Gustine Municipal Code Ch. 8 Cannabis Business Permitting

Footnotes:

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Editor's note— Ord. No. 497, § 1(Exh. A), adopted Sept. 17, 2019, repealed ch. 8, §§ 5-8-1—5-8-3, and enacted a new ch. 8, §§ 5-8-1—5-8-25, as set out herein. Formerly, ch. 8, pertained to marijuana businesses and derived from Ord. No. 462, § 1(Exh. A), adopted Oct. 2, 2012; Ord. No. 471, § 1, adopted Feb. 2, 2016; and Ord. No. 476, § 3(Exh. B), adopted Nov. 21, 2017.

It is the purpose and intent of the city council to regulate cannabis businesses consistent with state law and to protect the health, safety, and welfare of the residents of the city. The regulations in this chapter do not interfere with a qualified patient's right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under state law. Cannabis businesses shall comply with all provisions of the Gustine Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis businesses. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law, nor to authorize the operation of a legal business in an illegal manner.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:

Cannabis shall have the same meaning as "Cannabis" as defined in California Business & Professions Code § 26001, as may be amended. Accordingly, "Cannabis" shall also mean and include products derived, manufactured, mixed or prepared from cannabis. For purposes of this chapter, "Cannabis" means and includes both Cannabis for medical purposes and non-medical, "adult-use" purposes, unless otherwise specified.

Cannabis business means a business activity including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building structure, or location, expressly including dispensaries and deliveries, and shall expressly include all those commercial cannabis activities authorized and/or licensed by state law.

City manager means the city manager and his or her designee.

Conditional use permit means any conditional use permit issued by the city pursuant to the Zoning and Subdivision Code related to the operation of a commercial cannabis business in the city.

Interested parties means any of the following:

(1) Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of 20 percent or more in the commercial cannabis business;

(2) Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least 20 percent of the cannabis business or that is one of the partners in the cannabis business;

(3) The manager(s) of the cannabis business.

Juvenile means any natural person who is under the age of 21 years.

Manager means a person with responsibility for the establishment, registration, supervision, or oversight of the operation of a cannabis business, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or supervisor of the cannabis business.

Medical cannabis means cannabis used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code § 11362.5 et seq.) and the Medical Cannabis Program Act (California Health and Safety Code §§ 11362.7 et seq.), as they may be amended from time to time.

Physician means a licensed medical doctor as defined in California Business and Professions Code § 4039.

Police chief shall mean the City of Gustine Chief of Police and his or her designee.

Primary caregiver shall have the same definition as set forth in California Health and Safety Code § 11362.7, as may be amended.

Private medical records means records related to the medical history of a qualified patient and includes the recommendation of a physician for the medical use of medical cannabis and the designation of a primary caregiver by a qualified patient.

Qualified patient shall have the same definition as set forth in California Health and Safety Code § 11362.7, as may be amended.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) No person shall operate a cannabis business in the city without first obtaining a valid cannabis business permit issued pursuant to this chapter, in addition to all other applicable state and local licenses or permits required to operate a cannabis business in the city.

(b) If any applicable state or local license or permit required for a cannabis business's operation is denied, suspended, modified, revoked, or expired, the cannabis business shall notify the city manager in writing within ten days.

(c) In addition to any fees established and imposed pursuant to this chapter, all cannabis businesses are required to pay all applicable taxes, including any applicable business license tax imposed by the Gustine Municipal Code.

(d) A cannabis business shall not transfer cannabis or cannabis products to or from another cannabis business, unless both businesses are in possession of all required state and local licenses and permits.

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

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) The police chief may enter and inspect the site of a cannabis business at any reasonable time to ensure compliance and enforcement of the provisions of this chapter.

(b) No person shall refuse, impede, obstruct, or interfere with a lawful inspection performed pursuant to this chapter.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

The cannabis business permit program fee is hereby established and imposed. The city council may establish by resolution the amount of the cannabis business permit program fee applicable to each respective cannabis business permitted by this chapter, and any related penalties.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) A person may apply for a cannabis business permit, or a permit renewal, by filing an application with the economic development department. The application shall be on a form approved by the city manager and may require any information or documentation consistent with the provisions of this Code and state law, including the following:

(1) Applicant.

a. A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, statement of information, articles of association, and/or fictitious business name statement.

b. The phone number and address to which notice of action on the application and correspondence is to be mailed.

(2) Interested parties.

a. The name, address, telephone number, title, and function of each of the interested parties in the cannabis business.

b. No person convicted of a felony shall be hired.

c. For each of the interested parties identified pursuant to subsection (2)a.:

1. A legible copy of one valid government-issued form of photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.

2. A list of his or her felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.

3. Consent to fingerprinting and a criminal background investigation.

(3) Cannabis business site.

a. Description. A general description of the proposed cannabis business site, including the street address, parcel number, total square footage of the site, and the characteristics of the surrounding area.

b. Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and cultivation, manufacturing, distribution and retail areas, as applicable. The floor plan must be professionally prepared by a licensed civil engineer or architect.

c. Site plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan must be professionally prepared by a licensed civil engineer or architect.

d. Compliance with the Zoning Code. A copy of a valid conditional use permit approved by the city for the proposed location, as may be applicable.

e. Statement of owner's consent. Written consent of the owner or landlord of the proposed site to operate a cannabis business, specifying the street address and parcel number.

(4) Security.

a. Security plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the business site. The security plan must be prepared by a qualified professional.

b. Lighting plan. A lighting plan showing existing and proposed exterior and interior lights that will provide adequate security lighting for the use.

(5) Odor control and waste plan.

a. A detailed ventilation plan describing the air treatment system, or other methods that will be implemented to prevent offensive odors generated from the site from being detected outside the buildings.

b. A description of the process or procedures to be used in disposal of cannabis and/or hazardous waste generated at the site.

(6) Business operations.

a. Business plan. A plan describing how the cannabis business will operate in accordance with this Code, state law, and other applicable regulations. The business plan must include proposed plans for hours of operation, handling cash, and transporting cannabis and cannabis products to and from the business site, as may be applicable.

b. Community relations plan. A plan describing who is designated as responsible for outreach and communication with the surrounding community and businesses, and how the designee can be contacted. The community relations plan must include a description of the community benefits the business will provide, or proposes to provide, to the surrounding community.

c. State licenses. Copies of the applicant's state licenses relating to cannabis, as required by state law. If the applicant applies for a cannabis business permit prior to the state issuing the appropriate licenses, the applicant shall specify which state license(s) will be obtained.

d. Tax compliance. A current copy of the applicant's city business license tax certificate and state sales tax seller's permit, as may be applicable.

e. Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis manufacturing business, as determined appropriate by the city manager.

(7) City authorization. Authorization and consent for the city manager to seek verification of the information contained within the application.

(8) Applicant's certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision.

(9) Operating agreement and indemnification. The city and applicant shall enter into an operating agreement, in a form approved by the city manager and city attorney, whereby the applicant:

a. Releases the city, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of this chapter or any provision of the Zoning Code relating to the cannabis business, and (ii) any arrest or prosecution of the applicant or its managers, employees, or members for violation of state or federal laws; and

b. Defends, indemnifies, and holds harmless the city and its agents, officers, elected officials, and employees from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from operations at the site, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the delivery or distribution of cannabis or cannabis products at the business site.

c. Agrees to abide by the requirements of this Code and any other operating terms and conditions as mutually agreed by the parties to ensure that the community benefits derived from the proposed cannabis business adequately address potential adverse impacts.

(b) Every application for a cannabis business permit shall be accompanied by a nonrefundable cannabis business permit program fee.

(c) No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a cannabis business permit.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

The economic development department, in consultation with the city manager and police chief, is authorized to establish procedures and guidelines to process cannabis business permit applications pursuant to this chapter.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) The economic development department, in consultation with the city manager and police chief, may deny a cannabis business permit if it is determined that one or more of the following circumstances exist:

(1) The application received is incomplete, filed late, or not responsive to the requirements of this chapter;

(2) The application contains a false or misleading statement or omission of a material fact;

(3) The operation of the business site described in the application fails to comply with any of the requirements in this Code, state law, or any other regulation;

(4) Within 12 months of the date of application, either the applicant has had a state or local cannabis-related land use or business permit revoked; or any of its managers were associated with a cannabis business that had its cannabis-related permit(s) revoked; or

(5) Operation of the proposed cannabis business site, as represented in the application, is a threat to the public health, safety, or welfare.

(b) The denial of a cannabis business permit is subject to and shall comply with the appeal procedures set forth in this chapter.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) A cannabis business permit issued pursuant to this article is valid for one year from the date that the permit is issued, unless suspended or revoked sooner.

(b) A cannabis business permit is only valid for the operator of the cannabis business(es) identified on the cannabis business permit for that particular cannabis business site. In the event of multiple operators located on a single cannabis business site, each operator shall obtain and maintain a separate cannabis business permit to operate the operator's cannabis business(es).

(c) A cannabis business permittee shall not allow cannabis or cannabis products on the business site to be visible from the public right-of-way, the unsecured areas surrounding the building(s) on the site, or the site's main entrance and lobby.

(d) The permittee shall notify the city manager of any change in the information provided on the application to obtain the cannabis business permit within 30 days of the change.

(e) Conditions placed on the conditional use permit issued under the Zoning Code are also conditions of the cannabis business permit. Any violation of the conditions of the conditional use permit is grounds for suspending or revoking the cannabis business permit.

(f) The city may impose additional conditions on the cannabis business permit, including the maximum amount of cannabis and cannabis products allowed on the site, number and types of equipment allowed, security features, and applicable hours of operation, as determined necessary and appropriate for the business site and operations.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) A permittee may apply for a cannabis business permit renewal by submitting to the economic development department at least 30 calendar days before the expiration of the permit, a renewal application and a non-refundable renewal fee in an amount set by resolution of the city council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required.

(b) If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.

(c) The renewal request shall be approved or denied within 30 calendar days of receipt of the renewal application. The city manager may extend the time for consideration of the application for up to an additional 30 calendar days upon written notice to the applicant.

(d) The renewal shall be granted if the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in this chapter. The renewal may be denied if the permittee or any interested parties of the cannabis business have committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding permit term.

(e) Notwithstanding an approval for a permit renewal, the city manager, in consultation with the police chief, may add, delete or modify the permit conditions using the criteria set forth in section 5-8-07.

(f) A permit renewed pursuant to this section may be extended for additional two-year terms.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

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

(a) One or more of the circumstances upon which a cannabis business permit could be denied, as described in section 5-8-06, exists or has occurred;

(b) One or more conditions of the cannabis business permit has been violated; or

(c) The permittee, its managers or interested parties have violated any provision of this chapter.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) Any applicant or permittee aggrieved by a decision of the economic development department in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the procedures set forth in this section.

(b) Any applicant or permittee who desires to appeal a decision of the economic development department, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:

(1) A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;

(2) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;

(3) The signatures of all parties named as appellants and their official mailing addresses; and

(4) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

(c) Upon receipt of a timely filed appeal, the city shall hire or appoint a hearing officer. The appeal shall be set for hearing no less than 15 calendar days from receipt of the appeal.

(d) Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.

(e) Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.

(f) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

(g) In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct the cannabis business during the pendency of any appeal.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) At the time set for hearing, the hearing officer shall proceed to hear the testimony of relevant city staff, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.

(b) The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

(c) The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.

(d) In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.

(e) The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

(f) Each party shall have the right to rebut the evidence presented against the party.

(g) If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the decision to deny, suspend, modify, or revoke the permit. The decision of the hearing officer shall be final, shall be in writing and shall contain findings of fact and a determination of the issues presented.

(h) The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure § 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

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

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

A cannabis business site shall comply with the following requirements:

(a) Entrances. All entrances into the buildings on the business site shall be secured at all times with entry controlled by the cannabis business permittee's managers and staff.

(b) Main entrance and lobby. The business site shall have a building with a main entrance that is clearly visible from the public street, sidewalk or parking lot. Inside of the main entrance, there shall be a lobby or other receiving area satisfactory to the police chief to receive persons into the site and to verify whether they are allowed in the retail customer areas, if applicable, or the cultivation, manufacturing, distribution and/or product storage areas.

(c) All cultivation, manufacturing, distribution and/or retail storage areas in any building on the business site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis business permittee.

(d) Transport area. Each building shall have an area designed for the secure transfer of cannabis from a vehicle to the secured business area(s), as applicable.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

A cannabis business site shall comply with the following security requirements:

(a) A cannabis business permittee shall comply with the security plan that is approved by the police chief, which plan may include building specifications, lighting, alarms, and state-licensed security personnel.

(b) Each security plan approved by the police chief must include the following:

(1) Security surveillance cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the manufacturing site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

(2) Security video recording and retention. Video from the security surveillance cameras must be recording at all times (24 hours a day, seven days a week) and the recording shall be maintained for at least 30 days. The video recordings shall be made available to the city upon request.

(3) Alarm system. Professionally and centrally-monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition.

(4) A permittee shall report to the city police department all criminal activity occurring on the business site.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

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

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) No cannabis business permittee shall open his or her cannabis business site to the general public, unless the business is permitted to engage in onsite sales of cannabis. Cannabis retailers authorized to conduct onsite sales of cannabis shall verify valid proof of identification of retail customers to confirm valid age for purchase of cannabis, consistent with state law.

(b) A manager must be on the cannabis business site at all times that any other person, except for security guards, is on the site.

(c) Any person other than managers or staff who are on the cannabis business site must sign in and wear a visitor badge. If visitors will be accessing restricted areas of the site, such as persons with a bona fide business or regulatory purpose for being at the site, they must be escorted on the site by a manager at all times.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) No juvenile shall be on the cannabis business site or operate a cannabis business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

(1) Exception: For a retail cannabis business authorized to sell medical cannabis, medical cannabis patients who are at least 18 years old and possess a valid physician's recommendation in accordance with the Compassionate Use Act of 1996 are authorized to enter the retail customer areas for purchase of medical cannabis. Medical cannabis patients under the age of 18 shall be accompanied by a parent, legal guardian or primary caregiver.

(b) No permittee shall allow any violation of subsection (a).

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

No person, including managers, employees and visitors, shall smoke, ingest, or otherwise consume cannabis in any form on or within the cannabis business site.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

No person shall possess, consume, or store any alcoholic beverage on the cannabis business site.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) A cannabis business shall maintain the following records in printed or printable format for at least three years on the business site and shall produce them to the city within 24 hours after receipt of the city's request:

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

(2) The name, date of birth, address, and telephone number of each manager and staff of the cannabis business; the date each was hired; and the nature of each manager's and staff's participation in the cannabis business.

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

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

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

(6) An inventory record documenting the dates and amounts of cannabis and cannabis products received at the business site, the daily amounts of cannabis and cannabis products stored on the site, and the daily amounts of cannabis and cannabis products transported from the site.

(b) A cannabis business shall report any loss, damage, or destruction of these records to the city manager within 24 hours of the loss, damage, or destruction.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) The cannabis business permittee shall prevent and eliminate conditions on the cannabis business site that constitute a nuisance.

(b) The permittee shall properly store and dispose of all waste generated on the cannabis business site, including chemical and organic waste, in accordance with all applicable laws and regulations.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) For purposes of this section, "cannabis delivery service" means a cannabis business, whether located within or outside of the city, that delivers cannabis or cannabis products to a physical location in the city as part of a retail sale.

(b) No person shall perform a cannabis delivery service in the city without first obtaining a valid business license issued by the city pursuant to title 5 chapter 2 of the Gustine Municipal Code.

(c) Deliveries of cannabis and cannabis products within the city shall comply with the following requirements:

(1) The cannabis delivery service shall be conducted by employees of a properly licensed and permitted retail cannabis business who are at least 21 years old. The retail cannabis business shall not use the services of an independent contractor or courier service to deliver cannabis for retail sale.

(2) Cannabis may only be delivered in-person to the customer that made the delivery request, and shall not be left unattended or delivered to any other person. The delivery-employee shall verify the customer's age, identity, delivery request, and, if applicable, valid physician's recommendation prior to completing the delivery.

(3) Cannabis may not be delivered to an address located on publicly-owned land or any address on land or in a building leased by a public agency.

(4) All deliveries shall be conducted in an enclosed motor vehicle or other acceptable delivery method in compliance with state law, operated by the delivery employee or another delivery employee of the retail cannabis business.

(5) Cannabis and cannabis products shall not be left unattended in a vehicle, except for brief periods as necessary to deliver cannabis to a customer. If cannabis and cannabis products are left unattended in a vehicle, the vehicle must remain locked and must be equipped with an active vehicle alarm system.

(6) These regulations are intended to be the minimum requirements imposed by law, and shall not be construed to conflict with state law. Where state law provides more restrictive requirements for cannabis deliveries, state law controls.

(Ord. No. 497, § 1(Exh. A), 9-17-2019)

(a) Any person who violates the provisions of this chapter shall be subject to a fine of up to $1,000.00 for each day the violation continues.

(b) Violations of this chapter are hereby declared to be public nuisances. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to civil action and administrative penalties pursuant to chapter 2 of title 3 of this Code.

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

(Ord. No. 497, § 1(Exh. A), 9-17-2019)