Colton Municipal Code Ch. 5.54 Commercial Cannabis Businesses

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Editor's note— Ord. No. O-18-24, adopted Dec. 3, 2024, repealed the former Ch. 5.54, §§ 5.54.010—5.54.420, and enacted a new Ch. 5.54 as set out herein. The former Ch. 5.54 pertained to similar subject matter and derived from Ord. No. O-17-19, § 2, 12-3-2019.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons and provide access to cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to adult use of cannabis for persons over the age of 21 as authorized by the Control, Tax and Regulate the Adult Use of Marijuana Act ("AUMA" or "Proposition 64" passed by California voters in 2016), while imposing reasonable regulations on the use of land to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this Chapter to regulate the cultivation, processing, manufacturing, testing, distribution and transportation of medicinal and adult use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Colton and to enforce rules and regulations consistent with state law.

It is the further purpose and intent of this Chapter to require all commercial cannabis businesses operating in the City to obtain and renew annually a Commercial Cannabis Permit to operate within Colton and an annual City of Colton Business License.

Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or federal law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county, or other law.

(Ord. No. O-18-24, 12-3-2024)

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and regulations regarding same, the City of Colton is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial medicinal and adult use cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Colton to all Commercial Cannabis Activity.

(Ord. No. O-18-24, 12-3-2024)

Except as specifically authorized in this Chapter, commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, retail, distribution or transportation (other than as provided under California Business and Professions Code section 26090(e)), of cannabis or cannabis products is expressly prohibited.

(Ord. No. O-18-24, 12-3-2024)

Nothing in this Chapter shall be construed as authorizing any actions that violate federal, state law or local law with respect to engaging in, or in the operation of, a commercial cannabis business. Nor shall this Chapter be construed as amending existing prohibitions on smoking tobacco or cannabis in public buildings and parks. It shall be the responsibility of the Permittees and Responsible Persons of a commercial cannabis business to ensure that a commercial cannabis business is, at all times, operating in a manner compliant with all applicable federal, state and local laws, including for as long as applicable, all state cannabis laws, any subsequently enacted state law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a required license or permit.

(Ord. No. O-18-24, 12-3-2024)

When used in this Chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

"A-License" is a license issued by the State of California under MAUCRSA for cannabis or cannabis products that are intended for adults twenty-one years of age and over and who do not possess physician's recommendations.

"Applicant" shall include any individual or entity applying for a permit under this Chapter, and including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.

"Business License" is the license issued by the City's Business License Division after payment of the business tax as set forth in Division 1 of Article VIII of Chapter 50 of the City of Colton City Code.

"Bureau" means the Bureau of Cannabis Control within the Department of Consumer Affairs, and shall have the same meaning as in Section 26001(e) of the Business and Professions Code, as same may be amended from time to time.

"Indoor" in relation to commercial cannabis cultivation uses, refers to industrial uses within industrial zones, where all commercial cannabis cultivation uses are required to take place within fully enclosed structure with solid walls and solid roof.

"Cannabis" means all parts of the 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. For the purpose of this Chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code. Cannabis shall also have the same meaning as in Section 26001(f) of the Business and Professions Code, as same may be amended from time to time. "Cannabis Accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. Cannabis accessories shall also have the same meaning as in Section 11018.2 of the Health and Safety Code, as same may be amended from time to time.

"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. Cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. Cannabis products shall also have the same meaning as in Section 11018.1 of the Health and Safety Code, as same may be amended from time to time.

"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.

"Caregiver" or "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

"City" shall mean the City of Colton, California.

"City Manager" shall mean the City Manager of the City, including his or her designee.

"Code" shall mean the City of Colton City Code.

"Commercial Cannabis Activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, or transportation of cannabis and cannabis products as provided for in MAUCRSA. Commercial cannabis activity shall also have the same meaning as in Section 26001(k) of the Business and Professions Code, as same may be amended from time to time.

"Commercial cannabis business" means any business or operation which engages in medicinal or adult use Commercial Cannabis Activity.

"Commercial Cannabis Permit" means the regulatory permit issued by the City to a commercial cannabis business, which is required before any Commercial Cannabis Activity may be conducted in the City, pursuant to this Chapter.

"Cultivation" is any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cultivation shall also have the same meaning as in Section 26001(1) of the Business and Professions Code, as same may be amended from time to time. Whenever references to cultivation are made in this Chapter, permitted or licensed cultivation shall only be indoors, as outdoor cultivation is expressly prohibited.

"Cultivation Site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. Cultivation site shall also have the same meaning as in Section 26001(m) of the Business and Professions Code, as same may be amended from time to time. Whenever references to a cultivation site are made in this Chapter, a permitted or licensed cultivation site shall only allow cultivation activities indoors, as outdoor cultivation is expressly prohibited.

"Day Care Center" has the same meaning as in Section 1596.76 of the Health and Safety Code, as same may be amended from time to time.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees. Distribution shall also have the same meaning as in Section 26001(r) of the Business and Professions Code, as same may be amended from time to time.

"Distributor" means a person holding a valid Commercial Cannabis Permit for distribution issued by the City and a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator or cannabis products from a licensed manufacturer, for sale to a licensed retailer.

"Edible Cannabis Product" means a cannabis product that is intended to be used, in whole or in part, for human consumption, and is not considered food. Edible cannabis product has the same meaning as Business and Professions Code section 26001.

"Fire Chief" shall mean the Colton Fire Department Fire Chief, or his or her designee.

"Greenhouse" means a permanent, enclosed structure not constructed of fabric, lightweight metal, or plastic employed for cultivation of cannabis that provides access to natural light.

"Law enforcement agency" refers to the agency charged with enforcing the pertinent laws in the City. The law enforcement agency for the City shall be the Colton Police Department. Unless the provisions of the context otherwise require, whenever any provision of this Code makes reference to the law enforcement agency of the City, such shall be construed to mean, and deemed to constitute, that person holding the office of Chief of Police for the City and his or her authorized deputies or officers, performing law enforcement functions for the City.

"Law enforcement officer" means any law enforcement officer of the City's law enforcement agency, or deputy of the Colton Police Department, authorized to enforce the City's laws, including those contained in this Chapter.

"License" or "State License" means a license issued by the State of California, or one of its departments or divisions, under MAUCRSA, and any subsequent State of California legislation regarding the same, to lawfully engage in Commercial Cannabis Activity.

"Licensee" means any person holding a license issued by the State of California to conduct commercial cannabis business activities.

"Live plants" means living cannabis flowers and plants including seeds, immature plants, and vegetative stage plants.

"Manager" means any person(s) designated by the commercial cannabis business to act as the representative or agent of the commercial cannabis business in managing day-to-day operations with corresponding liabilities and responsibilities, or the person in apparent charge of the premises where the commercial cannabis business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies.

"M-license" means a license issued by the state of California under MAUCRSA for Commercial Cannabis Activity involving medicinal cannabis.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Manufacture shall also have the same meaning as in Section 26001(ag) of the Business and Professions Code, as same may be amended from time to time.

"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.

"Manufacturer" means a licensee 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 re-labels its container. A manufacturer may also be a person that infuses cannabis in its products but does not perform its own extraction. Manufacturer shall also have the same meaning as in Section 26001 (ah) of the Business and Professions Code, as same may be amended from time to time.

"Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, 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 re-labels its container, and is owned and operated by a person issued a valid Commercial Cannabis Permit for manufacturing from the City and, a valid state license as required for manufacturing of cannabis products.

"Medicinal cannabis or medicinal cannabis product" refers to cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215) or the Medical Cannabis Program Act of 2003, found at Sections 11362.5 and 11362.71 et seq. of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a valid and current identification card issued by a California licensed physician's recommendation.

"Microbusiness" means licensees who engage in these three following commercial cannabis activities: Indoor cultivation of less than 10,000 square feet, manufacturing (level 1, type 6), and distribution, as defined within this Chapter.

"Neighborhood Compatibility" reflects the plans of the commercial cannabis business to take specific actions to avoid becoming a nuisance, due to odor, loitering, excessive light at night, and the degree of diligence with which the business will maintain a clean property (this includes both waste disposal and general maintenance).

"Operation" means any act for which a license is required under the provisions of the Act, or any commercial transfer of cannabis or cannabis products. Operation shall also have the same meaning as in Section 26001 (ak) of the Business and Professions Code, as same may be amended from time to time.

"Owner" means any of the following, or a group or combination of any of the following acting as a unit:

(1) A person with an aggregate ownership interest often percent or more in the person applying for a City Commercial Cannabis Permit, whether a partner, shareholder, principal, member, or the like, 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 City Commercial Cannabis Permit.

"Patient" or "qualified patient" means the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5.

"Permittee" means any person to whom a current and valid City-issued commercial Cannabis Business Permit has been issued.

"Person" means 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 or entity, and the plural as well as the singular.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant where the commercial cannabis business will be or is conducted. The 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 purposes of obtaining cannabis or cannabis products.

"Regulations" means those regulations prescribed and issued by the State of California, through its respective departments and/or divisions, pursuant to Section 26013 of the Business and Professions Code, including those regulations as found in the California Code of Regulations (including, Title 3, Division 8; Title 16, Division 42; and Title 17, Division 1), as same may be amended from time to time, to implement, interpret, administer and enforce the Act, and providing licensing and enforcement criteria for commercial cannabis activities and businesses.

"Responsible Person" means each person committing the violation or causing a condition on a parcel of real property located within the City of Colton to violate the Colton Municipal Code; each person who has an ownership interest in that property; and each person who has an ownership interest in that property; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property. In the event that the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner, member, or officer of that business shall be deemed responsible parties.

"Sell," "sale," or "to sell" includes any transaction whereby, for any consideration or gross receipt, whether actual or intangible, title to cannabis or cannabis products are 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 Customer to the Licensee from whom the cannabis or cannabis product was purchased.

"State law" means all laws of the State of California, which includes, but are not limited to, all rules, regulations, and policies adopted by State of California agencies, departments, divisions, and regulatory entities, as same may be amended from time to time.

"Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

(1) Accredited by an accrediting body that is independent from all other persons involved in Commercial Cannabis Activity in the state.

(2) Licensed by the State of California.

Testing laboratory shall also have the same meaning as in Section 26001 (at) of the Business and Professions Code, as same may be amended from time to time.

"Topical Cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

"Transport" means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting Commercial Cannabis Activity authorized by law and which may be amended or repealed by any subsequent State of California legislation regarding the same.

"Violator" means any responsible person, including the landowner, lessee, tenant, or any other person who had possession or custody of the property.

"Youth and Recreation Center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. Parks with organized youth-oriented programs are also youth and recreation centers for purposes of this Chapter. This definition shall not include any private martial arts, yoga, ballet, music or similar studio of this nature nor shall it include any private athletic training facility or pizza parlor, dentist office or doctor's office primarily serving children.

(Ord. No. O-18-24, 12-3-2024)

A. No person may engage in any commercial cannabis business or in any Commercial Cannabis Activity within the City unless the person: (a) has a valid Commercial Cannabis Permit from the City, (b) has a valid State of California Seller's Permit, and (c) is in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and commercial cannabis activities, including the duty to obtain any required state licenses, business license obtained and all taxes paid and all other applicable laws including without limitation zoning and fire codes.

B. The classification and type of commercial cannabis businesses allowed for by this Chapter are the indoor cultivation, manufacturing, testing, distribution, a microbusiness of medicinal and adult use cannabis and cannabis products, and the ancillary transportation and out of town deliver services of cannabis or cannabis products.

C. In addition to all other applicable zoning regulations and the requirements of all required state and local permits, no Commercial Cannabis Permit will be valid if the proposed commercial cannabis business is located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve, a day care center, or a youth and recreation center with primary youth and recreation center activities, which is in lawful existence at the time a successful application was submitted to the City.

(Ord. No. O-18-24, 12-3-2024)

Commercial Cannabis Businesses shall only be permitted to operate within Cannabis Candidate Overlay Sites as described in Chapter 18.06.060.

(Ord. No. O-18-24, 12-3-2024)

A. The City Council, by resolution, may determine the maximum number of commercial cannabis businesses by category that may be permitted to operate in the City. In its discretion, the City Council may increase or decrease the maximum number of permits that may be issued in any category of Commercial Cannabis Activity. This section is only intended to establish the procedure to set the maximum number of commercial cannabis businesses that may be issued permits to operate in the City under each category of commercial cannabis activities. Nothing in this Chapter requires that the City authorize any or all of the commercial cannabis businesses that submit an application to the City.

B. The process for issuing Commercial Cannabis Permits to qualified cannabis businesses is meant to result in qualified businesses that will operate in accordance with state and local law, be successful, contribute positively to the community and local economy, and avoid secondary adverse impacts. Toward that objective, the application process includes these three phases:

1. PHASE ONE: Application submittal. This includes submitting complete information, obtaining a zoning clearance to verify the proposed location is permissible, completed Livescan and background check information (state and federal database), and processing fees.

2. PHASE TWO: Initial scoring of application.

3. PHASE THREE: Selection Committee Interview, final ranking and permit issuance.

(Ord. No. O-18-24, 12-3-2024)

A. The City Manager may establish additional submittal requirements for an application for a Commercial Cannabis Permit. The following information shall be included in any application for a Commercial Cannabis Permit:

1. Name of Applicant.

2. Business Trade Name (if applicable) of the applicant.

3. Identification of Owner(s) (full name, primary phone number, social security number or individual taxpayer identification number, date and place of birth, email address, and mailing address for the primary owner submitting the Application).

4. For each person that is an "owner" of the applicant:

a. Percentage of interest held in the applicant entity by the owner;

b. Whether the owner has an ownership or financial interest, as defined in section 6003 of the Bureau of Cannabis Control Regulations, in any other commercial cannabis business licensed under the AUMA or MAUCRSA;

c. A copy of the owner's government-issued identification, acceptable forms are a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the owner, such as a driver's license;

d. A detailed description of the owner's criminal convictions, if applicable. A conviction for this purpose means a plea or guilty verdict of guilty or a conviction following a plea of nolo contendere. Convictions dismissed under Penal Code section 1203.4 or equivalent non-California law must be disclosed. Convictions dismissed under Health and Safety Code section 11361.8 or equivalent non-California law must be disclosed. Juvenile Adjudications and traffic infractions under $300 that did not involve alcohol, dangerous drugs, or controlled substances do not need to be included. For each conviction, provide: (1) the date of conviction; (2) dates of incarceration, if applicable; (3) dates of probation, if applicable; (4) dates of parole, if applicable; (5) a detailed description of the offense for which the owner was convicted; and (6) a statement of rehabilitation for each conviction written by the owner that demonstrates the owner's fitness for consideration;

e. If applicable, a detailed description of a commercial cannabis license, revocation of a commercial cannabis license, or sanctions for unlicensed Commercial Cannabis Activity by a licensing authority or local agency against the applicant or a business entity in which the applicant was an owner or officer within the three (3) years immediately preceding the date of the application;

f. If applicable, a detailed description if the City issued the applicant a notice or citation for unlicensed Commercial Cannabis Activity, or if the applicant was a defendant in a civil or criminal proceeding filed by the City or the People of the State of California, for allowing, causing, or permitting unlicensed commercial cannabis activities within the City's jurisdiction;

g. An attestation of each owner as follows: "Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact or omission may be cause for rejection or denial of this application, or revocation of any Commercial Cannabis Permit or any permit, license or approval issued in reliance thereon."

5. Primary Contact: The contact information for the applicant's designated primary contact person, including the name, title, phone number, and email address of said individual.

6. Nature of Operations: Identification of whether the applicant seeks to operate a cannabis cultivation site, manufacturing site, testing laboratory, distribution site, or microbusiness non-retail facility; the specific State license category under which the applicant will seek to operate; and the number of employees anticipated.

7. Qualifications and Experience of Applicants and Owners: The application shall include information concerning any special business or professional qualifications or licenses of the applicants and owners, and the years of relevant and related experience, that would add to the number or quality of services that facility would provide, or otherwise demonstrates the applicants' and owners' capacity to operate a successful commercial cannabis facility in compliance with applicable laws and regulations.

8. Disclosure of Lobbying Activity: If applicant contracted, employed or in any manner paid or will pay any person for influencing or attempting to influence an elected official, appointed official or any employee of the City, shall fully disclose the name of individuals and organization(s) performing lobbying services.

9. The physical address of the proposed location, as well as the San Bernardino County Assessor Parcel Number and property owner's consent.

a. Evidence of the applicant's right to use and occupy the property. If owned by applicant, a grant deed or a copy of title for the property. If not owned by applicant, a document from the landowner or the landowner's agent stating the applicant has the right to occupy the property and acknowledges that the applicant may use the property to potentially conduct a commercial cannabis business for which the applicant is applying, plus any lease agreement.

b. A complete and detailed diagram, such as a site plan, of the premises, as well as a map showing the premises' location within the City, which comply with the following:

1. Shows the boundaries of the property and the proposed premises to be utilized, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, bathrooms, windows, doorways, and common or common shared entryways, and a brief statement of the principal activity to be conducted therein;

2. Map identifying any schools (K—12), day care, or youth and recreation center facilities and any commercial cannabis business located within six hundred feet of the property lines of the proposed location. If the proposed location is not within 600 feet of any such uses, identify on the map the closest such use, and the distance in feet between that use and the property line of the proposed location;

c. Identifies all commercial cannabis activities that will take place in each area of the premises, and identification of limited access areas;

d. The location of all proposed security cameras with a number assigned to each for identification purposes;

e. The diagram shall be clear, legible, and to scale, and shall not include any highlighting, and the markings on the diagram shall be in blue-and-white print; and

f. If the proposed premises include only a portion of a property, the diagram must be labeled indicating which part of the property is the proposed premises and what the remainder will be used for.

10. Description of Operating Procedures: Applications shall include a detailed description of the applicant's proposed operating procedures for each commercial cannabis activity, including an explanation for how the business will comply with the operating regulations of this Code and state law. The application must include copies of any applicable policies or manuals of the applicant and address each of the following, if applicable:

a. Transportation Procedures: A description of the procedure for transporting cannabis and cannabis products, including whether or not the applicant will be transporting cannabis or cannabis products or contracting for transportation services.

b. Inventory Procedures:

1. A description of the applicant's procedure for receiving shipments of inventory;

2. Where the applicant's inventory will be stored on the premises and how records of the inventory will be maintained; and

3. Procedure for performing inventory reconciliation and for ensuring that inventory records are accurate.

c. Non-Laboratory Quality Control Procedures:

1. Procedures for preventing the deterioration of cannabis or cannabis products held by the applicant;

2. Procedures for ensuring that cannabis and cannabis products are properly packaged and labeled; and

3. Procedure for ensuring that an independent licensed testing laboratory samples and analyzes cannabis and cannabis products held by the applicant.

d. Security Procedures: All applicants shall propose sufficient security measures to deter and prevent the unauthorized access or entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the City Manager or his/her designee, security procedures shall include, but shall not be limited to, all of the following:

1. Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.

2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

3. Except for live growing plants which are being cultivated at a cultivation operation, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

4. Arranging for professional installation of a 24-hour security surveillance cameras (CCTV) of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. Procedures for how the applicant will ensure that the security surveillance camera's footage is remotely accessible to law enforcement, and that it is compatible with the City's software and hardware. In addition, procedures on how remote and real-time, live access to the video footage from the cameras will be provided to law enforcement. Procedures for ensuring video recordings are maintained for a minimum of ninety calendar days, and procedures to make them available to law enforcement upon request. Procedures to ensure video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business. In addition to surveillance cameras, each commercial cannabis business shall have access control and intrusion detection alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.

5. A description of where sensors will be installed to detect entry and exit from all secure areas. These sensors shall be monitored in real-time by a security company licensed by the State of California Bureau of Security and Investigative Services.

6. Each commercial cannabis business shall arrange for professional installation of panic buttons in the premises, with immediate notification to the Colton Police Department dispatch.

7. Each commercial cannabis business shall have a professionally installed, maintained, and monitored alarm system, with the required City alarm permit as required by this Colton City Code Section 9.30, et seq. that is monitored in real-time by a security company licensed by the State of California Bureau of Security and Investigative Services.

8. A description of the physical security features and improvements that will be installed within the interior of the building, and in full compliance with all applicable Building and Safety and Fire Code requirements (Use of wrought iron on any interior or exterior door, window or opening is prohibited) and any applicable zoning requirements.

9. Procedures for establishing a plan to have security personnel on-site twenty-four hours a day, or alternative security as authorized by the Colton Police Department. Description or documentation showing that the proposed security personnel are licensed by the State of California Bureau of Security and Investigative Services. The security personnel shall be subject to prior review and approval by the Chief of Police or his/her designee, with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while on duty if authorized by the Chief of Police. The commercial cannabis business shall submit to the City and the Police Department the names and contact information of security personnel, with copies of state-issued licenses and/or permits, governmentally issued identification form, and photographs of uniforms and badges. Acknowledgement from applicant indicating that it shall be responsible for providing this confirming information to law enforcement, with updating information within seven calendar days of a change in security personnel, agents, or representatives.

10. Procedures on how each applicant shall have the capability to remain secure during a power outage and ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

11. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the commercial cannabis business; or (b) a licensed security professional.

12. Identification of a designated security representative/liaison to the City, who shall be reasonably available to meet with City staff, as well as law enforcement regarding any security related measures and/or operational issues.

13. A storage and transportation plan, describing in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, (including the use of child-safe cannabis containers) and any currency.

14. Each commercial cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.

15. An affirmative commitment that the applicant will cooperate with the City whenever the City Manager, or his or her designee, makes a request, upon reasonable notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this subsection.

16. A description and plan of how the applicant will notify the Police Department within 24 hours after discovering any of the following:

(a) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by law enforcement.

(b) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.

(c) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.

(d) Any other breach of security.

(e) Testing Laboratories (only): For applicants seeking to operate a testing laboratory, describe operating procedures as required by the applicable state law and regulations, with references to the applicable state law or regulation requiring same.

17. Each commercial cannabis business shall demonstrate to the Chief of Police, City Manager, or their designee, compliance with the state's track and trace system for cannabis and cannabis products, as soon as it is operational.

18. For applicants with twenty or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the City. The Labor Peace Agreement shall include the following provisions: (1) Prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant's business; (2) Applicant agrees not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicant's employees; (3) The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.

19. Seller's Permit: The applicant shall provide a valid seller's permit number issued by the California Department of Tax and Fee Administration, if applicable. If the applicant has not yet received a seller's permit, the applicant shall attest that the applicant is or will before commencing operations, apply for a seller's permit.

20. Indemnification Agreement: To the fullest extent permitted by local, state and/or federal law, the City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit, the applicant is to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from the Agreement.

21. Payment of Application Fee: Each applicant shall pay the applicable fee(s) pursuant to this Chapter.

B. Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, contract employee or who otherwise works in a commercial cannabis business must submit fingerprints and other information deemed necessary by the Colton Police Department, or the City's law enforcement agency, for a background check. No person shall be issued a permit to operate a commercial cannabis business unless they have first cleared the background check, as determined by the City, the Colton Police Department. A fee for the cost of the background investigation, which shall be the actual cost to the City to conduct the background investigation, as it deems necessary and appropriate, shall be paid at the time the application for a Commercial Cannabis Permit is submitted.

C. The City Manager may adopt any procedure(s) to supplement the initial application process. The City Manager is authorized to prepare the necessary applications, forms, adopt any necessary rules to the application, regulations and processes, and solicit applications.

D. Any Applicant whose 'ownership' includes a person with a past plea or verdict of guilty or a conviction following a plea of nolo contendere for operating a non-licensed cannabis business shall be disqualified from receiving a Commercial Cannabis Permit.

(Ord. No. O-18-24, 12-3-2024)

A. Any person who is an employee or who otherwise works within a commercial cannabis business must be legally authorized to do so under applicable state law.

B. Commercial cannabis business owners and operators shall be required to provide the Chief of Police with evidence of the completion of a criminal background check for all persons in their employ.

C. The criminal background checks completed by commercial cannabis business employers must at a minimum identify the following:

1. Whether the individual applying for employment has ever been convicted of a violent felony as defined by California Penal Code 667.5, or equivalent offenses in other states;

2. Whether the individual applying for employment has ever been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or

3. Whether the individual applying for employment has ever been convicted of the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis-related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.

D. Evidence of a conviction of any the offenses enumerated in Section 5.54.095(c) shall be grounds for denial of employment. Employers who wish to hire an individual notwithstanding this rule shall apply to the Chief of Police, who at his/her sole discretion may issue a written waiver.

E. Violation of this section shall be grounds for immediate suspension of the business' operating permit, pending a hearing before the Community Development Director and the Chief of Police within 30 days for a final determination of the status of the permit.

(Ord. No. O-18-24, 12-3-2024)

A. Phase One. Once the City determines that a complete and timely initial application has been submitted, the application will be subjected to review and initial scoring. A total of one thousand points are available in the initial scoring (Phase Two).

B. Phase Two. The initial review and scoring is done by the team of professionals assigned by the City Manager. The applications will be evaluated on the following criteria:

1. Business Plan (five hundred points).

a. Operations and financial pro forma (one hundred points).

b. Qualifications of principals (one hundred points).

c. Air Quality Plan, Environmental mitigation plan and benefits (two hundred points).

d. Local enterprise: Business owned or operated by a Colton resident (twenty-five points).

e. Public benefits (seventy-five points) Community contributions and involvement.

2. Safety and Security Plan (two hundred points).

3. Neighborhood Compatibility (two hundred points).

4. Labor and employment plan (one hundred points).

C. Applicants who score a minimum of eighty percent or eight hundred points in Phase Two are eligible to undergo the interview process of Phase Three.

D. Phase Three. Phase Three is an interview. The applicant shall be provided a reasonable opportunity to present its application at the interview.

E. Notwithstanding anything in this Chapter to the contrary, the City reserves the right to reject any or all applications, at any time in the review process, if it determines it would be in the best interest of the City, taking into account the health, safety and welfare of the community.

F. The City Manager's decision as to the selection of the prevailing candidates shall be final.

G. Being issued a Notice of Selection does not constitute a land use entitlement and does not satisfy the requirements of securing a technical permits for all construction and structural alterations, including building, electrical, plumbing, and mechanical permits, undergoing and passing all building and fire intermittent and final inspections, and securing any other required permits, licenses, or reviews as may be necessary by the relevant departments or government agencies in charge of said permits. Nor does it guarantee that the plans submitted via the application process meet the standards or requirements in the Colton Zoning Ordinance, or any building or fire codes, laws, rules or regulations, or any other permit requirement from other local or state departments or agencies.

H. Applicants shall have no right to a Commercial Cannabis Permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this Chapter.

I. If an application is denied at any phase, in the event that the City is receiving new applications, a new application may not be filed for one year from the date of the denial.

J. Prior to operating a commercial cannabis business, each person awarded a Commercial Cannabis Permit shall be required to pay a permit fee established by resolution of the City Council, to cover the costs of administering the Commercial Cannabis Permit program created in this Chapter.

(Ord. No. O-18-24, 12-3-2024)

Each Commercial Cannabis Permit issued pursuant to this Chapter shall expire one year after the date of its issuance. Commercial Cannabis Permits may be renewed as provided in this Chapter.

(Ord. No. O-18-24, 12-3-2024)

A. The following are grounds for revocation of a Commercial Cannabis Permit:

1. Failure of a permittee to comply with any requirement imposed by the provisions of this Code, including but not limited to any rule, regulation, condition or standard adopted pursuant to this Chapter, or any term or condition imposed on the Commercial Cannabis Permit, or any provision of state law;

2. Revocation of a state license held by a Responsible Person or permittee of a Commercial Cannabis Permit issued by the City;

3. If the Permittee, its owner(s), manager(s) or a Responsible Person, within the past three years has been sentenced or had a judgment issued in a criminal or civil court proceeding, or has been sanctioned or fined for, enjoined from, or found guilty of or pled guilty or no contest to a charge for engaging in a Commercial Cannabis Activity in the state without the necessary permits and approvals from the applicable state or local jurisdictions;

4. Conviction within the past ten years of the Permittee, its owner(s) or manager(s), or a Responsible Person, including a plea of guilty or no contest, to any the following offenses shall be grounds for revocation of a Commercial Cannabis Permit issued by the City:

a. A violent felony, as specified in Section 667.5(c) of the Penal Code.

b. A serious felony, as specified in Section 1192.7(c) of the Penal Code.

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

d. 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.

e. A felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.

f. A felony or misdemeanor involving the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance occurring after January 1, 2016.

B. If the City Manager determines that a ground for revocation of a Commercial Cannabis Permit exists, the City Manager shall serve written notice of revocation to the Permittee or Responsible Person. The notice may be served on the recipient either personally or by certified first class mail to the address listed on the application. The notice must state the grounds for revocation, the effective date of the decision, and that the permittee has a right to an evidentiary appeal hearing to challenge the revocation decision.

C. The permittee may appeal a revocation decision within 15 days of the date of the notice of revocation. To exercise the right to appeal, the permittee must file with the City Clerk written basis for the appeal, including evidence relating to the grounds for revocation, and the applicable appeal fee. The appeal will be heard by the City Council in accordance with Section 5.54.140. If no timely appeal is filed, the City Manager's decision will be final 15 days after the date on the notice of revocation. If a timely appeal is filed in accordance with this Chapter, then the effective date of the notice is stayed until a decision is made after the hearing on the appeal.

(Ord. No. O-18-24, 12-3-2024)

A. An application for renewal of a Commercial Cannabis Permit and renewal fee shall be filed with the City Manager's office prior to, but not more than one hundred twenty days before, the expiration date of an active and current permit.

B. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter.

C. Any permittee submitting a renewal application less than sixty calendar days before permit expiration may be required to pay a late renewal application fee, as established by resolution of the City Council.

D. To ensure on-going compliance with the initial screening criteria, the renewal application may be required to contain all the information required for new applications.

E. An application for renewal of a Commercial Cannabis Permit may be denied if any of the following exists:

1. Any of the grounds for denial of an application or revocation of a permit

2. The Commercial Cannabis Permit is suspended or revoked at the time of the renewal application submittal.

3. The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.

4. The permittee fails or is unable to renew its State of California license.

5. The permittee made a false, misleading, or fraudulent statement or omission of fact in the renewal application.

F. The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to promote compliance with state or local laws and regulations or otherwise to preserve the public health, safety or welfare. Appeals of the decision of the City Manager shall be handled pursuant to the provisions of Section 5.54.110 of this Chapter.

G. If a renewal application is denied, the permittee may file a new application pursuant to this Chapter no sooner than one year from the date of the rejection and only if and when the City is receiving new applications.

(Ord. No. O-18-24, 12-3-2024)

A. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City, unless and until the State of California, or its respective department or division, reinstates or reissues the State license.

B. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business operating in the City, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City.

C. Permittee shall notify the City Manager in writing within five days of suspension or revocation of a license issued by the State of California, or by any of its departments or divisions.

(Ord. No. O-18-24, 12-3-2024)

A. Notice of and Time to Appeal and Effect of Timely Appeal.

1. A permittee of a commercial cannabis business may appeal a decision of the City Manager made pursuant to this Chapter to suspend, revoke, condition, or not renew a permit. Appeals are made by filing with the City Clerk a written Notice of Appeal within fifteen calendar days from the date of service of the notice issued by the City Manager of his or her decision. Date of service shall mean the date when a notice or written decision was personally delivered to the permittee or the date when the notice was sent by certified, first class mail. Unsuccessful applicants have no right of appeal.

2. The Notice of Appeal shall be in writing and signed by the person making the appeal ("appellant"), or his or her legal representative, and shall contain the following:

a. Name, address, and telephone number of the appellant.

b. Specify the decision, action, or a particular part thereof, made by the City Manager that is the subject of the appeal.

c. Include a true and correct copy of the notice of decision issued by the City Manager which is the subject of the appeal.

d. State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.

e. All documents or other evidence pertinent to the appeal that the appellant requests the considered at the appeal hearing.

f. An appeal fee, as established by resolution of the City Council.

3. Failure to file a timely Notice of Appeal constitutes a waiver of the right to appeal rendering the City Manager's notice of revocation, nonrenewal, suspension and/or other action final and binding. If no appeal is timely filed in the event of a decision of nonrenewal, the Commercial Cannabis Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision of suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.

4. In the event a written Notice of Appeal is timely filed, the decision made by the City Manager regarding the nonrenewal, suspension, revocation, or other appealed action, will remain in effect and no cannabis activity may occur on the property until such time as the City Council or an appointed hearing officer or body has rendered a decision.

B. Review by City Council; Appeal Hearing and Proceedings.

1. The City Council or its appointed hearing officer or body will decide timely appeals. The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten calendar days before the date of the hearing.

2. All requests by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council or its appointed hearing officer or body may continue a hearing for good cause or on its own motion.

3. The City Council shall preside over the hearing on appeal, or at the City Council's discretion, the City Council may appoint a hearing officer or body to conduct the hearing.

4. At the date, time and location set forth in the notice of appeal hearing, the City Council, or its appointed hearing officer or body, shall hear and consider the testimony and any documentary evidence properly submitted for consideration.

5. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded. The City Manager's decision will be upheld only if a preponderance of the evidence supports the nonrenewal, suspension, or revocation.

C. Final Decision.

1. Following the conclusion of the appeal hearing, the City Council, or its appointed hearing officer or body, shall determine if any ground exists for the nonrenewal, suspension or revocation of a Commercial Cannabis Permit or other action subject to appeal under this Chapter. If the City Council, or its appointed hearing officer or body, determines that no grounds for denial, nonrenewal, suspension, revocation, or other action exist, the City Manager's notice of decision shall be deemed vacated. If the City Council, or its appointed hearing officer or body, determines that one or more of the reasons or grounds enumerated in notice of decision exists, the City Manager's decision may be affirmed or modified.

2. The decision of the City Council, or its appointed hearing officer or body, is the final administrative decision and subject to judicial review within the time limits set forth in California Code of Civil Procedure Section 1094.6.

(Ord. No. O-18-24, 12-3-2024)

A. A Commercial Cannabis Permit issued under this Chapter is valid only as to the permittee and approved location and is non-transferable to other persons, projects or locations.

B. No Commercial Cannabis Permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person, persons, or entities. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void, except as set forth in this Chapter.

(Ord. No. O-18-24, 12-3-2024)

No permittee shall change the location of the commercial cannabis business specified in the Commercial Cannabis Permit until any such change of location is approved by the City Manager. The proposed location shall meet all the requirements under this Code, including but not limited to this Chapter and the Colton Zoning Ordinance. The proposed location shall be reviewed and evaluated using the same review criteria and procedure as used and relied on under the initial application process, including a public meeting.

(Ord. No. O-18-24, 12-3-2024)

A. No permittee shall transfer ownership or control of a commercial cannabis business unless and until the proposed new owner submits all required application materials and pays all applicable fees, and the proposed new owner independently meets the requirements of this Chapter such as to be entitled to the issuance of an original Commercial Cannabis Permit.

B. A substantial change in the ownership of a permittee business entity (changes that result in a change of 51 percent or more of the original ownership), must be approved by the City Manager after completion of the application process under this Chapter, including evaluation under any applicable review criteria used and relied upon during the original review and selection process.

C. A permittee may change the form of business entity without applying for a new Commercial Cannabis Permit provided that either:

1. The ownership of the new business entity is the same as the original permit holder business entity; or

2. If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA, provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the City permit application) of the original permittee entity are the same as the new business entity.

D. Although a new Commercial Cannabis Permit is not required in the two circumstances listed in subsection (C), the permittee shall notify the City in writing of the change within ten calendar days of the change and obtain an amendment to the original Commercial Cannabis Permit.

E. No permittees may avail themselves of the provisions of this section if the City Manager, or his or her designee, has notified the permittee that the Commercial Cannabis Permit has been or may be suspended, revoked, or not renewed.

F. Failure to comply with this section is grounds for revocation of a Commercial Cannabis Permit.

G. Any attempt to transfer a Commercial Cannabis Permit either directly or indirectly in violation of this section is hereby declared void and such a purported transfer is a ground for revocation of the permit.

(Ord. No. O-18-24, 12-3-2024)

A. One or more proposed partners in a partnership granted a Commercial Cannabis Permit may make application to the City Manager, together with the fee established by the City Council, to amend the original application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the Commercial Cannabis Permit, upon notification to the City Manager, shall be placed in the name of the surviving partners.

B. If the Commercial Cannabis Permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If fifty-one percent or more of any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed stock purchaser transferee may submit to the City Manager, together with the fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance under this Chapter, and, upon approval thereof, the transfer may then occur.

C. All changes in ownership as described in this section, with the exception of transfers occurring due to death of a partner or stockholder, must be submitted to the City within thirty calendar days, along with any organizational documents reflecting the changes.

(Ord. No. O-18-24, 12-3-2024)

A. The permittee shall advise the City Manager within fifteen calendar days of all changes of name or designation under which the business is to be conducted. The change of name or designation shall be accompanied by a non-refundable fee established by resolution of the City Council to defray the costs of reissuance of the Commercial Cannabis Permit.

B. No permittee shall operate, conduct, manage, engage in, or carry on the business of a commercial cannabis business under any name other than the name of the commercial cannabis business specified in the permit.

(Ord. No. O-18-24, 12-3-2024)

All required City approvals, plan approvals, and permits must be obtained before causing, allowing, or permitting alterations to or extensions or expansions of the existing building(s), structure(s), or portions thereof, approved as a location for a commercial cannabis business. Alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building and fire safety, as well as occupancy.

(Ord. No. O-18-24, 12-3-2024)

Prior to commencing operations, a Permittee of a commercial cannabis business shall obtain a City business license, in accordance with Colton City Code Section 5.02, et seq.

(Ord. No. O-18-24, 12-3-2024)

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory inspection of the premises and must obtain approval of a conditional use permit and all required building permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. The permittee shall also obtain all required Building Safety Department approvals, Fire Department approvals, Health Department approvals and any other permit or approval required by this code or applicable law.

(Ord. No. O-18-24, 12-3-2024)

A. To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit, the applicant shall be required to meet all of the following conditions before they can receive the Commercial Cannabis Permit:

1. They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend at the applicant's sole cost and expense, and hold harmless the City, and its officers, officials, employees, representatives, attorneys, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the City's issuance of the Commercial Cannabis Permit, the City's decision to approve the operation of the commercial cannabis business or activity; the process used by the City in making its decision to issue, approve or deny a permit; or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.

2. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City's Risk Manager.

3. Reimburse the City for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's Commercial Cannabis Permit, or related to the City's approval of the applicant's Commercial Cannabis Activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

B. The terms and provisions as enumerated in this section related to indemnification and limitation on the City's liability shall be an explicit term of a Commercial Cannabis Permit that an applicant and a permittee shall agree to in order for same to be valid.

(Ord. No. O-18-24, 12-3-2024)

A. Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis, or at any time upon reasonable request of the City, each commercial cannabis business shall file a sworn statement detailing the commercial cannabis business' revenue and number of sales during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submi to the City a financial audit of the business' operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager, or his or her designee.

B. Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager upon request.

C. All records collected by a permittee pursuant to this Chapter shall be maintained for a minimum of seven years and shall be made available by the permittee to the agents or employees of the City upon request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order.

D. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each commercial cannabis business shall allow City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four hours after receipt of the City's request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City's software and hardware.

(Ord. No. O-18-24, 12-3-2024)

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco products on or about the premises of a commercial cannabis business.

(Ord. No. O-18-24, 12-3-2024)

A. All related fees and charges associated with the operation of a commercial cannabis business as referenced or determined by this Chapter shall be established by Resolution of the City Council, which may be amended from time to time.

B. No person may commence or continue any Commercial Cannabis Activity in the City, without timely paying in full all fees and charges required for the operation of a Commercial Cannabis Activity, and as mandated by this Chapter.

C. All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales tax, use tax, business tax and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of fees, costs or taxes required to be paid during any period.

(Ord. No. O-18-24, 12-3-2024)

A. No commercial cannabis business may be located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth and recreation center, which is in lawful existence at the time a successful application for a Commercial Cannabis Permit was submitted to the City. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or other protected use to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.

B. Commercial cannabis businesses may operate only during the hours established by resolution of the City Council and as specified in the Commercial Cannabis Permit issued by the City.

C. Cannabis shall not be consumed by anyone on the premises of any commercial cannabis business, unless explicitly authorized by a City ordinance, resolutions, rules, regulations or pursuant to explicit terms of a Commercial Cannabis Permit.

D. No cannabis or cannabis products shall be visible from the exterior of any property issued a Commercial Cannabis Permit or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

E. Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City's record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.

F. All cannabis and cannabis products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State of California and local regulations.

G. No physician shall be permitted in any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card where applicable.

H. All commercial cannabis operators shall have a manager on the premises at all times during hours of operation.

I. Each commercial cannabis business shall provide the City Manager with the name, telephone number (both landline and mobile) of an on-site manager or owner to whom emergency notice may be provided at any hour of the day.

J. Signage and Notices:

1. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of state law and the City Code, including, but not limited to, the requirements for a City sign permit and applicable zoning laws regulating signs.

2. Each commercial cannabis business premises shall be visibly posted with clear and legible notices indoors indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

K. Persons under the age of twenty-one years shall not be allowed on the premises of a commercial cannabis business, except if pertaining to sales of cannabis for medicinal use. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one years of age.

L. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the City Engineer, Public Works Director or Building Official determines is a more effective method or technology:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2. An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

M. The original Commercial Cannabis Permit issued by the City pursuant to this Chapter, the City issued business license, and the state-issued Seller's Permit shall be posted inside the commercial cannabis business in a location readily-visible to any City, County or State employee, official, or agent authorized to enforce the City's Code, or applicable cannabis-related laws.

N. The permittee of a commercial cannabis business shall prohibit loitering by persons outside on the premises, and is required to enforce this prohibition within its premises and adjacent public areas, including cooperating with the City's law enforcement agency dispatched to enforce same. The placement and use of no loitering signs shall be included as part of any submittal and depicted on a business or operational plan.

O. Prior to the operation of a commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits and approvals from the relevant City or County department or division which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.

P. Permittees shall adhere to all applicable operating procedures, including those submitted as part of the initial application process, and pursuant to those established in applicable State of California laws, regulations, and policies.

Q. Permittees must comply with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.

R. No commercial cannabis business may discriminate or exclude patrons in violation of local, state and federal laws and regulations.

S. Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide this information to all businesses and residences located within four hundred feet of the commercial cannabis business.

T. The owner, manager, and community relations representative from each commercial cannabis business holding a Commercial Cannabis Permit shall, if requested by the City Manager, attend a quarterly meeting with the interested parties to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter.

(Ord. No. O-18-24, 12-3-2024)

A. The cultivation of all cannabis must occur indoors, and outdoor cultivation is prohibited. Cultivation should not occur in any temporary greenhouse structures. Any greenhouse structure that is not of a permanent nature, i.e. is constructed of fabric, metal or plastic, is prohibited. All cultivation shall occur in secure structures constructed in accordance with the California Building Code.

B. From a public right-of-way, there should be no exterior evidence of cannabis cultivation except for any signage authorized by this code.

C. The general public is not permitted on the cannabis cultivation licensed premises except for the agents, applicants, managers, employees, and volunteers of the cannabis cultivation permittee and agents or employees of the City.

D. A permittee shall only be allowed to cultivate the square feet of canopy space permitted by state law and in the permit issued for the premises.

E. Cannabis cultivation shall be conducted in accordance with state and local laws related to electricity, water usage, water quality, discharges, and similar matters.

F. Permittee shall comply with all applicable federal, state and local laws and regulations regarding use and disposal of pesticides and fertilizers.

G. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

H. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

I. Prior to transportation, a cannabis cultivation licensee shall package and seal all cannabis or cannabis products in tamper-evident packaging and use a unique identifier, such as a batch and lot number or bar code, to identify and track the cannabis or cannabis products.

J. All applicants for a Commercial Cannabis Permit pertaining to cannabis cultivation shall submit the following in addition to the information generally otherwise required for a commercial cannabis permit:

1. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel; a description of the cultivation activities and schedule of activities during each month of growing and harvesting; or an explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

2. A description of a legal water source, irrigation plan, and projected water use.

3. Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.

4. Plan for addressing odor and other public nuisances that may derive from the cultivation site.

(Ord. No. O-18-24, 12-3-2024)

A. From a public right-of-way, there should be no exterior evidence of cannabis manufacturing except for any signage authorized by this chapter.

B. The general public is not permitted on the cannabis manufacturing premises except for the agents, applicants, managers, employees, and volunteers of the cannabis manufacturing licensee and agents or employees of the City.

C. All cannabis manufacturing shall comply with the standards set by state law.

D. Cannabis Manufacturing Facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

E. Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.

F. Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.

G. No volatile manufacturing of cannabis shall be permitted in the City. Volatile manufacturing means using any solvent that is or produces a flammable gas or vapor that, when present in the air is sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.

(Ord. No. O-18-24, 12-3-2024)

A. From a public right-of-way, there should be no exterior evidence of Cannabis Distribution except for any signage authorized by this chapter.

B. The general public is not permitted on the Cannabis Distribution licensed premises except for the agents, applicants, managers, employees, and volunteers of the Cannabis Distribution licensee and agents or employees of the City.

C. Permittee for cannabis distribution shall only procure, sell, or transport cannabis or cannabis products that are packaged and sealed in tamper-evident packaging using unique identifiers, such as batch and lot numbers or bar codes, to identify and track the cannabis or cannabis products.

D. Permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct transportation on behalf of the cannabis distribution business pursuant to Commercial Cannabis Permit issued by the City.

E. Individuals authorized to conduct transportation on behalf of the cannabis distribution business shall have a valid California Driver's License.

F. Individuals transporting cannabis or cannabis products on behalf of the cannabis distribution business pursuant to a Commercial Cannabis permit shall maintain a physical copy of the transportation request and invoice and shall make them available upon request of agents or employees of the City requesting documentation.

G. During transportation, the individual conducting transportation on behalf of the cannabis distribution business shall maintain a copy of the Commercial Cannabis Permit and shall make it available upon the request of agents or employees of the City requesting documentation.

H. Cannabis or cannabis products shall be transported only in a vehicle that is: (i) insured at or above the legal requirement in California, (ii) capable of securing (locking) the cannabis or cannabis products during transportation, and (iii) capable of being temperature controlled if perishable cannabis products are being transported.

(Ord. No. O-18-24, 12-3-2024)

A. Cannabis testing shall take place within an enclosed locked structure.

B. From a public right-of-way, there should be no exterior evidence of cannabis testing except for any signs authorized by this Chapter.

C. All cannabis testing shall be performed in accordance with state law.

D. Permittee shall adopt a standard operating procedure using methods consistent with general requirements established by the International Organization for Standardization, specifically ISO/IEC 17025, to test cannabis or cannabis products, and shall operate in compliance with state law at all times.

E. Permittee shall be accredited by a body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement.

F. Permittee shall establish standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing.

G. Permittee shall destroy the remains of samples of any cannabis or cannabis product upon completion of analyses. Destruction shall be done in a manner compliant with state law.

H. Any testing that requires the use of solvents for extraction must comply with Section 68-31 (manufacturing requirements).

(Ord. No. O-18-24, 12-3-2024)

Prior to commencing operations, a delivery service operating from outside the city shall comply with the following requirements:

1. Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers.

2. The retail business operating the delivery service shall provide the City Manager or his/her designee with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function.

3. The retail business operating the delivery service shall furnish to the City Manager or his/her designee the year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

(Ord. No. O-18-24, 12-3-2024)

Cannabis delivery businesses located outside of the City permitted to engage in delivery of cannabis and cannabis products inside the City of Colton are subject to the following requirements:

A. A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.

B. A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis permit and all subsequent policies, procedures and regulations which may be amended by the City Manager or his or her designee from time to in order to enforce this Chapter.

(Ord. No. O-18-24, 12-3-2024)

A. Outdoor Cultivation.

1. It is hereby declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel upon which the person knows, or by exercising reasonable care of diligence, should know that such parcel is being used for outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, commercial, or personal uses.

2. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

B. Indoor Cultivation.

1. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel upon which the person knows, or by exercising reasonable care of diligence, should know that such parcel is being used for the cultivation of cannabis plants within a fully enclosed and secure structure on the parcel, except as provided in subsections (2) and (3) of this section.

2. A person may not plant, cultivate, harvest, dry, or process cannabis plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

3. In accordance with Health and Safety Code section 11362.2, there shall be no more than six (6) plants of personal cannabis cultivation per residence, regardless of the number of people who reside at the residence. The living plants and any cannabis produced by the plants must be kept within the person's private residence and must be secure in a locked space, and are not visible by normal unaided vision from a public place.

4. All personal cultivation must comply with all local ordinances and state regulations.

(Ord. No. O-18-24, 12-3-2024)

A. The City Manager may promulgate additional or supplemental operating requirements applicable to all commercial cannabis businesses to promote the public's safety, welfare or health.

B. The City Manager may establish additional rules, regulations, policies and standards consistent with this Chapter governing the application review and approval process; the issuance, denial or renewal of Commercial Cannabis Permits; the ongoing operation of commercial cannabis businesses and the City's oversight of them; and concerning any other subject determined to carry out the intent and purposes of this Chapter, including without limitation, establishing time periods to solicit applications pursuant to this Chapter, and corresponding deadlines for timely submittals of applications to the City.

C. Additional rules, regulations, policies and standards shall be published on the City's website and maintained and available to the public in the Office of the City Clerk.

D. Rules, regulations, policies, and standards promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

(Ord. No. O-18-24, 12-3-2024)

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable in any manner authorized by this Code, state law, or in any court of competent jurisdiction.

(Ord. No. O-18-24, 12-3-2024)

Permittees, their Responsible Persons, managers, including the landowner, lessee, tenant, or any other person who had possession or custody of the property shall be responsible for violations of the laws of the State of California or of the City Code, whether committed by the permittee, or any employee or agent of the permittee, which violations occur on the premises of the commercial cannabis business whether or not the violations occur within the permittee's presence. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the permittee for purposes of determining whether the permit shall be revoked, suspended, or not renewed.

(Ord. No. O-18-24, 12-3-2024)

A. The City Manager, Police Chief, Fire Marshal and their designees charged with enforcing the provisions of the City Code may enter the location of a commercial cannabis business at any time during regular business hours, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of state law.

B. It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law.

(Ord. No. O-18-24, 12-3-2024)

A. Any person who violates any provision of this Chapter is guilty of a misdemeanor and subject to the penalties of this Code.

B. It is unlawful for any Permittee of a commercial cannabis business, or its Responsible Person, manager or any other person employed by or working in concert with them or on their behalf, whether directly or indirectly, to continue to operate, conduct, or maintain a commercial cannabis business after the City-issued Commercial Cannabis Permit has been suspended or revoked, or not renewed, pursuant to a non-contested notice of decision issued by the City Manager, or after the issuance of a final order after an appeal hearing.

C. Any commercial cannabis business operated, or residential indoor cannabis cultivation conducted, or any other unpermitted cannabis activity conducted or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate, cause cessation, or remove such commercial cannabis business and restrain and enjoin any person from operating, conducting or maintaining a commercial cannabis business contrary to the provisions of this Chapter.

D. In addition to penalties set forth in this Chapter of the City's Code, an Administrative Citation may be issued by any employee authorized to issue such citations under this Code to any responsible person for any condition caused or permitted to exist in violation of any of the provisions of this Chapter as follows:

1. Each and every marijuana plant cultivated, manufactured, processed, stored, laboratory tested, labeled, retail sold, distributed, or transported in violation of the City of Colton's Municipal Code shall be subject to immediate imposition of an administrative citation penalty of $1,000.00 per plant per day, which shall not exceed $10,000 per day the plant remains unabated past the abatement deadline set forth in the administrative citation.

2. A citation issued for a violation of zoning, building, plumbing, electrical, or other similar structural health and safety, or zoning requirements need not include a reasonable time for compliance in the citation when the violation exists as a result of, or to facilitate, the illegal cultivation, manufacturing, processing, storing, laboratory testing, labeling, retail, distribution, or transportation of marijuana.

3. This section shall not be construed to limit administrative fines or penalties that are imposed after notice and reasonable time to correct the violation. A reasonable time to correct a violation, under this Chapter, that does not create an immediate danger to health and safety shall be no less than five (5) days.

E. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

F. Whenever in this Chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

G. Any violation of this Chapter shall be joint and several with strict liability imposed on any property owner without regard to any elements of mens rea, fault, negligence, or other wrongdoing.

H. The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this Chapter, the City's Code, or in any other ordinance, laws, rules or regulations of the City, County, or the State of California.

I. Administrative Hearing Requirements: Any Responsible Person who is a legal owner of the Subject Property may substantiate, before an administrative hearing officer, that all of the following are true, shall be given a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties:

1. A tenant is in possession of the property that is the subject of the administrative action.

2. The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.

3. The rental property owner or agent did not know the tenant was engaging in unlawful commercial cannabis activity and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlawful commercial cannabis activity.

(Ord. No. O-18-24, 12-3-2024)

Except as designated in this Chapter, the provisions of this Chapter shall control for regulation of commercial cannabis businesses as defined herein if other provisions of the Code conflict therewith. This Chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.

(Ord. No. O-18-24, 12-3-2024)

It shall be unlawful for a permittee of a commercial cannabis business, or its Responsible Person, manager or any other person employed by the permittee, to discriminate in any manner or take adverse action against any Employee in retaliation for exercising rights protected under this section. These rights include, but are not limited to: The right to file a complaint or inform any person about any party's alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this section and to assist him or her in asserting such rights. Protections under this section shall apply to any Employee who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking adverse action against an Employee within ninety days of the Employee's exercise of rights protected under this section shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

(Ord. No. O-18-24, 12-3-2024)

A. A local elected official, appointed official or any former employee of the City shall not for a period of one year after leaving that office, position or employment, act as an agent or attorney for, consultant or otherwise represent, for compensation , any other person, by making any oral or written communication to the City Council, or any committee, subcommittee, Board, Commission or present member thereof, or any officer or employee of the City, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving issuance, amendment, awarding, or revocation of a permit, license, grant or contract, or the sale or purchase of goods or property, as described in this Chapter.

B. Subdivision (A) does not apply to an individual who is, at the time of the appearance or communication, an elected official, a board member, officer, or employee of another local government agency or an employee or representative of a public agency and is appearing or communicating on behalf of that agency.

(Ord. No. O-18-24, 12-3-2024)

All permit applicants listed on the application or any persons lobbying on their behalf shall comply with the Process Integrity Standards adopted by separate Resolution of the City Council. Failure to abide by the Process Integrity Standards may result in disqualification from an existing cannabis permit review process or revocation if it is later determined that the applicant or any person associated with the application or any third party lobbying on their behalf has violated the standards.

(Ord. No. O-18-24, 12-3-2024)