Ceres Municipal Code Ch. 22 Cannabis Pilot Program

A. The City finds and declares that the purpose of this chapter is to regulate all commercial cannabis activity in the City of Ceres, to the extent authorized by state law and in a manner designed to minimize negative impacts on the City, and to promote the health, safety, morals, and general welfare of residents and businesses within the City.

B. It is the purpose and intent of the City Council to implement state law by regulating cannabis businesses and to ensure that commercial cannabis activity does not result in the diversion of cannabis for illicit purposes.

C. The regulations in this chapter do not interfere with a qualified patient's right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis by qualified patients or their primary caregivers. Cannabis businesses shall comply with all provisions of the Ceres Municipal Code, state law, and all other applicable local and state regulations. It is neither the intent nor the effect of this chapter to condone or legitimize the illegal use, consumption, or cultivation of cannabis under federal, state, or local law.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Adult Use of Marijuana Act or AUMA has the same meaning as Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act approved by California voters at the November 8, 2016, election, and any applicable rules and regulations promulgated thereafter.

Business means a profession, trade, occupation, gainful activity, and all and every kind of calling whether or not carried on for profit.

City Manager shall mean the Ceres City Manager or designee.

Commercial cannabis activity includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or cannabis products that requires a state license, including medicinal cannabis or medicinal cannabis product as defined in section 26001 of the Business and Professions Code.

Cannabis business shall mean any person or business that engages in commercial cannabis activity.

Cannabis business permit shall mean any permit issued to a cannabis business pursuant to the provisions of this chapter.

Cannabis Business Pilot Program shall mean the City's permitting process and procedures pursuant to the provisions of this chapter for the purpose of determining and evaluating the feasibility and desirability of regulating multiple cannabis businesses within City limits.

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

Medicinal and Adult-Use Cannabis Regulation and Safety Act or MAUCRSA has the same meaning as chapter 1 (commencing with section 26000) of division 10 of the California Business and Professions Code, and any applicable rules and regulations promulgated thereafter.

Primary caregiver shall have the same meaning as set forth in California Health and Safety Code section 11362.7(d).

Qualified patient shall have the same meaning as set forth in California Health and Safety Code section 11362.7(f).

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Cannabis businesses shall only be permitted to operate in the City following application, investigation, verification, approval, and issuance of a development agreement approved by the City Council, and a cannabis business permit issued by the City in accordance with the criteria and procedures set forth in this chapter. No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization for a cannabis business shall be granted or permitted unless it complies with the provisions of the Ceres Municipal Code.

B. All persons who are engaged in or who are attempting to engage in commercial cannabis activity in any form shall do so only in strict compliance with the terms, conditions, limitations and restrictions of this chapter, AUMA, and MAUCRSA, as it applies, the provisions of the Ceres Municipal Code, as may be amended from time to time, and all other applicable state and local laws and regulations.

C. The City Manager is authorized to make policies and procedures consistent with the intent of this chapter concerning the applications, the application process, the information required of an applicant, the application procedures, and the administration and procedures to be used and followed in the application and hearing process.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No cannabis business shall operate unless it is in possession of all applicable state and local licenses and permits.

B. Every cannabis business shall submit to the City Manager a copy of any and all of its state and local licenses and permits required for its operation.

C. If any other applicable state or local license or permit required for a cannabis business' operation is denied, suspended, modified, revoked, or expired, the cannabis business shall notify the City Manager in writing within ten days of such denial, suspension, modification, revocation, or expiration.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Cannabis business permits issued pursuant to this chapter are not property and have no value. Cannabis business permits may not be transferred, sold, assigned or bequeathed expressly or by operation of law. Any attempt to directly or indirectly transfer a cannabis business permit shall be unlawful and void, and shall automatically revoke the permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Prior to operating in the City, and as a condition of issuance of any applicable permits, including, but not limited to, a cannabis business permit, the applicant seeking to operate a cannabis business shall enter into a development agreement with the City setting forth the terms and conditions under which the cannabis business will operate. Such development agreement shall be 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 upon, approval of architectural plans (including site plan, floor plan, and elevation), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City.

B. Every development agreement approved by the City pursuant to this chapter shall be subject to an annual review by the City Council to determine compliance with the terms of the development agreement, applicable local and state laws and regulations, this chapter, and the Ceres Municipal Code. The City Council may from time to time determine whether to allow additional cannabis businesses as part of the Cannabis Business Pilot Program.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any cannabis business established or operating in the City in violation of this chapter shall not be considered a lawful or permitted nonconforming use, and no such cannabis business shall be eligible for issuance of any permits or approvals under the Ceres Municipal Code. Further, any such unlawfully established cannabis business shall constitute a public nuisance subject to abatement by the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A cannabis business shall only be allowed to cultivate cannabis within a fully enclosed building.

B. A cannabis business shall not cultivate cannabis outdoors.

C. The outdoor cultivation of cannabis, as defined in California Business and Professions Code section 26001, is strictly prohibited on all agricultural, residential, commercial, and industrial zoned properties.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2021-1063, 1-25-2021)

Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in chapter 1 (commencing with section 26000) of division 10 of the California Business and Professions Code, or its successors. In the event of any conflict between the provisions of this chapter and the provisions of that chapter or any other applicable state or local law, the more restrictive provision shall control.

(Ord. No. 2020-1057, § 1, 3-23-2020)

This chapter, and the provisions herein, shall be read consistent with any statewide regulation of cannabis that is promulgated by the legislature or by voter approval.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Should any provision of this chapter, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

(Ord. No. 2020-1057, § 1, 3-23-2020)