Lindsay Municipal Code § 5.28 Cannabis Businesses

"Applicant" means a person who is required to file an application for a permit under this section.

"Business Owner" means the owner(s) of the Cannabis Business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of 5% or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of 20% or more in the commercial cannabis business.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means cannabis as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and Tax Adult Use of Cannabis Initiative, and as defined by other applicable State law.

"Cannabis business" or "cannabis industry" means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. Cannabis business includes an entertainment venue permitting the sale for on-site consumption of cannabis, including comedy clubs, as authorized by, and which meet the requirements of, the State of California. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.

"Cannabis cultivation area" means the total aggregate area(s) of cannabis cultivation by a cannabis business as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, excluding non-production areas, as determined by the City Manager or his or her designee.

"Cannabis product" means any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in Section 11018.1 of the Health and Safety Code.

"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether the areas are contiguous or noncontiguous. The plant canopy need not be contained to a single parcel of land in determining the total square footage that will be subject to tax under this Chapter. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

"City" means the City of Lindsay, either the entity or its territorial limits, as the context requires.

"City Council" or "Council" means the City Council of the City of Lindsay.

"Collector" means the City's Director of Finance or Chief Financial Officer or his or her designee.

"Commercial cannabis cultivation" means cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal recreational use as authorized under the "Control, Regulate and Tax Adult Use of Marijuana Act" approved by the State's voters on November 8, 2016, for which the individual receives no compensation whatsoever.

"Commercial Cannabis Business" or "Cannabis Business " or "Cannabis Operation" means any commercial marijuana activity allowed under State Law and the implementing regulations, as State Law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis.

"Cannabis production" means the processes associated with the processing, extraction, manufacturing, testing, distribution and transportation of medical and non-medical cannabis products.

"Commercial Cannabis Regulatory Permit" or" Regulatory Permit" means the permit required under this section to have a Cannabis Business.

"Commingling" means the physical aggregation of harvest batches or nonmanufactured cannabis products by a licensee.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Cultivation" also includes nurseries. In addition, and without limiting the foregoing, "cultivation" includes "cultivation" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted and amended from time to time.

"Delivery " means the commercial transfer of marijuana cannabis or marijuana cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

"Delivery employee" means an individual employed by a licensed dispensary who delivers cannabis goods from the licensed dispensary premises to a physical address.

"Dispensary" means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, "dispensary" includes "dispensary" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.

"Distributor" means a person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, "distributor" includes "distributor" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.

"Distribution" means the procurement, sale, and transport of cannabis or cannabis products between licensees.

"Employee" means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.

"Gross Receipts" means the total amount of revenue a Cannabis Operation received from all sources during its accounting period, without subtracting any costs or expenses.

"Indoor cultivation" means the cultivation of cannabis within a structure using artificial light, at a rate greater than 25 watts per square foot.

"Manufacturer" means a person who conducts the production, preparation, propagation, or compound ing of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or that packages or repackages cannabis or cannabis products or labels or relabels its container. In addition, and without limiting the foregoing, "manufacturer" includes "manufacturer" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.

"Mixed-light cultivation" means the cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot."

"Nursery" means a person who produces cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and cultivation of cannabis. In addition, and without limiting the foregoing, "nursery" includes "nursery" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.

"Operator" means the Business Owner and any other person designated by the Business Owner as responsible for the day to day Cannabis business operation.

"Personal medical cannabis cultivation" means cultivation, by either a qualified patient who cultivates cannabis exclusively for his or her personal medical use or by a caregiver who cultivates cannabis exclusively for medical use by qualified patients and who is exempt from State licensing requirements under the State Medical Cannabis Regulation and Safety Act.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

"Responsible Party" shall mean the Business Owner, Operator, manager(s), and any employee having significant control over the cannabis businesses operations.

"State" means the State of California.

"State Law" means all regulations and laws in the State of California.

"State license," means a State license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable State law.

"Testing means a laboratory, facility, or entity in the State, that offers or performs tests of cannabis or cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in commercial marijuana cannabis activity in the State.
2. Registered and Licensed by the State Department of Public Health.

"Transport" means the transfer of cannabis or 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 pursuant to this chapter.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

Business Owners meeting the requirements of this section shall be allowed to conduct the following Commercial Cannabis activities in the IH - Heavy Industrial zoning district of the City:

• Cultivation - Indoor or Mixed Light Only
• Distribution.
• Manufacturing.
• Testing.
• Transportation.

Business Owners meeting the requirements of this section shall be allowed to conduct the following Commercial Cannabis activities in the PO - Professional Office zoning district of the City:

• Testing.

Business Owners meeting the requirements of this section shall be allowed to conduct the following Commercial Cannabis activities in the IL - Light Industrial zoning district of the City:

• Testing.
• Cultivation - Indoor Only.
• Distribution.
• Manufacturing.
• Transportation.
• Production.

The Commercial Cannabis Operations shall at all times be in compliance with this chapter as it may be amended from time to time or repealed and replaced by another section governing the Commercial Cannabis Operations.

(Ord. 601, 2022)

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

The following operational requirements and restrictions shall apply to all commercial cannabis manufacturing, testing, distribution, transportation and cultivation and as described in 5.28.020.

1. State Law. The Commercial Cannabis Business shall at all times be in compliance with State Law and the implementing regulations, as they may be amended from time to time, as well as all required State license(s) under State Law, and any other applicable State law. The Operator shall obtain required licenses under State Law prior to opening for business. If the Operator uses the approved Cannabis operations for commercial recreational cannabis, the Operator shall meet or exceed the health and safety requirements of State Law in any operations relating to recreational cannabis.
2. Register of Employees. The Operator shall maintain a current register of the names of persons required to have Employee Permits. The register shall be available to the City Manager or their designee at all times, and immediately upon request.
3. Signage. There shall be no signage or markings on the Premises, or off-site, which in any way evidences that Commercial Cannabis Businesses are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.
4. Cannabis Consumption. No cannabis shall be smoked, ingested or otherwise consumed on the Premises. Adequate signage of this prohibition shall be displayed throughout the facility.
5. Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.
6. Transportation. Transportation shall only be conducted according to activity permitted by State law.
7. Distribution. There shall be no deliveries from the Premises of cannabis or cannabis containing products except to another licensed or permitted cannabis business.
8. Public Access. There shall be no public access to the Premises without prior written authorization from the Public Safety Director or the Public Safety Director's designee.
9. Minors. It shall be unlawful for any Operator to employ any person who is not at least twenty-one (21) years of age, or any older age if set by the State.
10. Distance separation from schools. Commercial Cannabis Business shall comply with the distance separation requirements from schools as required by State law. In addition, a Cannabis operation shall not be located within 600 feet from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1-12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
11. Hours of Operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the City's noise and nuisance ordinances. Deliveries to the commercial cannabis business may only take place during regular business hours.
12. Building and Related Codes. Commercial cannabis operations shall be subject to the following requirements:
13. The Premises in which the Cannabis business occur shall comply with all applicable local, State and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the City. The Operator shall obtain all required building permits and comply with all applicable City standards.
14. The Responsible Party shall ensure that the Premises has sufficient electrical load for the Cannabis production. The use of generators is prohibited other than for temporary emergency use.
15. Butane and other flammable materials are permitted to be used for extraction and processing provided the Operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. Employee training records and safety equipment must be maintained, and all equipment must be compliant with State safety regulations in § §40100 - 41099 and as they may be amended. The Lindsay Public Safety Department shall inspect and approve the Premises for use of the products prior to City's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.
16. The Operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the Cannabis production.
17. The Operator shall comply with all environmental laws and regulations pertaining to the Cannabis production, including the use, storage, and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm. The cannabis business must provide proof of a California Department of Tax and Fee Administration (CDTFA) Seller's Permit.
18. Odor control. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside the Premises, outside the building housing the Cannabis business, or anywhere on adjacent property or public rights-of-way. As such, Cannabis businesses must install and maintain the following equipment or any other equipment which the City's Building Official determines has the same or better effectiveness, if a smell extends beyond a property line:
19. An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or an air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
20. Consumable Products. Cannabis businesses that manufacture products in the form of food or other comestibles shall obtain and maintain the appropriate approvals from the State Department of Public Health for the provision of food or othe

etween the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility. 14. Consumable Products. Cannabis businesses that manufacture products in the form of food or other comestibles shall obtain and maintain the appropriate approvals from the State Department of Public Health for the provision of food or other comestibles, unless otherwise governed by State Law and licensed by the State. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law. 15. The City does not allow the outdoor commercial cultivation of cannabis products. 16. Secure Building. All commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. Notwithstanding the foregoing, the roof may be of solid translucent material provided other security measures exist to ensure that the Cannabis Operation cannot be seen, herd or smelled beyond the property line. The precise building construction and material to be used shall be identified and provided to the City prior to construction and provided with the application. 17. Premises Security. The City Council shall set Premises Security requirements by resolution and the Public Safety Director shall enforce.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. Business Owners meeting the requirements of this chapter shall be allowed to conduct Cannabis Dispensary Operations within the Central Business District of the CC-Central Commercial zone district of the City upon approval of a conditional use permit in accordance with Title 18 of the Municipal Code: The Cannabis Dispensary Operation shall at all times be in compliance with this chapter as it may be amended from time to time or repealed and replaced by another chapter governing the Cannabis Dispensary operation.
2. A Commercial Cannabis Business meeting the requirements of this chapter that includes an entertainment venue permitting the sale for on-site consumption of cannabis, including comedy clubs, and cannabis cultivation that does not exceed 20% of the gross leasable area shall be allowed to conduct operations within the Central Business District of the CC-Central Commercial zone district of the City upon approval of a conditional use permit in accordance with Title 18 of the Municipal Code. The Commercial Cannabis Business shall at all times be in compliance with this chapter as it may be amended from time to time or repealed and replaced by another chapter governing the Cannabis Dispensary operation and shall at all times meet the requirements of the State of California.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

The City Council shall set Regulatory Permit requirements by resolution and the Public Safety Director shall enforce.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. Every employee or independent contractor working at a Cannabis Operation or involved in transportation/delivery related services for a Cannabis Business shall obtain an Employee Permit. It shall be the duty of the Operator to ensure that Employee Permits are obtained from the Public Safety Department prior to the employee or independent contractor commencing work. Persons who are listed as a Business Owner on a Regulatory Permit shall not be required to obtain an Employee Permit if such person also serves as an employee or contractor. All Responsible Parties, except the Business Owner, shall be required to obtain an Employee Permit.
2. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Public Safety Department can perform a background check:
3. Name, current resident address, and telephone number.
4. Date of birth.
5. Tax identification number.
6. Height, weight, color of eyes, and hair.
7. Photographs for identification purposes (photographs shall be taken by the Public Safety Department).
8. Be fingerprinted by the Public Safety Department.
9. Such other identification and information as deemed necessary by the Public Safety Director and pertinent to the Employee Permit.
10. Authorization for the City, its agents and employees to seek verification of the information contained within the application.
11. The name of the Business Owner holding the Regulatory Permit and the Operator for which such person is proposed to work.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

Every new application for a Regulatory Permit, Employee Permit, or renewal shall be accompanied by a nonrefundable fee, as established by resolution of City Council. This fee shall be in addition to any other business license, tax, or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general ongoing monitoring for compliance and processing of the application.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. Upon the filing of a properly completed application and the payment of the fee, the Public Safety Director shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a Regulatory Permit and Employee Permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Lindsay Public Safety Department.
2. For Regulatory Permits, after the background checks and investigation are complete, and in no case later than ninety (90) days after receipt of a properly completed application, the City shall issue a recommendation that the City Council approve or deny a Regulatory Permit in accordance with the provisions of this section. The recommendation for approval shall include conditions the City deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the City Council for action following any required noticing and public hearings and may be processed concurrently with any other entitlements necessary for the Cannabis Operation.
3. For Employee Permits, after the background checks and investigation are complete, and in no case later than thirty (30) days after receipt of a properly completed application, the Public Safety Director shall either approve or deny an Employee Permit. At the discretion of the Public Safety Director, Employee Permits may be conditionally approved pending the background investigation.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. Regulatory Permits issued under this Chapter shall expire on December 31st each year. Applications for renewal shall be made at least forty-five (45) days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than forty-five (45) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the Public Safety Director shall renew annual permits for additional one-year periods if the circumstances and information provided with the initial application have not materially changed. Regulatory fees may be pro-rated based on the term of the Regulatory Permit.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

The grounds for denial of a Regulatory Permit shall be one or more of the following:

1. The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation.
2. The Business Owner or Operator has been issued a local or State permit related to Cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the Business Owner or Operator has had disciplinary action relating to the permit.
3. The Business Owner or Operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application.
4. Consistent with State Law or other applicable State law, the Business Owner or Operator, or any Responsible Person, has been:
5. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or
6. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
7. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or
8. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or
9. Has engaged in misconduct related to the qualifications, functions or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State Law.
10. Consistent with State Law or other applicable State law, the Business Owner or Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
11. The Business Owner or Operator is under twenty-one (21) years of age, or any older other age set by the State.
12. The Cannabis Operation does not comply with the zoning ordinance standards of the City of Lindsay or the development standards set forth in this Title.
13. The required annual business license fee, annual regulatory fee or revenue raising fee has not been paid.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

The grounds for denial of an Employee Permit shall be one or more of the following:

1. The applicant has been issued a local or State permit related to Cannabis production at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.
2. Consistent with State Law or other applicable law, the applicant has been:
3. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or
4. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
5. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or
6. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in State Law; or has engaged in misconduct related to the qualifications, functions or duties of a permittee.
7. Consistent with State Law or other applicable State law, the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
8. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.
9. An applicant is under twenty-one (21) years of age, or any older age set by the State.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. Regulatory Permit. Action on the Regulatory Permit shall be as follows:
2. The Public Safety Director shall cause a written notice of his or her recommendation on the issuance or denial of a Regulatory Permit, and the date and time when the City Council will consider action on the Regulatory Permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.
3. Following a public hearing before the City Council, the Council may grant the Regulatory Permit subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community, or it may deny the issuance of the Regulatory Permit for any of the grounds specified in this section. The decision of the Council shall be final, subject to judicial review.
4. Employee Permit. Action on the Employee Permit shall be as follows:
5. The Public Safety Director shall cause a written notice of his or her determination on the issuance or denial of an Employee Permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The Public Safety Director's decision on an Employee permit shall be final, subject to judicial review.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. Regulatory Permit. The City Council may suspend or revoke the Regulatory Permit of a Commercial Cannabis Operation when any of the following occur:
2. The Cannabis Operation is conducted in violation of any provision of this section, State Law, or any other applicable State law.
3. The Cannabis Operation is conducted in such a manner as to create a public or private nuisance.
4. A failure to pay the Regulatory Fee or Revenue Raising Fee required by this section.
5. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the Premises, traffic control problems, or obstruction of the operation of another business.
6. A failure to comply with the terms and conditions of the Regulatory Permit or any conditional use permit issued in connection therewith.
7. Any act which would be considered grounds for denial of the Regulatory Permit in the first instance.
8. Employee Permit. The Public Safety Director may suspend or revoke an Employee Perm it when the permittee or the employee has committed any one or more of the following acts:
9. Any act which would be considered a ground for denial of the permit in the first instance.
10. Violates any provision of this section, State Law, or any other applicable law relating to the Cannabis Operation.
11. Violates or fails to comply with the terms and conditions of the Employee Permit.
12. Procedures for Revoking Regulatory Permits. For Regulatory Permits, the procedures for revoking conditional use permits shall be utilized except that the matter shall be heard by the City Council in the first instance and shall be subject to the same judicial process as applied to a Conditional Use Permit. (See, Lindsay Municipal Code section 18.17.130).
13. Procedures/or Revoking Employee Permits. Prior to suspension or revocation of an Employee Permit, the Public Safety Director shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid. Any permittee aggrieved by the decision of the Public Safety Director in suspending or revoking an Employee Permit shall have no appeal rights and the Public Safety Directors decision shall be final, subject to judicial review as set forth in this section.
14. Immediate Suspension. The Public Safety Director may immediately suspend or revoke a Regulatory Permit and an Employee Permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances:
15. The Business Owner or Operator is convicted of a public offense in any court for the violation of any law which relates to the Cannabis Operation, or in the case of an Employee Permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.
16. The Public Safety Director determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Public Safety Director shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

When the City Council shall have denied a Regulatory Permit or revoked a Regulatory Permit, or the Public Safety Director shall have denied or revoked an Employee Permit, no new application for a Regulatory Permit and no new application for an Employee Permit shall be accepted and no Regulatory Permit or Employee Permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one (1) year after denying or revoking the Regulatory Permit or Employee Permit.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

In addition to the suspension or revocation of a Regulatory Permit, a Regulatory Permit shall be deemed abandoned if Cannabis production ceases for a period of more than ninety (90) consecutive days. Before restarting operations, a new Regulatory Permit shall be secured. The 90-day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

1. As a condition of opening for business, the Premises Owner, Business Owner, Operator, and all Responsible Parties shall be deemed to have acknowledged and agreed to the following if the Cannabis Operation is connected to the City's water system.
2. The City cannot provide any guarantees that City water will be available for operations. Under circumstance where the City cannot or elects to not provide water, the Cannabis Operation may be required to find alternative sources of water supply. The Premises Owner, Business Owner, and Operator assume all risk associated with water supply to the Site, including all costs associated therewith.
3. The Premises Owner, Business Owner, Operator, and all Responsible Parties shall hold harmless, release, indemnify, and defend the City, its officers, employees, and agents, from any liability associated with the curtailment of water because of the foregoing. This release includes any damages to the Premises Owner, Business Owner, Operator, and all Responsible Parties, its employees and contractors, and third parties, and includes the risk of lost revenue, profits and consequential damages.
4. If the Premises Owner, Business Owner, Operator, or Responsible Party procures their own source of water they must comply with all State and Federal water reporting laws and procedures.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

Except as expressly provided in this Chapter, nothing contained in this Chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or Chapter of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other title or Chapter of this Code or any other ordinance or resolution of the City. Any references made or contained in any other title or Chapter of this Code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or Chapters of the Lindsay City Code unless otherwise expressly provided.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

Any person who violates any provision of this Chapter or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the City any material fact herein required to be provided is guilty of a misdemeanor punishable as provided in Section 5.04.610 of this Code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

The amount of any tax, fee, penalty and/or interest imposed pursuant to this Chapter shall be deemed a debt owed to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent tax, fees, penalties and interest thereon.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019

Any entity that fails to pay the fees required by this chapter within fifteen (15) days after the due date shall pay in addition to the taxes a penalty for nonpayment in the sum equal to twenty-five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added on the first day of each calendar month following the month of the imposition of the twenty-five percent (25%) penalty if the fee remains unpaid - up to a maximum of one hundred percent (100%) of the fee payable on the due date. Receipt of the fee payment by the City shall govern the determination of whether the fee is delinquent. Postmarks will not be accepted as adequate proof of a timely payment.

HISTORY Adopted by Ord. 571 on 2/26/2019 Amended by Ord. 573 on 5/14/2019