Imperial County Municipal Code Ch. 14.03 Commercial Cannabis Activities

All commercial cannabis activities identified in this chapter are subject to the following restrictions:

A. No person or business shall engage in a commercial cannabis activity, or open or operate a commercial cannabis operation, without possessing the licenses and permits required by the state of California's Bureau of Cannabis Control, CalCannabis Cultivation Licensing, Manufactured Cannabis Safety Branch, and the county of Imperial Codified Ordinances.

B. All commercial cannabis and industrial hemp activities must be located within the allocated zoning areas established by Title 9 of the County of Imperial Codified Ordinances.

1. Permitted use with a commercial cannabis activity license:

a. Cannabis Operations: All forms (unless otherwise directed below) permitted within the:

(1) Gateway industrial (GI) of the Gateway of the America's Specific Plan.

(2) Light industrial (MLI1) of the Mesquite Lake Specific Plan Area (cultivation, microbusiness and retail only).

(3) Medium industrial (MLI2) of the Mesquite Lake Specific Plan.

(4) Heavy industrial (MLI3) of the Mesquite Lake Specific Plan.

b. Cannabis Operations: Retail sales (only):

(1) Gateway commercial (GC) of the Gateway of the America's Specific Plan Area.

(2) Light industrial (MLI1) of the Mesquite Lake Specific Plan Area.

(3) Imperial Center Commercial Zone (ICCZ) of the Imperial Center Specific Plan.

2. Permitted Use with a Conditional Use Permit and Commercial Cannabis Activity License Cannabis Operations:

a. All forms (unless otherwise directed below):

(1) Light industrial (M-1).

(2) Medium industrial (M-2).

(3) Agricultural related light industrial (AM-1) (manufacturing only)

(4) Agricultural related medium industrial (AM-2) (manufacturing only).

b. Cannabis Operations: Retail sales (only):

(1) General commercial (C-2).

(2) Heavy commercial (C-3).

3. Industrial Hemp Permitted Use.

a. Industrial hemp; including, the cultivation, harvesting, and testing, and light processing:

(1) Medium agricultural (A-2).

(2) Heavy agricultural (A-3).

(3) Gateway industrial (GI) of the Gateway of the America's Specific Plan.

(4) Gateway commercial (GC) of the Gateway of the America's Specific Plan Area.

(5) Medium industrial (MLI2) of the Mesquite Lake Specific Plan.

(6) Heavy industrial (MLI3) of the Mesquite Lake Specific Plan.

(7) Agricultural related light industrial (AM-1).

(8) Agricultural related medium industrial (AM-2).

b. Industrial hemp manufacturing into semi-finished and finished products:

(1) Light industrial (M-1).

(2) Medium industrial (M-2).

(3) Agricultural related light industrial (AM-1).

(4) Agricultural related medium industrial (AM-2).

(5) Medium industrial (MLI2) of the Mesquite Lake Specific Plan.

(6) Heavy industrial (MLI3) of the Mesquite Lake Specific Plan.

4. Industrial Hemp Permitted Use with a Conditional Use Permit.

a. Industrial hemp manufacturing into semi-finished and finished products:

(1) Heavy agricultural (A-3).

C. A cannabis operation may engage in multiple commercial cannabis activities; provided that the operation of multiple commercial cannabis activities does not conflict with the licensing provisions found within MAUCRSA.

D. All commercial cannabis activities are subject to those rules and regulations that may be promulgated from time to time by the enforcement agency, as further detailed in Chapter 14.05.

(Ord. No. 1543, § 1, 6-18-19)

The commercial cultivation of cannabis is allowed within the unincorporated areas of Imperial County, in accordance with the applicable provisions of MAUCRSA, and subject to the following restrictions:

A. The commercial cultivation of cannabis must be located within an enclosed and secured facility.

B. Each commercial cultivation operation is limited to twenty-two thousand (22,000) square feet of total canopy size per premises.

(Ord. No. 1543, § 1, 6-18-19)

The manufacturing of cannabis and cannabis products is allowed within the unincorporated areas of Imperial County, in accordance with the applicable provisions of MAUCRSA, and subject to the following restrictions:

A. All manufacturing of cannabis and industrial hemp products may be done with non-volatile solvents or volatile solvents.

B. Volatile solvents for cannabis and industrial hemp processing may be approved provided that the operation goes through a CEQA review process and an approved conditional use permit (CUP).

C. Imperial County shall develop a list of acceptable volatile solvents.

D. Manufacturing operations that utilize volatile solvents in any part of process shall be located more than one thousand (1,000) feet from residential uses and places where sensitive receptors are present at the time of initial permitting.

(Ord. No. 1543, § 1, 6-18-19)

The retail sale of cannabis and cannabis products is allowed within the unincorporated areas of Imperial County, in accordance with the applicable provisions of MAUCRSA, and subject to the following restrictions:

A. Virtual dispensary with delivery must comply with the following:

1. Virtual dispensaries with delivery shall be allowed to engage in the retail sale of cannabis and cannabis products, for both medicinal and recreational products.

2. Cannabis and cannabis products sold through a virtual dispensary shall be made exclusively by delivery.

3. The licensed virtual dispensary shall be closed to the public.

4. Cannabis goods and cannabis products shall only be delivered to a legitimate physical address.

5. A physical delivery address shall not be located on publicly owned land or address on land or in a building leased by a public agency.

B. Physical dispensary with delivery must comply with the following:

1. Physical dispensary with delivery shall be allowed to engage in the retail sale of cannabis and cannabis products, for both medicinal and recreational products.

2. Cannabis products may be made available through onsite transactions or through the utilization of delivery services.

3. Cannabis products shall only be delivered to a legitimate physical address.

4. On-site consumption shall only be within a designated "private smoking room or cannabis lounge" provided patrons are twenty-one (21) years of age, there is no sale or consumption of alcohol or tobacco and it is not visible from any public place or nonage-restricted area. Limited promotional activities may occur including live music, food, games and poetry readings as conditioned under the CCA license.

C. Microbusiness must comply with the following:

1. In order to hold a microbusiness license, a licensee must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing, distribution, and retail sale.

2. A holder of a microbusiness license shall comply with all the security rules and requirements applicable to the corresponding license type suitable for the activities of the licensee.

3. Areas of the licensed premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use.

4. A microbusiness with a retail component could also include on-site consumption which shall only be within a designated "private smoking room or cannabis lounge" provided patrons are twenty-one (21) years of age, there is no sale or consumption of alcohol or tobacco and it is not visible from any public place or nonage-restricted area. Limited promotional activities may occur including live music, food, games and poetry readings as conditioned under the CCA license.

D. Temporary special cannabis events must comply with the following:

1. A special event is defined as any commercial cannabis gathering of more than one hundred (100) individuals assembled for a period of one hour or longer.

2. Temporary cannabis events can only be licensed at the Imperial Valley Expo (Imperial 45 DAA) provided they meet all state and local regulations.

3. The special event, if authorized by the IV Expo, may include cannabis and cannabis related sales, consumption, food, educational exhibits, presentations, live music, and other acceptable activities. Alcohol and tobacco sales are prohibited.

4. Prior to the start of the event the organizer shall provide the county a copy of the issued bureau of cannabis control (BCC) temporary cannabis event license.

5. Special events shall not exceed four consecutive days.

(Ord. No. 1543, § 1, 6-18-19)

The operation of testing laboratories for cannabis and cannabis products is allowed within the unincorporated areas of Imperial County, in accordance with the applicable provisions of MAUCRSA.

(Ord. No. 1543, § 1, 6-18-19)

The distribution (wholesale) of cannabis and cannabis products is allowed in the unincorporated areas of Imperial County in accordance with the applicable provisions of MAUCRSA, and subject to the following restrictions:

A. A licensed distributor shall only distribute sealed and registered cannabis goods, cannabis products, cannabis accessories and licensees' branded merchandise or promotional materials that are in compliance with the state of California codes and regulations.

B. A licensed distributor shall only transport cannabis goods and cannabis products between approved and authorized licensees.

(Ord. No. 1543, § 1, 6-18-19)

Commercial cannabis activities, prior to initial operation commencement and where applicable continuous through the life of the operation, must comply with the following:

A. Comply with county of Imperial Zoning Ordinance Title 9 et al.

B. Provide the county proof of all local, and state licenses to operate their commercial cannabis operation.

C. Commercial cannabis activities shall not be located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve (12), commercial day care center(s), or youth center(s) that are in existence at the time the license is issued. The horizontal distance shall be measured in a straight line from the property line of the school to the closest property line of the commercial cannabis activities lot.

D. Where industrial, commercial and residential zones abut, commercial cannabis activities shall be not less than twenty-five (25) feet away from any existing residential structure located within a residential zone. When adjacent to property zoned for residential purposes, a six-foot high solid masonry or stucco wall shall be constructed between the proposed development and the adjacent property. The side yard walls shall be aligned with the front of the building or front of the residence on adjacent lot, whichever is closest to the street. The proposed wall design and materials shall be approved by the county of Imperial Planning and Development Services Department and applicable permit(s) must be obtained.

E. All commercial cannabis activities shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No commercial cannabis activity shall be visible from any public right-of-way or public way.

F. An odor control plan providing air treatment/filtration systems to eliminate the cannabis operation detection from outside the facility shall be submitted for county of Imperial Air Pollution Control District (APCD).

G. A security plan providing twenty-four-hour protection, including, but not limited to, electronic surveillance and alarm measures, structural (interior and exterior), lighting, perimeter fencing, personnel (experience, training, quantity), etc. The security plan will require approval by the county of Imperial Enforcement Agency.

H. A business plan, providing fire, and hazardous materials management, if required, shall be reviewed and approved by the county of Imperial Fire Department.

I. A product handling and storage plan, if required, shall be reviewed and approved by the county of Imperial Public Health Department.

J. Cultivation, nurseries, and manufacturing activities will need to identify the source of water supply, treatment and discharge as well as legal access to the property.

K. Perimeter fencing to prevent public access and obscure cannabis activities from public view. Screening can be done through solid fencing material, such as slatted chain link or block/masonry materials. In cases where location is adjacent to residential zones a block wall will be required as outlined in item "D" above.

L. Lighting for indoor cultivation may be natural, artificial, or a mixed-light.

M. Commercial general liability insurance and any other insurance necessary for the operation of the cannabis activity(ies) on the premises, shall be in accordance to county and state standards, whichever is greater.

N. All commercial cannabis activities shall be bonded and insured to county and state standards, whichever is greater.

O. Track-and-trace/unique identifier state protocols will be observed at all times.

P. Provide parking, landscaping, and signage shall be in accordance to county standards.

Q. Operators and employees must be at least twenty-one (21) years of age.

R. Local hiring for business is preferred.

S. Compliance with occupational safety requirements shall be in accordance with Cal/OSHA, wage and hour laws, etc.

T. All scales must be registered by the county of Imperial Department of Agriculture Weights and Measures.

U. All operators of commercial cannabis activities, including owners, management and other personnel responsible for the day-to-day operations and activities shall be required to submit to fingerprint-based criminal history records check. Livescan applications shall be available at the county of Imperial Planning and Development Services Department to be completed and taken to a licensed livescan operator for the search to be conducted.

V. Commercial cannabis activity licensees shall be responsible for maintaining property in a clean, safe and sanitary condition.

(Ord. No. 1543, § 1, 6-18-19)