Hemet Municipal Code Art. XVI Commercial Cannabis Businesses

It is the purpose and intent of this article to implement the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider( s), and to provide access to same. It is also the purpose and intent of this article to provide access to adult-use cannabis for persons aged 21 and over as authorized by the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA" or "Proposition 64" approved by California voters in 2016), while imposing sensible regulations on the conduct of business and 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 article to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of Hemet and to enforce rules and regulations consistent with state law. It is the further purpose and intent of this article to require all commercial cannabis operators to obtain and renew annually a permit to operate within the City of Hemet. Nothing in this article is intended to authorize the possession, use, or provision of cannabis in a manner that violate state law. The provisions of this article 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 city, state, or other law.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the MAUCRSA, any subsequent state legislation and/or regulations regarding same, the City of Hemet is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial 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 Hemet to all commercial cannabis activity.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Except as specifically authorized in this article, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Business and Professions Code § 26090(e), of cannabis or cannabis product is expressly prohibited in the City of Hemet.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

It is the responsibility of the owners and operators of the commercial cannabis business to ensure that it is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. In the event of a conflict between applicable state and local laws and regulations, the more stringent provision shall control. Nothing in this article shall be construed as authorizing any actions that violate state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, including the MAUCRSA, and any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. Nothing in this article shall be construed as authorizing any actions that violate city or state law regarding the operation of a commercial cannabis business. It is the stated intent of this article to regulate commercial cannabis activity in the City of Hemet in compliance with all provisions of the MAUCRSA and any subsequent state legislation and implementing regulations.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

For purposes of this article, all definitions pertaining to cannabis regulation that appear in Business and Professions Code § 26001, as it may be amended from time to time, are hereby incorporated by reference. In addition, the following definitions apply:

(a) "Canopy" shall have the same meaning as that appearing in California Code of Regulations Title 3, § 8000(f).

(b) "Caregiver" or "primary caregiver" has the same meaning as that term is defined in California Health and Safety Code § 11362.7.

(c) "Distributor" shall have the same meaning as that appearing in Business and Professions Code § 26070.

(d) "Commercial cannabis business" means any business or operation which engages in medicinal or adult-use commercial cannabis activity.

(e) "Commercial cannabis business permit" means a regulatory permit issued by the City of Hemet pursuant to this article, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the city. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business' ongoing compliance with all of the requirements of this article and any regulations adopted by the city governing the commercial cannabis activity at issue.

(f) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer.

(g) "Limited-access area" means an area in which cannabis is stored or held and is only accessible to some licensee and authorized personnel.

(h) "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, oral ingestion or topical application.

(i) "Manufacturing site" means a location where a manufacturer manufactures cannabis products.

(j) "Microbusiness" shall have the same meaning as that contained in the Business and Professions Code § 26070(a)(3).

(k) "Non-volatile solvent" means any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this article, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.

(l) "Patient" or "qualified patient" shall have the same definition as California Health and Safety Code § 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 § 11362.22.

(m) "Person with an identification card" shall have the meaning given that term by California Health and Safety Code § 11362.7.

(n) "Processing" means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and nonmanufactured cannabis products.

(o) "Retailer" shall have the same meaning as the definition appearing in Business and Professions Code § 26070(a)(1).

(p) "State license" means a permit or 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 engage in commercial cannabis activity. A state license alone will not authorize the holder to operate a cannabis business, as state law also requires a permit or other authorization issued by a local jurisdiction.

(q) "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 California Health and Safety Code § 109925.

(r) "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 MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. Transport can only be performed by licensed distributors and does not include deliveries of cannabis or cannabis products.

(s) "Volatile solvent" means a solvent as defined by Health and Safety Code § 11362.3(b)(3) as of the effective date of this article and as subsequently amended.

(t) "Youth 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 ten 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. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

No person may engage in any commercial cannabis business or in any commercial cannabis activity within the City of Hemet including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person (1) has a valid commercial cannabis business permit from the City of Hemet; (2) has a valid State of California Seller's Permit; and (3) is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities, including the duty to obtain any required state licenses.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Any person who is an owner, manager, 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 or their designee with evidence of the completion of a criminal background check for all owners, managers, and employees in their employment including contract employees prior to working in the cannabis businesses.

(c) The criminal background checks completed by commercial cannabis business owners, managers, employees must at a minimum identify the following:

(1) Whether the individual applying for cannabis owner, manager or employee 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 cannabis owner, manager, employee 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 §§ 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or

(3) Whether the individual applying for cannabis owner, manager, or employee 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 subsection 18-506(c) shall be grounds for denial of cannabis owner, manager or employee. Employers who wish to hire an individual notwithstanding this rule shall appeal to the chief of police or their designee, who at their 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 city manager or their designee within 30 days for a final determination of the status of the permit.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Any person, including but not limited to 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, in which any of the following actions or notices have been issued for non-compliance, shall be prohibited from holding a commercial cannabis business permitor from employment with a commercial cannabis business permittee in the City of Hemet:

(1) The applicant has been denied a license or has had a license suspended or revoked by any city, county, city and county or any other state cannabis licensing authority;

(2) The applicant was notified that it was conducting commercial cannabis activity in violation of City of Hemet ordinances, codes and requirements, and failed to cure the violation in a timely manner;

(3) Evidence that the applicant is delinquent in payment of federal, state or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies; or

(4) As of June 1, 2021, applicant was conducting commercial cannabis activity in the City of Hemet in violation of local and state law.

(b) No person shall be issued a commercial cannabis business permit to operate who enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner, commercial broker or any third party, that is in violation of subsection 18-507(a) unless that property is leased at fair market value. Any such lease, sublease or agreement shall not contain terms or conditions requiring the cannabis permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the city. In addition, all leases, subleases, or other agreements must be based a monthly rate.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

The number of each type of commercial cannabis business that shall be permitted to operate in the city shall be established by resolution by the city council.

(a) Section 18-508 is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city under each category. Nothing in this article creates a mandate that the city must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements or further amendments to the application process or that the city council upon further deliberation determines that the issuance of any or all commercial cannabis business permits will impact the public safety, welfare or other policy concerns which may be detrimental in the issuance of these permits.

(b) At any time in the city council's discretion the city council may reassess the number of commercial cannabis business permits which are authorized for issuance.

(c) Notwithstanding the provisions of subsections (a) and (b) above, for retail cannabis businesses, the maximum number of such businesses authorized to do business in the city shall not exceed one business per 17,500 residents of the city.

(Ord. No. 1977, § 3(Exh. A), 5-11-21; Ord. No. 2033, § 2, 5-28-24)

(a) The city council may adopt by resolution the procedures governing the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permits, which shall include or require the city manager or their designee to provide detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to each set of review criteria ("review criteria"). The city manager or their designee shall be authorized to prepare the necessary forms, adopt any necessary rules to the application, regulations and processes, solicit applications, and conduct initial evaluations of the applicants.

(b) At the time of filing, each applicant shall pay an application fee established by resolution of the city council, to cover all costs incurred by the city in the application process.

(c) After the initial review, ranking, and scoring under the review criteria, the city manager or their designee will make a final determination in accordance with this section.

(d) The application procedure process shall include a component on community benefits. Any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the city's approval, if and when an operating permit is issued. Such terms and conditions shall be in addition to the requirements of this article. Community benefits shall include, but not be limited to: in-kind donations; sponsorship of community events; support, financial or otherwise, for special community events such as fairs, afterschool programs, youth centers, Boys and Girls Clubs, local schools whether public or private; school athletic programs; school clubs; community centers, senior centers and senior living facilities, and parks and recreation.

(e) The city's reservation of rights. The city reserves the right to reject any or all applications. Prior to permit issuance, the city may also modify, postpone, or cancel any application process, or the entire program under this article, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California state law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this article, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this article, an application risks being rejected for any of the following reasons:

(1) The application was received after the designated time and date of the deadline.

(2) The application did not contain the required elements, exhibits, or was not organized in the required format.

(3) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.

(f) The city reserves the right for the city manager to waive minor informalities or irregularities, which are merely a matter of form and not of substance, or immaterial defect in an application or variation of an application from the exact requirements of the process that can be corrected or waived without being prejudicial to other applicants. The city manager shall give the applicant an opportunity to cure any deficiency resulting from a minor informality or irregularity in an application or waive the deficiency.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) The applicants in each category of commercial cannabis business shall be evaluated utilizing the review criteria in order to make a final determination by the city manager or his/her designee as to which applicant will be issued a commercial cannabis permit.

(b) Once the proposed locations of the applicants' businesses have been determined upon an initial examination by the Planning staff, and zoning verification letters have been issued to the applicants, a public meeting shall be set in which concerns of residents and affected businesses alike may be brought before the city. The hearing shall be before the community development director or their designee.

(c) At least ten days prior to the public meeting, notice of the public meeting shall be sent to all property owners located within 500 feet of the proposed business locations of each applicant to be considered by the city manager.

(d) Applications shall be vetted by the city manager and a team of their choice consistent with subsection 18-509(c). At the conclusion of the vetting process, staff shall prepare a report making recommendations for approval by the city manager. The recommendations shall include a summary of the concerns voiced by the community at the public meeting.

(e) Official issuance of a commercial cannabis business permit, however, is conditioned upon the prevailing applicant obtaining all required land use approvals. After the awarding of the permit the city manager shall transmit the list of permittees to the planning division. Following the city manager's selection, the prevailing applicant(s) shall apply to the city's planning division to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall include compliance with all applicable provisions of CEQA. The city manager or their designee(s) shall formally issue the commercial cannabis business permit(s) once the community development director or their designee(s) affirms that all of the required land use approvals have been obtained.

(f) The city manager is authorized to make all decisions concerning the issuance of a commercial cannabis business permit. In making the decision, the city manager is authorized to impose additional conditions to the permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager shall be handled pursuant to Sections 18-515 through 18-518.

(g) Issuance of a commercial cannabis business permit does not create a land use entitlement. The commercial cannabis business permit shall only be for a term of 12 months and shall expire at the end of the 12-month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the state and local laws and regulations, including but not limited to the requirements of this article and of the permit, have been complied with, until a state license is available and obtained by the permitted operator as set forth in section 18-505.

(h) Notwithstanding anything in this article to the contrary, the city reserves the right to reject any or all applications if it determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a commercial cannabis business 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 article.

(i) If an application is denied resulting from a disqualification, a new application may not be filed for one year from the date of the denial. However, if a permit was not issued to an applicant as a result of not being selected in the initial process the applicant may apply again should the City open a future round of the application process.

(j) Each person granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business permit program created in this article prior to commencing business in the city.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Each commercial cannabis business permit issued pursuant to this article shall expire 12 months after the date of issuance which shall be defined as when the certificate of occupancy has been approved and thereafter on the renewal date. Commercial cannabis permits may be renewed as provided in section 18-512.

(b) Notwithstanding subsection (a) above, for each commercial cannabis business permit issued pursuant to this article for storefront retail operation, the commercial cannabis business permit shall be considered issued upon written notification by the city manager to the applicant. The permit shall automatically expire and not be renewed if the applicant has not yet obtained a certificate of occupancy and begun operations.

(Ord. No. 1977, § 3(Exh. A), 5-11-21; Ord. No. 2054, § 2, 1-28-25)

(a) An application for renewal of a commercial cannabis business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit.

(b) The renewal application shall contain all the information required for new applications.

(c) 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 article.

(d) An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists:

(1) The application is filed less than 60 days before its expiration.

(2) The commercial cannabis business permit is suspended or-revoked at the time of the application.

(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) If the city or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this article, of the city municipal code, or of the state rules and regulations, and the city or state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit.

(e) The city manager or his/her designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the city manager or his/her designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager or his/her designee(s) shall be handled pursuant to sections 18-515 through 18-518.

(f) If a renewal application is rejected, a person may file a new application pursuant to this article no sooner than one year from the date of the rejection.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Commercial cannabis business permittees may be fined, and any issued commercial cannabis business permit suspended or revoked for any violation of any provision of this article, other state or local laws and/or any rule, regulation and/or standard adopted pursuant to this article.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

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, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of Hemet. At the city manager's discretion, the cannabis business owner may re-apply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist, or that the underlying deficiency has otherwise been cured.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this article from a decision of the city manager or their designee(s), the appeal shall be conducted as prescribed in this article.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Within ten calendar days after the notice of service of a decision of the city manager or their designee(s) to revoke, suspend or deny an initial or renewed permit, or to add conditions to a permit, an applicant may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

(b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the city council from time to time.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) The city council, appointed hearing officer or body will hear appeals that address any deviation from the city's published application procedures that adversely affected the applicant by altering the outcome of the city's decision on the applicant's application.

(b) Any appeal based upon subsection 18-517(a) must be supported by evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature, or that is relevant to a question posed by the city on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Within ten calendar days after the notice of service of a decision of the city manager or their designee(s) to revoke, suspend or deny an initial or renewed permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reason why the decision was not proper. Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee, or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or permittee, or in which an applicant or permittee is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.

(b) The notice of appeal shall be in writing and signed by the person making the appeal ("appellant"), or their legal representative, and shall contain the following:

(1) Name, address, and telephone number of the appellant.

(2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.

(3) Include a true and correct copy of the notice issued by the city manager for which the appellant is appealing.

(4) 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 or body, to understand the nature of the controversy, the basis of the appeal, and the relief requested. For an initial permit appeal, the appeal shall state with specificity the derivation from the city's published application procedures that adversely affected the applicant by altering the outcome of the city's decision on the applicant's application.

(5) All documents or other evidence pertinent to the appeal that the appellant requests the city council, hearing officer or body to consider at the hearing.

(6) An appeal fee, as established by resolution of the city council.

(c) Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the city manager. In this event, city manager's notice of revocation, nonrenewal, suspension and/or other action is final and binding.

(d) In the event a written notice of appeal is timely filed, the nonrenewal, suspension, revocation, or other action shall not become effective until a final decision has been rendered and issued by the city council or appointed hearing officer or body. Notices of appeal not served in a timely manner or served by non-operational businesses shall not serve to allow such businesses to operate pending appeal.

(e) If no appeal is timely filed in the event of a decision of nonrenewal, the commercial cannabis business permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.

(f) Review by city council, or appointed hearing officer or body; appeal hearing and proceedings.

(1) All appellants shall, subject to filing a timely written notice of appeal, obtain review thereof before the city council, or appointed hearing officer or body.

(2) Upon receipt by the city clerk of a timely-filed appeal, the city clerk shall forward such appeal to each member of the city council. Any member of the city council may within ten days of such notification then request that the city clerk place the matter on the next regularly scheduled city council meeting the question of whether the city council shall sit as the appeals board. In the event that the city council does not affirmatively choose to hear such appeal or does not act to appoint a hearing officer or another body to serve to head such appeal, the city clerk shall immediately obtain the services of a hearing officer from the California Office of Administrative Hearings.

(3) The administrative appeal shall be scheduled no later than 45 days, and no sooner than 30 days, after receipt of a timely filed notice of appeal if such appeal is to be heard by the city council or other city-appointed body. If the office of administrative hearings is utilized for such hearing, then the hearing shall be scheduled as expeditiously as possible pursuant to the availability of a hearing officer. 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 days before the date of the hearing ("notice of appeal hearing").

(4) 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 appointed hearing officer or body, may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than 30 calendar days, unless there is a stipulation by all parties to do so.

(g) At the date, time and location set forth in the notice of appeal hearing, the city council, or an appointed hearing officer or body, shall hear and consider the testimony of the appellant(s), city staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.

(h) The following rules shall apply at the appeal hearing:

(1) 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.

(2) The city bears the burden of proof to establish the grounds for denial, nonrenewal, suspension or revocation by a preponderance of evidence.

(3) The issuance of the city manager's notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation, and city personnel who significantly took part in the investigation, which contributed to the city manager issuing a notice of decision, may be required to participate in the appeal hearing.

(4) The city council, or the appointed hearing officer or body, may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The city council, or appointed hearing officer or body, shall determine whether a particular fact or facts amount to a good cause on a case-by-case basis.

(5) The appellant may bring a language interpreter to the hearing at their sole expense.

(6) The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the city that said recording take place, the city may require that the costs of same be deposited with the city at the time the notice of appeal and appeal fee are submitted to the city.

(i) If the appellant, or their legal representative, fails to appear at the appeal hearing, the city council, or the appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the city manager's notice of decision is final and binding.

(j) Decision of the city council, or appointed hearing officer or body; final decision.

(1) Following the conclusion of the appeal hearing, the city council, or appointed hearing officer or body, shall determine if any ground exists for the non-issuance, nonrenewal, suspension or revocation of a commercial cannabis business permit or other action. If the city council, or 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 appointed hearing officer or body, determines that one or more of the reasons or grounds enumerated in the notice of decision exists, a written final decision shall be issued within ten business days, which shall at minimum contain the following:

a. A finding and description of each reason or grounds for non-issuance non-renewal, suspension, revocation, or other action that exists.

b. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

c. A holding that the city manager's decision is affirmed or modified.

(2) The decision of the city council, or appointed hearing officer or body, is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure § 1094.6.

(k) A copy of the final decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the commercial cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the city pursuant to this article.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Any time the retail, cultivation, testing, manufacturing, transportation and distribution location specified in the regulatory permit is changed, the applicant shall re-register with the city manager or his/her designee(s). The process and the fees for re-registration shall be the same as the process and fees set forth for registration in section 18-520. Transfer of location shall be considered a substantive change pursuant to those sections requiring city council approval.

(b) Within 15 calendar days of any other change in the information provided in the registration form or any change in status of compliance with the provisions of this article, including any change in the commercial cannabis business ownership or management members, the applicant shall file an updated registration form with the city manager or his/her designee(s) for review along with a registration amendment fee, as set forth in section 18-520.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the city manager or their designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager or their designee in accordance with all provisions of this article (as though the transferee were applying for an original cannabis business permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the city council (or if not set, shall be the same amount as the application fee).

(b) The city manager or their designee shall conduct a hearing to determine whether the transferee passed the background check required for permittees and meets all other requirements of this article pertaining to the original application. The transferee's application will be treated as a new application and will be evaluated according to the procedures described in sections 18-509 and 18-510. This will require a complete evaluation of the application and an interview of the applicant prior to the hearing. Following the hearing, the city manager must approve the transfer in order for it to be authorized. If the transfer involves a lesser percentage of the change in ownership than the threshold cited below in subsection 18- 520(d), then the hearing will be administrative in nature and transfer will be subject to city manager approval as described in subsection 18-520(d) below.

(c) Commercial cannabis business permits issued through the grant of a transfer by the city manager or his/her designee shall be valid for a period of one year beginning on the day the city manager or their designee approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this article.

(d) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51 percent of the original ownership), must be approved by the city manager or his/her designee through the transfer process contained in subsection 18-520(a). Failure to comply with this provision is grounds for permit revocation.

(e) A permittee may change the form of business entity without applying to the city manager or their designee for a transfer of permit, provided that either:

(1) The membership of the new business entity is substantially similar to original permit holder business entity (at least 51 percent of the membership is identical), 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.

Although a transfer is not required in these two circumstances, the permit holder is required to notify the city manager in writing of the change within ten days of the change. Failure to comply with this provision is grounds for permit revocation.

(f) No commercial cannabis business permit may be transferred when the city manager or his/her designee has notified the permittee that the permit has been or may be suspended or revoked.

(g) Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.

(h) Notwithstanding any other provision of this article, no commercial cannabis business permit issued for storefront retail shall be eligible for transfer for three years after the initial issuance of the permit.

(Ord. No. 1977, § 3(Exh. A), 5-11-21; Ord. No. 2054, § 2, 1-28-25)

Prior to commencing operations, a commercial cannabis business shall obtain a City of Hemet business license.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the Hemet Fire Department approvals, health department approvals and other zoning and land use permit(s) and approvals.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Prior to commencing operations, a commercial cannabis business must obtain a certification from the community development director or their designee(s) certifying that the business is located on a site that meets all of the requirements of sections 18-524, 18-525 and 18-530 of this article.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

As a condition precedent to the city's issuance of a commercial cannabis business permit pursuant to this article, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this article and consents to the operation of the commercial cannabis business on the owner's property.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Cannabis businesses permitted to engage in cultivation, distribution, manufacturing, retail, and testing lab for cannabis and cannabis products are subject to the following zoning and locational requirements:

(a) Cultivation, distribution, manufacturing, microbusiness and testing labs must be zoned in the following: C-M (commercial manufacturing), M-1 (limited manufacturing), M-2 (general manufacturing), and must meet all of the requirements for development in these zones. The cannabis businesses must also meet all of the following distance requirements:

(1) It shall be no closer than 1,000 feet from any zoned parcel in the city designated by state law as a sensitive use, and pursuant to subsection (3) below. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in subsection (3) below to the closest property line of the lot on which the cannabis business is located.

(2) It shall be no closer than 1,000 feet of any residentially zoned parcel, or any non-residentially zoned parcel containing a legal non-conforming residential use, as of the date the cannabis business permit is issued. The distance between the cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the commercial cannabis permit.

(3) It shall be no closer than 1,000 feet from any parcel containing any of the following:

a. A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K—12);

b. A commercial daycare center licensed by the state, county or city or that is in existence at the time the license is issued, unless the state licensing authority or the city specifies a different radius; or

c. A youth center that is in existence at the time the license is issued, unless the state licensing authority or the city specifies a different radius.

(b) Retail businesses must be located in the C-2 (commercial general) zone of the city and must meet all of the requirements for development in these zones. The retail business must also:

(1) Be no closer than 600 feet from any other cannabis retail business; and

(2) Be no closer than 500 feet to any of the uses described in subsection (a)(3) above.

For the purposes of this subsection (b) distances shall be measured along the shortest path of travel between the entrance to the retail business and the structure containing the use described in subsections (b)(1) and (b)(2) above.

(c) Each proposed cannabis business project shall:

(1) Conform with the city's general plan, any applicable specific plans, master plans, and design requirements.

(2) Comply with all applicable zoning and related development standards, including but not limited to, parking.

(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and all items required for the development.

(5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection, and storm drainage facilities for the intended purpose.

(Ord. No. 1977, § 3(Exh. A), 5-11-21; Ord. No. 2033, § 2, 5-28-24; Ord. No. 2036, § 1, 7-9-24)

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

(a) Execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Hemet, and its officers, officials, employees, representatives, and agents, harmless, 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 business 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, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.

(b) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city manager.

(c) Reimburse the City of Hemet for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City of Hemet may be required to pay as a result of any legal challenge related to the city's approval of the applicant's commercial cannabis business permit, or related to the city's approval of a commercial cannabis activity. The City of Hemet 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.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(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 (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this article), or at any time upon reasonable request of the city, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the city a financial audit of the business's 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/her designee(s).

(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 or his/her designee(s) upon a reasonable request.

(c) Prior to state licensing, each commercial cannabis business shall maintain a record of all persons, patients, collectives and primary caregivers served by the commercial cannabis business, for a period of no less than four years. Once a state license is obtained, the commercial cannabis business must maintain such records only to the extent permitted or required by MAUCRSA.

(d) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA.

(e) Each commercial cannabis business shall allow the City of Hemet 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 24 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. 1977, § 3(Exh. A), 5-11-21)

(a) A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized 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(s), these security measures shall include, but shall not be limited to, all of the following:

(1) Alarm system (perimeter, fire, and panic buttons).

(2) Remote monitoring of alarm systems by licensed security professionals.

(3) Perimeter lighting systems (including motion sensors) for after- hours security.

(4) Perimeter security and lighting as approved by the chief of police and/or community development director or his/her designees.

(5) 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.

(6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

(7) Except for live growing plants which are being cultivated or sold at a commercial cannabis business where applicable, 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 or sold, shall be kept in a manner as to prevent diversion, theft, and loss.

(8) Installing 24-hour security surveillance cameras 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. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the chief of police or his/her designee(s), and that it is compatible with the city's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the chief of police or his/her designee(s). Video recordings shall be maintained for a minimum of 90 days and shall be made available to the chief of police or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Hemet Police Department by the commercial cannabis business, to facilitate remote monitoring of security cameras by the department or its designee.

(9) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.

(10) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to the Hemet Police Department dispatch and shall be configured to immediately alert dispatch for the Hemet Police Department.

(11) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.

(12) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.

(13) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the city manager or his/her designee(s) and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his/her designee(s), with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty if authorized by the chief of police.

(14) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall 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.

(15) 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.

(16) 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.

(19) Each commercial cannabis business shall demonstrate to the chief of police, city manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products, as soon as it is operational.

(20) Each commercial cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by underwriters laboratories.

(21) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.

(22) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.

(b) Each commercial cannabis business shall identify a designated security representative/liaison to the City of Hemet, who shall be reasonably available to meet with the city manager or his/her designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the city manager or his/her designee upon request that meets the following requirements:

(1) Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.

(2) Identifies all managers of the commercial cannabis business and their contact phone numbers.

(3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office.

(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.

(5) Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the commercial cannabis business, the parking lot, and any adjacent property under the business' control.

(6) Confirm that the licensed security personnel shall regularly monitor the parking lot and any adjacent property to ensure that these areas are: (a) free of individuals loitering or causing a disturbance; (b) are cleared of employees and their vehicles one-half hour after closing.

(c) As part of the application and permitting process each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.

(d) The commercial cannabis business shall cooperate with the city whenever the city manager or his/her designee(s) makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this article.

(e) A commercial cannabis business shall notify the city manager or his/her designee(s) within 24 hours after discovering any of the following:

(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager or his/her designee(s).

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

(3) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis business.

(4) Any other breach of security.

(f) Compliance with the foregoing requirements shall be verified by the city manager or his/her designee prior to commencing business operations. The city manager or his/her designee may supplement these security requirements once operations begin, subject to review by the city manager or his/her designee if requested by the business owner.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

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

(b) No person shall cause or permit the sale or tobacco products on or about the premises of the commercial cannabis business.

(c) No person shall consume tobacco or alcohol on the premises of any commercial cannabis business.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) 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. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.

(b) All commercial cannabis businesses authorized to operate under this article shall pay all sales, use, business 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 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 taxes or fees required to be paid during any period.

(c) Prior to operating in the city and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into an operational or community benefit agreement with the city setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this article, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the city. No person under the age of 21 shall operate, or be issued a permit for, a commercial cannabis business of any kind.

(b) Restriction on consumption. Cannabis and cannabis products shall not be consumed by any person on the premises of any commercial cannabis business.

(c) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business 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.

(d) Reporting and tracking of product and of gross sales. 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 or his/her designee(s) prior to being used by the permittee.

(e) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.

(f) Emergency contact. Each commercial cannabis business shall provide the city manager or his/her designee(s) with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

(g) 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 the City of Hemet ordinance, including, but not limited to, seeking the issuance of a city sign permit.

(2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.

(3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

(4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

(5) Signage shall not depict any image of cannabis or cannabis products. All temporary signs must comply with the city's sign code.

(6) In accordance with state law and regulations or as stipulated in the City of Hemet regulatory permit, holders of a commercial cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the City of Hemet utilizing a billboard (fixed or mobile), bus shelter or bench, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

(h) Minors.

(1) Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this article for any person to employ any person at a commercial cannabis business who is not at least 21 years of age.

(2) Notwithstanding subsection 18-530(h)(2), persons aged 18 to 20 years shall be allowed on the premises of a commercial cannabis business if they can produce a physician's recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician's recommendation.

(3) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the commercial cannabis business.

(i) Odor control. 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 community development director or his/her designee(s) determine 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.

(j) Display of permit and city business license. The original copy of the commercial cannabis business permit issued by the city pursuant to this article and the city issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public.

(k) Background check. Pursuant to California Penal Code §§ 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for cannabis 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 chief of police or his/her designee( s) for a background check by the City of Hemet Police Department. No person shall be issued a permit to operate a commercial cannabis business or be authorized to work in a cannabis business unless they have first cleared the background check, as determined by the chief of police or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Hemet to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code § 26057(b)(4), absent a certificate of rehabilitation, shall be grounds for immediate disqualification of the applicant.

(l) Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises. The cannabis business shall notify the Hemet Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.

(m) Permits and other approvals. Prior to the establishment of any commercial cannabis business or the operation of any such business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.

(n) Each commercial cannabis operator shall establish minimum training standards for all employees. The city manager or his/her designee shall have the discretion to require other training for the business operations should the city identify deficiencies or non-compliance issues with city or state requirements.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

The city manager or their designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare in the manner described in section 18-542 of this article.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) No more than the number of cannabis retailers adopted by resolution may operate within the City of Hemet at any one time and shall be issued a permit by the City of Hemet.

(b) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code § 11362.71 identification card (medical marijuana card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician's recommendation.

(c) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician's recommendation, or a cannabis card issued pursuant to Health and Safety Code § 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor's recommendation or cannabis card must also be shown at the point of sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.

(d) A retailer shall hire or contract for uniformed security personnel who are at least 21 years of age to provide security services for the retail premises. All security personnel hired or contracted for by the permittee shall be licensed by the Bureau of Security and Investigative Services and shall comply with the Business and Professions Code Articles 11.4 and 11.5 of Division 3. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by the chief of police.

(e) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

(f) All restroom facilities shall remain locked and under the control of management.

(g) Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this division.

(h) The sale and delivery of cannabis and cannabis products shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.

(i) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.

(j) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.

(k) All cannabis goods sold by a retail business shall be contained in child- resistant packaging.

(l) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.

(m) A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the city manager, chief of police or their designees upon request.

(n) Operating hours for the retail premises shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

(o) Store front/retail security requirements. All provisions incorporated within section 18-528 of this article (security measures), are directly applicable to and binding on all commercial cannabis businesses, including all store front/retail businesses.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Non-store front retailer (delivery) permit owners and operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least 18 years of age, and verify that the customer has a valid doctor's recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of adult-use customers, they must verify that the customer is at least 21 years of age. Sales shall only be made to persons matching this criteria.

(b) All store front retailers, non-store front retailers (delivery) and microbusinesses which conduct deliveries into or within the City of Hemet shall be required to obtain a permit from the City of Hemet in order to conduct retail sales regardless if they are located in the city or another local jurisdiction.

(c) Operating hours of the non-store front retailer permit or out of town retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Prior to commencing delivery operations, a permittee shall provide the following information to the city:

(a) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.

(b) 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 and cannabis products.

(c) Proof of insurance as required in subsection 18-526(b) for any and all vehicles being used to deliver cannabis goods.

(d) The permittee shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis or cannabis products prior to using the vehicle to deliver cannabis or cannabis products.

(e) The permittee shall provide the city with any changes to the information required by this section in writing within 30 calendar days.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Microbusinesses with cultivation and other cultivation operations d must comply with the local operating requirements and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness or cultivation license type.

(a) Microbusinesses with cultivation and other cultivation operations must comply with the local operating requirements and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness or cultivation license type.

(b) Outdoor and mixed-light commercial cultivation is prohibited.

(c) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

(d) Commercial cannabis cultivation in a microbusiness shall not exceed 10,000 square feet of canopy space.

(e) Any other cultivation license permitted in this title and by state law shall meet all the required standards in this section which may be amended from time to time by the city council or by state law.

(f) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

(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, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

(i) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business:

(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or 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. 1977, § 3(Exh. A), 5-11-21)

(a) A distributor shall not store non-cannabis goods or non-cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non-cannabis goods or non-cannabis accessories at a licensed premise. For the purposes of this section, non-cannabis goods are any goods that do not meet the definition of cannabis goods as defined in the California Code of Regulations Title 16, § 5000(f).

(b) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor's licensed premises to select a representative sample for laboratory testing.

(c) A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor's premises.

(d) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.

(e) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded, and the recording kept available to state and local authorities for a minimum of 90 days, pursuant to the California Code of Regulations Title 16, § 5305.

(f) A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to the California Code of Regulations §§ 5705, 5710 and 5714 of Title 16.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Testing laboratories shall be required to conduct all testing in a manner pursuant to Business and Professions Code § 26100 and shall be subject to state and local law. Each testing lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this article and any subsequent State of California legislation or regulations regarding the same.

(b) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.

(c) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation or other such accreditation as may be required by the Bureau of Cannabis Control.

(d) Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Bureau of Cannabis Control unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau of Cannabis Control.

(e) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor's premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.

(f) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.

(g) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient's valid physician's recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Cannabis manufacturing shall only be permitted pursuant to section 18-502 of this article and may be permitted to operate only within those zone districts as defined in section 18-525 of this article.

(b) Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Hemet in containers that exceeds the amount which is approved by the Hemet Fire Department and authorized by the regulatory permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the Hemet Fire Department on the property at any time.

(c) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol and other methods without employing solvents or gases to create kief, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

(d) If an extraction process uses a professional grade closed loop CO 2 gas extraction system, every vessel must be certified by the manufacturer for its safe use as referenced in subsection 18-539(f). The CO 2 must be of at least 99 percent purity.

(e) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

(f) Certification from an engineer licensed by the State of California, or by a certified industrial hygienist, must be provided to the planning division for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:

(1) The American Society of Mechanical Engineers (ASME);

(2) American National Standards Institute (ANSI);

(3) Underwriters laboratories (UL); or

(4) The American Society for Testing and Materials (ASTM).

(g) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.

(h) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.

(i) 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.

(j) 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.

(k) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.

(l) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Prior to commencing operations, a cannabis out-of-city delivery service shall comply with the following requirements:

(a) 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.

(b) 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.

(c) The retail business operating the delivery service shall furnish to the city manager or his/her designee the year, make, model, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis and cannabis products.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products inside the City of Hemet 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 from time to in order to enforce this article.

(c) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this article.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) In addition to any regulations adopted by the city council, the city manager or his/her designee, in a form approved by the city attorney, is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the city's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this article.

(b) Regulations shall be published on the city's website.

(c) Regulations 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 or his/her designee.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations representative to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within 250 feet of the commercial cannabis business.

(b) During the first year of operation pursuant to this article, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this article shall attend meetings with the city manager or his/her designee(s), and other interested parties as deemed appropriate by the city manager or his/her designee(s), to discuss costs, benefits, and other community issues arising as a result of implementation of this article. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the city manager or his/her designee(s) when and as requested by the city manager or his/her designee(s).

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

The amount of any fee, cost or charge imposed pursuant to this Article shall be deemed a debt to the City of Hemet that is recoverable via an authorized administrative process as set forth in the city ordinance, or in any court of competent jurisdiction.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

The person to whom a permit is issued pursuant to this article ("permittee") shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Hemet, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permittee's presence.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) The city manager, or his/her designee(s) charged with enforcing the provisions of the City of Hemet Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, 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 article 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 article 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 article or under state or local law.

(c) The city manager, or his/her designee(s) charged with enforcing the provisions of this article may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of Hemet shall be logged, recorded, and maintained in accordance with established procedures by the city manager or these regulations.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

(b) Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Hemet.

(c) As a nuisance per se, any violation of this article shall be subject to injunctive relief, any permit issued pursuant to this article may be deemed null and void, recovery of costs of abatement, recovery of costs of investigation, and any other relief or remedy available at law or in equity.

(d) Any monies unlawfully obtained as a result of violation of this article shall be disgorged and paid to the city.

(e) When there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his/her designee(s), may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city, pending a hearing before the city manager, or his/her designee(s).

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be subject to administrative citation and to a fine subject to the provisions of Article 11 of Chapter 1 of this Code.

(b) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be subject to administrative civil penalty not to exceed $1,000.00.

(c) The city attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

(a) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

(b) The city attorney, in his or her sound discretion, may prosecute a violation of this article as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this article shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this article within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(c) Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)

The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this article may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. No. 1977, § 3(Exh. A), 5-11-21)