Berkeley Municipal Code Art. III Enforcement

The City Council may establish by resolution the fees that shall be charged for administration and implementation of this Chapter. The adoption of such fees shall not prevent the City from recovering enforcement costs not specified in such resolution. (Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)

A. The City Manager or their designee shall have authority to determine the nature of any Cannabis Business or purported Cannabis Business and whether that entity complies with any of the requirements of this Chapter, Chapters 12.21 and 12.26, and Title 23, and to conduct inspections as provided in Chapter 1.16.

B. The City Manager or their designee may promulgate regulations for the administration and implementation of this Chapter, including, but not limited to, regulations relating to non-diversion, record-keeping, and tracking and tracing Cannabis.

C. The City Manager or their designee may require any Cannabis Business to obtain operating permits from the City of Berkeley Fire Department, Toxics Management Division, Environmental Health Division, or any other department or division.

D. The City Manager or their designee shall have authority to enter onto private property and perform such inspections as may be necessary or convenient to implement and enforce this Chapter, Chapters 12.21 and 12.26, and Title 23, and to adopt regulations to implement this Chapter, Chapters 12.21 and 12.26, and Title 23.

E. The City Manager or their designee may promulgate regulations for the selection of Retailers, Cultivators, and other Cannabis Businesses that require a selection process. (Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)

If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. (Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)

(Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)

(Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)

(Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)

(Ord. 7645-NS § 2 (part), 2019; Ord. 7624-NS § 1 (part), 2018)