Coachella Municipal Code Ch. 5.69 Retail Cannabis Business Regulatory Permit

Footnotes:

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Editor's note— Ord. No. 1162, § 11, adopted May 27, 2020, amended the title of Ch. 5.69 to read as herein set out. Former Ch. 5.69 pertained to was titled, "Cannabis Retailer and Retail Microbusiness Regulatory Permit."

It is the purpose and intent of this chapter to regulate retail cannabis businesses, including the retail sale and delivery of cannabis (including cannabis products and edible cannabis products), within the city of Coachella.

The regulations and prohibitions in this chapter are enacted to ensure the health, safety, and welfare of the residents of the city. The regulations and prohibitions herein, which are in compliance with the Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana Program ("MMP"), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") (collectively, "State law"), do not interfere with the use and possession of cannabis as authorized under state law.

Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance, or (2) allow any activity relating to the retail sale, delivery, or use of cannabis that is otherwise illegal under California state law.

(Ord. No. 1162, § 12, 5-27-20)

For the purposes of this chapter, the following definitions shall apply:

"Applicant" means an owner applying for a retail cannabis regulatory permit under this chapter.

"Business" means an entity, sole proprietorship, partnership, or corporation operating legally in the State of California, that sells, leases, distributes, creates, or otherwise offers products or services to customers.

"Cannabis" has the same definition as in Business and Professions Code Section 26001(f), as amended.

"Cannabis products" has the same definition as in Business and Professions Code Section 26001(k), as amended; however, when the term "cannabis" is used in this chapter, it shall include "cannabis products."

"City" means city of Coachella.

"City manager" means the city manager of the city of Coachella or designee.

"Corporation" has the same definition as in California Corporations Code Section 162, as amended.

"Customer" means a natural person twenty-one (21) years of age or older or a natural person eighteen (18) years of age or older who possesses a physician's recommendation, or a primary caregiver.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

"Director" has the same definition as in California Corporations Code Section 164, as amended.

"Entity" means any form of business organization recognized under California law, including but not limited to a corporation, limited liability company, partnership, limited partnership, limited liability partnership, joint venture, association, trust, estate, or sole proprietorship, whether formed under the laws of this state or another jurisdiction. This term includes any structure that may hold an ownership interest in a retail cannabis business.

"Management" means for the process of directing, controlling, and overseeing the day-to-day operations of a retail cannabis activity business, including making strategic decisions, managing personnel, setting policies, and allocating resources to ensure operational efficiency and compliance with legal and ethical standards.

"Non-storefront retailer" means a cannabis retailer that provides cannabis exclusively through delivery.

"Non-storefront retail microbusiness" means a commercial business that engages in non-storefront retail cannabis sales and at least two of the following commercial cannabis activities: Indoor cultivation of cannabis on an area less than ten thousand (10,000) square feet, level 1 manufacturing, and distribution, provided such permittee can demonstrate compliance with all requirements imposed by this chapter and state law on licensed cultivators, distributors, level 1 manufacturers, and retailers to the extent the permittee engages in such activities.

"Officer" means an individual appointed or elected to perform designated duties within a corporation, as specified by the corporation's bylaws, the board of directors, or as required by law. This includes roles such as president, vice president, secretary, chief financial officer, and other positions that might be outlined in the corporations' governance documents. Officers are chosen by the board and serve at its discretion unless otherwise specified in the articles or bylaws of the corporation.

"Owner" means any of the following:

1. A person with an aggregate ownership interest of twenty (20) percent or more in the person applying for a regulatory permit or a permittee, unless the interest is solely a security, lien, or encumbrance.

2. The chief executive officer of a nonprofit or other entity.

3. A member of the board of directors of a nonprofit.

4. An individual who will be participating in the direction, control, or management of the person applying for a regulatory permit.

"Partnership" has the same definition as in California Corporations Code Section 16101(9), as amended.

"Ownership" means the possession of an equity interest or financial stake in an entity applying for or holding a retail cannabis regulatory permit, including but not limited to shares of stock in a corporation, membership interests in a limited liability company, or partnership interests in a partnership, that confers rights to profits, capital, voting, or control. Ownership excludes security interests, liens, or encumbrances.

"Permittee" means any person holding a valid retail cannabis regulatory permit under this chapter.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Premises" means the designated structure or structures and land specified in the regulatory permit application that is owned, leased, or otherwise held under the control of the applicant or permittee where the retailer or retail microbusiness will be or is conducted. These premises shall be a contiguous area and shall only be occupied by one permittee.

"Purchaser" means the customer who is engaged in a transaction with a permittee for the purposes of obtaining cannabis or cannabis products.

"Retail cannabis business" means a business that sells or sells and delivers cannabis or cannabis products to customers, and includes the following business types: Non-storefront retail microbusiness, non-storefront retailer, storefront retailer, and storefront retail microbusiness.

"Retail cannabis regulatory permit" means a regulatory permit issued by the city pursuant to this chapter, to a retail cannabis business and is required before any retail cannabis business may operate in the city. The initial permit and annual renewal of a permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this chapter and any regulations adopted by the city governing the retail cannabis business.

"Sell," "sale," and "to sell" include any transaction, whereby, for any consideration title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from who the cannabis or cannabis product was purchased.

"State license" means a license issued by the state of California, as listed in California Business and Professions Code Section 26050.

"Storefront retailer" means a business that has a storefront open to the public where cannabis or cannabis products are offered for retail sale to consumers, where delivery may or may not be included as part of the business's operation.

"Storefront retail microbusiness" means a commercial business that engages in retail cannabis sales and at least two of the following commercial cannabis activities: Indoor cultivation of cannabis on an area less than ten thousand (10,000) square feet, level 1 manufacturing, and distribution, provided such permittee can demonstrate compliance with all requirements imposed by this chapter and state law on licensed cultivators, distributors, level 1 manufacturers, and retailers to the extent the permittee engages in such activities.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 13, 5-27-20; Ord. No. 1226, § 7, 10-22-25)

A. Prior to initiating operations and as a continuing request to operating a retail cannabis business, the owner of the proposed retail cannabis business shall obtain (i) a regulatory permit from the city manager and shall pay application fees as established by resolution adopted by the city council as amended from time to time, and (ii) a conditional use permit from the city as required by this code.

B. This chapter, and the requirement to obtain a regulatory permit, does not apply to the individual possession or cultivation of cannabis for personal use, as allowed by state law. Personal cannabis cultivation is regulated under Chapter 17.84. Personal possession and use of cannabis pursuant to state law are permitted in the city of Coachella.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 14, 5-27-20; Ord. No. 1195, § 1, 7-27-22)

An application for a regulatory permit shall include, but shall not be limited to, the following information:

A. The name, address, and telephone number of the applicant.

B. A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its 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.

C. The name, address, telephone number, title, and function of each of the owners of the retail cannabis business.

D. A legible copy of each applicant's photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.

E. A list of the license or permit types (including license or permit numbers) held by the applicant that involve the operation of a retail cannabis business, including the date the license or permit was issued and the jurisdiction or state license authority that issued the license or permit.

F. Whether the applicant has been denied a license or permit by the city, any other jurisdiction, and/or the state that involves the operation of a retail cannabis business. The applicant shall provide a description of the license or permit applied for, the name of the jurisdiction or state license authority that reviewed the license or permit application, and the date of denial.

G. The proposed retail cannabis business' physical address, telephone number, website address, and email address.

H. Contact information for the applicant's designated primary contact person including the name, title, address, phone number, and email address of the individual.

I. A list of every fictitious business name the applicant is operating under including the address where the business is located.

J. Financial information including the following:

1. A list of funds belonging to the retail cannabis business held in savings, checking, or other accounts maintained by a financial institution. The applicant shall provide for each account, the financial institution's name, the financial institution's address, account type, account number, and the amount of money in the account.

2. A list of loans made to the retail cannabis business. For each loan, the applicant shall provide the amount of the loan, the date of the loan, term(s) of the loan, security provided for the loan, and the name, address, and phone number of the lender.

3. A list of investments made into the retail cannabis business. For each investment, the applicant shall provide the amount of the investment, the date of the investment, term(s) of the investment, and the name, address, and phone number of the investor.

4. A list of all gifts of any kind given to the applicant for its use in conducting retail cannabis business. For each gift the applicant shall provide the value of the gift or description of the gift, and the name, address, and phone number of the provider of the gift.

K. A copy of the applicant's completed application for electronic fingerprint images submitted to the Department of Justice and Federal Bureau of Investigation.

L. A list of each applicant's misdemeanor and felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendre.

M. A complete and detailed diagram of the proposed premises showing the boundaries of the property and the proposed premises to be permitted, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows, doorways, and common or shared entryways, storage areas and exterior lighting. The diagram must show the areas in which all business will take place, including but not limited to, limited-access areas.

N. A security plan, as a separate document, outlining the proposed security arrangements to deter and prevent unauthorized entrance into limited access areas and theft of cannabis, in accordance with minimum security measures required by state law. The security plan shall be reviewed by the Coachella Police Department and the city manager and shall be exempt from disclosure as a public record pursuant to Government Code Section 6255(a).

O. A comprehensive business operations plan that includes the following:

1. Business Plan. A plan describing how the retail cannabis business will operate in accordance with this code, state law, and other applicable regulations. The business plan must include plans for ensuring cannabis will be dispensed only to adults over twenty-one (21) years of age, qualified patients, or primary caregivers, controls to acquire, possess, transport, and distribute cannabis to and from state licensed cannabis entities, if applicable.

2. Community Relations Plan. A plan describing who is designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted.

3. Neighborhood Responsibility Plan. A plan addressing any adverse impacts of the proposed retail cannabis business on the surrounding area.

4. Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the retailer or retail microbusiness.

5. Budget. A copy of the applicant's most recent annual budget for operations.

P. The name and address of the owner and lessor of the real property upon which the retail cannabis business is to be operated. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that a retail cannabis business will be operated on his or her property.

Q. For applicants or permittees that have ten (10) or more employees, the applicant for a new regulatory permit, or for a renewal, shall provide proof, satisfactory to the city manager, that the applicant or permittee has entered into and will abide by the terms of a labor peace agreement. Such proof shall be a condition to the issuance by the city of any new permit or for the renewal of any such permit. For applicants/permittees who have not yet entered into a labor peace agreement, the applicant/permittee shall provide a notarized statement indicating the applicant/permittee will enter into and abide by the terms of a labor peace agreement as soon as reasonably practicable after issuance or renewal of the regulatory permit, but in no event later than one hundred eighty (180) days following the issuance or renewal. Once the applicant has entered into the labor peace agreement, the applicant shall provide the city manager with a copy of the page of the labor peace agreement that contains the signatures of the union representative and the applicant.

R. Authorization for the city manager to seek verification of the information contained within the application.

S. 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.

T. A full and complete copy of the applicant's most current application submitted to and approved by the applicable state licensing authority.

U. Any such additional and further information as is deemed necessary by the city manager to administer this chapter.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 15, 5-27-20; Ord. No. 1185, § 3, 11-10-21; Ord. No. 1226, § 8, 10-22-25)

A. Any person who is an owner of a retail cannabis business must be legally authorized to do so under applicable state law.

B. Retail cannabis business owners shall be required to:

1. Submit to a criminal background check.

2. Complete a criminal background check prior to issuance or transfer of a retail cannabis regulatory permit.

C. The city shall conduct criminal background checks which must, at a minimum, identify the following for each owner:

1. Whether the owner has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offense in other states;

2. Whether the owner has ever been convicted of a serious felony, as defined by California Penal Code 1192.7 or equivalent offense in other states;

3. Whether the owner has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

4. Whether the owner has ever been convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code; or

5. Whether the owner has ever been convicted of a felony involving fraud, deceit, or embezzlement.

D. Evidence of a conviction of any the offenses enumerated in Section 5.69.040(D) of this chapter shall be grounds for denial or revocation of a retail cannabis regulatory permit, and/or disqualification from serving as an owner with a retail cannabis business permittee in the city of Coachella.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 16, 5-27-20; Ord. No. 1226, § 9, 10-22-25)

Based on the information set forth in the application, the city manager may impose reasonable terms and conditions on the proposed operations of the retail cannabis business in addition to those specified in this chapter.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 17, 5-27-20)

The city manager may deny an application for a regulatory permit or renewal of a regulatory permit upon making any of the following findings:

A. The applicant or the premises for which a regulatory permit is applied does not qualify for a permit under this chapter.

B. The applicant or permittee fails to comply with the provisions of this chapter.

C. The applicant or permittee has failed to provide information required by the city manager.

D. The applicant or permittee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the city manager determines that the applicant or permittee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the city manager shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or permittee to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the city manager shall include, but not be limited to, the following:

1. A violent felony, as defined by California Penal Code Section 667.5 or equivalent offense in other states.

2. A serious felony, as defined by California Penal Code Section 1192.7 or equivalent offense in other states.

3. A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.

4. A felony for drug trafficking with enhancements pursuant to California Health and Safety Code Sections 11370.4 or 11379.8.

5. A felony involving fraud, deceit, or embezzlement.

E. The applicant or permittee has been sanctioned by a state licensing authority or a city, county, or city and county for unlicensed commercial cannabis activities or unlicensed storefront retailer business or has had a state license revoked in the three years immediately preceding the date the application is filed with the city manager.

F. The applicant or permittee is not properly organized or operating in strict compliance pursuant to the Compassionate Use Act of 1996, the Medical Marijuana Program Act, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), and any other applicable law, rules and regulations.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 18, 5-27-20; Ord. No. 1226, § 10, 10-22-25)

A regulatory permit is valid for one year from the date that the permit is issued, unless suspended or revoked sooner.

(Ord. No. 1120, § 3, 2-14-18)

A. To renew a regulatory permit, a completed permit renewal form and renewal permit fee shall be received by the city manager from the permittee no earlier than sixty (60) calendar days before the expiration of the permit and no later than the last business day before the expiration of the permit.

B. In the event the regulatory permit is not renewed prior to the expiration date, the permittee must cease all operations as a retail cannabis business.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 18, 5-27-20)

Every permittee who surrenders, abandons, or quits the permitted premises after a certificate of occupancy is issued, or who closes the permitted premises for a period exceeding sixty (60) consecutive calendar days after a certificate of occupancy is issued, shall, within sixty (60) calendar days after closing, surrendering, quitting, or abandoning the permitted premises, surrender the permit to the city manager. The city manager may seize the permit of a permittee who fails to comply with the surrender provisions of this section and may proceed to revoke the permit. If a permittee wishes to close a retail cannabis business for repair or refurbishment for a period of longer than sixty (60) calendar days, the permittee shall notify the city manager of same in writing.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 19, 5-27-20)

The city manager may suspend, modify, or revoke a regulatory permit issued pursuant to the provisions of this chapter for any of the following reasons:

A. One or more of the circumstances upon which a regulatory permit could be denied exists or has occurred;

B. One or more conditions of the regulatory permit has been violated; or

C. The permittee, its owners, officers, directors, partners, agents, or other persons vested with the authority to manage or direct the affairs of the business have violated any provision of this chapter.

(Ord. No. 1120, § 3, 2-14-18)

Any decision regarding the denial, suspension, or revocation of a regulatory permit may be appealed to a hearing officer. Notice of and the procedures governing such hearing shall be provided pursuant to Chapter 3.28 of the code.

(Ord. No. 1120, § 3, 2-14-18)

A. A storefront retailer or storefront retail microbusiness must obtain an onsite consumption permit (in addition to a regulatory permit under this chapter, and a conditional use permit under Chapter 17) in order for cannabis to be consumed on the premises of the storefront retailer or storefront retail microbusiness.

B. An onsite consumption permit may be issued at the discretion of the city manager to existing storefront retailers or storefront retail microbusinesses in good standing. An application for an onsite consumption permit may be denied for failure to meet requirements of the city building code, fire code, zoning code, this chapter, and/or any violation of state or local law relevant to the operation of storefront retailers or storefront retail microbusinesses.

C. The city manager shall establish conditions of approval for each onsite consumption permit, including, but not limited to a parking plan, ventilation plan, and anti-drugged driving plan.

D. The permit shall be subject to suspension or revocation in accordance with Section 5.69.100, and the owner or operator shall be liable for excessive police costs related to enforcement.

E. The application fee and annual fee for the onsite consumption permit shall be determined by city council resolution.

F. All onsite consumption permits shall be issued for a term of one year. No property interest, vested right, or entitlement to receive a future license to operate a retail cannabis business shall ever inure to the benefit of such permit holder as such permits are revocable at any time with or without cause by the city manager subject to Section 5.69.100.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 20, 5-27-20; Ord. No. 1195, § 2, 7-27-22)

A. Temporary cannabis events are allowed within the city, provided that the event organizer obtain a cannabis event organizer license from the state, obtain a valid temporary cannabis event license, obtain and maintain a valid special use permit from the city pursuant to Chapter 17.48, and operate such a temporary cannabis event in full compliance with State law and corresponding state regulations.

B. A cannabis event organizer must provide notice to the city of the proposed temporary cannabis event no less than sixty (60) days before the first day of the cannabis event.

(Ord. No. 1120, § 3, 2-14-18)

A. Limited access areas. A permitted cannabis retail business shall only permit authorized individuals to enter the limited-access areas.

B. Retail area. Individuals shall only be granted access to the area to purchase cannabis goods after the permittee has identified the individual as a medical cannabis patient, primary caregiver, or person over the age of twenty-one (21), depending on whether the storefront retailer or storefront retail microbusiness sells medicinal or nonmedicinal cannabis or both.

C. Delivery. All deliveries of cannabis must be performed in compliance with state law and corresponding state-issued regulations.

D. Track and trace program. Retail cannabis businesses shall have an electronic 'track and trace' system that produces historical transactional data for review by the city manager for auditing purposes.

E. Records. A retail cannabis business shall maintain the following records in printed format for at least three years on the premises and shall produce them to the city manager within twenty-four (24) hours after receipt of the city's request:

1. The name, address, and telephone numbers of the owner and landlord of the property.

2. The name, date of birth, address, and telephone number of each manager and staff of the retailer or retail microbusiness; the date each was hired; and the nature of each manager's and staff's participation in the business.

3. A written accounting of all income and expenditures of the retail cannabis business, including, but not limited to, cash and in-kind transactions.

4. A copy of the retail cannabis business' commercial general liability insurance policy and all other insurance policies related to the operation of the business.

5. A copy of the retail cannabis business' most recent year's financial statement and tax return.

6. An inventory record documenting the dates and amounts of cannabis received at the premises, the daily amounts of cannabis on the premises, and the daily amounts of cannabis transported from the premises. A retail cannabis business shall report any loss, damage, or destruction of these records to the city manager within twenty-four (24) hours of the loss, damage, or destruction.

F. Security. A permittee shall comply with the security plan that is submitted during the application process as approved by the city manager. A permittee shall report to the Coachella Police Department all criminal activity occurring on the premises. Should compliance with the security plan fail to properly secure the retail cannabis business premises, the city manager may impose additional or modified plan restrictions.

G. Cannabis consumption prohibited. No person shall smoke, ingest, or otherwise consume cannabis in any form on the premises of a storefront retailer or storefront retail microbusiness unless the retailer has a valid onsite consumption permit. No person shall smoke, ingest, or otherwise consume cannabis in violation of state law.

H. Alcohol and tobacco sale prohibited. A permittee shall not sell alcoholic beverages or tobacco products on or at any premises permitted under this chapter.

I. State law compliance. All retail cannabis businesses must operate in full incompliance with state law.

J. No cannabis odors shall be detectable outside of the permitted retail cannabis business.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 21, 5-27-20)

Editor's note— Ord. No. 1226, § 11, adopted Oct. 22, 2025, repealed § 5.69.150, which pertained to interested parties and derived from Ord. No. 1120, § 3, adopted Feb. 14, 2018; and Ord. No. 1162, § 22, adopted May 27, 2020.

A retail cannabis business permittee shall provide the city manager with the current name and primary and secondary telephone numbers of at least one 24-hour on-call manager to address and resolve complaints and to respond to operating problems or concerns associated with the retail cannabis business.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 23, 5-27-20)

Each retail cannabis business shall provide the city manager with the name, phone number, facsimile number, and email address of an on-site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the retail cannabis business or refer members of the public who may have any concerns or complaints regarding the operation of the retail cannabis business. Each retail cannabis business shall also provide the above information to its business neighbors located within one hundred (100) feet of the retail cannabis business as measured in a straight line without regard to intervening structures, between the front doors of each establishment.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 24, 5-27-20)

The permittee shall display its current valid permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the premises. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the premises.

(Ord. No. 1120, § 3, 2-14-18)

A. Recordings made by security cameras at any retail cannabis business shall be made immediately available to the city manager upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials.

B. The city manager shall have the right to enter all retail cannabis business facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter.

C. Operation of the retail cannabis business in non-compliance with any conditions of approval or the provisions of this chapter shall constitute a violation of the municipal code and shall be enforced pursuant to the provisions of this code.

D. The city manager may summarily suspend or revoke a retail cannabis business regulatory permit if any of the following, singularly or in combination, occur:

1. The city manager or designee determines that the retail cannabis business has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the city manager or designee to deny the permit under Section 5.69.060.

2. Operations cease for more than thirty (30) calendar days, including during change of ownership proceedings, unless otherwise authorized by the city manager;

3. Ownership is changed without securing a regulatory permit; or

4. The retail cannabis business fails to allow inspection of the records, security recordings, the activity logs, or the premises by authorized city officials.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 25, 5-27-20)

Regulatory permits issued pursuant to this chapter are not transferable.

(Ord. No. 1120, § 3, 2-14-18)

A. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become a personal liability of any public officer or employee of the city.

B. To the maximum extent permitted by law, the permittees under this chapter shall defend (with counsel acceptable to the city), indemnify and hold harmless the city of Coachella, the Coachella City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called city) from any liability damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, city attorney or staff time, expenses or costs (collectively called "action") against the city to attack, set aside, void or annul, any cannabis-related approvals and actions and comply with the conditions under which such permit is granted, if any. The city may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the city for its reasonable legal costs and attorneys' fees.

C. Within ten (10) calendar days of the service of the pleadings upon the city of any action as specified in Subsection B., above, the permittee shall execute a letter of agreement with the city, acceptable to the office of the city attorney, which memorializes the above obligations. These obligations and the letter of agreement shall survive termination, extinguishment or invalidation of the cannabis-related approval. Failure to timely execute the letter of agreement does not relieve the applicant of any of the obligations contained in this section or any other requirements or performance or operating standards that may be imposed by the city.

To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any regulatory permit pursuant to this chapter or the operation of any retail cannabis business approved pursuant to this chapter.

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 26, 5-27-20)

All retail cannabis business shall comply fully with all of the applicable restrictions and mandates set forth in state law, including without limitation the Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana Program Act ("MMP"), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA").

(Ord. No. 1120, § 3, 2-14-18; Ord. No. 1162, § 27, 5-27-20)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, administrative penalties, permit suspension, and permit revocation.

B. Violations of this chapter constitute an infraction or misdemeanor and may be enforced by any applicable law.

C. Violations of this chapter are hereby declared to be public nuisances.

D. Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies.

E. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

(Ord. No. 1120, § 3, 2-14-18)