Long Beach Municipal Code Div. III General Operating Conditions

The following general operating requirements are applicable to all Adult-Use Cannabis Businesses. Requirements in this Section are in addition to the requirements specific to each type of Adult-Use Cannabis Business set forth in Division IV (Dispensary operating conditions); Division V (Cultivation operating conditions); Division VI (Manufacturing operating conditions); Division VII (Shared Use Manufacturing operating conditions); Division VIII (Distribution operating conditions); and Division IX (Testing Laboratory operating conditions) of this Chapter.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Every Adult-Use Cannabis Business shall comply with all applicable State laws and regulations, as may be amended and adopted, including all permit, approval, inspection, reporting and operational requirements, imposed by the State or its regulatory agencies having jurisdiction over cannabis, commercial cannabis activity, or Commercial Cannabis Businesses.

B. Every Adult-Use Cannabis Business shall comply with all applicable State laws, guidelines, and regulations for cannabis and commercial cannabis activity, as may be adopted and as amended by any State agency or department, including, but not limited to, the Department of Cannabis Control, the State Department of Food and Agriculture, the State Department of Public Health, the State Department of Pesticide Regulation, the Attorney General, and the State Department of Tax and Fee Administration.

C. Every Adult-Use Cannabis Business shall comply with all applicable local and regional agency regulations, including, but not limited to, regulations issued by the State Water Resources Control Board and the Los Angeles County Agricultural Commissioner/Weights and Measures.

D. Adult-Use Cannabis Businesses shall provide copies of State, regional and local agency licenses, permits, approvals, or certificates upon verbal or written request by the City Manager, to serve as verification for such compliance.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Every Adult-Use Cannabis Business permittee, and applicant for the same, shall maintain a legal right to occupy and a right to use the premises upon which the Adult-Use Cannabis Business operates.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Except as otherwise provided for in this Chapter, a premises shall comply with zoning districts in Title 21 (Zoning Ordinance) of this Code, Specific Plans, or Planned developments.

B. Adult-Use Cannabis Dispensary premises shall not be located within:

1. A six hundred foot (600') radius of a public or private school (as defined in California Health and Safety Code Section 11362.768(h)).

2. A six hundred foot (600') radius of a day care center.

3. A six hundred foot (600') radius of a playground or community center.

4. A six hundred foot (600') radius of a library.

5. An one thousand foot (1,000') radius of any other Dispensary.

6. Within a building which contains a dwelling unit, with the exception of adult-use cannabis dispensaries, as otherwise permitted on ground floors of mixed-use buildings within the Downtown Planned Development District (PD-30).

7. A building which contains a dwelling unit, with the exception of those dispensaries otherwise permitted on ground floors of mixed-use buildings within the Downtown Planned Development District (PD-30).

8. A dwelling unit within a zoning district.

C. A premises for a cannabis business that is not an Adult-Use Cannabis Dispensary shall not be located within:

1. An one thousand foot (1,000') radius of a public or private school (as defined in California Health and Safety Code Section 11362.768(h)).

2. An one thousand foot (1,000') radius of a public beach.

3. A six hundred foot (600') radius of a public park, public library, or day care center.

4. A building which contains a dwelling unit.

5. A dwelling unit within any zoning district.

D. Youth center buffer. Pursuant to its authority under California Business and Professions Code Section 26054, the City hereby establishes a zero-foot (0') radius buffer for youth centers for Adult-Use Cannabis Businesses licensed under this Chapter; therefore, there is no buffer distance requirement for youth centers for Adult-Use Cannabis Business within the City.

(ORD-24-0024 § 1, 2024; ORD-23-0026 § 1, 2023; ORD-22-0015 § 4, 2022; ORD-21-0021 § 1, 2021; ORD-18-0015 § 6(Exh. F), 2018)

A. If the Director of Financial Management has deemed an application complete, any Adult-Use Cannabis Business may continue the application process unaffected if the proposed premises becomes non-compliant with the buffers in subsections (1) through (4) of Section 5.92.420.A due to the establishment of any sensitive use.

B. A permittee pursuant to this Chapter may continue to operate unaffected if the permitted premises becomes non-compliant with the buffers in subsections (1) through (4) of Section 5.92.420.A due to the establishment of any sensitive use, so long as an Adult-Use Cannabis Business Permit remains valid.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

The distance between a proposed premises and any sensitive use, as set forth in subsections (1) through (4) of Section 5.92.420.A, shall be determined by the horizontal distance measured in a straight line from the site boundary of the sensitive use to the closest site boundary of the site on which the proposed premises is to be located, without regard to intervening structures.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Except as otherwise provided in this Chapter, the premises of two (2) or more Commercial Cannabis Businesses proposed on the same site or within the same cannabis facility shall be granted approval only if:

1. All of the proposed Commercial Cannabis Businesses and their operation from the same site or cannabis facility are authorized by both local and applicable State law and regulations; and

2. Every Commercial Cannabis Business within said cannabis facility or on any one site operates from a separate premises and property address.

B. Commercial Cannabis Businesses issued permits for multiple permit types at the same physical address shall maintain clear separation between permit types unless otherwise authorized by local and State law.

C. Two (2) or more permitted premises may share a common lobby, common interior walkway, or common interior hallway and bathroom(s), wherein no permitted privileges will be exercised, provided that all premises comply with the requirements of this Chapter and any applicable State laws and regulations.

D. Commercial Cannabis Businesses shall obtain all necessary local and State licenses and permits, and land use approvals from local and State agencies for each type of commercial cannabis activity proposed at every separate premises.

E. Commercial Cannabis Businesses shall ensure the requirements set forth in this Code for each type of commercial cannabis activity and every separate premises are satisfied, including all parking requirements.

F. Except for Commercial Cannabis Businesses authorized by the State to operate as a Type 12 Microbusiness, Commercial Cannabis Businesses shall only conduct one (1) type of commercial cannabis activity per permitted premises. Commercial Cannabis Businesses intending to apply with the State for, and operate as, a Type 12 Microbusiness State license shall obtain a separate permit for every type of commercial cannabis activity on the proposed premises.

G. The City may allow one (1) permittee to conduct both adult-use and medicinal commercial cannabis activities from the same permitted premises if:

1. The requirements of this Section are satisfied; and

2. The permittee holds both an Adult-Use Cannabis Business Permit and a Medical Marijuana Business Permit for the identical type of commercial cannabis activity at the same premises.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Exterior business identification signage for every Adult-Use Cannabis Business shall conform to the requirements of State law and this Code, including, but not limited to, Title 21 of this Code and California Business and Professions Code, Chapter 15 ("Advertising and Marketing Restrictions") of Division 10.

B. 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. Business identification signage is discouraged for Adult-Use Cannabis Businesses that are not open to the public.

C. Exterior signage for one (1) Commercial Cannabis Business issued permits for two (2) or more commercial cannabis activities at the same physical address shall be cumulative; one (1) business identification sign shall represent all uses.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Where applicable, every Adult-Use Cannabis Business shall implement fire prevention measures on the premises in compliance with Title 18 of this Code, including but not limited to, fire sprinkler systems, fire alarm systems, fire extinguishers, and gas detections systems.

B. The Adult-Use Cannabis Business shall obtain all necessary permits for any fire prevention systems installed at the premises and/or cannabis facility from the Long Beach Fire Department.

C. A minimum of a one (1) hour fire barrier shall be maintained between every premises of a Commercial Cannabis Business and any adjacent business that is not engaged in commercial cannabis activity or that is not a Commercial Cannabis Business.

D. Every premises shall be fully separated from any other premises where commercial cannabis activities are conducted by walls that extend from floor to underneath the roof with five-eighths inch (5/8") drywall on both sides. All doors and windows separating commercial cannabis activities shall be one (1) hour rated.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Washing facilities. Every premises shall have:

1. Hand-washing facilities designed to ensure an employee's hands do not pose a source of contamination to products, surfaces, or packaging materials. Hand-washing facilities shall also be convenient and furnish hot running water running water of at least 100°F;

2. Effective hand-cleaning (liquid soap) and disposable paper towel or suitable drying devices;

3. Three (3) compartment utensil washing facilities;

4. Bathrooms; and

5. Mop sinks with hot and cold running water.

B. Adequate lighting. Cannabis facilities shall have adequate lighting in the following areas: hand-washing areas; dressing and locker rooms; toilet facilities; all areas where components or cannabis goods are examined, trimmed, harvested, manufactured, processed, packed, or held; and in all areas where equipment or utensils are cleaned.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Permit required. Every Adult-Use Cannabis Business shall obtain a cannabis public health permit prior to the establishment or operation of any adult-use commercial cannabis activity and in addition to any other applicable permits and licenses required pursuant to State and local law to engage in adult-use commercial cannabis activity.

B. Application and fees required. To obtain a cannabis public health permit, every Adult-Use Cannabis Business shall file an application with the City Health Officer, on a form provided for that purpose, and pay a nonrefundable cannabis public health permit fee established by resolution of the City Council. The City Health Officer may request additional documentation and information as deemed necessary for the Adult-Use Cannabis Business to demonstrate compliance.

C. Permit provisions.

1. All cannabis public health permits are valid for twelve (12) months from the date of issuance and may be renewed annually.

2. Every cannabis public health permit is valid only for the person, premises, and type of commercial cannabis activity specified in the permit. Cannabis public health permits are not transferable upon change of ownership or relocation of the premises.

3. Every premises where commercial cannabis activities occur within the same cannabis facility requires a separate cannabis public health permit.

4. All public health permits and licenses shall be posted in a conspicuous place within the premises.

D. Permit renewals.

1. An application for renewal of any cannabis public health permit shall be submitted to the City Health Officer at least sixty (60) business days prior to the expiration date of the current cannabis public health permit, but no more than one-hundred and twenty (120) calendar days prior to the expiration of the current cannabis public health permit.

2. An Adult-Use Cannabis Business that does not obtain a renewed cannabis public health permit by the end of the business day of the expiration date shall discontinue operation of the Adult-Use Cannabis Business until a new cannabis public health permit is issued.

3. Any cannabis public health permit that has not been renewed by the annual renewal date will not be valid and is deemed inactive.

4. Denial of applications or renewals. The City Health Officer may deny an application or renewal application for a cannabis public health permit for any reason enumerated in Section 5.92.1540 of this Chapter.

E. Permit suspension or revocation.

1. Any cannabis public health permit issued under this Chapter may be suspended or revoked by the City Health Officer for any violation of the requirements of this Chapter, this Code, or State or local laws or regulations.

2. Any premises, or portion of a premises, for which the cannabis public health permit has been suspended or revoked shall close, cease doing business, and remain closed until the cannabis public health permit has been reinstated or reissued by the City Health Officer.

3. Whenever the City Health Officer finds the operation of any Adult-Use Cannabis Business does not comply with the requirements of this Chapter or State or local laws or regulations, a written notice to comply, that contains a required compliance date, shall be issued to the Adult-Use Cannabis Business.

4. If the Adult-Use Cannabis Business fails to comply within the specified time, the City Health Officer may issue a written notice setting forth the acts or omissions with which the Adult-Use Cannabis Business is charged, and informing the Adult-Use Cannabis Business of a right to a hearing, if requested, to show cause why the cannabis public health permit should not be suspended or revoked.

5. Notice requirements for an Adult-Use Cannabis Business's request for an appeal, and the suspension or revocation of a cannabis public health permit shall be governed by the provisions of Division IX of this Chapter. No person shall conduct any activity regulated by this Section after a cannabis public health permit for such activity has been revoked or during the time a cannabis public health permit therefor has been suspended.

(ORD-22-0015 § 4, 2022; ORD-21-0023 § 3, 2021; ORD-18-0015 § 6(Exh. F), 2018)

A. Adult-Use Cannabis Businesses shall have a Community Relations Liaison designated at all times, who shall be twenty-one (21) years of age or older. Any Co-Located Cannabis Business or Commercial Cannabis Business conducting two (2) or more commercial cannabis activities within the same cannabis facility shall designate one (1) Liaison for the site.

B. The Liaison shall be responsible for receiving and responding to all concerns and complaints made to the City regarding the Adult-Use Cannabis Business and for making a good faith attempt to promptly address all concerns and resolve all complaints.

C. The Liaison shall respond by phone or e-mail within forty-eight (48) hours of any complaint(s) or concern(s) reported by a City official.

D. The Liaison's name and contact information shall be:

1. Publicly available, such as, available to any individual upon request, on the Adult-Use Cannabis Business's website, marketing material, or the technology platform used by the Adult-Use Cannabis Business.

2. Provided to the City Manager prior to operation of the business and within forty-eight (48) hours of a designation of a new Liaison.

3. Provided to all neighboring businesses located within one-hundred feet (100') of the permitted premises or cannabis facility, as measured in a straight line without regard to intervening structures, between the front doors of each establishment prior to opening.

4. Posted conspicuously, and in a conspicuously visible font size, on the main entry doors to the business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Every Adult-Use Cannabis Business shall maintain a copy of its City permit and State license on display during business hours and in a conspicuous place so that the City permit and State license may be readily seen by all persons entering the premises.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Individuals under twenty-one (21) years of age shall not be allowed on the premises of any Adult-Use Cannabis Business, except as pertaining to the sale of cannabis for medicinal use by a Dispensary to a medical patient or primary caregiver who is at least eighteen (18) years of age.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Except as otherwise provided for in this Chapter and Chapter 5.90 of this Code for Dispensaries, no direct sales of cannabis goods to the public may occur upon a permitted premises of a Distributor, Cultivator, Manufacturer, or Testing Laboratory.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. All advertisements and marketing, including off-site advertising signs, on-premises signs, labels, and billboards by an Adult-Use Cannabis Business shall comply with this Chapter, Title 21 of this Code, any regulations implemented by the State or any of its divisions or departments, and California Business and Professions Code Chapter 15 ("Advertising and Marketing Restrictions") of Division 10.

B. Not attractive to children. Advertisements and marketing may not be designed to appeal to children or encourage children to consume cannabis goods, contain any false or misleading statements, or make any misrepresentations.

C. Billboard advertising and marketing.

1. No person shall place, establish, keep, allow, maintain, or locate any advertisement or marketing for cannabis goods on any billboard located within a one thousand foot (1,000') radius of a public park, day care center, or public or private school (as defined in California Health and Safety Code Section 11362.768(h)).

2. The City hereby establishes a zero-foot (0') radius buffer for youth centers and playgrounds for any advertisements or marketing of cannabis goods on a billboard within the City by a Commercial Cannabis Business; therefore, there are no buffer distance requirements for youth centers or playgrounds for billboards advertising or marketing cannabis goods within the City.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Obligation to comply. When managing cannabis goods, chemicals, hazardous or dangerous waste, Adult-Use Cannabis Businesses are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.

B. The sale of cannabis waste is prohibited.

C. Storage of cannabis waste. All cannabis waste shall be stored in a secured waste receptacle or in a secured area on the permitted premises. For the purposes of this section, "secure waste receptacle" or "secured area" means that physical access to the receptacle or area is restricted to the permittee, employees of the permittee, or by the local agency or local agency franchised or contracted waste hauler only. Public access to the designated receptacle or area shall be strictly prohibited.

D. Before removing any cannabis waste from the premises for disposal, the Adult-Use Cannabis Business shall render cannabis goods unusable and unrecognizable in compliance with State and local laws or regulations.

E. Records of cannabis waste. Every Adult-Use Cannabis Business shall maintain accurate and comprehensive records at the premises regarding cannabis waste that accounts for, reconciles, and provides evidence of, all activity related to the generation and disposal or deposition of cannabis waste.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Every Adult-Use Cannabis Business shall implement adequate ventilation system and odor control filtration measures to prevent odors from inside the cannabis facility from being detected outside the cannabis facility.

B. Certification of system. A licensed professional engineer shall certify that the system is capable of preventing odors from inside the cannabis facility from being detected outside the cannabis facility. The design of the ventilation and filtration system shall be based on industry-specific best control technologies and best management practices to effectively mitigate cannabis odors. The system shall use a range of odor mitigation practices to control odor-emitting activities, sources, and locations.

C. Training and maintenance. The Adult-Use Cannabis Business is responsible for regular maintenance to ensure the system remains functional and shall implement staff training procedures regarding use and maintenance of the system.

D. Records. All records relating to odor management shall be made available upon verbal or written request of the City Health Officer, including but not limited to:

1. Odor complaints received, actions taken by the business, and responses to the complaint; and

2. System installation, maintenance, and any equipment malfunctions.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Every Adult-Use Cannabis Business shall take reasonable steps to discourage persons on the Site of the permitted premises, and within any parking areas under the control of the Adult-Use Cannabis Business, from engaging in illegal, criminal, or nuisance activities. For purposes of this Section, "illegal, criminal, or nuisance activities" includes, but is not limited to, disturbances of the peace, public intoxication, drinking alcoholic beverages in public or on the site of the permitted premises, smoking or ingesting cannabis goods in public or on the site of the permitted premises, illegal drug activity, vandalism, obstruction of the operation of a another business, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, or any other behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, or businesses.

B. Loitering prohibited. Loitering is prohibited on or around the premises or any area under control of the Adult-Use Cannabis Business. Adult-Use Cannabis Businesses shall prevent individuals from remaining on the premises or site of the Adult-Use Cannabis Business if they are not engaging in an activity directly related to the permitted operations of the Adult-Use Cannabis Business.

C. Property maintenance. The site, premises, and all associated parking areas, including the adjacent area under the control of the Adult-Use Cannabis Business and any sidewalk or alley, shall be maintained in an attractive condition and shall be kept free of obstruction, trash, litter, and debris.

D. Graffiti. Adult-Use Cannabis Businesses shall remove graffiti from the premises within forty-eight (48) hours of its occurrence.

E. Nuisances. Commercial cannabis activity shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, vibration, or other negative impacts, and shall not be hazardous due to use or storage of materials, processes, products, chemicals, or wastes. Commercial Cannabis Activity shall not adversely affect health, safety, or welfare of any persons engaged in the operation of the Adult-Use Cannabis Business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Adult-Use Cannabis Businesses shall comply with all recordkeeping requirements, as set forth in this Chapter, California Business and Professions Code Section 26000 et seq., and all applicable regulations implemented and enforced by the State or any of its departments and divisions.

B. Every owner and operator of an Adult-Use Cannabis Business shall maintain legible, clear, adequate, and accurate books, records, and documentation, demonstrating that all cannabis goods have been obtained from, and are provided to, other State licensees, and shall detail all of the revenues and expenses of the business, and all of its assets and liabilities on the premises. All records shall be in English.

C. All required records shall be stored, preserved, and maintain on the premises for a minimum of (7) years. Mandatory records shall be stored in a secured area where the records remain protected from debris, moisture, contamination, hazardous waste, fire, or theft. Electronic records shall be secured and backed up in a manner that prevents unauthorized access and that ensures the integrity of the records is maintained.

D. Adult-Use Cannabis Businesses shall maintain a current register of the names and the contact information (including the address, e-mail address and telephone number) of anyone owning or holding an interest in the Adult-Use Cannabis Business, and separately a register of all the officers, managers, employees, responsible persons, and volunteers currently employed or otherwise engaged by the Adult-Use Cannabis Business. The register required by this subsection shall be provided to the City Manager upon a verbal or written request.

E. Point-of-sale inventory control and reporting system.

1. Adult-Use Cannabis Businesses shall maintain a point-of-sale software inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis goods for all stages of the growing, production, manufacturing, laboratory testing, distribution processes, sale, transfer, purchase, receipt, and delivery of cannabis goods, as set forth in California Business and Professions Code Section 26000 et seq. and any regulations implemented thereunder.

2. The software shall be capable of producing electronic shipping manifests, tracking all cannabis inventory in possession of the Adult-Use Cannabis Business, promptly identifying any discrepancy in the stock, and tracking cannabis from the customer back to its source in the event of a serious adverse event.

3. The system shall have the capability to produce historical transactional data for review by the City.

F. Track-and-Trace.

1. Tracking inventory. Adult-Use Cannabis Businesses shall promptly comply with any track-and-trace system requirements established by the State or any of its departments and divisions.

2. Every Adult-Use Cannabis Business is responsible for the accuracy and completeness of all data and information entered into the track-and-trace system. Data entered into the track-and-trace system shall be accurate. Inaccuracies in the track-and-trace system, if not corrected, may result in an enforcement action against the Adult-Use Cannabis Business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Breaches of security. Every Adult-Use Cannabis Business shall notify the City Manager and the Long Beach Police Department in writing, within twenty-four (24) hours after discovering any of the following:

1. Significant discrepancies identified in inventory.

2. Suspected diversion, theft, loss, or any other criminal activity pertaining to the operation of the Adult-Use Cannabis Business and cannabis goods.

3. Discovering diversion, theft, loss, or any other criminal activity by any individual authorized to engage in the operation of the Adult-Use Cannabis Business and pertaining to the operations of the business.

4. The loss or unauthorized alteration of records related to cannabis goods, customers, or employees of the Adult-Use Cannabis Business.

5. Any other breach of security.

6. All written notifications regarding a breach of security shall include the date and time of occurrence of theft, loss, or criminal activity and a description of the incident including, where applicable, and the item(s) that were taken or lost.

B. Criminal acts.

1. Adult-Use Cannabis Businesses shall notify the City Manager in writing, either by mail or by electronic mail, of any felony conviction against any owner or manager of the Adult-Use Cannabis Business within forty-eight (48) hours of the conviction.

2. The written notification to the City Manager shall include the date of conviction, the court docket number, the name of the court in which the person was convicted, and the specific offense(s) for which the person was convicted.

C. Change in permit or license status.

1. Adult-Use Cannabis Businesses shall notify the City Manager in writing within ten (10) days, either by mail or by electronic mail, of any denial, suspension, modification, revocation, or expiration or any applicable State or local license and/or permit required for the operation of the Adult-Use Cannabis Business.

2. The written notification shall include the name of the agency involved, a written explanation of the proceeding or enforcement action, and the specific violation(s) that led to the discipline or revocation.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Every person that handles cannabis goods shall comply with the provisions of all relevant State and local laws regarding the storage, preparation, handling, packaging, preparation, distribution, and sale of food.

B. Employee health and handling cannabis goods.

1. To reduce the likelihood of foodborne disease transmission, individuals who are suffering from symptoms associated with acute gastrointestinal illness, or are known to be infected with a communicable disease that is transmissible through foodstuffs, are prohibited from handling cannabis goods until they are free of that illness or disease, or are incapable of transmitting the illness or disease through cannabis goods.

2. The City Health Officer has authority to exclude any Adult-Use Cannabis Business employee that handles cannabis goods from any Adult-Use Cannabis Business if the employee is diagnosed with an illness caused by an infectious agent, and the employee is either symptomatic and still considered infectious, or is not experiencing symptoms of the illness associated with that agent but is still considered infectious.

3. For purposes of this Section, "illness caused by an infectious agent" means a condition caused by any of the following infectious agents: Hepatitis A virus; Salmonella typhi; Salmonella spp; Shigella spp; Entamoeba histolytica; Enterohemorrhagic or shiga toxin producing Escherichia coli; Norovirus; and any other communicable diseases that may be transmitted to others through the handling of cannabis goods.

4. The Adult-Use Cannabis Business may remove a restriction placed on an employee upon the resolution of symptoms, as reported by an employee, if the employee states that he or she no longer has any symptoms of an acute gastrointestinal illness.

5. Only the City Health Officer may remove exclusions or restrictions, or both, related to diagnosed illnesses due to infectious agents specified in this Section after the City Health Officer provides a written clearance stating that the excluded or restricted employee is no longer considered infectious.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Every Adult-Use Cannabis Business shall store currency and cannabis goods, including all living cannabis plants, in a manner that prevents diversion, theft, loss, hazards, contamination, and nuisances.

B. Cannabis goods shall be stored separate and apart from employee break rooms, changing facilities, or bathrooms.

C. Except for limited amounts of cannabis goods used for display purposes, samples, or immediate sale, cannabis goods that do not require refrigeration, and currency, shall be stored in a limited-access area, such as a secured and locked safe room, or in a locked safe or vault, that is secured to the structure of the cannabis facility.

D. Any refrigerator, refrigerated storage, or freezer used for storage of cannabis products shall be locked and secured to the structure of the cannabis facility in a limited-access area.

E. All extractions, concentrates, infusions, components, and edible cannabis products intended for human consumption and capable of supporting the growth of undesirable microorganisms shall be refrigerated at temperatures of 41°F continually, unless otherwise approved by the City Health Officer. Adult-Use Cannabis Businesses shall follow the Manufacturer's requirements for safe storage of such cannabis products.

F. Refrigeration equipment standards. All refrigerators, refrigerated storage, or freezers used for commercial cannabis activity under this Chapter shall:

1. Meet National Sanitation Foundation (NSF) or American National Standards Institute (ANSI) standards or an equivalent.

2. Be equipped with an NSF thermometer or temperature-recording device that is accurate to plus or minus 2°F and installed in a location to indicate the air temperature in the warmest part of the unit and to be readily visible.

3. Be approved by the City Health Officer prior to use.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Cannabis goods may not be sold or transferred to a Dispensary, or released for retail sale, unless a representative sample of the cannabis goods have undergone and passed all testing pursuant to California Business and Professions Code Section 26000 et seq. and any applicable regulations implemented and enforced by the State or any of its divisions or departments.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Internal quality assurance testing. Notwithstanding any of the provisions of this Chapter, an Adult-Use Cannabis Business may conduct internal quality assurance testing of any cannabis goods as part of its reasonable business operations. This provision shall not be interpreted to authorize or permit cross-licensing of a Laboratory with any other type of permit under this Chapter or with respect to State law.

B. Quality assurance testing by the City.

1. The City Health Officer may collect and analyze samples or specimens of cannabis goods, including any living cannabis plants and any components used in cannabis products, from any premises during business hours, or any reasonable time, without notice and at no cost to the Health Department, to verify compliance with State and local laboratory testing, packaging, and labeling requirements for cannabis goods.

2. The City Health Officer shall provide the Adult-Use Cannabis Business with a receipt or documentation for any samples or specimens of cannabis goods collected from an Adult-Use Cannabis Business prior to leaving the permitted premises. A copy of the results of the sample analysis shall be provided to the Adult-Use Cannabis Business.

3. The City Health Officer may take any enforcement action necessary to protect the health, safety, and welfare of the public depending on the testing results and analysis of the sample(s) or specimen(s) of cannabis goods collected at a permitted premises.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. When the City Health Officer has evidence that cannabis goods in possession of an Adult-Use Cannabis Business are adulterated or misbranded, the City Health Officer may notify and order the Adult-Use Cannabis Business to immediately cease any commercial cannabis activity related to all cannabis goods that have been identified as being potentially adulterated or misbranded.

B. Upon confirmation from the State, including any of its departments or divisions, that the identified cannabis goods are adulterated or misbranded, the City Health Officer may issue orders to the Adult-Use Cannabis Business regarding the required movement, segregation, isolation, or destruction of the adulterated or misbranded cannabis goods, and may order those to be held in place, embargoed, or quarantined.

C. It is unlawful for any person to move, or allow to be moved, any cannabis goods that are subject to an order to quarantine, embargo, or hold cannabis goods in place unless that person has first obtained written authorization from the City Health Officer and/or State Department of Public Health.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Every Adult-Use Cannabis Business shall implement security measures to prevent unauthorized entrance into areas containing cannabis goods and currency, prevent the theft of cannabis goods and currency from the premises, and to protect the physical safety of employees in compliance with this Chapter, State law, and any regulations implemented and enforced by the State or any of its divisions or departments. These security measures shall include, but shall not be limited to, all of the provisions of this Subdivision.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Adult-Use Cannabis Businesses shall establish limited-access areas accessible only to authorized employees of the Adult-Use Cannabis Business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

All employees of an Adult-Use Cannabis Business shall display or wear a laminated or plastic-coated identification badge at all times while engaging in commercial cannabis activity, including during transport and delivery of cannabis goods. At a minimum, the identification badge shall include:

A. The Adult-Use Cannabis Business's "doing business as" name, City permit number, and State license number;

B. The first name of the individual;

C. Any employee number exclusively assigned to that individual for identification purposes; and

D. A color photograph of the individual that clearly shows the full front of the individual's face that is at least one inch (1") in width and one and a half inches (1.5") in height.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Adult-Use Cannabis Businesses shall implement procedures for safe and secure transportation and delivery of cannabis goods and currency in accordance with State and local laws and regulations.

B. Adult-Use Cannabis Businesses shall have an area of the premises designed for the secure transfer of cannabis goods from the cannabis facility to a vehicle for transportation or delivery, wherever possible.

C. Any individual or employee transferring cannabis goods from a cannabis facility to a vehicle for transportation or delivery shall be accompanied by a security escort during the transfer, if the cannabis facility does not have an area designed for the secure transfer of cannabis goods from the cannabis facility to a vehicle for transportation or delivery.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Every Adult-Use Cannabis Business shall implement an operational digital video surveillance system at the premises that meets or exceeds the following criteria:

1. The digital video surveillance system with a minimum video camera resolution of 1280 × 1024 pixels.

2. Each video surveillance camera shall record continuously twenty-four (24) hours per day, seven (7) days a week, and at a minimum of fifteen (15) frames per second (FPS).

3. The location and position of each camera shall be capable of recording images of the area under surveillance, in any light condition, to allow facial feature identification of persons in the following locations on the premises:

a. In interior and exterior areas where cannabis goods or currency are present at any given time.

b. In the immediate interior and exterior areas of doors, windows, or other avenues of potential access.

c. Areas open to the public, including a full view of public right-of-way and any parking lot under the control of the Adult-Use Cannabis Business.

d. Point-of-sale locations and areas where cannabis goods are displayed for sale at a Dispensary, including but not limited to, a retail area.

e. Any other areas as required by this Chapter, State law, or any regulations implemented and enforced by the State or any of its divisions or departments.

B. Each camera shall be permanently mounted and in a fixed location and, to the extent reasonably possible, shall be installed in a manner that prevents intentional obstruction, tampering with, and/or disabling the camera.

C. All video surveillance equipment shall have sufficient battery backup to support a minimum of four (4) hours of recording in the event of a power outage.

D. Every video surveillance system shall be equipped with a failure notification system that provides prompt notification to the Adult-Use Cannabis Business of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

E. Surveillance video recordings shall clearly and accurately display the date and time. Time is to be measured in accordance with the United States National Institute of Standards and Technology standards for the Pacific Time zone.

F. Security notice required. The permitted premises shall have a sign posted in a conspicuous place near each monitored area on the interior and exterior of the premises and shall not be less than twelve inches (12") wide and twelve inches (12") long, composed of letters not less than one inch (1") in height, stating "All Activities Monitored by Video Camera" or "This Premises is Being Digitally Recorded," or otherwise advising all persons entering the premises that a video surveillance and camera recording system is in operation at the premises and recording all activity as provided in this Chapter.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Surveillance recordings of every Adult-Use Cannabis Business are subject to inspection by the City Manager, or any City Manager designee, without a search warrant, court order, or subpoena. The Adult-Use Cannabis Business shall send, or otherwise provide, copies of the recordings immediately upon verbal request or within a time specified by the City Manager.

B. Secure storage. To prevent tampering or theft, all surveillance recordings and monitoring equipment shall be kept in a secure limited-access area of the permitted premises.

C. At a minimum, every Adult-Use Cannabis Business shall maintain the following security records at the premises:

1. Surveillance video recordings shall be maintained for a minimum of ninety (90) days and on an IP-configurable Digital Video Recorder (DVR) capable of producing a still photograph in color from any live or recorded camera image at the premises and capable of exporting the images in TIFF, BMP, or JPG format.

2. A map of the camera locations, the direction of camera coverage, and assigned camera numbers.

3. Surveillance equipment maintenance activity logs and operating instructions for the surveillance equipment.

4. A user authorization list of individuals who have access to the surveillance system, including, but not limited to, the secured area for recording and monitoring equipment and physical media and surveillance recording storage devices.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Every Adult-Use Cannabis Business shall implement an operational security alarm system at the premises that meets or exceeds the following criteria:

A. The security alarm system shall be operated, maintained, monitored by, and responded to by a security company staffed twenty-four hours (24) a day, seven (7) days a week and licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.

B. The security alarm system shall include sensors to detect all points of entry and exit, from all limited-access and secured areas, all roof hatches, and all windows.

C. Every Adult-Use Cannabis Business shall obtain a security alarm system permit pursuant to Chapter 5.12 of this Code.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Every Adult-Use Cannabis Business shall secure the following areas using commercial-grade, non-residential door locks, roof hatches, and window locks in a manner that prevents free and unauthorized access:

A. All points of ingress and egress to a premises.

B. Limited-access areas.

C. Areas where cannabis goods, living cannabis plants, cannabis waste, and currency are stored and/or present at any given time.

D. Areas where surveillance equipment and records are stored.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Any security barriers installed on the windows or the doors of the premises shall be installed only on the interior of the building and in compliance with all City Building, Zoning, and Fire Codes. Security bars are discouraged for all Adult-Use Cannabis Businesses and shall not be minimally visible from the public right-of-way.

B. Security barriers shall meet the following criteria:

1. Only open grill design security systems located on the inside of the building shall be permitted on elevations visible from the street.

2. Open grill design security systems shall be primarily transparent with not less than seventy-five percent (75%) visibility from the street.

3. Solid roll-down security doors are prohibited unless part of a vehicle loading bay.

4. Interior security gates shall be opened and fully retracted during the hours of operation.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Every Adult-Use Cannabis Business shall have the capability to remain secure during a power outage. Adult-Use Cannabis Businesses shall also ensure that all access doors on the premises are not solely controlled by an electronic access panel, to ensure that locks are not released during a power outage.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. From a public right-of-way, there shall be no exterior evidence of cannabis goods, graphics depicting cannabis goods, or commercial cannabis activity, except for any signage authorized by this Code. Premises located within PD-30 shall also be designed to comply with Downtown Pedestrian-Oriented transparency standards (if applicable), whereby clear, nonreflective display windows or doors shall comprise at least sixty percent (60%) of the ground-floor street façade of active, pedestrian-oriented uses.

B. Exterior lighting. Every Adult-Use Cannabis Business shall implement exterior lighting security measures including, but not limited to:

1. All exterior light fixtures shall be vandal resistant, installed on exterior walls, and shall be the type of fixture with proper cut-offs to avoid any light pollution, including but not limited to, urban sky glow, light trespass, glare, and clutter.

2. Exterior lighting shall clearly illuminate the building address, all parking, driving, and walking surfaces, exterior doors, and all window areas during the hours of darkness.

3. Any broken or burned out lights shall be replaced within seventy-two (72) hours.

(ORD-23-0026 § 2, 2023; ORD-22-0015 § 4, 2022; ORD-21-0021 § 2, 2021; ORD-18-0015 § 6(Exh. F), 2018)

The nature and operations of Adult Use Cannabis Businesses have the potential to result in building design changes that represent a departure from typical building appearances. The following criteria is intended to minimize impacts to neighborhood character caused by building design changes resulting from remodeled and new premises for Adult-Use Cannabis Business and commercial cannabis activities:

A. Building Design must meet any applicable criteria in Title 21 of this Code, Specific Plans, or Planned Developments.

B. Any blank building facade on an existing industrial or commercial building over twenty-five feet (25') visible from the street shall be prohibited and must incorporate architectural features, such as building plane breaks, three-dimensional elements, transparent windows, doors, changes in color and materials and landscaping that result in a building with articulation.

C. Windows.

1. On any new commercial or industrial building elevation fronting the street, windows shall comprise at least thirty percent (30%) of the ground floor building elevation. On all other ground floor elevations visible from the street, windows shall comprise at least twenty-five percent (25%) of the building elevation.

2. Existing buildings located on public right of ways classified as neighborhood connectors or greater, with elevations visible from the public right of way, shall maintain a minimum window area of at least twenty-five percent (25%) of said building elevation when incorporated with other architectural features and treatments.

3. An identifiable entrance to the cannabis facility shall be visible from the street.

4. Windows along the street-facing frontage shall be transparent. Such glass should be clear with an exterior daylight reflectance of not more than eight percent (8%).

5. Where feasible, the storefront window shall provide visibility to the tenant space. Where visibility to the tenant space by means of the storefront window is not feasible due to security needs of the permittee's operation, the creation of a storefront window display may be permitted. Alternatively, storefront windows may be constructed of bullet resistant glass.

6. Window display areas shall have a minimum depth of at least forty-two inches (42"), not including walls. Display windows shall be permitted for up to one-hundred percent (100%) of the building storefront window area. The window display area shall be maintained with a creative attractive window display including but not limited to display of artwork, non-cannabis plants, and the like.

7. Notwithstanding the foregoing requirements of Section 5.92.765(C), premises located within PD-30 shall be designed to comply with Downtown Pedestrian transparency standards (as applicable), whereby clear, nonreflective display windows or doors shall comprise at least sixty percent (60%) of the ground-floor street façade of active, pedestrian-oriented uses.

(ORD-23-0026 § 3, 2023; ORD-22-0015 § 4, 2022; ORD-21-0021 § 3, 2021; ORD-20-0012 § 1, 2020; ORD-18-0015 § 6(Exh. F), 2018)

A. Cannabis goods shall not be consumed by any individual on the premises of an Adult-Use Cannabis Business. The term "consumed" includes, but is not limited to, vaporizing, inhaling, ingesting, smoking, eating, or otherwise introducing cannabis goods into the human body.

B. Adult-Use Cannabis Businesses shall post a sign in a conspicuous place near the interior entrance to the premises, that shall be visibly posted with a clear and legible notice with the following language: "Smoking, vaporizing, ingesting, or consuming cannabis, cannabis products, tobacco, or alcohol on these premises, or in their vicinity, is prohibited and a violation of the Long Beach Municipal Code."

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

No person shall cause or permit the sale, dispensing, storage, distribution, or consumption of alcohol or tobacco products on or about the premises of an Adult-Use Cannabis Business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Adult-Use Cannabis Businesses shall not:

A. Permit a physician to evaluate existing or potential medicinal cannabis patients on its premises by any means, or permit a physician to provide a physician's recommendation on its premises, including, but not limited to: a physician that provides evaluations or recommendations in-person from the permittee's site or on-site via the internet, or a physician that provides recommendations via the internet, fax, electronic means, or by any other means from the permittee's site.

B. Enter into an agreement with, employ, provide, or offer to provide, any form of remuneration to, a physician who provides physician's recommendations for medicinal cannabis.

C. Advertise or market services for a physician who provides physician's recommendations for medicinal cannabis.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Weapons and firearms are prohibited on the premises of an Adult-Use Cannabis Business. This provision does not apply to public officials engaged in official duty or uniformed security personnel or patrol hired or contracted by an Adult-Use Cannabis Business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

The use of generators by any Adult-Use Cannabis Business is prohibited, except as short-term temporary emergency back-up systems.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

No outdoor storage of cannabis goods is permitted at any time.

(ORD-22-0015 § 4, 2022; ORD-21-0023 § 4, 2021; ORD-18-0015 § 6(Exh. F), 2018)

Editor's note— ORD-21-0023 §§ 4—6, adopted July 13, 2021, deleted former § 5.92.860 entitled "Subletting prohibited," which derived from ORD-18-0015 § 6(Exh. F), of 2018, and further amended the Code by renumbering §§ 5.92.870 and 5.92.880 as §§ 5.92.860 and 5.92.870, as herein set out.

Drive-through services or walk-up window services where cannabis goods are sold, or made available to any person, that are operated in conjunction with any Adult-Use Cannabis Business are prohibited.

(ORD-22-0015 § 4, 2022; ORD-21-0023 § 5, 2021; ORD-18-0015 § 6(Exh. F), 2018)

Note— See Editor's Note above.