempt the applicant from obtaining a permit under this chapter, nor shall the terms and conditions of any other such permit or license modify the requirements of a permit granted under this chapter.

D. Existing permitted cannabis operations may expand to combined cannabis operations in accordance with this chapter.

1. An applicant for a combined cannabis operation under this chapter must hold a valid cannabis retail operator permit pursuant to Chapter 6.108 or cannabis cultivation operator permit pursuant to Chapter 6.106 of this code.

2. The permit for the combined cannabis operation shall be for the same premises as the permitted retail operation or cultivation operation, subject to applicable transfer provisions.

3. The retail or cultivation permit shall cease to be effective upon the effective date of the combined cannabis operation permit, unless otherwise specified in the permit conditions.

4. A cultivation operation permitted under Chapter 6.106 may apply for a combined cannabis operation permit to include the following operations only: Cultivation, distribution and manufacturing. Retail operations shall not be included in the combined cannabis operation. A retail operation permitted under Chapter 6.108 may apply for a combined cannabis operation permit to include at least three of the following operations: Cultivation, distribution, manufacturing, and retail. Retail operations must be one of the operations included in the combined cannabis operation.

E. At no time shall the county have in effect more than fourteen (14) combined cannabis operation permits.

1. In the West County, the maximum number of permits is subject to the following:

a. In no event shall the total number of combined cannabis operation permits for Area 1 shown in Exhibit A (West County) exceed two.

b. Collectively, the number of retail operation permits and combined cannabis operation permits in Area 1 shown in Exhibit A (West County) shall not exceed two.

c. No permit for a combined cannabis operation shall be issued for Area 2 shown in Exhibit A (West County).

2. In the East County, the maximum number of permits is subject to the following:

a. In no event shall the total number of combined cannabis operation permits for all areas shown in Exhibit B (East County) exceed thirteen (13).

b. Collectively, the number of retail operation permits and permits for combined cannabis operations that include a retail operation in the areas shown in Exhibit B (East County) shall not exceed three. If a third permit is issued to a retail operation or a combined cannabis operation including retail, that operation must include a boutique component or components (e.g., educational or informational features or activities, or other features or activities designed to enhance customer experience or highlight attractions or characteristics of the local region). If only two permits are issued for the East County, they may but are not required to include a boutique component or components.

c. No permit shall be issued for a combined cannabis operation that includes a retail operation, if the subject premises is within five miles of a retail operation or combined cannabis operation that includes retail in the unincorporated area shown in Exhibit B (East County) or within one mile of a permitted retail operation or combined cannabis operation (or equivalent permitted activity subject to a state microbusiness license) location in an incorporated city.

3. No permit shall be issued in any portion of the unincorporated area that is not within one of the areas delineated in Area 1 of Exhibit A or Exhibit B.

4. A combined cannabis operation shall engage in at least three of the following commercial cannabis operations: cultivation, distribution, manufacturing and retail. All of these activities must occur on the same premises.

5. No cultivation area for cultivation allowed under a combined cannabis operation permit shall exceed ten thousand (10,000) square feet.

6. No manufacturing activity allowed under a combined cannabis operation permit shall include extraction using volatile solvents.

F. Notwithstanding subsection E of this section, each combined cannabis operation shall comply with all zoning requirements in Title 17 of the Alameda County General Ordinance Code, the Alameda County General Plan, and any Specific Plan applicable to the location of the retail operator, including the requirement to obtain any conditional use permits, and shall also meet all of the following standards:

1. No combined cannabis operation that includes a retail operation may be closer than one thousand (1,000) feet from any other retail operation or combined cannabis operation that includes a retail operation.

2. No combined cannabis operation that includes a retail operation may be closer than one thousand (1,000) feet from any school, any licensed child or day care facility, public park or playground, drug recovery facility or recreation center.

3. No combined cannabis operation shall be located in a residential zone or its equivalent.

G. The following facilities are exempt from the requirement of a permit:

1. A clinic that is licensed under Chapter 1 of Division 2 of the California Health and Safety Code.

2. A health care facility that is licensed under Chapter 2 of Division 2 of the California Health and Safety Code.

3. A residential care facility for persons with chronic life-threatening illness that is licensed under Chapter 3.01 of Division 2 of the California Health and Safety Code.

4. A residential care facility for the elderly that is licensed under Chapter 3.2 of Division 2 of the California Health and Safety Code.

5. A residential hospice or a home health agency that is licensed under Chapter 8 of Division 2 of the California Health and Safety Code.

H. Each premises shall only be occupied by one permittee unless otherwise authorized by applicable state laws regulations and county permit(s).

I. The director may adopt such forms, procedures and performance standards as are necessary to implement this chapter.

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(Ord. No. 2019-22, § 2, 6-18-19; Ord. No. 2021-27, § 3, 6-3-21)

Prior to commencement of use as a combined cannabis operation, a permittee must obtain a conditional use permit pursuant to Title 17 of the Alameda County Zoning Ordinance for operation of a combined cannabis operation.

(Ord. No. 2019-22, § 2, 6-18-19)

A. Each combined cannabis operation permit shall expire two years after the date of its issuance or upon the expiration date established by the director, whichever is earlier.

B. Any permit may be renewed by the director for successive two-year periods upon the submission of a renewal application by the permittee. At the time of consideration of a renewal application, the county shall consider compliance with conditions in the prior term and whether the permittee has made substantial progress toward implementing the permit.

C. No person or facility that purports to have cultivated, manufactured, distributed, sold or delivered cannabis prior to the enactment of this chapter or without a permit shall be deemed to have been a legally established combined cannabis operation under the provisions of this chapter, and such person or facility shall not be entitled to claim a legal nonconforming status.

(Ord. No. 2019-22, § 2, 6-18-19)

A. Each application for a combined cannabis operation permit in the unincorporated area of the county shall set forth or incorporate by reference the following information:

1. The full name, date of birth, social security number, present address and telephone number of the applicant.

2. Name and location of applicant's permitted cannabis retail or cultivation operation.

3. Address of the proposed combined cannabis operation and the name and address of the owner(s) of the lot(s) containing the premises.

4. The address to which notice of action on the application is to be mailed.

5. A statement by the applicant that it has the ability to comply with all laws regulating businesses in the State of California and that it shall maintain compliance during the term of the permit.

6. A statement that the applicant accepts and will comply with the standard conditions set forth in this chapter.

7. A statement that the applicant shall upon commencing use under the combined cannabis operation permit, if granted, cease operation of the applicant's permitted cannabis retail or cultivation operation on the premises.

8. The names of each person with an ownership interest of more than ten (10) percent in the proposed combined cannabis operation.

9. The address of all cannabis operations that currently are or previously had been operated by the applicant and a statement of whether the authorization for any such operation had been revoked or suspended and, if so, the reason therefor.

10. The names and telephone numbers of the person or persons to be regularly engaged in the operation of the proposed combined cannabis operation, whether an employee, volunteer or contractor. The application shall also identify those persons, including telephone numbers (i.e., emergency contact), having management and supervisory responsibilities for the proposed retail operator. Every person listed as owner, manager, supervisor or employee must submit fingerprints and other necessary information for a background check to the Alameda County Sheriff's Office, and be photographed for identification purposes. In addition, any new employees, independent contractors, other persons and/or volunteers regularly engaged in the proposed combined cannabis operation must submit their information to the sheriff's office within five days prior to their employment.

11. A security plan containing a detailed description of the proposed security arrangements for ensuring the safety of persons from theft and robbery and protection of the premises from theft and burglary. The security plan shall be submitted for review and approval by the sheriff, and shall include a lighting plan showing existing and proposed exterior and interior lighting levels, alarms and security surveillance cameras. Security video shall be maintained for thirty (30) business days and shall be made available to the sheriff upon request. The video system for security cameras must be located in a locked, tamper-proof compartment. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. The security plan shall include the provision of a suitable locked safe on the premises for after-hours storage of cannabis.

12. A site plan and floor plan, consisting of a sketch or diagram showing the interior and exterior configuration of the premises of the combined cannabis operation. The site plan shall show the entire premises, including all buildings, accessory structures, storage, and parking areas, and a statement of the total floor area occupied by the combined cannabis operation. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus twelve (12) inches. If the combined cannabis operation includes a retail operation, it must have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients, persons with an identification card or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping or similar obstructions so that it is clearly visible from public streets, sidewalks, or site driveways.

13. A description of external appearance of the combined cannabis operation, including a precise depiction of any signage, which shall not obstruct the entrance or windows of the retail operation. All signage shall comply with all county general plan, zoning ordinance and any applicable specific plans.

14. A description of products to be cultivated, manufactured, distributed and/or sold by the combined cannabis operator.

15. An operating plan specifically describing how the combined cannabis operator will operate consistent with state and local law, including but not limited to: the minimum staffing levels for operation of the combined cannabis operator, policies and procedures for record keeping, methods for compliance with track and trace requirements, specific details of the operator's process for arranging for product testing, manufacturing safety, and proper packaging and labelling, specific details of the combined cannabis operator's proposed odor absorbing ventilation and exhaust systems, and other relevant information regarding the operation of the proposed combined cannabis operation and including a copy of the labor peace agreement when required by California Business and Professions Code Section 26051.5 to enter into or abide by a labor peace agreement.

16. If the application proposes the cultivation, manufacturing, distribution or sale of cannabis for medicinal purposes, the mission statement of the combined cannabis operator with respect to meeting the medicinal needs of patients in its area.

17. A description of the methods by which the applicant will mitigate any potentially adverse impacts, such as traffic, loitering, odors or noise, on surrounding property owners. The combined cannabis operation shall be designed to provide sufficient odor absorbing ventilation and exhaust systems to that any odor generated inside the combined cannabis operation is not detected outside the buildings and structures in which it operates, on adjacent public rights-of-way, or within other units located within the same building as the combined cannabis operation if it occupies only a portion of the building.

18. Written certification that the applicant has reviewed and understands and accepts the standard conditions that are set forth in and/or incorporated by reference into this chapter. Written certification that the applicant will comply with all county ordinances, including building, zoning and health codes, allow inspections to ensure conformance with such regulations, cooperate with county agencies' efforts to monitor the combined cannabis operator's compliance with applicable ordinances and with all conditions of permits issued pursuant to this code, and pay any county fees assessed for monitoring permittee's compliance.

19. A statement by the applicant that it has the ability to comply with all laws regulating businesses in the State of California and that it shall maintain compliance during the term of the permit.

20. Certification, under penalty of perjury, that all the information contained in the application is true and correct.

21. Authorization for the county, its agents and employees to seek verification of the information contained in the application.

22. The applicant's agreement to hold harmless and indemnify the county from all costs and expenses, including attorney's fees, that the county incurs or that is held to be the liability of the county in connection with the county's defense of its actions in any proceeding challenging the county's actions with respect to the permit or the operation, including but not limited to issuance of the permit, adoption or enforcement of conditions of the permit, or the operations of the combined cannabis operator, and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the sale, delivery and/or on- or off-site use of cannabis produced or provided by the combined cannabis operator.

B. The filing of an application shall be deemed complete upon the submission of an application in conformance with this section and payment of the application fees required by Sections 6.109.090, 6.109.200 and any fee schedule adopted by the county.

C. The director may establish a submission deadline for applications pursuant to this section.

D. It is unlawful to make any false statement or representation or to use or submit any false or fraudulent document(s) in any application made pursuant to this chapter.

(Ord. No. 2019-22, § 2, 6-18-19)

A. The director shall commence review of any application upon its filing. Within thirty (30) business days after the filing of an application, the director shall reject any application and so notify the applicant if the application has been improperly completed or if it is incomplete. The applicant may amend and refile the application within thirty (30) days after such rejection.

B. Upon receipt of a complete application, the director shall approve the application and issue the applicant a notice of intent to grant the permit, if each of the following conditions are met:

1. The applicant has an approved permit for a cannabis retail operation in accordance with Chapter 6.108 or cannabis cultivation operation in accordance with Chapter 6.106;

2. The proposed premises for the combined cannabis operation is either: (a) on the same lot as the retail or cultivation premises previously approved operation in accordance with Chapter 6.108 or 6.106, or (b) at a location not inconsistent with this chapter, Chapter 6.108 or Chapter 6.106.

3. The applicant has a record of good standing with the county. For the purposes of this section, "good standing" means that the applicant has obtained an approved permit for cannabis retail operation in accordance with Chapter 6.108 or cultivation operation in accordance with Chapter 6.106 and that permit has not been suspended or revoked and there are no pending proceedings for the suspension or revocation of the applicant's cannabis retail or cultivation operation permit.

4. No person who is listed on the application pursuant to subsection (1), (8) or (10) of Section 6.109.050(A) has been convicted of a felony within the past three years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

5. The applicant or the operator listed in the application is at least twenty-one (21) years of age.

C. Upon receipt of a complete application, the director shall deny the application if one or more of the conditions set forth in subsection B above are not met.

D. The notice of intent to grant permit issued pursuant to subsection B shall include notice of the operating conditions that would attach to the permit. Within ten days after notice, the applicant shall either:

1. Certify acceptance of the operating conditions and the standard conditions of the permit and pay all required fees, and the permit shall thereupon issue immediately.

2. If the applicant refuses or fails to certify agreement with any operating condition or standard condition or to pay all required fees, the application shall be denied. The applicant may appeal any condition within ten days after notice of the conditions. Upon either the failure to file a timely appeal or the rejection of the appeal, the application shall be deemed denied.

E. The operating conditions established by the director shall include the requirement for the permittee to obtain: (1) any required state permits or licenses for the operation of a microbusiness operation, and (2) all land use entitlements required to operate a combined cannabis operation. No combined cannabis operation permit shall be effective unless and until these conditions of approval are satisfied.

(Ord. No. 2019-22, § 2, 6-18-19)

A. Each application for renewal of an existing combined cannabis operator permit shall be filed with the director and the director shall be responsible for administering the renewal application processes as set forth in this chapter.

B. The director shall adopt such forms, procedures and performance standards as are necessary to implement this chapter with respect to the issuance, renewal, revocation and suspension of permits.

C. Any application for renewal shall be filed at least forty-five (45) days before expiration of the permit.

D. Any application for renewal may be rejected if:

1. The application is filed less than forty-five (45) days before its expiration.

2. The permit is suspended or revoked at the time of the application; provided, however, that an application for renewal may be filed within ten days after the granting of a permittee's appeal of the suspension or revocation of a permit.

3. The combined cannabis operator authorized by the permit has not been in regular operation in the four months prior to the renewal application.

4. The combined cannabis operator fails to conform to the criteria set forth in Section 6.108.100.

(Ord. No. 2019-22, § 2, 6-18-19)

A. Every application, transfer or renewal of a combined cannabis operation shall be accompanied by a nonrefundable fee, as established by the Board of Supervisors, in order to reimburse the county for the cost of reviewing and acting upon the application.

B. In addition, each combined cannabis operation shall pay an annual fee, as established by the Board of Supervisors, for the administration of the permit, including monitoring and enforcing compliance with terms of the permit.

C. The Board of Supervisors may enact such other fees as may be necessary to recover the county's costs of inspection and corrective actions in relation to combined cannabis operations.

(Ord. No. 2019-22, § 2, 6-18-19)

A. Throughout the term of the combined cannabis operation permit, each permittee shall not violate this chapter, shall comply with the standard conditions and shall not allow or tolerate violations of these standard conditions to occur at the combined cannabis operation:

1. A permittee with a combined cannabis operation that includes a retail operation, including any delivery operation, shall comply with the standard conditions provided in Chapter 6.108.

2. A permittee with a combined cannabis operation that includes a cultivation operation shall comply with the standard conditions provided in Chapter 6.106.

3. A permittee with a combined cannabis operation that includes a distribution operation shall comply with the following additional standard conditions:

a. Permittee may only distribute cannabis or cannabis products within its own supply chain, either cultivated by the permittee or to be sold by permittee at its retail operation.

b. Permittee shall arrange for required testing in accordance with applicable state law and regulations.

c. Permittee shall conduct all processing, packaging and labelling in accordance with applicable state law and regulations.

d. Permittee shall dispose of all waste cannabis and cannabis products in accordance with applicable state law and regulations.

e. Permittee shall transport all cannabis and cannabis products in accordance with applicable state law and regulations. Among other things, permittee shall complete a shipping manifest prior to transporting cannabis or cannabis products and shall retain records of all transported cannabis in accordance with state laws and regulations.

4. A permittee with a combined cannabis operation that includes a manufacturing operation shall comply with the following additional standard conditions:

a. Permittee shall conduct all manufacturing in accordance with applicable state law and regulations.

b. Permittee shall not conduct chemical extraction using any volatile solvent, as defined by applicable state law and regulations.

c. Permittee shall conduct all manufacturing in accordance with such standards and guidelines as may be adopted by the director of the county department of environmental health.

5. A combined cannabis operator shall fully comply with the terms of its approved security plan, site plan and operating plan.

B. In order to minimize any adverse impacts on surrounding properties or residents, the standard operating conditions that are set forth in this section may be modified upon the issuance of the permit or upon ten days' notice during the term of the permit.

C. During the term of each permit, the county shall require the permittee to comply with the standard operating conditions that are set forth in this section or as they may be modified in accordance with subsection B of this section and, in addition, any such operating conditions that may be established pursuant to subsections D and E of Section 6.109.070.

D. At any time during the operation of a combined cannabis operator and without notice, the director, acting in conjunction with other appropriate county officials, may enter the premises for the purpose of observing compliance of the combined cannabis operator with the conditions of its permit.

E. Release of the County from Liability. The owner and permittee of each combined cannabis operator and delivery operation shall release the county, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of combined cannabis operator or delivery operator owners, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the director.

F. County Indemnification. The owners and permittee of each combined cannabis operator and delivery operator shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations at the combined cannabis operator or by the delivery operator, and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the sale, delivery and/or on- or off-site use of cannabis provided at the combined cannabis operator or delivered by the delivery operator in a form satisfactory to the director.

(Ord. No. 2019-22, § 2, 6-18-19)

A. An applicant aggrieved by the decisions described in Sections 6.109.070, 6.109.080 or 6.109.100 may appeal that decision to the Board of Supervisors within ten days following the date of issuance of that decision by filing with the clerk of the Board of Supervisors or the director a notice of appeal specifying the grounds for such appeal. Filing such notice shall stay all proceedings in furtherance of the decision appealed from, including the proceedings related to the applications or permits of other applicants potentially affected by the Board of Supervisors' decision on the appeal. The director is designated as an agent of the clerk of the board for purposes of receiving a notice of appeal.

B. The Board of Supervisors shall give written notice of the time and place for hearing any appeal filed pursuant this section. Such notice shall be given to the applicant and to the community development agency, and to any other person requesting such notice and depositing with the clerk of the board a self-addressed, stamped envelope to be used for that purpose.

C. The Board of Supervisors may hear additional evidence and may sustain, modify, or overrule any order brought before it on appeal and may make such findings and decisions as are not inconsistent with state law and county ordinances. The Board of Supervisors may also remand the decision to the director for reconsideration of his or her decision in light of new information not previously presented to the director. If no motion relative to the order appealed attains a majority vote of the Board of Supervisors within thirty (30) days from the date of the hearing by said board thereon, said order of the director shall stand sustained and be final.

D. Any appeal that is not timely filed or otherwise fails to comply with subsection A of this section will be deemed ineffective by the director and the administrative determination that is being appealed will become final.

(Ord. No. 2019-22, § 2, 6-18-19)

A. The director may revoke or suspend a permit when it shall appear that the permittee has committed any of the following actions:

1. Violates the operating or standard conditions of the permit or the requirements of state or local laws.

2. Fails to take reasonable measures to control disturbances, loitering or such other problems on the combined cannabis operation premises or in the vicinity of its delivery activities.

B. The director shall provide the permittee with written notice of the suspension or revocation that shall describe the grounds for revoking or suspending the permit.

C. The permittee subject to the revocation or suspension may appeal the determination of the director to the Board of Supervisors within ten days after the date of the notice of the decision of the director. The Board of Supervisors shall act upon the appeal in accordance with Section 6.109.110.

(Ord. No. 2019-22, § 2, 6-18-19)

A. No permittee may transfer a permit to another cannabis operator or premises without authorization by the county, granted in accordance with this section.

B. A permittee shall apply for transfer of a combined cannabis operation permit by submitting, jointly with the proposed transferee, an application that complies with Section 6.109.070. The director shall verify information in the application and shall approve the transfer unless it fails to comply with the requirements of this chapter, the standards set forth in Section 6.109.100 or such other minimum score or standards as may be established by the director pursuant to Section 6.109.030(I).

C. Before a transfer of a permit may become effective, the transferee shall certify acceptance of the operating conditions and the standard conditions of the permit and pay all fees required by Sections 6.109.090 and 6.109.200.

(Ord. No. 2019-22, § 2, 6-18-19)

The permittee shall not undertake any cannabis activities other than those specifically authorized by a permit issued by the county. A combined cannabis operation shall not deliver cannabis off the site of the premises unless the operator holds a valid delivery operator permit.

(Ord. No. 2019-22, § 2, 6-18-19)

The manufacturing, sale, distribution and delivery of edibles shall be conducted in a manner that complies with all applicable food safety laws for the protection of consumers. It shall be unlawful for any permittee to manufacture or to sell, distribute or deliver edibles not prepared, packaged or labeled as required by this section.

A. Preparation of Edibles.

1. A facility, such as a commercial kitchen, that proposes to prepare, store, sell, dispense, or distribute edibles must comply with the relevant provisions of all state and local laws regarding the preparation, distribution, labeling and sale of food. No food production will be allowed in the same facility to avoid the unintentional contamination of food with cannabis. Facilities shall be constructed, permitted, operated and inspected in accordance with the applicable building code and applicable food safety requirements by the Alameda County Department of Environmental Health.

2. Individuals involved in the production or distribution of edibles shall thoroughly wash their hands before commencing production and before handling the finished product. Gloves must be worn when packaging edibles.

3. To reduce the likelihood of foodborne disease transmission, individuals who are suffering from symptoms associated with acute gastrointestinal illness or are known to be infected with a communicable disease that is transmissible through foodstuffs are prohibited from preparing edibles until they are free of that illness or disease, or are incapable of transmitting the illness or disease through foodstuffs. Individuals who have sores or cuts on their hands must use gloves when preparing and handling edibles.

4. Producers of edibles must be state certified food handlers. The valid certificate must be onsite at the facility where the edible is produced and made available during inspections.

5. Hand-washing facilities shall be adequate and convenient and be furnished with one hundred (100) degrees Fahrenheit hot running water. Hand washing facilities shall be located in the facility in edible preparation areas and where good sanitary practices require employees to wash their hands and provide effective hand-cleaning (liquid soap) and disposable paper towel or suitable drying devices.

B. Packaging and Labeling of Edibles. Edibles shall be labeled and packaged in accordance with Section 26120 of the California Business and Professions Code and all applicable regulations and as provided in this subdivision.

1. All edibles shall be individually wrapped at the original point of preparation. Labeling shall be distinctly and clearly legible on the front of the package and must include: (a) a warning if nuts or other known allergens are used in the manufacturing of the edibles; (b) a warning that the item contains cannabis and the total weight (in ounces or grams) and amount of active ingredients in the package; (c) the cultivation and manufacture date and source; (d) a statement that the contents are not a food product; and (e) information indicating any caloric impact on the consumer. The package label must have a warning clearly legible emphasizing that the product is to be kept away from children.

2. Labels of edibles that are not tested for contaminants (baked goods) shall include a statement that the cannabis used in the product was tested for contaminants.

3. Packaging of edibles shall be opaque (non see-through), and may not make it appear as if the edible is a food product. Packaging that makes the product attractive to children or imitates candy is prohibited.

4. Packaging of edibles shall be tamper proof and child resistant.

C. Edible Product Log. Producers of edibles that are tested for contaminants shall maintain a written or computerized log documenting:

1. The source of the cannabis used in each batch of product;

2. The contaminant testing date; and

3. The testing laboratory that analyzed the sample of the cannabis product.

(Ord. No. 2019-22, § 2, 6-18-19)

Any person violating any of the provisions of this chapter or of a permit issued pursuant to this chapter, is guilty of a misdemeanor. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter or the permit is committed, continued or allowed in conjunction with the combined cannabis operation and is punishable accordingly. For purposes of this section, each and every day of violation includes each day on which a failure to comply with this chapter or any conditions of a permit issued pursuant to this chapter continues. No proof of knowledge, intent, or other mental state is required to establish a violation.

(Ord. No. 2019-22, § 2, 6-18-19)

In addition to the penalties provided in this chapter, any condition caused or allowed to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and shall create a cause of action for injunctive relief and civil penalties in accordance with Chapter 17.59 of this code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 2019-22, § 2, 6-18-19)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this chapter or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 2019-22, § 2, 6-18-19)

Judicial review of a final decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of Section 1085 or 1094.5 of the California Code of Civil Procedure. Any such petition or any other action seeking judicial review shall be filed within ninety (90) days after the day the decision becomes final.

(Ord. No. 2019-22, § 2, 6-18-19)

A. The applicant is responsible for paying the following fees to reimburse the county in accordance with Section 6.190.090 of this chapter. The director may adopt such forms and procedures as necessary to collect the fees:

B. For the following fee types, the applicant shall pay fees sufficient to reimburse the county for its actual costs in accordance with Section 6.109.090 of this chapter and Section 17.54.620 of Title 17 of this code. The applicable fee rates shall be those duly adopted by the county and in effect at the time the county work is performed or the cost is incurred. The director may collect such fees in advance as a refundable deposit in such amounts as may be established by the director. The director may adopt such forms and procedures as necessary to collect the fees:

C. If the director determines that, in addition to the routine inspections pursuant to the combined cannabis operation permit annual regulatory program fee in subsection A, additional inspections or abatement actions are required to enforce compliance with this chapter or with Title 17 of this code, the permittee shall pay fees sufficient to reimburse the county for its actual costs incurred to conduct such inspections and abatement actions, which may include staff time plus actual abatement costs. The applicable fee rates shall be those duly adopted by the county and in effect at the time the county work is performed or the cost is incurred. The director may collect such fees in advance as a refundable deposit in such amounts as may be established by the director. The director may adopt such forms and procedures as necessary to collect the fees.

D. The fees in subsection A shall be reviewed annually by the county and may be amended if necessary to appropriately reimburse the county for its actual costs.

E. The fee rates and deposit amounts in subsection B shall be reviewed annually by the director and may be amended if necessary to appropriately reimburse the county for its actual costs.

(Ord. No. 2019-22, § 2, 6-18-19)

A. Prior to the issuance of a permit or permit renewal under this chapter, and at all times while holding a permit, permit applicants and permittees shall be current with their monthly child support obligations. If the applicant or permittee has an account with past due child support arrears, he/she must have that balance at zero or have verification from the county department of child support services that they have been in and remain in compliance with an agreed or court ordered payment plan in order to remain eligible for the permit. In determining compliance the department will consider all relevant financial circumstances of the applicant or permittee with the overall goal of removing barriers to employment.

B. Permittees shall provide the county department of child support services a quarterly list of all employees employed by the permittee at any time during the quarter. Reports are due by the 15th of the month following the end of the quarter (March, June, September and December). The list shall include names, addresses, phone numbers and social security numbers for all employees.

C. If the permittee uses a payroll withholding process, the permittee must comply with any income withholding order for child support for any employee in the permittee's employ. In addition, if the income withholding order is for an owner or part-owner of the business, the business shall also comply with the income withholding order and provide necessary tax information if self-employed for purposes of determining accurate child support orders.

(Ord. No. 2019-22, § 2, 6-18-19)