Chapter 4.99 — RETAIL SALE OF CONCEALABLE FIREARMS

The Finance Director of the City of Anaheim, or his or her designated representative, is designated the City's licensing authority, and is authorized to issue licenses for the retail sale of concealable firearms pursuant to Article 4 of the California Penal Code, commencing with Section 12070. The term "Finance Director" as used herein shall include any representative designated by the Finance Director pursuant to this section. (Ord. 5087 § 1 (part); February 27, 1990: Ord. 5125 § 1 (part); May 8, 1990; Ord. 5567 § 1; June 18, 1996.)

The term "concealable firearms" shall mean pistols, revolvers and other firearms capable of being concealed upon the person. (Ord. 5087 § 1 (part); February 27, 1990: Ord. 5125 § 1 (part); May 8, 1990.)

No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or transfer concealable firearms without having first obtained a license from the Finance Director. The license shall not be transferable. The initial license or any renewal thereof shall be valid from the date of issuance through December 31st of the same calendar year. Notwithstanding any other provision of this section, no license shall be required by the City pursuant to this chapter for any activity which is exempt from such licensing by any provision of Section 12070 of the Penal Code or any other provision of state law. (Ord. 5087 § 1 (part); February 27, 1990: Ord. 5125 § 1 (part); May 8, 1990; Ord. 5567 § 2; June 18, 1996.)

The City Council may by resolution establish a schedule of non-refundable fees sufficient to cover the costs to the City of Anaheim of administering the ordinance codified in this chapter, to be paid upon application for a license. Such fees shall be distinct from, and shall not supersede, business license fees and taxes owing to the City pursuant to Chapter 3.04 of the Anaheim Municipal Code. (Ord. 5087 § 1 (part); February 27, 1990: Ord. 5125 § 1 (part); May 8, 1990.)

.010 The Finance Director shall issue a license to an applicant who satisfies all the requirements contained in Penal Code Sections 12070, et seq., and shall deny a license to an applicant who fails to satisfy any one or more of those requirements.

.020 Any license issued pursuant to this chapter may be revoked by the Finance Director for breach of any of the conditions set forth in Penal Code Section 12071(a).

.030 If an application for a license is denied, the Finance Director shall notify the applicant by certified mail of such denial within thirty days of the date of receipt of the application.

.040 If a license issued pursuant to this chapter is revoked, the Finance Director shall notify the licensee by certified mail of such revocation within ten days of the date of revocation.

.050 Any applicant who is denied a license or any licensee whose license is revoked may appeal such action to the City Manager or his designee within fifteen days after receipt of notice of denial or revocation by filing a written notice of appeal and paying any appeal fee as prescribed by resolution of the City Council within such fifteen day period. The City Manager or his designee shall review the circumstances of such denial or revocation and shall render a written decision. The action of the City Manager or his designee shall be final and conclusive. (Ord. 5087 § 1 (part); February 27, 1990: Ord. 5125 § 1 (part); May 8, 1990; Ord. 5567 § 3; June 18, 1996.)

Businesses selling, leasing, transferring, advertising, offering or exposing concealable firearms for sale prior to the adoption of the ordinance codified in this chapter shall have a period of ninety days from the effective date of the ordinance codified in this chapter in which to obtain the necessary license from the Finance Director. (Ord. 5087 § 1 (part); February 27, 1990: Ord. 5125 § 1 (part); May 8, 1990; Ord. 5567 § 4; June 18, 1996.)

Chapter 4.100

COMMERCIAL MARIJUANA ACTIVITIES AND OUTDOOR CULTIVATION OF MARIJUANA

The City Council finds that purpose and intent of this Chapter is to prohibit commercial activities involving nonmedical marijuana and marijuana products and to ban the outdoor cultivation of marijuana in order to protect the health, safety and welfare of the community. (Ord. 6409 § 1 (part); May 9, 2017.)

For purposes of this chapter, the following definitions shall apply:

.010 "Marijuana" mean 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. "Marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code as the same may be amended from time to time. "Marijuana" does not include medical marijuana defined in Chapter 4.20.

.015 "Commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, trade or sale of marijuana and marijuana products by any person, entity, commercial or business enterprise, whether for-profit or nonprofit.

.020 "Delivery" means the transfer of marijuana or marijuana products to a location within the City of Anaheim.

.025 "Fully enclosed and secure structure" means a code compliant space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more locking doors.

.030 "Marijuana products" means marijuana 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, ingestible or topical product containing marijuana or concentrated cannabis and other ingredients.

.035 "Outdoor cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana that is not within a fully enclosed and secure structure. (Ord. 6409 § 1 (part); May 9, 2017.)

Commercial marijuana activities are prohibited in the City of Anaheim. No use permit, variance, building permit, or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for commercial marijuana activities. It shall be unlawful for any person or entity to own, manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, any commercial marijuana activity or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial marijuana activity. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense. (Ord. 6409 § 1 (part); May 9, 2017.)

Outdoor cultivation of marijuana by any person owning, leasing, occupying, or having charge or possession of any parcel

within any zoning district in the city is prohibited. It shall be unlawful for any person or entity to own, manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, the outdoor cultivation of marijuana or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in the outdoor cultivation of marijuana. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense. (Ord. 6409 § 1 (part); May 9, 2017.)

Delivery of marijuana or marijuana products is prohibited within the City of Anaheim. (Ord. 6409 § 1 (part); May 9, 2017.)

DECLARED A PUBLIC NUISANCE.

The establishment, maintenance, or operation of any commercial marijuana activity or outdoor cultivation of marijuana in violation of this Chapter within the City is hereby declared to be a public nuisance and may be abated by all available means. (Ord. 6409 § 1 (part); May 9, 2017.)

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. (Ord. 6409 § 1 (part); May 9, 2017.)