Beaumont Municipal Code Ch. 5.70 Delivery of Marijuana

Footnotes:

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Editor's note— Ord. No. 1107, § 5, adopted May 21, 2019, amended Ch. 5.70 in its entirety to read as herein set out. Former Ch. 5.70, §§ 5.70.010—5.70.050, pertained to mobile marijuana dispensaries and delivery, and derived from Ord. No. 1090, § 6, adopted August 15, 2017.

The following words and phrases shall, for the purposes of this Chapter, have the meanings respectively ascribed to them by this section, as follows:

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer of a business engaged in commercial marijuana activity (as defined in City Code Section 5.62.020). "Delivery" also includes the use by a retailer of any technology platform owned and controlled by a retailer, or independently licensed under State law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana product.

"Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers marijuana goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address.

"Person" means any individual, firm, partnership, joint venture, corporation, association, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, dispensary, club, society, or other organization or group acting as a unit, and the plural as well as the singular. The term individual shall include any owner, manager, proprietor, employee, volunteer, salesperson, primary caregiver or qualified patient.

(Ord. No. 1107, § 5, 5-21-2019)

Delivery of marijuana within the City shall be allowed only to the extent permissible under State law, and in strict compliance therewith, including maintaining, prior to operation, an applicable State license/permit therefore. Any delivery conducted not in strict compliance with State law and/or regulations and any applicable City or local law is prohibited. This provision does not permit any fixed storefront or non-storefront retail business to operate within and maintain a physical location within the City; such retail commercial marijuana activity is expressly prohibited.

(Ord. No. 1107, § 5, 5-21-2019)

Notwithstanding Municipal Code Section 5.62.040, marijuana delivery shall only be permitted within the City upon the application, approval and issuance of a City business license as provided in Chapter 5.04, et seq. of the Beaumont Municipal Code. A City business license is a revocable privilege, which shall be subject to revocation/suspension upon a violation of any provision of this Chapter and/or State law/regulations.

(Ord. No. 1107, § 5, 5-21-2019)

1. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law.

2. Any person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32.

3. Any person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law.

4. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code.

5. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action.

(Ord. No. 1107, § 5, 5-21-2019)

It is the intent of the City Council to prohibit all commercial marijuana activity within the City. In the event the State enacts any law or regulation permitting a local jurisdiction to completely prohibit the delivery of marijuana, Sections 5.70.020 and 5.70.030 shall be null and void, and all commercial marijuana activity, including delivery, shall be prohibited.

(Ord. No. 1107, § 5, 5-21-2019)