Hesperia Municipal Code Ch. 5.50 Dispensing and Delivery of Medical Cannabis

A. Notwithstanding any other provision of this code, on and after December 1, 2024, the city shall no longer issue new permits for the establishment or operation of a delivery dispensary, except as authorized under section 5.50.040 of this code.

B. This chapter is not intended to interfere with a patient's right to obtain medical cannabis, as provided for in California Health and Safety Code Section 11362.5. This article is not intended to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. §§ 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

Unless otherwise provided herein, the definitions of all terms used within this chapter shall be as defined below and by Section 16.16.445, or as defined by Section 1.04.050 (with these definitions and Section 16.16.445 taking precedence over Section 1.04.050 in the event of conflict). Any ambiguity in the definitions used herein shall be resolved in favor of the City's understanding of the term.

"Delivery dispensary" means a dispensary, with a permanent fixed location within the city, limited to retail sales of medical cannabis, or medical cannabis products, occurring exclusively through delivery. All retail sales are prohibited at the physical location of the delivery dispensary.

"Employee" means any person (whether paid or unpaid) who provides regular labor or regular services for a delivery dispensary, including but not limited to at the location of a delivery dispensary.

"Live scan" means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the city council.

"Location" means a single building with an assigned address within the city, controlled, leased, or owned by the applicant, or a single suite controlled, leased or owned by the applicant at a single address within the city, or a combination of suites, at a single building with an assigned address within the city, adjacent to one another, controlled, leased or owned by the applicant, from which access is provided between the suites, without the need to exit the building.

"Manager" means an employee responsible for management and/or supervision of a delivery dispensary.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. of 2018-01, § 3(Exh. A), 3-20-18; Ord. No. 2019-19, § 3(Exh. A), 1-7-20)

It shall be unlawful to own, establish, operate, use, or permit the establishment or operation of a delivery dispensary, or to participate with a delivery dispensary as an employee, contractor, agent, volunteer, or in any manner or capacity, except as authorized under section 5.50.040 of this code. The general prohibition contained in this section shall include renting, leasing, or otherwise permitting a delivery dispensary to occupy or use a location, vehicle, or other mode of transportation.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

Any existing delivery dispensary with a valid permit and currently operating in good standing may continue operations on and after December 1, 2024 if all of the following conditions are met:

A. The delivery dispensary must submit a written appeal to the city manager for the continued operation of its business on and after December 1, 2024. The written appeal shall be submitted no later than fifteen (15) days from the effective date of the ordinance.

B. The written appeal must contain the reason(s) for seeking the continued operation of the delivery dispensary, and shall be accompanied by any documents, and information deemed necessary to adequately explain in detail the grounds for the appeal. Such documents and information shall include, but not be limited to, reasonable investment-backed expectations and other economic or financial information. The appeal must also contain a statement in writing by the appellant that he or she certifies under penalty of perjury that all the information contained in the appeal is true and correct.

C. Within forty-five (45) days, or as mutually agreed to by both parties, the city manager or designee shall conduct an administrative hearing to determine whether the delivery dispensary is authorized to continue its operations with a valid permit. Notice of the hearing shall be provided in writing at least thirty (30) days before the hearing.

D. During the hearing, the city manager or designee shall receive written and oral testimony regarding whether the delivery dispensary shall continue operations on and after December 1, 2024, including any additional information that was not provided to the City in the written appeal.

E. Within seven (7) days after the close of the hearing, the city manager or designee shall issue a written decision with findings, based on the weight of evidence presented, of whether the delivery dispensary shall continue operations on and after December 1, 2024. Said decision shall be binding and final, subject to judicial review under Section 1094.5 and 1094.6 of the Code of Civil Procedure.

F. Except as warranted under the circumstances and based upon factual findings, the continued operations of the delivery dispensary shall not exceed a maximum of five (5) years from the date of the written decision.

G. Conditions necessary for the continuing validity of any and all permits issued for the operation of a delivery dispensary include:

1. Strict adherence to each and every requirement of this chapter.

2. Allowing the director, or designee, and the police department to conduct reasonable inspections of the location of the delivery dispensary at the discretion of the city, including but not limited to inspection of security, inventory, and written records and files pertaining to the delivery dispensary, for the purposes of ensuring compliance with local and state law.

3. Maintaining with the city current and valid contact information of the owner(s) and manager(s) of the delivery dispensary.

4. Maintaining with the city current and valid contact information of a legal representative of the delivery dispensary.

5. Maintaining a valid State License of the type: M-Type 9 Non-Storefront Retailer.

6. Maintaining a valid city business license.

7. Maintaining a valid certificate of occupancy.

8. Providing the name, address, phone number, and copies of the driver's license or valid identification cards for each person listed on the business license and each person who is managing or responsible for the delivery dispensary's activities.

9. Providing evidence satisfactory to the director of compliance with all insurance requirements of this chapter.

10. Providing the name, address and current phone number of the owner and lessor of the real property upon which the delivery dispensary is to be conducted; and a notarized acknowledgement from the owner of the property that a delivery dispensary will be operated on his/her property.

11. Complying with the previously approved commercial cannabis delivery site plan, security and lighting plan, photometric plan, and any other approved plan.

Satisfactory evidence of the foregoing shall be provided upon each anniversary of the decision to continue operations of the delivery dispensary.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. of 2018-01, § 3(Exh. A), 3-20-18; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

A. The director may revoke a delivery dispensary permit if any of the following is found:

1. No person may hold a valid permit to operate a delivery dispensary within the city who has been determined (whether by operation of the Hesperia Municipal Code, or other controlling law) to be in violation, within fifteen (15) years prior to the operative date of this chapter, either administratively, criminally or otherwise, of a prohibition on operating a cannabis dispensary of any type within the city, and has not paid such fines and fees as a result of such violations.

2. Additionally, no person shall employ a person at a delivery dispensary within the city who has been determined (whether by operation of the Hesperia Municipal Code, or other controlling law), to be in violation within fifteen (15) years prior to the operative date of this chapter, either administratively, criminally, or otherwise, of a prohibition on operating a cannabis dispensary of any type within the city, and has not paid such fines and fees as a result of such violations.

3. The results of the live scan reveal a criminal conviction described in Business and Professions Code Section 26057 (4)(A-E), and as may be amended from time to time. Except as provided in subparagraphs (D) and (E) of paragraph (4) of Business and Professions Code Section 26057, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance, shall not be the sole ground for denial of a license.

4. Conviction for any controlled substance felony, as that term is used in Business and Professions Code Section 26057, subsequent to licensure shall be grounds for revocation of a license or denial of the renewal of a license.

5. Failure to obtain and maintain a valid seller's permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.

6. Failure to comply with any state or local law pertaining to commercial cannabis activity.

7. If it is found that the applicant is operating an unlicensed cannabis business and does not completely cease operations during the application process until such time that they are licensed by the City and State.

B. Cure Period. Prior to revocation of a delivery dispensary permit, the permittee shall be provided with a written notice which details the violation(s). The permittee shall have seven days to cure the violation to the satisfaction of the director. The seven day cure period may be extended by the director or the city council for reasonable cause.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. of 2018-01, § 3(Exh. A), 3-20-18; Ord. No. 2019-19, § 3(Exh. A), 1-7-20; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

Any decision regarding the revocation of, a delivery dispensary permit may be appealed to the city manager in accordance with section 5.50.040 of this chapter.

(Ord. of 2018-01, § 3(Exh. A), 3-20-18; Ord. No. 2019-19, § 3(Exh. A), 1-7-20; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

A. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued, and shall be subject to all remedies and enforcement measures authorized by the Hesperia Municipal Code for violation of the law.

B. To the fullest extent allowed under state law, any person, whether as principal, employee, agent, partner, director, officer, stockholder, or trustee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17)

A. The delivery dispensary permit holder shall to the satisfaction of the director:

1. Provide written authorization to the director as well as the police department, to conduct reasonable inspections of the location of the delivery dispensary at the discretion of the city, including but not limited to inspection of security, inventory, and records and files pertaining to the delivery dispensary, for the purposes of ensuring compliance with local and state law.

2. Execute an agreement indemnifying the city, its elected officials, employees, agents, officers, and representatives, and each and all of them individually, from all liability in connection with all claims, damages, attorney's fees, costs and allegations arising from or in any way related to the operation of the delivery dispensary.

3. Execute an agreement to:

a. Defend, at the delivery dispensary permit holder's sole expense, any action against the city, its elected officials, employees, agents, officers, and representatives, and each and all of them individually, which arises from the operation of the delivery dispensary.

b. To reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of such action. The city may, at its sole discretion, participate at its own expense in the defense of any such action.

B. Upon and after receiving possession of a delivery dispensary permit as provided for in this chapter, the delivery dispensary permit holder shall:

1. Maintain continuing compliance with all of the insurance requirements of Section 5.50.100(F) of this chapter.

2. Immediately update the director in writing with correct and current contact information, when there is any change in the address or phone number, previously provided to the city in compliance with this chapter, for any owner(s), manager(s) or legal representative(s) of the delivery dispensary.

3. Comply with all conditions of approval prescribed by the director for operation of the delivery business.

C. Failure to perform the aforementioned actions of this Section 5.54.090 shall render the operation of a delivery dispensary unlawful.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. of 2018-01, § 3(Exh. A), 3-20-18; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

A. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.

B. Regulations.

1. No delivery dispensary shall offer retail services or dispense in any manner to customers on site of any product, including but not limited to cannabis and cannabis accessories. All products shall be delivered to patients, or qualified caregivers, at a fixed residential address other than the dispensary.

2. There shall be no sale or delivery of industrial hemp products.

3. There shall be no sale or delivery to any person not in possession of a valid identification card denoting the person as a qualified patient or a caregiver as defined by law.

4. Delivery shall only be made to residential homes, and no delivery or exchange of goods for money shall occur on city streets, sidewalks or public ways.

5. Consumption of alcohol and cannabis products is prohibited in the establishment as well as in any vehicles used for delivery.

6. All vehicles associated with the business shall carry in the vehicle a copy of the valid, unexpired business license.

C. Security.

1. All cannabis and related products shall be stored in a secured and locked room. As no retail sales are permitted, no display of cannabis or related products is permitted.

2. No person may be an employee of a delivery dispensary who has been convicted of a crime involving the illegal distribution of narcotics within the last seven years, dated from time of conviction, or if the conviction required incarceration, the time of release, whichever is later.

3. The facility and parking area shall be equipped with security lighting at each entrance, and no less than five other points on the building or property as approved by the city, and at all gated entrances. Entrance lighting and parking area lighting shall not require motion to activate and shall provide adequate lighting without the aid of motion-detecting lights. Security lighting shall illuminate the entire entrance, and the adjacent parking area upon motion detection. Each light shall provide at least 0.1 foot candle intensity. This lighting shall be in addition to any other lighting requirements of this code.

4. The facility shall be alarmed with a centrally-monitored fire and burglar alarm system, and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with California Business & Professions Code section 7590 et seq. and whose agents are properly licensed and registered under applicable law.

5. Security cameras shall be installed on the property, maintained in good condition, and shall provide a clear, unobstructed view of the parking area, all entrances, loading areas, bays, windows and any other areas as determined by the director. The cameras shall be in use twenty-four (24) hours per day, seven days per week. All recordings shall be digitally recorded and kept for no less than ninety (90) days and shall be made available to the police department upon request. All recordings shall be time and date stamped. All security cameras shall be properly maintained and kept in working order.

6. Cannabis or cannabis product shall not be stored, kept, or otherwise accessed from outside the building. Loading and unloading of cannabis or cannabis products is allowed during business operating hours only and must be completed at the rear of the building. Loading and unloading may be allowed at the front of the building, at the discretion of the director, providing that all of the below is true:

i. That there is a roll-up door or doors, which are attached to and part of the cannabis business location; and

ii. That the interior of the building accessible by the roll-up door(s) is large enough to accommodate a vehicle, completely inside the facility; and

iii. That the roll-up door(s) can be closed completely, concealing the vehicle during the loading and unloading of cannabis product; and

iv. That the roll-up door(s) remain closed and locked when not in use; and

v. All loading and unloading of cannabis occurs inside of the building with the roll-up door closed.

7. All exterior doors shall remain locked and be accessible for operation by employees only, and all windows shall be secured against entry from the outside. Exterior doors shall be properly equipped with panic hardware as required by all applicable state codes.

8. All cannabis present or kept at the premises shall be securely stored against both unauthorized access as well as theft.

9. Cannabis and cannabis products prepared for delivery shall be stored in secure containers within the trunk of the delivery vehicle during delivery.

D. Odor Control. A delivery dispensary shall have an air treatment system that ensures off-site odors shall not result from its operations. This requirement at a minimum means that the delivery dispensary shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the delivery dispensary is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the delivery dispensary, if the use only occupies a portion of a building.

E. Records.

1. Delivery dispensaries shall maintain records reflecting:

a. The full name, address, and telephone number(s) of the owner and lessee of the property.

b. The full name, address, and telephone number(s) of all employees.

c. The delivery of medical cannabis, including but not limited to the identity of the recipient using the unique identifier supplied to them by the state, the amount delivered, the date of the delivery, the address of the delivery, the name of the employee making the delivery, and a written receipt confirming the delivery by signature of the receiving person(s).

d. A written accounting of all expenditures, costs, revenues and profits of the delivery dispensary.

e. A copy of the delivery dispensary's required insurance policy and all other insurance policies related to the operation of the delivery dispensary.

f. An inventory record documenting the dates and amounts of medical cannabis received at the medical cannabis dispensary, the daily amounts of medical cannabis stored at the location of the medical cannabis dispensary, and the daily amounts distributed.

g. Proof of a valid and current permit issued by the city in accordance with this chapter. Every medical cannabis dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter in a conspicuous place.

2. Records shall be maintained on-site, either in paper or electronic form, and secured and verified by the director as needed (consistent with requirements pertaining to patient confidentiality pursuant to applicable State and Federal law).

3. All records required to be maintained by the delivery dispensary must be maintained for no less than three years and are subject to immediate inspection upon written request by the director.

a. Records pertaining to the operation of the delivery dispensary, including but not limited to taxation remittance to state, county or city, revenue, product inventory, etc. shall be subject, at the city's discretion, to an audit, performed by a company selected by the city. The business owner shall pay any required fees, as adopted by the city council, for the performance of the audit. Upon notification by city that there is an intent to perform an audit, the business owner shall remit the fee for the audit to the city within thirty (30) days.

F. Insurance.

1. A delivery dispensary shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the director, the following policies of insurance in the amounts and of the types that are acceptable to the director, with minimal coverage provided of:

2. Throughout the life of the license, the licensee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VIII" in Best's Insurance Rating Guide, or (ii) authorized by city manager or his/her designee and in his/her sole discretion. The following policies of insurance are required:

3. Commercial general liability insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of not less than one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage, one million dollars ($1,000,000.00) per occurrence for personal and advertising injury, two million dollars ($2,000,000.00) aggregate for products and completed operations and two million dollars ($2,000,000.00) general aggregate.

4. Commercial automobile liability insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) form CA 00 01 and shall include coverage for "scheduled auto", "hired auto" and "non-owned auto" with limits of liability of not less than one million dollars ($1,000,000.00) per accident for bodily and property damage.

5. Workers' compensation insurance as required under the California Labor Code.

6. Employers' liability insurance with minimum limits of one million dollars ($1,000,000.00) each accident, one million dollars ($1,000,000.00) disease each employee and one million dollars ($1,000,000.00) disease policy limit.

7. Licensee shall be responsible for payment of any deductibles or self-insured retentions contained in any insurance policies required hereunder.

8. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar day written notice by certified mail, return receipt requested, has been given to the city. Upon issuance by the insurer, broker or agent of a notice of cancellation, non-renewal or reduction in coverage or limits, licensee shall furnish city with a new certificate and applicable endorsements for such policy(ies). In the event any policy(ies) is due to expire during the license, licensee shall provide a new certificate and all applicable endorsements evidencing renewal of such policy(ies) not less than fifteen (15) calendar days prior to the expiration date of the expiring policy(ies).

9. The general liability (including ongoing operations, and products, and completed operations) and automobile liability insurance policies shall be endorsed to name the city and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so permittee's insurance shall be primary and no contribution shall be required of city, its officers, officials, employees, agents and volunteers. Any workers' compensation insurance policy shall contain a waiver of subrogation as to city, its officers, officials, employees and agents. The coverage shall contain no special limitations on the scope of protection afforded to city and its officers, officials, employees, agents and volunteers. Should licensee maintain insurance with broader coverage and/or limits of liability greater than those shown above, the city requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by the licensee. Licensee shall furnish city with the certificate(s) and applicable endorsements for all required insurance fourteen (14) days prior to the issuance of the permit.

10. If the general liability insurance policy is written on a claims-made form:

(1) The retroactive date must be shown, and must be before the effective date of the agreement or the commencement of work by consultant.

(2) Insurance must be maintained and evidence of insurance must be provided for at least three years after any expiration or termination of the agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.

(3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the agreement or the commencement of work by consultant, consultant must purchase extended reporting coverage for a minimum of three years following the expiration or termination of the agreement.

(4) A copy of the claims reporting requirements must be submitted to city for review.

(5) These requirements shall survive expiration or termination of the article.

11. Upon request of city, licensee shall immediately furnish city with a complete copy of any insurance policy required under this agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive the expiration or revocation of the license.

12. If at any time during the license, licensee fails to maintain the required insurance in full force and effect, all work licensed thereunder shall be discontinued immediately until notice is received by city that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to city. Any failure to maintain the required insurance shall be sufficient cause for the city to revoke the license.

13. Note: The certificate of insurance must be accompanied by the additional insured, primary insurance and waiver of subrogation endorsements, as required above.

14. All of the above policies of insurance shall be primary insurance and shall name the city, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by city or its officers, employees or agents may apply in excess of, and not contribute with the above policies of insurance.

15. No permit may be issued pursuant to this chapter until the applicant for a medical cannabis dispensary permit has provided the city with certificates of insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said certificates of insurance or binders are approved by the city. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time.

G. The regulations contained in this chapter shall not apply to a medical cannabis dispensary engaged in the following uses, as long as such use complies strictly with applicable law regulating such use and the location of such use, including, but not limited to, Health and Safety Code sections 11362.5 and 11362.7 et seq.; a clinic permitted pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility permitted pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness permitted pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice; or a home health agency permitted pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. of 2018-01, § 3(Exh. A), 3-20-18; Ord. No. 2019-10, §§ 3(Exh. A), 6, 8-20-19; Ord. No. 2019-13, § 3(Exh. A), 10-15-19; Ord. No. 2019-19, § 3(Exh. A), 1-7-20)

A. Fees. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon delivery dispensaries and their operations.

B. State Board of Equalization Seller's Permit Required. The State Board of Equalization has determined that medical cannabis transactions are subject to sales tax, regardless of whether the individual or group makes a profit, and those engaging in transactions involving medical cannabis must obtain a seller's permit from the State Board of Equalization.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. No. 2024-12, § 2(Exh. A), 11-5-24)

In addition to the penalties set forth in this chapter, any delivery dispensary that is operating in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 1.12 (Municipal Code Enforcement) of Title 1 (General Provisions) of the Hesperia Municipal Code.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17)

A. The director is authorized to suspend and/or revoke delivery dispensary permits issued pursuant to this chapter upon the determination through written findings of a failure to comply with any provision of this chapter, any condition of approval, or any agreement or covenant as required pursuant to this chapter.

B. The director may suspend or revoke a delivery dispensary permit if any of the following occur:

1. The director determines that the delivery dispensary has failed to comply with any aspect of this chapter, any condition or approval, or any agreement or covenant as required pursuant to this chapter; or

2. Operations cease for more than ninety calendar days; or

3. Ownership is changed without securing a new delivery dispensary permit; or

4. The delivery dispensary fails to maintain required security camera recordings; or

5. The delivery dispensary fails to allow inspection of the security recordings, the activity logs, the records, or of the premise by authorized city officials.

6. The delivery dispensary's state license is suspended, revoked or denied. Should the license be suspended the delivery dispensary owner shall provide up to date information to the City regarding the reinstatement of the license. Should the license remain suspended for more than ninety days, the City may revoke the City license.

C. Conditions (if any) of suspension or revocation are at the discretion of the director and may include, but are not limited to, a prohibition on all owners, operators and employees of the suspended or revoked delivery dispensary from operating within the city for a period of time set forth in writing and/or a requirement (when operations may resume, if at all, pursuant to the director's determination) for the holder of the suspended or revoked delivery dispensary permit to resubmit an application for a delivery dispensary permit pursuant to the requirements of this chapter.

D. Suspension or revocation of a delivery dispensary permit pursuant to this chapter shall constitute a "revocation" for purposes of Business and Professions Code section 19320.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17; Ord. No. 2019-19, § 3(Exh. A), 1-7-20)

No use which purports to have distributed cannabis prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of the Hesperia Zoning Code, the Hesperia Municipal Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status.

(Ord. No. 2017-16, § 3(Exh. C), 9-19-17)