Chapter 14.16 — CANNABIS DISPENSARIES

A Conditional Use Permit issued pursuant to Chapter 17.96 for a cannabis dispensary or a medical cannabis dispensary must include, as conditions of approval, the operational standards set forth in Section 14.16.020. In addition, the Conditional Use Permit must incorporate by reference an Operations Plan approved by the Police Chief, that implements not only the operations standards set forth in Section 14.16.020, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this title when considering the location and size of the proposed dispensary.

(Ord. 1323 § 5, 8/28/17)

• A. To operate, a cannabis dispensary must obtain and maintain both a dispensary license from the California Department of Consumer Affairs and a cannabis business permit as set forth in this title.

• B. Subject to the conditions imposed by this title, a cannabis business permit for a cannabis dispensary may authorize the mobile delivery of cannabis as part of and in conjunction with the operation of the dispensary. Mobile delivery privileges may be suspended or terminated by the City Manager, or designee, as set forth in this title.

• C. A cannabis dispensary can be open for access by the public only between the hours of 9:00 a.m. and 9:00 p.m. Sunday through Thursday and 9:00 a.m. and 10:00 p.m. Friday and Saturday.

• D. It is unlawful for alcohol or tobacco to be sold within a cannabis dispensary. Further, it is unlawful for smoking, vaporization, ingestion or consumption of alcohol, tobacco or cannabis in any form, to occur on the premises of a dispensary.

• E. It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property. It is unlawful to store cannabis or cannabis products outside of the dispensary at any time.

• F. All cannabis and cannabis products sold or otherwise made available at a dispensary must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with State and local regulations.

• G. Each cannabis dispensary must provide the City Manager or designee with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

• H. It is unlawful for any person under 21 years of age to be allowed on the premises of a cannabis dispensary unless such person possesses a valid identification card issued by the California Department of Health Services. A sign must be posted at each entrance to a sales/display area of the dispensary informing patrons of these restrictions.

• I. It is unlawful for any person to employ another person under the age of 21 at a cannabis dispensary.

• J. Each entrance to a cannabis dispensary must be posted with a conspicuous notice stating that smoking, vaping, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis dispensary is prohibited.

• K. Entrances into any area of a cannabis dispensary where cannabis products are displayed and/or being offered for sale must be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system must be utilized to limit access to such areas and to separate them from the outside and/or any adjacent reception/lobby area. The specifics of such entry system must be set forth in the Operations Plan.

• L. Uniformed security personnel must be employed to monitor all entrances and exits of the dispensary and to serve as a visual deterrent to unlawful activities during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the Operations Plan.

• M. All restroom facilities serving a dispensary must remain locked and under the control of management.

• N. Odor control devices and techniques must be incorporated in a cannabis dispensary to ensure that odors from cannabis are not detectable outside of the dispensary or in any tenant space or area adjacent to the dispensary.

• O. All law enforcement personnel seeking admission to the dispensary for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan.

• P. All interior spaces of the dispensary which are open and accessible to the public (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24 hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the City issues a certificate of occupancy for the cannabis dispensary.

• Q. A cannabis dispensary must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.

• R. A cannabis dispensary must maintain a valid business license as required by this title.

• S. All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Health and Safety Code Section 113700, et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County

Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with State and local laws.

• T. It is unlawful for a physician to be permitted in a cannabis dispensary at any time for the purpose of evaluating patients to issue a medical cannabis prescription or card.

• U. As part of the Operations Plan, permittees must execute an agreement in a form approved by the City Attorney that defends and indemnifies the City of Bellflower, along with its officials, officers, and employees, from any claim or liability arising from the City approving a cannabis business permit or allowing the operation of a cannabis dispensary. Such agreement must be secured with sufficient insurance, as determined by the City Attorney, and a surety, as approved by the City Attorney, to adequately protect the City from any and all liability.

• V. A cannabis business permit for a cannabis dispensary is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the permit itself.

• W. Before dispensing medical cannabis or medical cannabis products to any person under the age of 21, the dispensary must verify that the person possesses a valid identification card.

• X. A cannabis dispensary may allow on the premises any person 18 years of age or older who possesses a valid identification card under Health and Safety Code Section 11362.71 and a valid government-issued identification card.

• Y. A cannabis dispensary may sell medical cannabis, medical cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code Section 11362.71 and a valid government-issued identification card.

• (Ord. 1323 § 5, 8/28/17; Ord. 1382 § 1, 11/25/19)