Chapter 158 — CANNABIS

(A) This chapter establishes regulations for commercial cannabis uses and cannabis cultivation for personal use. These regulations are intended to:

• (1) Provide safe access to medicinal and adult-use cannabis and cannabis products;

• (2) Prevent adverse impacts to adjacent properties, surrounding neighborhoods, and the general community;

• (3) Minimize potential environmental impacts resulting from commercial cannabis uses;

• (4) Promote economic vitality, new business investment, and the creation and retention of quality jobs;

• (5) Allow for a diversity of cannabis-related uses in Eureka;

• (6) Provide for an efficient approval process for city-required permits and licenses;

• (7) Implement and enforce state law while not duplicating the requirements of state licensing authorities;

(8) Ensure city-issued commercial cannabis licenses generate sufficient revenue to cover city costs to oversee and regulate commercial cannabis businesses;

• (9) Assist law enforcement agencies in performing their duties effectively and in accordance with state law; and

• (10) Ensure cannabis uses operate in compliance with this chapter.

(B) This chapter implements the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), codified in Cal. Business and Professions Code §§ 26000 - 26250 (Cannabis).

(Ord. 933-C.S., passed 7-19-22)

(A) General. This chapter applies to all personal use cannabis cultivation activities and all commercial cannabis uses in Eureka, including commercial cannabis uses legally established prior to the effective date of this chapter.

• (B) Coastal Zone.

(1) This chapter applies to all areas in Eureka, including areas inside and outside of the coastal zone.

(2) Commercial cannabis uses and cannabis cultivation for personal use in the coastal zone must also comply with cannabis regulations in Chapter 156 of the Eureka Municipal Code and other applicable requirements of the City of Eureka Local Coastal Program (LCP) certified by the California Coastal Commission.

(3) In cases of conflict between this chapter and the certified LCP, the certified LCP governs within the coastal zone. (Ord. 933-C.S., passed 7-19-22)

This chapter is not intended to conflict with federal or state law. Nothing in this chapter permits activities that are otherwise illegal under federal, state, or local law.

(Ord. 933-C.S., passed 7-19-22)

If any portion of this chapter is found invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this chapter. (Ord. 933-C.S., passed 7-19-22)

(A) For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CANNABIS. All parts of the plant 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. CANNABIS does not include industrial hemp as defined by § 11018.5 of the Cal. Health and Safety Code.

CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation includes the use of cannabis clones, mother plants, and nurseries.

CANNABIS CULTIVATION, INDOOR. The cultivation of cannabis within a fully enclosed structure using exclusively artificial lighting.

CANNABIS CULTIVATION AREA.

(a) The cumulative gross area used for cannabis cultivation measured using either:

• (i) The outward edge of the trays, pots or other containers used for cultivation; or

(ii) The vegetative canopy, whichever is greater.

(b) If cannabis containers are stacked in horizontal layers, the area of each layer is included in the cultivation area calculation. Space not directly used for cultivation (e.g., storerooms, bathrooms, drying racks, trimming areas) are not included in the cannabis cultivation area calculation.

CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer.

CANNABIS DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees. Distribution also includes the inspection, storage, labeling, packaging and other processes required prior to transport to a licensed cannabis retailer or cannabis manufacturing facility.

CANNABIS EXTRACTION. The process by which cannabinoids and terpenes found within cannabis are recovered from the plant material.

(a) CHEMICAL EXTRACTION. Cannabis extraction utilizing a chemical solvent such as butane, propane, ethanol, or supercritical carbon dioxide.

(b) MECHANICAL EXTRACTION. Cannabis extraction utilizing only pressure and/or physical action without the use of chemical solvents.

CANNABIS FACILITY. A facility, premise, tenant space, site, or location where one or more commercial cannabis use operates.

CANNABIS MANUFACTURING. The production, preparation, processing, 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 relabels its container.

CANNABIS PROCESSING. The manicuring, drying, curing, grinding, bagging, packaging, rolling, and other similar transformation of cannabis.

CANNABIS PRODUCTS. Cannabis that has undergone a process whereby the plant material has been transformed, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

CANNABIS RESEARCH AND DEVELOPMENT. A facility that offers or performs research and development of cannabis or cannabis products where no commercial cultivation, processing, distribution, wholesale, or retail sales of cannabis or cannabis products occurs. Growing of plants and the use of volatile solvents (as listed in Tables 307.1(1) and 307.1(2) of the California Building Code) for the purpose of conducting the research and development may be allowed. Research and Development may include, but is not limited to, systematic activities intended to create new products, processes, patents; scientific assessment of the safety and efficacy of cannabis and cannabis compounds for research and product development purposes; and/or work directed toward the innovation, introduction and improvement of production, processes, and/or products.

CANNABIS RETAIL. The sale and/or delivery of cannabis or cannabis products to customers. Includes retail sales for both on-site and off-site consumption of cannabis and cannabis products.

CANNABIS TESTING LABORATORY. A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:

(a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis business in the state.

• (b) Licensed by the Bureau of Cannabis Control.

CITY. The City of Eureka.

CITY MANAGER. The City Manager of the City of Eureka or his or her designee.

COASTAL ZONE. The area of land and water within the Eureka city limits, extending inland from the state's seaward limit of jurisdiction to the boundary as shown on Eureka's Local Coastal Program (LCP) Post-LCP Certification Permit and Appeal Jurisdiction map as certified by the California Coastal Commission.

COMMERCIAL CANNABIS USE. The commercial cultivation, possession, manufacture, processing, storing, laboratory testing, research and development, labeling, transportation, distribution, delivery, or sale of cannabis or cannabis products. COMPASSIONATE USE ACT. The Compassionate Use Act of 1996 (Proposition 215) codified as Cal. Health and Safety Code §§ 11362.5 et seq.

GENERAL CANNABIS USE.

• (a) A land use category that includes all of the following types of commercial cannabis businesses:

• (i) Indoor cannabis cultivation.

• (ii) Cannabis distribution.

(iii) Mechanical cannabis extraction and other cannabis manufacturing activities that do not involve chemical cannabis extraction.

• (iv) Cannabis research and development.

• (v) Cannabis testing laboratories.

• (b) The general cannabis use category excludes cannabis retail and chemical cannabis extraction.

LICENSEE. A person who possesses both a state license and a city-issued commercial cannabis license allowing commercial cannabis business activities.

MEDICAL CANNABIS. Cannabis or a cannabis product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in § 11362.5 of the Cal. Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by the city.

MOBILE CANNABIS VENDORS. The production, sale, and/or distribution of cannabis from a vehicle or other type

conveyance while located on a street, private property, or traveling from place to place. Excludes cannabis delivery conducted by a licensed cannabis retailer in compliance with this chapter.

OWNER. Any of the following:

• (a) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

• (b) The chief executive officer of a nonprofit or other entity.

• (c) A member of the board of directors of a nonprofit.

(d) An individual who will be participating in the direction, control, or management of the person applying for a license. PERSONAL USE CANNABIS CULTIVATION. The cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use or by a primary caregiver for their qualified patient(s) in accordance with state law.

PREMISES. The designated structure or structures and land specified in the application that is owned, leased, or otherwise

held under the control of the applicant or licensee where the commercial cannabis business will be or is conducted. PRIMARY CAREGIVER. As defined in § 11362.7 of the Cal. Health and Safety Code.

QUALIFIED PATIENT. As defined in Cal. Health and Safety Code §§ 11362.7 et seq.

RESIDENCE. A legal dwelling unit consisting of a room or group of rooms (including sleeping, eating, cooking, and

sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for

occupancy by one household on a long-term basis.

SELL, SALE, and TO SELL. Any transaction whereby, for any consideration, title to cannabis or cannabis products is

transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.

STATE LICENSING AUTHORITY. The state agency responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.

TEMPORARY CANNABIS EVENT.

• (a) An event involving the on-site sale and/or consumption of cannabis products that is:

(i) Open to the public (an event not limited to invitees and otherwise open to any member of the public with or without an admission fee or charge); and

• (ii) Attended by five or more participants (including sponsors and guests).

(b) A temporary cannabis event does not include social gatherings held in a private residence.

VOLATILE SOLVENTS. Solvents used in the manufacture of cannabis products determined to be volatile by the California Department of Public Health or the Humboldt Bay Fire Department.

ZONING CODE. Chapter 155 of the Eureka Municipal Code.

ZONING DISTRICT. A defined area within the City of Eureka as established in the Zoning Code where uniform land use and development standards apply in accordance with the Zoning Code.

(B) Terms not defined. Terms not defined in this chapter must be interpreted to give this chapter its most reasonable meaning and application, consistent with Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and applicable state and federal law.

(Ord. 933-C.S., passed 7-19-22)

PERSONAL USE REGULATIONS

This subchapter establishes standards for personal use cannabis cultivation.

(Ord. 933-C.S., passed 7-19-22)

(A) General. Cannabis cultivation for personal use is allowed within any residence subject to the standards in division (B) (Standards) below.

(B) Standards.

(1) Residence required. Cultivation may occur only on a property with a legal residence, occupied full-time by the person cultivating the cannabis. The residence must remain at all times a residence with legal and functioning cooking, sleeping, and sanitation facilities.

(2) Personal use only. Cannabis may be cultivated only for the cultivator's personal use. Cannabis may not be provided, donated, sold, and/or distributed to any other person except as allowed by the Compassionate Use Act for primary caregivers who cultivate medicinal cannabis for their patients.

• (3) Age requirement. Cannabis may be cultivated only by persons:

• (a) Twenty-one years of age or older for non-medical use; and

• (b) Eighteen years of age or older for medical use.

• (4) Maximum number. A maximum of six living plants are permitted per residence unless otherwise allowed by the Compassionate Use Act for medicinal cannabis.

(5) Maximum area. The cannabis cultivation area for a residence may not cumulatively exceed 50 square feet. A maximum area of 100 square feet is allowed for primary caregivers who cultivate medicinal cannabis for their patients.

(6) Indoor cultivation only. Cultivation of cannabis for personal use must occur only within a private residence, or in a selfcontained accessory building that is secured, locked, and fully enclosed and which is for the exclusive use of the resident.

(7) Maintenance of required parking. Cultivation may not displace required on-site parking unless replacement parking is provided elsewhere on the property.

• (8) Building and Fire Code compliance. Areas for cultivation must comply with the Building and Fire Code, including all applicable ventilation requirements.

(9) Public health and safety. The cultivation of cannabis must not adversely affect the public health or safety or adjacent and nearby residents through creation of mold, mildew, dust, glare, heat, noise, odor, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts.

• (10) Hazardous practices. Cultivation must not:

• (a) Use or store hazardous or toxic chemicals or materials;

• (b) Create hazardous or toxic products or wastes; or

• (c) Use volatile solvents, processes, or other methods or substances that pose a significant risk to public health or safety.

• (11) Lighting. Cannabis cultivation lighting may not cumulatively exceed 1,200 watts.

• (12) Electrical equipment and wiring.

• (a) All electrical equipment used to cultivate cannabis (e.g., lighting and ventilation) must be plugged directly into a wall outlet or otherwise hardwired. Extension cords may not be used to supply power to cultivation equipment.

• (b) Electrical wiring/rewiring and installation or relocation of wall outlets requires an electrical permit from the Building Department.

• (13) Gas products. The use of gas products (e.g., CO2, butane) for cannabis cultivation is prohibited.

• (14) Exterior evidence. From a public right-of-way or adjacent property, there must be no exterior evidence of cannabis cultivation occurring at the property, including:

• (a) Visible plants and/or cultivation equipment;

• (b) Cultivation-related odor; and

• (c) Light emanating from cultivation-related lighting.

• (15) Prohibitions.

• (a) Personal use cannabis cultivation is prohibited as a home occupation.

• (b) Distribution of cannabis cultivated for personal use is not allowed.

• (Ord. 933-C.S., passed 7-19-22)

COMMERCIAL CANNABIS REGULATIONS

This subchapter identifies where commercial cannabis uses are allowed, permits required, and standards that apply to these uses. (Ord. 933-C.S., passed 7-19-22)

(A) Allowed uses and permits required.

(1) Allowed use tables. For zoning districts outside of the coastal zone, allowed commercial cannabis uses and required permits are shown in Table 158-1. Within the coastal zone, allowed commercial cannabis uses and required permits are specified in the certified Local Coastal Program. Notations within these tables have the following meanings:

• (a) Permitted uses. A "P" means a use is permitted by right in the zoning district after obtaining a zoning clearance.

• (b) Conditionally permitted uses. A "C" means a use requires approval of a Conditional Use Permit.

• (c) Minor permitted uses. An "M" means a use requires approval of a Minor Use Permit.

• (d) Uses not allowed. A "-" (dash) means a use is not allowed in the zoning district.

Table 158-1: Allowed Commercial Cannabis Uses

(2) Permit procedures.

(a) For commercial cannabis uses outside of the coastal zone, see Zoning Code § 155.412 (Specific Permits and Approvals) for permit procedures.

(b) Within the coastal zone, permit procedures are as specified in the certified Local Coastal Program.

(3) Licenses required. In addition to the permits required by Tables 158-1, commercial cannabis uses require a license approved by the city and the state. See Article 4 (Commercial Cannabis Licenses) for city license requirements.

(4) Unlisted zoning districts. Commercial cannabis uses are prohibited in any zoning district not listed in Tables 158-1.

(5) HM Zoning District. In the Hospital Medical (HM) zoning district, allowed commercial cannabis uses are limited to uses intended to primarily serve employees, patients, and visitors of medical uses in the zoning district as determined by the Conditional Use Permit process.

(6) Changes to approved use.

(a) Outside of the coastal zone, a change to a commercial cannabis use with an approved Use Permit or Minor Use Permit must be approved by the city as provided in Zoning Code § 155.420.080 (Changes to an Approved Project).

(b) Within the coastal zone, changes must be approved as specified in the certified Local Coastal Program.

(B) Mobile cannabis vendors. Mobile cannabis vendors are prohibited within city limits.

(C) Delivery services. Cannabis deliveries originating from outside city limits and delivering cannabis or cannabis products within city limits are allowed only with a business license and proof of local and state licensure.

(D) Compliance with state laws and regulations.

(1) All commercial cannabis uses must comply with applicable state laws, rules and regulations, as may be adopted and amended from time to time, including all permit, approval, inspection, reporting and operational requirements imposed by the state and its regulatory agencies having jurisdiction over cannabis and/or cannabis businesses. These include, but are not limited to, the Bureau of Cannabis Control, the Department of Food and Agriculture, the Department of Public Health, the Department of Pesticide Regulation, and the Board of Equalization.

(2) If requested by the city, a commercial cannabis use must provide copies of state, regional and local agency permits, approvals, or certificates to verify compliance.

(E) Compliance with Municipal Code. A commercial cannabis use must comply with all applicable regulations in the Municipal Code, including but not limited to the Zoning Code and all regulations governing building, grading, plumbing, sewer, electrical, fire, hazardous materials, nuisance, and public health and safety.

(F) On-site parking. For purposes of determining required on-site parking spaces outside of the coastal zone based on Table 324-1 in Zoning Code § 155.324 (Parking), general cannabis uses and cannabis retail uses are considered a "commercial use." Chemical cannabis extraction uses are considered an "industrial and storage use."

(G) Entrance notice. Each entrance to a commercial cannabis use must be clearly and legibly posted with a notice indicating that persons under the age of 21 are precluded from entering the premises, except for qualified patients, unless accompanied by a parent or legal guardian.

(H) Distance from schools.

(1) A new permit or license to operate may not be issued for a commercial cannabis use within a 600-foot radius of an existing public charter or K-12 school. The 600-foot buffer is measured from the edge of the parcel containing the school to the edge of the parcel containing the commercial cannabis use.

(2) A new public charter or K-12 school locating within 600 feet of an existing commercial cannabis use is not grounds to deny the annual renewal of a previously granted cannabis facility permit or license.

(I) Public health and safety. A commercial cannabis use may not adversely affect the health or safety of the facility occupants or employees, or nearby properties through the creation of mold, mildew, dust, glare, heat, noise, odor, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts.

(J) Hazardous materials. A commercial cannabis use must comply with all applicable Health and Safety Code and California Fire Code requirements related to the storage, use, and handling of hazardous materials and the generation of hazardous waste.

• (K) Security.

• (1) General. A commercial cannabis use must implement sufficient security measures to ensure public safety, prevent unauthorized access to restricted areas, and protect the premises from theft.

(2) State requirements. A commercial cannabis use must comply with security requirements such as limited-access areas,

employee badges, video surveillance systems, security personnel, locks, and alarm systems described in 16 CCR Sections 50425047.

(3) Risk classification. Specific security measures required for a commercial cannabis use are based on the facility's risk classification as determined by the Eureka Police Department. At any time, the Police Department may change a use's risk classification (based on calls for service to the facility and/or other relevant factors) and require additional or modified security measures.

(4) Security plan. A commercial cannabis use must comply with a security plan approved by the Eureka Police Department. Security plan requirements are described in the commercial cannabis license application and are based on the facility's risk classification. At a minimum, a security plan must include:

• (a) Signage to control theft on the premises;

• (b) Video surveillance to record activity on the premises, both inside and outside buildings;

• (c) Commercial grade security, burglar, and panic alarm systems;

• (d) General site control measures to deter and prevent unauthorized entrance into areas containing cannabis (e.g., customerrestricted areas, cannabis storage, safes and locks, exterior lighting);

• (e) For high-risk facilities, entry controls such as man trap doors, if required; and

• (f) All security measures required by state law and determined necessary by the Eureka Police Department.

• (L) Odors.

• (1) Cannabis odors must not be detectable outside of a building containing a commercial cannabis use.

(2) A commercial cannabis use must incorporate a sufficient odor absorbing ventilation and exhaust system so that cannabis odor is not detected:

• (a) Outside of the building containing the cannabis use;

• (b) Anywhere on adjacent property or public right-of-way;

(c) On, in, or around 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

• (d) Within any other unit located inside the same building as the commercial cannabis use.

• (Ord. 933-C.S., passed 7-19-22)

• (A) Where allowed. Temporary cannabis events are allowed:

• (1) On the premises of a licensed commercial cannabis use;

• (2) On private property without a licensed commercial cannabis use in any non-residential zoning district; and

• (3) Within a city facility or other public property in any zoning district.

• (B) Required approvals.

• (1) A temporary cannabis event requires city approval of a temporary cannabis event permit.

• (2) A temporary cannabis event may require state approval of a temporary cannabis event license.

• (3) Outdoor events on a city street or other public property also require a city-approved special event permit under Municipal Code Chapter 96 (Parades and Assemblies).

• (4) A temporary cannabis event is not permitted unless the applicant obtains all required city and state approvals prior to the event.

• (C) Event standards.

• (1) Compliance with state law. A temporary cannabis event must comply with 16 CCR 5601 (Temporary Cannabis Event License) and other applicable state laws and regulations.

• (2) Age. A temporary cannabis event is limited to persons 21 years of age and older.

• (3) Duration. The maximum duration of a temporary cannabis event is four consecutive days.

• (4) Frequency. No more than six temporary cannabis event permits may be issued for the same location per calendar year.

• (D) Temporary Cannabis Event Permit.

• (1) Review authority. The City Manager takes action on all temporary cannabis event permit applications.

• (2) Application submittal and review.

• (a) Applications for a temporary cannabis event permit must be made in writing using an official city form and

accompanied by all required fees, information, and materials.

• (b) Applications must be submitted to the city at least 30 days prior to the proposed event.

• (c) The city will review applications for completeness and to determine compliance with applicable requirements.

(3) Findings for approval. To approve a temporary cannabis event permit, the City Manager must make all of the following findings:

• (a) The temporary cannabis event will not be detrimental to the public health, safety, or welfare.

(b) The temporary cannabis event will not create substantial adverse impacts on adjoining properties, the surrounding neighborhood, or the community in general.

(c) The size and configuration of the facility/location is adequate and appropriate to accommodate the temporary cannabis event.

(d) Adequate temporary parking to accommodate vehicular traffic generated by the temporary cannabis event will be available, either on-site, or at alternate locations acceptable to the City Manager.

(4) Conditions of approval. The City Manager may attach conditions to a temporary cannabis event permit as needed to mitigate potential impacts and ensure compliance with any applicable requirement or regulation.

(5) Revoked permits. If a temporary cannabis event permit is revoked for any reason, the event applicant or any business owner identified in the temporary cannabis event permit application may not apply for a new temporary cannabis event permit for 24 months.

(Ord. 933-C.S., passed 7-19-22)

COMMERCIAL CANNABIS LICENSES

This subchapter describes the process to obtain a commercial cannabis license.

(Ord. 933-C.S., passed 7-19-22)

(A) License required.

(1) A commercial cannabis license, approved by the city, is required to operate a commercial cannabis use in Eureka.

(2) If a cannabis facility combines two or more cannabis land use categories listed in Table 158-1, each land use category requires a separate city-approved commercial cannabis license.

(3) If a cannabis facility combines two more types of cannabis activities included in the definition of a general cannabis use, the facility requires only one city-approved commercial cannabis license for the general cannabis use.

(B) Review authority. Commercial cannabis license applications are acted on by the City Manager.

(C) License application. Applications for a commercial cannabis license must be made in writing on a form provided by the city. Applications must be submitted to the city along with all required fees, information, and materials.

(D) Application review. The city will review the application to determine if the proposed commercial cannabis use complies with this chapter. The city may request additional information from the applicant as needed to determine compliance.

(E) Criteria for approval. The City Manager must approve a commercial cannabis license upon finding that the commercial cannabis use meets all of the requirements of this chapter.

(F) Conditions of approval.

(1) The City Manager may attach conditions of approval to a commercial cannabis license to ensure compliance with this chapter and other applicable laws and regulations.

(2) The City Manager may modify conditions of approval to a commercial cannabis license as needed to address repeated police or fire calls for serve or other business-related complaints, such as odor.

(G) Annual renewal required. A commercial cannabis license must be renewed on an annual basis. If a license is not renewed within one year following the license effective date, the license will lapse and become void. (Ord. 933-C.S., passed 7-19-22)

(A) Violations. Any activity that conflicts with this chapter is unlawful, constitutes a public nuisance, and is subject to the remedies and penalties provided for in this section.

• (B) Enforcement authority.

(1) The City Manager has the primary responsibility to enforce this chapter, in partnership with the Enforcement Officer as provided in Municipal Code § 10.35 (Administrative Citations) et seq.

(2) The City Manager will coordinate enforcement of this chapter as needed with the Development Services Director, Police Chief, City Attorney, Building Official, Public Works Director, and/or any other city official(s) as appropriate.

• (C) Inspections, access, and entry.

• (1) Pre-approval inspections, access, and entry.

(a) An applicant requesting a commercial cannabis license must allow city staff to access the property subject to the application.

(b) An owner's or owner's authorized agent's signature on the application form authorizes city staff to enter the subject property to evaluate a proposed project.

• (2) Post-approval inspections, access, and entry.

(a) After a commercial cannabis license is approved, the licensee must allow city staff to access the property to determine continued compliance with the license and mitigation measures.

(b) A licensee must allow city staff to examine facility records to ensure compliance with the terms of the commercial cannabis license.

• (D) Remedies.

(1) Available actions. To correct and/or abate a violation of this chapter, the city may take any or all of the actions below. Actions taken will reflect the nature and severity of the violation, threats to the public health and safety, a licensee's history of violations, and other relevant factors as determined by the city.

(a) Notice of violation. The city may issue a Notice of Violation as provided in Municipal Code § 10.45 (Notice of Violation) that specifies a date by which the violation must be corrected.

(b) Administrative citation. The city may issue an Administrative Citation as provided in Municipal Code § 10.39

(Administrative Citations) which imposes an administrative fine for the violation.

(c) Suspend license. The city may suspend the cannabis license as provided in § 158.032(E) (License Suspension).

(d) Revoke license. The city may revoke the cannabis license as provided in § 158.032(F) (License Revocation).

(e) Withhold other permits. The city may deny or withhold additional permits and approvals for the property subject to the violation.

(f) Approve license with conditions. If the violation occurred prior to issuance of a commercial cannabis license, the city may approve the license subject to the condition that the violation be corrected.

(g) Stop work. With or without revoking a commercial cannabis license, the city may stop work, in whole or in part, on any building, structure, lot, or use.

(h) Termination of utility service. The city may terminate utility service or services to the building, structure, lot, or use.

(i) Criminal citations. The city may issue a criminal citation, or file a criminal complaint in-lieu of, subsequent to, or in conjunction with an administrative citation.

(j) Other remedies. The city may exercise any and all other remedies and enforcement powers granted by law.

(2) Remedies are cumulative. The remedies and enforcement powers established in this section are cumulative, and the city may exercise them in any order or combination and at any time.

• (E) License suspension.

(1) Grounds for suspension. The City Manager may suspend a commercial cannabis license for one or more of the reasons described in § 158.032(F)(1) (Grounds for Revocation).

(2) Notice. The city must provide written notice to the licensee of the license suspension. The city may suspend the license after failure to correct a violation by a date specified, or immediately, if circumstances warrant.

(3) Effect. Suspension of a commercial cannabis license means all commercial cannabis operations must immediately cease, and may not be resumed until the suspended license is re-instated.

(4) Corrected violations. Once all violations are corrected, the city may re-instate a suspended license without a hearing, and commercial cannabis operations may resume.

• (5) Administrative hearing.

• (a) If all violations are not corrected by the date specified in the written notice, an administrative hearing will be held in the same manner as license revocations. See § 158.032(F) (License Revocation).

• (b) At the hearing, the City Manager may continue the license suspension, re-instate the license, re-instate the license with modifications and/or conditions, or revoke the license.

• (F) License revocation.

(1) Grounds for revocation. The City Manager may revoke a commercial cannabis license for one or more of the following reasons:

• (a) The license was issued based on false or misleading information in the application.

• (b) The licensee has failed or refused to allow inspections for compliance.

• (c) One or more conditions of license or use permit approval have been violated, or have not been complied with, or fulfilled.

• (d) The licensee has violated a requirement in this chapter.

• (e) The licensee's state license has been revoked, terminated, or not renewed.

• (f) The licensee has violated the Eureka Municipal Code, any city regulation, or state law.

• (g) The licensee has failed to take appropriate action to evict or otherwise remove persons conducting commercial cannabis activities who do not maintain the necessary permits or licenses in good standing with the city or state.

• (h) The licensee has been convicted for possession or delivery of any form of illegal drugs.

• (i) The licensee has conducted the commercial cannabis facility in a manner that constitutes a public nuisance.

(2) Notice of proceedings. The city must provide written notice of the license revocation proceedings to the licensee and any person who previously requested notice. The notice will state the nature of the violation and the date and place of the administrative revocation hearing.

(3) Administrative hearing. Before any action is taken on a pending revocation, an administrative hearing must be conducted not less than 15 days and not more than 60 days from date of notice. The City Manager will serve as the hearing officer and the hearing must be conducted consistent with Municipal Code § 10.51 (Conduct of Hearings).

(4) Decision. Following the Administrative Hearing, the City Manager may revoke the license upon finding that one or more of the grounds for revocation in § 158.032(F)(1) (Grounds for Revocation) applies. Alternatively, the City Manager may:

• (a) Allow the permit holder additional time to correct the violation or non-compliance;

• (b) Modify the license conditions of approval; or

• (c) Determine that the violation has been corrected and end abatement proceedings.

• (5) Notice of decision. The City Manager will issue a written decision within five days of closing the administrative hearing. Written notice of the decision must be provided to the licensee and any other persons who previously requested notice.

(6) Appeals. The City Manager's decision may be appealed to the City Council in accordance with Municipal Code § 39.01 et seq. (Appeals).

(7) Effective date. If the City Manager's decision is not appealed, the decision is final and effective 30 days after the decision is made. For decisions appealed to the City Council, the decision is final when the City Council makes a final decision on the appeal.

(8) Effect of revocation.

(a) The revocation of a license has the effect of terminating the approval and denying the privileges granted by the license.

(b) The prior holder of a revoked license may not apply for a new license for the same or substantially similar use on the property or in any other location in the city within one year of the permit revocation.

(G) Effect of use permit expiration/revocation. If a Conditional Use Permit or Minor Use Permit required for a commercial business expires or is revoked, the commercial cannabis license for the business is automatically revoked without requiring further action by the city.

(Ord. 933-C.S., passed 7-19-22)