Bell Municipal Code Ch. 5.88 Commercial Cannabis Operations Regulatory Program

A. The purpose of this chapter is to establish a comprehensive set of regulations for the operation of certain types of commercial cannabis operations, with an attendant regulatory permit and the requirement for permitted commercial cannabis operations to either enter into a development agreement with the city or be issued a conditional use permit, while also establishing an express prohibition on certain other types of commercial cannabis operations.

B. The regulations for, and prohibitions on, specific types of commercial cannabis operations are enacted to preserve the public health, safety, and welfare of the citizens and visitors of the City of Bell, consistent with California's Compassionate Use Act of 1996, California's Medical Marijuana Program Act of 2003, the Adult Use of Marijuana Act of 2016 (AUMA) (Proposition 64), the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017 (MAUCRSA) and all applicable state laws governing commercial cannabis activities.

C. The issuance of a commercial cannabis operation permit shall constitute a revocable privilege and shall not create or establish any vested rights for the development or use of a property.

D. The chapter is not intended to permit activities that are otherwise illegal under federal, state or local law. This chapter is not intended to conflict with federal or state law.

E. This chapter is not intended to interfere with a patient's right to medical cannabis as provided for in Section 11362.5 of the Health and Safety Code.

F. This chapter and its regulations shall be known as the "Commercial Cannabis Operations Regulatory Program."

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

It is unlawful to own, establish, operate, use, or permit the establishment or activity of a commercial cannabis operation, or to participate in commercial cannabis operations as an employee, contractor, agent, volunteer, or in any manner or capacity, other than as provided in this chapter and pursuant to:

A. A current and valid City of Bell commercial cannabis operation permit; and

B. The equivalent state license for such commercial cannabis operation as provided for by Division 10 of the Business and Professions Code, as amended; and

C. Either (as determined by this chapter) a development agreement pursuant to Section 5.88.100 of this chapter or a conditional use permit pursuant to Chapter 17.96 of this code.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

Whether capitalized or not, the following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

"Adult use" (or non-medical)

refers to an activity involving cannabis or cannabis products that is restricted to adults 21 years of age and over and who do not possess physician's recommendations, in contrast to activities involving medical cannabis or medical cannabis products.

"Applicant"

means a person who is required to file an application for a permit under this chapter.

"Batch"

means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types: (1) Harvest batch. "Harvest batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals, and harvested at the same time; (2) Manufactured cannabis batch. "Manufactured cannabis batch" means either of the following: (i) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures, or (ii) an amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.

"Cannabis"

means 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.

"Cannabis concentrate"

means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

"Cannabis products"

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.

"Cheli district,"

as understood by the city's general plan and as may be amended, means an area within the boundaries of the City of Bell, located on the northeast of the Central City Area, generally described as the area bordered by the 710 freeway and the Los Angeles River along its southwest boundaries, southeast of Atlantic Boulevard, the area south of Bandini Boulevard between Atlantic Boulevard and Pennington Way, bordered by Pennington Way on the northwest, the area south of 26th Street and the Atchison Topeka and Santa Fe Railroad, bordered by Eastern Avenue along the east, the portion east of Eastern Avenue between Bandini Boulevard (north) and the Atchison Topeka and Santa Fe Railroad (south), and bordered by Mansfield Way along its south boundary.

"City manager"

means the City of Bell city manager, and includes his or her designee(s).

"Commercial cannabis operation"

includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale (including retail and wholesale) of cannabis and cannabis products; except, as applicable, as set forth in Chapter 8.54 ("Personal Cultivation of Cannabis") of Title 8 of this code or as preempted by state law.

"Commercial cannabis operation permit"

shall mean a City of Bell permit issued pursuant to the procedures provided for in this chapter and which shall allow the permit holder to operate a specific type of commercial cannabis operation in the City of Bell subject to the requirements of this chapter, state law, and the specific permit.

"Cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Day care center"

means, as the term is understood by Section 26001(o) of the Business and Professions Code, and as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.

"Delivery"

means the commercial transfer of cannabis or cannabis products to a customer, and includes the use of any technology platform owned and controlled by the same person making such use.

"Director"

means the City of Bell community development director, and includes his or her designee(s).

"Distribution"

means the procurement, sale, and transport of cannabis and cannabis products between entities licensed for and/or engaged in commercial cannabis activities.

"Distributor"

means a person engaged in distribution.

"Edible"

means 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 Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

"Employee"

means any person (whether paid or unpaid) who provides regular labor or regular services for a commercial cannabis operation, including, but not limited to, at the location of a commercial cannabis operation. The term "employee" includes managers and owners as used in this chapter.

"Extraction"

means the process of obtaining cannabis concentrates from cannabis plants, including, but not limited to, through the use of solvents like butane, alcohol or carbon dioxide.

"Identification card"

has the same definition as provided for in Health and Safety Code Section 11362.7(g), and as may be amended, defined as "a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any."

"Indoor"

in the context of commercial cultivation refers to cultivation using exclusively artificial lighting and no natural lighting.

"Labeling"

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

"Lighting"

means the act of illuminating as well as the effect achieved by the arrangement of lights.

"Live Scan"

means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the city council.

"Location"

means any parcel of land, whether vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area.

"Manager"

means an employee responsible for management and/or supervision of a commercial cannabis operation.

"Manufacture" or "manufacturing"

means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Manufacturer"

means a person that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Manufacturer Level 1 (Type 6)"

means a manufacturer that manufactures cannabis products using nonvolatile solvents, or no solvents, as understood by Chapter 13 ("Manufacturers and Cannabis Products") of Division 10 ("Cannabis") of the Business and Professions Code, and as may be amended.

"Manufacturer Level 2 (Type 7)"

means a manufacturer that manufactures cannabis products using volatile solvents, as understood by Chapter 13 ("Manufacturers and Cannabis Products") of Division 10 ("Cannabis") of the Business and Professions Code, and as may be amended.

"Marijuana"

has the same definition as provided for "cannabis" in this chapter.

"Medical"

refers to activities involving medical cannabis or medical cannabis products, in contrast to activities involving adult-use cannabis or adult-use cannabis products.

"Medical cannabis" or "medical cannabis product"

means cannabis or a cannabis product used in compliance with state law for medical purposes, pursuant to the Compassionate Use Act (Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (Health and Safety Code Section 11362.7, et seq.), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26000, et seq.).

"Microbusiness"

shall have the same definition as provided for in Section 26070 of the Business and Professions Code, and as may be amended.

"Minor"

means a person under 21 years of age.

"Mixed-light"

in the context of commercial cultivation refers to cultivation using a combination of natural and supplemental artificial lighting.

"Nursery"

means a person that produces indoors (not mixed-light or outdoors) only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

"Operations officer(s)"

shall refer to the director, the police chief and the city manager, individually or collectively.

"Outdoor,"

in the context of commercial cultivation, refers to cultivation using exclusively natural lighting and no artificial lighting.

"Owner"

means the owner of a commercial cannabis operation.

"Package"

means any container or receptacle used for holding cannabis or cannabis products.

"Packaging" or "packages"

means an activity involved with placing cannabis or cannabis products in a package.

"Permittee"

means a person issued a commercial cannabis operation permit by the City of Bell.

"Person"

means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Person with an identification card"

has the same definition as provided for in Health and Safety Code Section 11362.7(c), and as may be amended, defined as "an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this chapter."

"Physician's recommendation"

means a determination from a physician that a patient's medical cannabis use is deemed appropriate and is recommended by the physician on the basis of the physician has determined that the patient's health would benefit from the use of cannabis in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief, in strict accordance with the Compassionate Use Act of 1996 (Proposition 215), and as understood by Section 11362.5 of the Health and Safety Code.

"Police chief"

means the City of Bell police chief, and includes his or her designee(s).

"Police department"

means the City of Bell police department.

"Premises"

means a single parcel of property. Where contiguous parcels are under common ownership or control, such contiguous parcels shall be counted as a single "premises."

"Primary caregiver"

has the same definition as provided for in Section 11362.7(d) of the Health and Safety Code, and as may be amended, including being "the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person" A "primary caregiver" shall also meet the requirements of Health and Safety Code Section 11362.7(e), and as may be amended, which provide that a "primary caregiver shall be at least 18 years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Section 6922, 7002, 7050, or 7120 of the Family Code."

"Qualified patient"

has the same definition as provided for in Health and Safety Code Section 11362.7(f), and as may be amended, defined as "a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this chapter."

"Retailer"

means a person engaged in the retail sale or delivery of cannabis or cannabis products to a customer.

"School"

means, as the term is understood by Section 26054(b) of the Business and Professions Code, and as may be amended, as a place of instruction in kindergarten or any grades 1 through 12.

"Serious medical condition"

has the same definition as set forth in Health and Safety Code Section 11362.7(h), and as may be amended, defined as meaning all of the following medical conditions: (1) acquired immune deficiency syndrome (AIDS); (2) anorexia; (3) arthritis; (4) cachexia; (5) cancer; (6) chronic pain; (7) glaucoma; (8) migraine; (9) persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis; (10) seizures, including, but not limited to, seizures associated with epilepsy; (11) severe nausea; (12) any other chronic or persistent medical symptom that either: (i) substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336), or (ii) if not alleviated, may cause serious harm to the patient's safety or physical or mental health.

"Site"

means the premises and actual physical location of a commercial cannabis operation, as well as its accessory structures and parking areas.

"State license"

means a State of California commercial cannabis operation license, as provided for in Division 10 of the Business and Professions Code (and attendant state regulations), and as may be amended.

"Testing laboratory" or "testing"

refers to a laboratory, facility, or entity that offers or performs tests on cannabis or cannabis products; includes the activity of laboratory testing.

"Volatile solvent"

has the same definition as set forth in Health and Safety Code Section 11362.3, and as may be amended, defined as a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

"Youth center"

means, as the term is understood by Section 26001(av) of the Business and Professions Code, and as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. All adult-use commercial cannabis operations (including non-profit operations) within the city, including, but not limited to, those which involve the activities of cultivation, manufacturer, testing laboratory, retailer, distributor or microbusiness, are prohibited, including, but not limited, to adult-use commercial cannabis activities licensed by the state license classifications listed below as provided in Business and Professions Code Section 26050, and as amended:

B. Medical commercial cannabis operations (including non-profit operations) within the city which involve the activities of outdoor cultivation, mixed-light cultivation, retailer, or microbusiness are prohibited, including, but not limited to, medical commercial cannabis activities licensed by the state license classifications listed below as provided in Business and Professions Code Section 26050, and as amended:

C. The prohibition provided by subsections A and B includes any similar activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of similar activities, or similar operations (including non-profit, collective or cooperative operations), including, but not limited to, a Type 9 (Non-Storefront Retailer) as understood by Division 42 (Bureau of Cannabis Control) of Title 16 of the California Code of Regulations.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. Medical commercial cannabis operations (including non-profit operations) within the city which involve the activities of indoor cultivation, manufacturer, testing laboratory or distributor are allowed subject to: (1) issuance and maintenance of a valid and current City of Bell commercial cannabis operation permit; (2) either (as determined by this chapter) entering into and continuing adherence to a development agreement as provided for by Section 5.88.100 of this chapter, or issuance and maintenance of a conditional use permit issued pursuant to Chapter 17.96; (3) continuing adherence to this entire chapter and all applicable city and state regulations and laws; and (4) issuance and maintenance of a valid and current state license type listed below, as provided for in Business and Professions Code Section 26050, and as amended:

B. The requirements provided by subsection A above apply to any similar medical cannabis activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of similar activities, or similar operations (including non-profit, collective or cooperative operations).

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. Prior to initiating operation as a commercial cannabis operation and as a continuing requisite to conducting operations, the owner of a commercial cannabis operation shall:

1. Be issued and maintain a commercial cannabis operation permit from the city under the terms and conditions set forth in this chapter; and

2. Either (as determined by this chapter): (i) enter into and adhere to a development agreement pursuant to Section 5.88.100 of this chapter; or (ii) be issued and maintain a conditional use permit from the city issued pursuant to Chapter 17.96.

B. A commercial cannabis operation permit shall automatically expire one year from the date of issuance.

C. Conditions necessary for the continuing validity of a commercial cannabis operation permit include:

1. Strict adherence to each and every requirement of this chapter, as well as any requirements adopted by the city pursuant to the authority of this chapter.

2. Maintaining a current and valid state license as provided for in Division 10 of the Business and Professions Code. Revocation or suspension of such state license shall automatically revoke the equivalent city commercial cannabis operation permit.

3. Allowing operations officers to conduct reasonable inspections of the location of the commercial cannabis operation at the discretion of the city, including, but not limited to, inspection of security, inventory, and written records and files pertaining to the commercial cannabis operation, for the purposes of ensuring compliance with local and state law.

4. Maintaining with the city current and valid contact information of the owner(s) and manager(s) of the commercial cannabis operation.

5. Maintaining with the city current and valid contact information of a legal representative of the commercial cannabis operation.

D. A commercial cannabis operation permit is transferable only if transferee successfully completes all of the requirements that a new applicant for a commercial cannabis operation permit would otherwise need to meet.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. The owner of a proposed commercial cannabis operation shall file an application with the director upon a form provided by the city and shall pay a filing fee as established by resolution adopted by the city council, as may be amended from time to time.

B. Only applications which qualify for a development agreement pursuant to Section 5.88.100 shall be accepted, until such time as a cannabis tax ballot measure initiated by the city council is approved by the city electorate. Subsequent to the approval of such a cannabis tax ballot measure by the city electorate, applicants which do not qualify for a development agreement pursuant to Section 5.88.100 shall be required to secure a conditional use permit pursuant to Chapter 17.96 of this code, prior to beginning any commercial cannabis operation in the city.

C. An application for a commercial cannabis operation permit shall include, but not be limited to, the following information:

1. Business.

a. Activities. A general description of the proposed operation, including how the proposed operation will operate in compliance with this code and state law, plans for handling cash and transporting cannabis and cannabis products to and from the premises, and the proposed use of all areas on the premises, including, but not limited to, specific activities, storage, lighting and signage.

b. Security. A security plan detailing measures to the satisfaction of the director that all applicable security-related requirements under state and local law, including, but not limited to, the requirements of Section 5.88.110(B), are and will be met.

c. Odor Control. An odor control plan detailing odor control measures in accordance with Section 5.88.110(C), to the satisfaction of the director.

d. Ownership. A description of the statutory entity or business form that will serve as the legal structure for the applicant, the ownership structure of the applicant as filed with the California Secretary of State (e.g., limited liability company, joint partnership, S-Corporation) (an applicant that is a foreign corporation shall include in its application the certificate of qualification issued by the Secretary of State of California), and a copy of the entity's formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement.

e. Seller's Permit. The seller's permit number issued by the board of equalization or evidence that the applicant has applied for a seller's permit from the board of equalization (as required by law).

f. Other Licenses and Permits. Identification of any other licenses or permits for commercial cannabis operations, whether for the City of Bell or for any other licensing or permitting authority: (i) held currently by the applicant; (ii) pending approval for the applicant; or (iii) denied to, revoked from or suspended for the applicant.

g. Physical. A general description of the proposed operation, including the street address, parcel number, the total square footage of the site, and the characteristics of the surrounding area.

h. Floor Plan. A scaled floor plan for each level of each building that is part of the business site, including the entrances, exits, walls, and operating areas. The floor plan must be professionally prepared by a licensed civil engineer or architect.

i. Site Plan. A scaled site plan of the business site, that will include at a minimum all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan must be professionally prepared by a licensed civil engineer or architect.

j. Hours of Operation. Proposed hours and days of operation shall be provided.

2. Individuals.

a. Managers. The name, address, e-mail and phone number of any person who is managing or responsible for the commercial cannabis operation's activities.

b. Community Outreach Manager. The name, e-mail and phone number of an employee designated as community outreach manager, who will be responsible for outreach and communication with the surrounding community, including the neighborhood and nearby businesses.

c. Employees. A list of the names of all current and prospective employees of the commercial cannabis operation, along with any other identifying information requested by the director.

d. Consent to Criminal Investigation. Written consent from all employees to fingerprinting and a criminal background investigation by the city, upon a form provided by the city, accompanied with payment of appropriate fees to city to cover the costs of performing such criminal background check. At the discretion of the city and in compliance with state law, the city may use Live Scan to perform criminal background checks.

e. Identification. For each employee, a color photocopy of either a valid California driver's license or equivalent identification approved by the director.

f. Land Owner. The name, address, e-mail and phone number of the owner and lessor of the real property upon which the commercial cannabis operation is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgement from the owner of the property that a commercial cannabis operation will be operated on his or her property.

3. Miscellaneous.

a. Any additional application requirements specific to the type of commercial cannabis operation permit being sought, including, but not limited to, as provided for in Sections 5.88.120 through 5.88.150 of this chapter.

b. Evidence satisfactory to the director of compliance with all local and state law requirements governing commercial cannabis operations.

c. Evidence satisfactory to the director of compliance with all applicable insurance requirements as provided for by this chapter, local law and state law. Minimum insurance levels shall be determined by the director after an assessment of the risks posed by the commercial cannabis operation, including provision for meeting the requirements of Section 5.88.080(E)(2).

d. Authorization for the director to seek verification of the information contained within the application.

e. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

f. Any such additional and further information as is deemed necessary by the director to administer this chapter.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. Issuance of a commercial cannabis operation permit constitutes a revocable privilege and shall not create or establish any vested rights for the development or use of a property.

B. Upon receipt of a completed application and payment of the application and license fees, the director shall investigate the information contained in the application to determine whether the applicant shall be issued the requested permit, and shall prepare a written report on the acceptability of the application.

1. Within 90 days of receipt of a completed application, the director shall complete the investigation, approve, conditionally approve, or deny the application as being in compliance with the requirements of this chapter, and so notify the applicant.

2. If the director determines that the application is incomplete, the director shall notify the applicant in writing explaining the reasons thereof within 60 days of receipt of the application. Applicant shall have 30 days to submit a completed application, in accordance with the director's notification. If the application is resubmitted as incomplete, it shall be deemed abandoned. The applicant may then resubmit a new application for a new review pursuant to the requirements of this section.

3. If the director neither grants nor denies a complete application within 90 days after it is received, except as provided for by subsection (B)(4), the application shall be forwarded to the city council at its next (or as soon as practicable thereafter) regularly scheduled meeting for consideration in strict conformance with the requirements of this chapter.

4. At the director's sole discretion, the time limits in this section may be extended upon written notification from the director to the applicant.

C. The director shall grant the application (subject to subsections D and E of this section) upon findings that the proposed permit meets all of the requirements of this chapter, unless the director finds any of the following:

1. The applicant has made one or more false or misleading statements or omissions, either on the written application or during the application process; or

2. A proposed location for the commercial cannabis operation is not allowed by state or local law, statute, ordinance, or regulation; or

3. The applicant has not satisfied each and every requirement of this chapter and code; or

4. The applicant is not in compliance with applicable state law, including, but not limited to, applicable requirements and minimum standards of the Adult Use of Marijuana Act of 2016 (AUMA) (Proposition 64), the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017 (MAUCRSA) and any applicable state regulations.

D. Based on the information set forth in the application and the director's review, the director may impose reasonable terms and conditions on the use of the permit in addition to those specified in this chapter to ensure the safe operation of the commercial cannabis operation, and to ensure the health, safety and welfare of the citizens and visitors of the City of Bell.

E. Before receiving possession of an approved commercial cannabis operation permit, as provided for in this chapter, the commercial cannabis operation permit holder shall to the satisfaction of the director:

1. Provide written authorization to operations officers to conduct reasonable unannounced inspections of the location of the commercial cannabis operation at the discretion of the city, including, but not limited to, inspection of security, inventory, and written records and files pertaining to the commercial cannabis operation, for the purposes of ensuring compliance with this chapter and all laws of the city and the State of California.

2. Execute an agreement to indemnify, defend and hold harmless (at the commercial cannabis operation permit holder's sole expense, the ability to do so demonstrated through proof of sufficient insurance coverage to the satisfaction of the city) the city, its elected officials, employees, agents, officers, and representatives, and each and all of them individually, from all liability or harm arising from or in connection with all claims, damages, attorney's fees, costs and allegations arising from or in any way related to the operation of the commercial cannabis operation; and, to reimburse the city for any costs and attorney's fees that the city may be required to pay as a result of such action. The city may, at its sole discretion, participate at its own expense in the defense of any such action.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. Commercial cannabis operation permits issued by the city constitutes a revocable privilege. Commercial cannabis operation permits issued pursuant to this chapter shall automatically expire one year from the date of issuance.

B. The following procedures shall govern the process for the renewal of a commercial cannabis operation permit:

1. A holder of a commercial cannabis operation permit may apply for the renewal of an existing permit no less than 60 days prior to the permit's expiration date upon a form provided by the city and shall pay a filing fee as established by resolution adopted by the city council as amended from time to time.

2. Renewal applications shall comply with all of the requirements in this chapter for applying for a new commercial cannabis operation permit, including, but not limited to, the requirements in Section 5.88.070. At the discretion of the director, renewal applications may consist of updating any changes to an original application or previous renewal application.

3. The director will review permit renewal applications and make a determination as to whether the commercial cannabis operation has remained in compliance with all the requirements of this chapter and state law during the prior term of the permit. If the director makes a contrary determination, the application for a permit renewal shall be denied. If the director determines the commercial cannabis operation has remained in compliance with all the requirements of this chapter and state law during the prior term of the permit, the permit renewal application will be granted. The city manager's decisions on whether to grant an application for a permit renewal shall be final.

4. If the holder of a commercial cannabis operation permit files a renewal application less than 60 days prior to expiration, the holder must provide a written explanation detailing the circumstances surrounding the late filing. If the director accepts the application, then the director may elect to administratively extend the permit beyond the expiration date while the director completes the renewal permitting process.

5. An application for renewal will only be accepted if it is accompanied by the requisite fees as set by resolution of the city council, and as amended from time to time.

C. A commercial cannabis operation permit is immediately invalid upon expiration if the permit holder has not filed a timely and/or accepted renewal application and remitted all of the required fees. In the event the permit is not renewed prior to expiration, the affected commercial cannabis operation shall not operate and is considered to be unlawful.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

Prior to operating in the city and issuance of a certificate of occupancy, in addition to the issuance of a commercial cannabis operation permit, a commercial cannabis operation shall either apply for and enter into a development agreement with the city (if determined to be a qualified applicant as detailed in subsection B below), or secure the issuance of a conditional use permit pursuant to both the requirements of this chapter (including, but not limited to, Section 5.88.070(B)) as well as Chapter 17.96 of this code (if determined to not be a qualified applicant as detailed in subsection B below).

A. Content and Procedures.

1. Development agreements required pursuant to this chapter shall set forth the terms and conditions under which the commercial cannabis operation will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the city.

2. The procedures for development agreements will comply with this chapter, the Bell Municipal Code and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code.

B. Qualified Applicant. Development agreements are for substantial development projects, often requiring an investment in infrastructure and/or improvements, and payment of development impact fees. Such agreements are special contracts to be negotiated with property owners or those with an interest in the land. A qualified applicant must meet all of the following criteria, satisfaction of each criterion to be determined in the sole discretion of the director:

1. Issuance of both a commercial cannabis operation permit as well as the equivalent state license issued under Division 10 of the Business and Professions Code; and

2. Legal or equitable interest in the real property of the commercial cannabis operation site; and

3. Proposed development of the commercial cannabis operation site that consists of a substantial physical improvement (e.g., infrastructure improvements, installation of irrigation systems, grow lamps, testing equipment, manufacturing devices) of the site; and

4. Proposed operational footprint for the commercial cannabis operation at the site of no less than 10,000 square feet.

C. Filing Requirements.

1. Only a qualified applicant may file an application to enter into a development agreement. An applicant shall provide, to the satisfaction of the director, written proof of meeting the criteria in subsection B above, as well as proof of the authority of the agent or representative to act for the applicant.

2. The director shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the director, along with a deposit for the estimated direct and indirect costs of processing the development agreement. The applicant shall deposit any additional amounts for all costs and fees to process the development agreement, including all legal fees, within 15 days of request by the director. Upon either completion of the application process or withdrawal of the application, the city shall refund any remaining deposited amounts in excess of the costs of processing.

3. The director shall require an applicant to submit such information and supporting data as the director considers necessary to process the application, including, but not limited to, a community benefit assessment to evaluate the benefits the development agreement will provide to the community.

D. Processing and Requirements.

1. The director shall endorse on the application the date it is received. An application or related document shall not be complete until an estimated deposit for the cost of processing has been paid to the city. The director shall review the application and determine any additional requirements necessary to complete processing of the agreement. If within 30 days of receiving the application the director finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any limits shall be suspended upon written notice to the applicant and a new 30 day period shall commence once the required material is received by the director.

2. If the director finds that the application is complete it shall be accepted for filing and the applicant so notified. After receiving the required information and the application is determined to be complete, the director shall prepare a staff report and recommendation to the planning commission and city council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the city, this chapter and any applicable general or specific plan. The city attorney shall review the proposed development agreement as to legal form.

3. Notice of a hearing regarding the development agreement shall be given by the director and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set forth in this code.

4. The planning commission shall review the proposed development agreement and provide a recommendation to the city council to approve, approve with modifications or deny the proposed development agreement. If the planning commission fails to take action within 60 days of opening the hearing on the matter, such failure shall be deemed to have made a recommendation of denial to the city council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the planning commission prior to the running of the sixtieth (60th) day.

5. The proposed development agreement shall be set for hearing and consideration before the council within 60 days of the recommendation of the planning commission, unless the applicant agrees in writing to an extension of time with the director prior to the matter being heard by the council.

6. Within 10 calendar days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the city terminates or modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

E. Findings and Development Agreement Conditions. After the city council completes the public hearing, the council may not approve the development agreement unless it finds that the provisions of the agreement:

1. Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;

2. Are compatible with the uses authorized in and the regulations prescribed for the zoned district and area in which the real property is located;

3. Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;

4. Will not adversely affect the orderly development of property or the preservation of property values; and

5. Provides for a reasonable penalty for any violation of the development agreement.

F. Modifications and Extensions.

1. The provisions of Section 65868 of the California Government Code shall apply for all modifications, extensions or other amendments of the terms of a development agreement subject to this chapter.

2. Either party may propose an amendment or termination of an approved development agreement subject to the following:

a. The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.

b. The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.

3. Nothing herein shall limit the city's ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code, or as may be amended.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A commercial cannabis operation shall operate in conformance with the following minimum standards, and such standards shall be deemed to be part of the conditions of the permit for a commercial cannabis operation to ensure that its operation is in compliance with California law and the Bell Municipal Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.

Additional minimum standards may be adopted from time to time either by resolution or ordinance from the city council, or by the director (upon authorization by resolution from the city council).

A. State Standards. All state requirements and regulations that govern the operation of a commercial cannabis operation, including ones related specifically to certain types of commercial cannabis operations, shall apply as minimum requirements and regulations for commercial cannabis operations within the City of Bell, in addition to the requirements and regulations of this chapter and this code.

B. Security.

1. General. All cannabis, cannabis products and cash present or kept at the premises shall be securely stored against both unauthorized access as well as theft.

2. Licensed Security Guard.

a. No less than one security guard shall be present at the location of the commercial cannabis operation during all hours of operation.

b. All security guards shall be licensed by and in good standing with the Bureau of Security and Investigative Services of the California Department of Consumer Affairs (BSIS).

c. If any security guard is to be armed with a firearm and/or a baton, then that security guard shall possess at all times a valid and current firearms permit and/or baton permit issued by the BSIS.

d. At the determination of the director further use of, and requirements for, security guards may be required of permittee.

3. Security Cameras.

a. Security cameras shall be installed and maintained in good condition, with at least 30 days of digitally recorded documentation in a format approved by the director.

b. The camera and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present at the site of the commercial cannabis operation.

c. The cameras shall be in continuous use 24 hours per day, seven days per week.

d. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium (as determined by the director and the police chief), including, but not limited to, DVD and a USB drive.

e. The areas to be covered by the security cameras include, but are not limited to, the storage areas, operation areas, all doors and windows, the parking lot, all exterior sides of the property adjacent to the public rights-of-way, and any other areas as determined by the director and the police chief.

f. Remote log-in information will be provided to the operations officers to allow them to view live and recorded security camera images from their own facilities at any time.

4. Alarm System. The location of the commercial cannabis operation shall be alarmed with a centrally-monitored fire and burglar alarm system, and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with Section 7590, et seq., of the Business and Professions Code, and whose agents are properly licensed and registered under applicable law.

5. Locked Entrances. All entrances into the building housing a commercial cannabis operation shall be locked from the exterior at all times with entry controlled by employees.

6. Windows. All windows on the building that houses the commercial cannabis operation shall be secured against entry from the outside.

7. No employee shall refuse, impede, obstruct or interfere with an inspection conducted pursuant to the authorizations provided by this chapter.

C. Odors.

1. A commercial cannabis operation shall have an air treatment system that ensures off-site odors shall not result from its activities.

2. This requirement at a minimum means that the commercial cannabis operation shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the commercial cannabis operation is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the commercial cannabis operation, if the use only occupies a portion of a building.

D. Authorizations.

1. The operations officers shall have the right to enter all areas of the commercial cannabis operation from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and all laws of the city and State of California.

2. Recordings made by security cameras required pursuant to this chapter shall be made available to the operations officers upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials.

E. Records.

1. Commercial cannabis operations shall maintain on-site the following records either in paper or electronic form:

a. The full name, address, and telephone numbers of the owner and lessee of the property.

b. The name, date of birth, address, and telephone number of each employee of the commercial cannabis operation; the date each was hired; and the nature of each employee's participation in the commercial cannabis operation.

c. Copies of all required state licenses.

d. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including, but not limited to, being sold, delivered, or distributed.

e. A written accounting of all expenditures, costs, revenues and profits of the commercial cannabis operation, including, but not limited to, cash and in-kind transactions.

f. A copy of all insurance policies related to the operation of the commercial cannabis operation.

g. A copy of the commercial cannabis operation's most recent year's financial statement and tax return.

h. Proof of a valid and current permit issued by the city in accordance with this chapter, and the equivalent State of California license to operate the commercial cannabis operation. Every commercial cannabis operation shall display at all times during business hours the city permit issued pursuant to the provisions of this chapter, and the equivalent state license, in a conspicuous place so that it may be readily seen by all persons entering

2. All records required to be maintained by the commercial cannabis operation must be maintained for no less than three years and are subject to immediate inspection (consistent with requirements pertaining to patient confidentiality pursuant to applicable state and federal law) upon a lawful written request by an operations officer.

3. A commercial cannabis operation shall report any loss, damage, or destruction of these records to the operation officers within 24 hours of the loss, damage, or destruction.

F. Site Management.

1. Commercial cannabis operations shall not result in a nuisance or adversely affect the health, welfare, or safety of nearby persons by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste. The permittee shall promptly and diligently both prevent as well as eliminate conditions on the site of the commercial cannabis operation that constitute a nuisance.

2. The commercial cannabis operation permittee shall maintain the exterior of the site, including any parking lots under the control of the permittee, free of litter, debris, and trash.

3. The commercial cannabis operation permittee shall properly store and dispose of all waste generated on the site, including chemical and organic waste, in accordance with all applicable laws and regulations.

4. Notwithstanding any provisions of this code to the contrary, the commercial cannabis operation permittee shall remove all graffiti from the site and parking lots under the control of the commercial cannabis operation permittee within 72 hours of its application.

G. State Board of Equalization Seller's Permit.

1. Commercial cannabis operations must obtain (as required by law) a seller's permit from the State Board of Equalization.

2. Such permit shall be conspicuously displayed at the commercial cannabis operation.

H. Employees.

1. All employees must submit to fingerprinting and criminal background checks by the city.

a. No employee convicted within the last 10 years of a felony substantially related to the qualifications, functions or duties of an employee of a commercial cannabis operation (such as a felony conviction for distribution of controlled substances, money laundering, racketeering, etc.) shall be employed by a commercial cannabis operation, unless such employee has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the expungement was granted.

b. At the request of the commercial cannabis operation, the director and police chief shall determine the applicability of a waiver of this section to a potential employee for good cause within a reasonable period of time after a written request has been made to the director and police chief for such determination.

2. All employees must possess a valid government issued (or equivalent) form of identification containing an identifying photograph of the employee, the name of the employee, the date of birth of the employee, and the residential address of the employee. Color copies of such identification shall be maintained at the location of the commercial cannabis operation. A valid California driver's license will satisfy this requirement.

I. Cannabis Transfer Between Permitted Operations Only. A commercial cannabis operation shall not transfer cannabis or cannabis products to or from another commercial cannabis operation, unless both operations are in possession of all required state and local licenses and permits.

J. Commercial Cannabis Operation Signage.

1. Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Bell Municipal Code.

2. Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with the appropriate sign requirements within the applicable zoning district.

K. Prohibited Personal Activities.

1. Cannabis Use. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the site of the manufacturing operation.

2. Alcohol Use. No person shall possess, consume, or store any alcoholic beverage on the site of the manufacturing operation.

L. No Minors. No minor shall operate a commercial cannabis operation in any capacity, including, but not limited to, as a manager, employee, contractor or volunteer.

M. Exterior Lighting. The exterior of the premises upon which the commercial cannabis operation is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than one foot-candle as measured at the ground level, including, but not limited to, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas.

N. Building Design. A commercial cannabis operation permittee must maintain the design of the buildings on the site in accordance with the plans that are approved by the city pursuant to this chapter and otherwise approved by the city. No permittee shall modify the buildings on the site contrary to the approved plans, without the approval of the director.

O. Nuisance. The commercial cannabis operation permittee shall take all reasonable steps to discourage and correct conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if related to the subject commercial cannabis operation.

1. "Reasonable steps" shall include immediately calling the police upon observation of the activity, and requesting that those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities, unless personal safety would be threatened in making the request.

2. "Nuisance" includes, but is not limited to, disturbances of peace, open public consumption of cannabis, alcohol or controlled substances, excessive pedestrian or vehicular traffic, including the formation of any pedestrian lines outside the building, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.

P. Upon and after receiving possession of a commercial cannabis operation permit as provided for in this chapter, the commercial cannabis operation permit holder shall:

1. Immediately update the director in writing upon the change in status of any of the information previously submitted to the city concerning the commercial cannabis operation, including, but not limited to, when there is any change in the address, email, phone number, or other identifying information, previously provided to the city in compliance with this chapter, for any owner, manager, community outreach manager, property owner, or legal representative of the commercial cannabis operation.

2. Maintain continuing compliance with criminal background check requirements of this chapter by ensuring that:

a. Upon the hiring, association or retention of an employee by the commercial cannabis operation, the requirements of Section 5.88.070(C)(2)(d) are immediately met for such employee by provision of appropriate documentation and applicable fees to the director; and

b. The director and police chief are immediately informed in writing of any felony conviction as described in subsection (H)(1)(a) of this section for any current employee.

3. Maintain continuing compliance with all applicable insurance requirements, including, but not limited to, those imposed by the city and this chapter.

Q. Exemptions. The regulations contained in this chapter shall not apply to a commercial cannabis operation engaged in the following uses, as long as such use complies strictly with applicable law regulating such use and the location of such use, including, but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq.; a clinic permitted pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility permitted pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness permitted pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice; or a home health agency permitted pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A commercial cannabis operation engaged in cultivation shall operate in conformance with both the general operating standards and restrictions provided for in Section 5.88.110, as well as the following minimum standards, and such standards shall be deemed to be part of the conditions of the permit for a cultivation commercial cannabis operation to ensure that its operation is in compliance with California law and the Bell Municipal Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.

Additional minimum standards may be adopted from time to time either by resolution or ordinance from the city council, or by the director (upon authorization by resolution from the city council).

A. State Standards. All state requirements and regulations that govern cultivation operations, including, but not limited to, the regulations promulgated by the California Department of Food and Agriculture, and as may be amended, shall apply as minimum requirements and regulations for cultivation commercial cannabis operations within the City of Bell, in addition to the requirements and regulations of this chapter and this code.

B. Location Restrictions.

1. No cultivation operation shall locate and/or operate in any area or zone of the City of Bell, other than within the Cheli district (comprised of portions of the manufacturing (M) district and the commercial manufacturing (C-M) district).

2. No cultivation operation shall be located within 600 feet of a school, day care center or youth center. The distance shall be measured as the shortest horizontal distance measured in a straight line from the property line of one site to the property line of another site.

C. Permits. Pursuant to Business and Professions Code Section 26053(c), a cultivation permit holder may hold one or more of the following state license types as provided for in Business and Professions Code Section 26050:

D. Water.

1. The water supply shall be sufficient for the operations intended, shall comply with all state regulations, and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the operation's needs.

2. Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the site and that shall properly convey sewage and liquid disposable waste from the operation. There shall be no cross-connections between the potable and waste water lines.

E. Sanitation.

1. The permittee shall establish and implement written procedures that maintain the highest industry standards of sanitation and cleanliness for the operation so as to ensure at all times cannabis remains free of harmful contaminants, including, but not limited to, pesticides, mold and fungus.

2. Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed.

3. Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair.

F. Site Requirements. The site shall comply with the following requirements:

1. Visibility. No cannabis shall be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

2. Main Entrance and Lobby. The site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the cultivation commercial cannabis operation areas. Members of the general public shall not be allowed in the cultivation commercial cannabis operation areas except for reasons of lawful business.

3. Cultivation Area. All cultivation areas in any building on the site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

4. Storage Area. Each building with a cultivation area shall have adequate storage space for cannabis that has completed the cultivation process or is otherwise not being cultivated. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

5. Secure Product. All cannabis, whether being cultivated or otherwise, at the site shall be kept in a secured manner at all times so as to deter theft and unauthorized access.

6. Transport Area. Each building with a cultivation area shall have an area designed for the secure transfer of cannabis from the cultivation area to a vehicle for transportation.

7. Lighting. Sufficient lighting must be used in all areas where cannabis is cultivated and stored, and where equipment or utensils are cleaned, so that at all times the items and activities in these areas are fully visible to both any security cameras covering the areas as well as the naked eye.

G. Training. The permittee shall establish and implement written procedures that provide for the highest industry standards of training for employees engaged in cultivation operations.

H. Signs. A permittee shall display conspicuously in the lobby of the site the following signs, so that each sign may be readily seen by persons entering the site, and each sign must be at least eight inches by 10 inches in size:

1. "This site is not open to the public."

2. "Retail sales of any goods and services is prohibited."

3. "Minors are prohibited from entering this site."

4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited."

I. Restricted Access.

1. The site shall be closed to the general public. No one shall be allowed on the cultivation site, except for employees, or persons with a bona fide business or regulatory purpose for being on the site, such as contractors or inspectors.

2. Minors are prohibited at all times from entering the location of the site.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A commercial cannabis operation engaged in manufacturing shall operate in conformance with both the general operating standards and restrictions provided for in Section 5.88.110, as well as the following minimum standards, and such standards shall be deemed to be part of the conditions on the permit for a manufacturing commercial cannabis operation to ensure that its operation is in compliance with California law and the Bell Municipal Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.

Additional minimum standards may be adopted from time to time either by resolution or ordinance from the city council, or (upon authorization by resolution from the city council) by the director.

A. State Standards. All state requirements and regulations that govern manufacturing operations, including, but not limited to, both regulations promulgated by the State Department of Public Health, as well as all horticultural, labeling and processing standards, shall apply as minimum requirements and regulations and requirements for manufacturing commercial cannabis operations within the City of Bell, in addition to the requirements and regulations of this chapter and this code.

B. Location Restrictions.

1. No manufacturing operation shall locate and/or operate in any area or zone of the City of Bell, other than within the Cheli district (comprised of portions of the manufacturing (M) district and the commercial manufacturing (C-M) district).

2. No manufacturing operation shall be located within 600 feet of a school, day care center or youth center. The distance shall be measured as the shortest horizontal distance measured in a straight line from the property line of one site to the property line of another site.

C. Manufacturer 1 (Type 6) permittees (as defined by Division 10 of the Business and Professions Code) shall utilize only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

D. Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements:

1. The system uses only solvents that are generally recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

2. The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process.

3. A licensed engineer certifies that the system is commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).

4. The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified.

E. Health and Safety— Director Approval.

1. General.

a. Manufacturing operations before commencing operation, and as a continuing prerequisite to continuing operations, shall receive, and maintain, written approval from the director that any closed-loop system, other equipment used, the on-site storage of compressed gases, the extraction operation, and the manufacturing facilities in general, all meet or exceed appropriate health and safety standards as determined by the director.

b. These health and safety standards include any required fire, safety and building code requirements specified in the California Fire Code, the National Fire Protection Association (NFPA) standards, the International Building Code (IBC), the International Fire Code (IFC), and any other applicable standards, including complying with all applicable fire, safety, and building codes in processing, handling, and storage of solvents or gases.

2. Fire Safety Plan.

a. Manufacturing operations shall not commence until written approval is received from the director for a completed fire safety plan for the operation.

b. An application for a renewal of a manufacturing commercial cannabis operation permit shall not be approved until an inspection of the site occurs by the director which affirms that both the operation remains in compliance with the approved fire safety plan (or an amended fire safety plan as determined by the director) and that any further actions that need to be taken in the determination of the director are taken to ensure that all applicable and necessary health and safety requirements are met.

3. Certified Industrial Hygienist (CIH).

a. The permittee must provide for, maintain, and follow a detailed plan prepared by a CIH, and approved by the director, to insure the appropriate health and safety procedures including, but not limited to, procedures necessary to control hazards, for use of proper protective equipment, product safety, compliance with Cal OSHA limits, to provide specifications for ventilation controls, and ensure environmental protections, are adopted and used by the operation on a continuing basis.

b. The director shall establish further written requirements for the plan, including, but not limited to, required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the director the permittee shall be required to update or amend the approved plan to the satisfaction of the director.

4. UL (Underwriters Laboratories) Listed. All processing and analytical testing devices used by the operation must be UL listed, or otherwise approved for the intended use by the director. Any processing devices using only non-pressurized water are exempt from such approval.

5. Hazardous Materials. All hazardous material used, generated or associated with the operation must be disposed of in a manner which is approved by the director before disposal occurs, and which is compliant with all local, state and federal guidelines for the disposal of hazardous materials.

6. Waste Treatment System. The permittee must provide for and maintain a waste treatment system which is approved by the director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to such a system's waste or waste by-products.

F. Site Requirements. The site shall comply with the following requirements:

1. Indoor Manufacturing Only. All manufacturing shall occur in a fully enclosed building.

2. Fire Sprinklers. The site shall be equipped with an automatic fire sprinkler system, in accordance with NPFA 13, California Fire Code (Section 903), and the Bell Municipal Code, with zero square foot requirement.

3. Visibility. Neither cannabis, cannabis products nor visible exterior evidence of any manufacturing activity, shall be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

4. Main Entrance and Lobby. The site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the manufacturing areas. Members of the general public shall not be allowed in the manufacturing commercial cannabis operation areas except for reasons of lawful business.

5. Secure Product. All cannabis and cannabis products at the site shall be kept in a secured manner at all times.

6. Manufacturing Area. All manufacturing areas in any building on the site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

7. Transport Area. Each building with a manufacturing area shall have an area designed for the secure transfer of cannabis from a vehicle to the manufacturing area.

8. Storage Area. Each building with a manufacturing area shall have adequate storage space for cannabis that has been manufactured or is waiting to be manufactured. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the manufacturing permittee.

G. Sanitation. The permittee shall establish and implement written procedures that maintain the highest industry standards of sanitation and cleanliness for the operation so as to ensure the manufacture of cannabis products free of harmful contaminants.

H. Training. The permittee shall establish and implement written procedures that provide for the highest industry standards of training for employees engaged in manufacturing operations.

I. Edible Cannabis Products. All edible cannabis products manufactured by an operation shall be (as provided for in Section 26130(c) of the Business and Professions Code, and as may be amended):

1. Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain cannabis.

2. Produced and sold with a standardized concentration of cannabinoids not to exceed 10 milligrams tetrahydrocannabinol (THC) per serving.

3. Delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form.

4. Homogenized to ensure uniform disbursement of cannabinoids throughout the product.

5. Manufactured and sold under sanitation standards established by the State Department of Public Health, in consultation with the bureau, that are similar to the standards for preparation, storage, handling, and sale of food products.

6. Provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the cannabis product and directions as to how to consume the cannabis product, as necessary.

7. Marked with a universal symbol, as determined by the State Department of Public Health through regulation.

J. Signs. A permittee shall display conspicuously in the lobby of the site the following signs, so that each sign may be readily seen by persons entering the manufacturing site, and each sign must be at least eight inches by 10 inches in size:

1. "This site is not open to the public."

2. "Retail sales of any goods and services is prohibited."

3. "Minors are prohibited from entering this site."

4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited."

K. Restricted Access.

1. The site shall be closed to the general public.

2. Minors are prohibited from entering the location of the site.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A commercial cannabis operation engaged in testing shall operate in conformance with both the general operating standards and restrictions provided for in Section 5.88.110, as well as the following minimum standards, and such standards shall be deemed to be part of the conditions of the permit for a testing commercial cannabis operation to ensure that its operation is in compliance with California law and the Bell Municipal Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.

Additional minimum standards may be adopted from time to time either by resolution or ordinance from the city council, or (upon authorization by resolution from the city council) by the director.

A. State Standards. All state requirements and regulations that govern testing operations, including, but not limited to, regulations promulgated by the State Department of Public Health, and as may be amended, shall apply as minimum requirements and regulations for testing commercial cannabis operations within the City of Bell, in addition to the requirements and regulations of this chapter and this code.

B. Location Restrictions.

1. No testing operation shall locate and/or operate in any area or zone of the City of Bell, other than within the Cheli district (comprised of portions of the manufacturing (M) district and the commercial manufacturing (C-M) district).

2. No testing operation shall be located within 600 feet of a school, day care center or youth center. The distance shall be measured as the shortest horizontal distance measured in a straight line from the property line of one site to the property line of another site.

C. Independent. Permittees shall be independent from all other persons and entities involved in nontesting commercial cannabis operations.

D. Health and Safety— Director Approval.

1. General.

a. Testing operations before commencing operation, and as a continuing prerequisite to continuing operations, shall receive, and maintain, written approval from the director that any closed-loop system, equipment used and the testing facilities in general, all meet or exceed appropriate health and safety standards as determined by the director.

b. These health and safety standards include any required fire, safety and building code requirements specified in the California Fire Code, the National Fire Protection Association (NFPA) standards, the International Building Code (IBC), the International Fire Code (IFC), and any other applicable standards, including complying with all applicable fire, safety, and building codes in processing, handling, and storage of solvents or gases.

2. Fire Safety Plan.

a. Testing operations shall not commence until written approval is received from the director for a completed Fire Safety Plan for the operation.

b. An application for a renewal of a testing commercial cannabis operation permit shall not be approved until an inspection of the site occurs by the director which affirms that both the operation remains in compliance with the approved fire safety plan (or an amended fire safety plan as determined by the director) and that any further actions that need to be taken in the determination of the director are taken to ensure that all applicable and necessary health and safety requirements are met.

3. Certified Industrial Hygienist (CIH).

a. The permittee must provide for, maintain, and follow a detailed plan prepared by a CIH, and approved by the director, to insure the appropriate health and safety procedures including, but not limited to, procedures necessary to control hazards, for use of proper protective equipment, product safety, compliance with Cal OSHA limits, to provide specifications for ventilation controls, and ensure environmental protections, are adopted and used by the operation on a continuing basis.

b. The director shall establish further written requirements for the plan, including but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the director the permittee shall be required to update or amend the approved plan to the satisfaction of the director.

4. UL (Underwriters Laboratories) Listed. All testing devices and equipment used by the operation must be UL listed, or otherwise approved for the intended use by the director.

5. Hazardous Materials. All hazardous material used, generated or associated with the operation must be disposed of in a manner which is approved by the director before disposal occurs, and which is compliant with all local, state and federal guidelines for the disposal of hazardous materials.

6. Waste Treatment System. The permittee must provide for and maintain a waste treatment system which is approved by the director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to such a system's waste or waste by-products.

E. Operation Requirements. The testing operation shall be subject to all applicable regulations developed (including as modified) by the State of California for commercial cannabis testing operations, and shall comply with the following requirements:

1. Conduct all testing in a manner pursuant to Section 26100 of the Business and Professions Code, and as amended, subject to state and local law.

2. Conduct all testing in a manner consistent with general requirements for the competence of testing and calibration activities, including sampling using verified methods.

3. Obtain and maintain ISO/IEC 17025 accreditation as required by the state.

4. Destroy the remains of the sample of cannabis or cannabis products upon the completion of analysis as determined by the State through regulations.

5. Dispose of any waste byproduct resulting from testing operations in the manner required by State and local laws and regulations.

F. Site Requirements. The site shall comply with the following requirements:

1. Indoor Testing Only. All testing shall occur in a fully enclosed building.

2. Fire Sprinklers. The site shall be equipped with an automatic fire sprinkler system, in accordance with NPFA 13, California Fire Code (Section 903), and the Bell Municipal Code, with zero square foot requirement.

3. Visibility. Neither cannabis, cannabis products nor visible exterior evidence of any testing activity, shall be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

4. Main Entrance and Lobby. The site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the manufacturing areas. Members of the general public shall not be allowed in the testing commercial cannabis operation areas except for reasons of lawful business.

5. Secure Product. All cannabis and cannabis products at the site shall be kept in a secured manner at all times.

6. Testing Area. All testing areas in any building on the site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

7. Transport Area. Each building with a testing area shall have an area designed for the secure transfer of cannabis from a vehicle to the testing area.

8. Storage Area. Each building with a testing area shall have adequate storage space for cannabis that has been tested or is waiting to be tested. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

G. Sanitation. The permittee shall establish and implement written procedures that maintain the highest industry standards of sanitation and cleanliness for the operation so as to ensure the cannabis tested remains free of harmful contaminants.

H. Training. The permittee shall establish and implement written procedures that provide for the highest industry standards of training for employees engaged in testing operations.

I. Signs. A permittee shall display conspicuously in the lobby of the site the following signs, so that each sign may be readily seen by persons entering the testing site, and each sign must be at least eight inches by 10 inches in size:

1. "This site is not open to the public."

2. "Retail sales of any goods and services is prohibited."

3. "Minors are prohibited from entering this site."

4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited."

J. Restricted Access.

1. The site shall be closed to the general public.

2. Minors are prohibited from entering the location of the site.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A commercial cannabis operation engaged in distribution shall operate in conformance with both the general operating standards and restrictions for all commercial cannabis operations provided for in Section 5.88.110, as well as with the following minimum standards, and such standards shall be deemed to be part of the conditions of the permit for a distribution commercial cannabis operation to ensure that its operation is in compliance with California law and the Bell Municipal Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.

Additional minimum standards may be adopted from time to time either by resolution or ordinance from the city council, or (upon authorization by resolution from the city council) by the director.

A. State Standards. All state requirements and regulations that govern distribution operations, including, but not limited to, the regulations promulgated by the California Bureau of Cannabis Control within the Department of Consumer Affairs, and as may be amended, shall apply as minimum requirements and regulations for distribution commercial cannabis operations within the City of Bell, in addition to the requirements and regulations of this chapter and this code.

B. Location Restrictions.

1. No distribution operation shall locate and/or operate in any area or zone of the City of Bell, other than within the Cheli district (comprised of portions of the manufacturing (M) district and the commercial manufacturing (C-M) district).

2. No distribution operation shall be located within 600 feet of a school, day care center or youth center. The distance shall be measured as the shortest horizontal distance measured in a straight line from the property line of one site to the property line of another site.

C. Distribution Restrictions.

1. Distribution operations shall distribute cannabis and cannabis products only between cannabis commercial operations.

2. Distribution operations shall not conduct retail sales of cannabis or cannabis products.

3. Distribution operations shall not distribute any cannabis or cannabis products to retail operations unless such cannabis or cannabis products has been properly tested and approved for retail sale pursuant to state law.

4. Upon demand by any operation officer a distributor shall make immediately available copies of any required shipping manifests as understood by Section 26070(f) of the Business and Professions Code.

D. Site Requirements. The site shall comply with the following requirements:

1. Visibility. Neither cannabis nor cannabis products shall be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

2. Main Entrance and Lobby. The site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the distribution operation areas. Members of the general public shall not be allowed in the distribution commercial cannabis operation areas except for reasons of lawful business.

3. Secure Product. All cannabis and cannabis products at the site shall be kept in a secured manner at all times.

4. Transport Area. Each building with a storage area shall have an area designed for the secure transfer of cannabis from vehicles to the storage area.

5. Storage Area. Each building shall have adequate storage space for cannabis. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

E. Sanitation. The permittee shall establish and implement written procedures that maintain the highest industry standards of sanitation and cleanliness for the operation so as to ensure the distribution of cannabis and cannabis products free of harmful contaminants.

F. Training. The permittee shall establish and implement written procedures that provide for the highest industry standards of training for employees engaged in distribution operations.

G. Signs. A permittee shall display conspicuously in the lobby of the site the following signs, so that each sign may be readily seen by persons entering the manufacturing site, and each sign must be at least eight inches by 10 inches in size:

1. "This site is not open to the public."

2. "Retail sales of any goods and services is prohibited."

3. "Minors are prohibited from entering this site."

4. "Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited."

H. Restricted Access.

1. The site shall be closed to the general public.

2. Minors are prohibited from entering the location of the site.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. Deliveries Allowed.

1. Medical cannabis deliveries are allowed in the city subject to the requirements of this chapter and compliance with applicable state law.

2. Adult-use (recreational) cannabis deliveries in the city are prohibited.

B. Licenses and Permits. Deliveries of cannabis and cannabis products shall only occur within the city by a commercial cannabis operation properly licensed or permitted to engage in cannabis deliveries by both the State of California as well as the originating jurisdiction of the delivery.

C. Documentation Required for Deliveries.

1. During deliveries the person making the actual delivery shall maintain at all times on his or her person a physical copy of the delivery request being fulfilled, a government-issued identification of the person with a photograph, a copy of the state license which authorizes the delivery activity, and any other license or permit required by the originating jurisdiction to engage in the delivery of cannabis or cannabis products.

2. Upon request made by any operations officer or law enforcement officer the person shall make these documents immediately available for review.

D. Business License. Commercial cannabis operations that conduct deliveries of cannabis or cannabis products to customers located in the city, regardless of the originating jurisdiction of the delivery, are required to have a valid and current city business license to engage in such commercial activity.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

Further rules, regulations, procedures and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the city council, by the director (upon authorization by resolution from the city council), or as further provided by this chapter.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

An application fee set by resolution of the city council shall be required for formal processing of every application made under this chapter. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon commercial cannabis operations.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. The director is authorized to suspend and/or revoke a commercial cannabis operation permit issued pursuant to this chapter upon the determination through written findings of a failure to comply with any provision of this chapter, any permit condition, or any agreement or covenant as required pursuant to this chapter.

B. The director may suspend or revoke a commercial cannabis operation permit if any of the following occur, and the suspension or revocation shall be final:

1. The director determines that the commercial cannabis operation has failed to comply with any aspect of this chapter, any permit condition, or any agreement or covenant as required pursuant to this chapter; or

2. The equivalent state license has been revoked by the State of California; or

3. Operations cease for more than 180 calendar days (including during any change of ownership, if applicable); or

4. Ownership is changed without securing a new commercial cannabis operation permit; or

5. The commercial cannabis operation fails to maintain required security camera recordings; or

6. The commercial cannabis operation fails to allow inspection of the security recordings, the activity logs, the records, or of the site by operations officers pursuant to this chapter.

C. Conditions (if any) of suspension or revocation are at the discretion of the director and may include, but are not limited to, a prohibition on all owners, operators, managers and employees of the suspended or revoked commercial cannabis operation from operating within the city for a period of time set forth in writing and/or a requirement (when operations may resume, if at all, pursuant to the director's determination) for the holder of the suspended or revoked permit to resubmit an application for a commercial cannabis operation permit pursuant to the requirements of this chapter.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. Any violation of this chapter is punishable, at the discretion of the city prosecutor, as a misdemeanor or an infraction pursuant to Section 1.16.010 of this code, except for as preempted by state law; and, any violation of this chapter, at the discretion of the city, is punishable as an administrative citation pursuant to Chapter 1.20 of this code.

B. Public Nuisance Abatement.

1. Any commercial cannabis operation that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 8.36 of this code.

2. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.

3. Any appeal to a determination that a commercial cannabis operation constitutes a public nuisance shall be pursuant to the appeal provisions in Chapter 8.36 of this code.

C. The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

Any notice required by this chapter is deemed issued and served upon the earliest date that either: the notice is deposited in the United States mail, postage pre-paid, addressed to the most recent mailing address provided to the city pursuant to the requirements of this chapter; or, the date upon which personal service of the notice is provided to a responsible party.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

A. All commercial cannabis activity in violation of the Adult Use of Marijuana Act, the Medicinal and Adult-Use of Cannabis Regulation and Safety Act, this chapter, or any other applicable state law is expressly prohibited.

B. It is unlawful for any commercial cannabis operation in the city, or any agent, employee or representative of such commercial cannabis operation, to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct on the premises of the commercial cannabis operation, or to violate any state law, or this chapter.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)

No use which purports to have engaged in a commercial cannabis activity of any nature prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of this code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status.

(Ord. 1226 § 2, 2017; Ord. 1227 § 2, 2018)