Mendota Municipal Code Ch. 8.37 Commercial Cannabis Businesses

It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons in need of and provide access to cannabis for medicinal purposes as recommended by their health care provider(s), as well as provide access to adult use cannabis, while imposing sensible regulations on the use of land to protect the city's residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution, and transportation of cannabis, cannabis products, medicinal cannabis, and medicinal cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the city and to enforce rules and regulations consistent with state law. The provisions of this chapter are in addition to any other permits, licenses, and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses, and approvals required under state, city, or other law.

(Ord. No. 19-06, § 4, 6-11-2019)

When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

"Bureau" means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.

"Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It also means the separated resin, whether crude or purified, obtained from cannabis. It includes medicinal cannabis, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, the sterilized seed of the plant which is incapable of germination, or "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Cannabis products" has the same meaning as in Section 11018.1 of the Health and Safety Code.

"Cannabis retail business" means a business where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the city authorizing the operation of a retailer, and a valid state A-license or M-license as required by state law to operate a retailer.

"Canopy" means the designated area(s) at a licensed premise, except nurseries, that will contain mature plants at any point in time.

(1) Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries;

(2) Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which include, but are not limited to: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

"Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

"Chief of police" means the chief of police of the city of Mendota, or his or her designee(s).

"City" means the city of Mendota.

"City manager" means the city manager of the city of Mendota, or his or her designee(s).

"Code" means the Mendota Municipal Code.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products by an operator who has a license issued by the state.

"Commercial cannabis business" means any business or operation which engages in commercial cannabis activity.

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

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Cultivation site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

"Cultivator" means a person holding a valid commercial cannabis business permit for cultivation issued by the city, and a valid state license for cultivation.

"Customer" means a natural person twenty-one (21) years of age or over or a natural person eighteen (18) years of age or older who possesses a physician's recommendation.

"Day care center" has the same meaning as in Section 1596.76 of the Health and Safety Code.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. It also includes the use by a retailer of any technology platform owned and controlled by the retailer. Delivery must be part of a store-front retailer.

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

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

"Distributor" means a person holding a valid commercial cannabis business permit for distribution issued by the city, and, a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.

"Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

"Greenhouse" means a fully enclosed permanent structure that is clad in transparent material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation.

"Harvest batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals and harvested at the same time.

"Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container.

"License" means a license issued by the state to engage in commercial cannabis activity, and includes both an A-license and an M-license, as well as a testing laboratory license.

"Licensee" means any person holding a state license, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.

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

"Live plants" means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

"M-license" means a state license issued for commercial cannabis activity involving medicinal cannabis.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Manufacturer" means a licensee with a valid commercial cannabis business permit that conducts the production, preparation, propagation, or compounding 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 at a fixed location that packages or repackages cannabis or cannabis products or labels or container.

"Microbusiness" means the cultivation of cannabis on an area less than ten thousand (10,000) square feet, by an entity authorized to act as a licensed distributor, Level 1 manufacturer, and retailer under state law, provided such licensee can demonstrate compliance with all requirements imposed by state law on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1 of the Business and Professions Code.

"Operation" means any act for which licensure is required under the provisions of state law or any commercial transfer of cannabis or cannabis products.

"Owner" means any of the following:

(1) A person with an aggregate ownership interest of twenty (20) percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance;

(2) The manager of a nonprofit or other entity;

(3) A member of the board of directors of a nonprofit; or

(4) An individual who will be participating in the direction, control, or management of the person applying for a license or who has a financial interest in the business other than a fixed lease of real property.

"Patient" or "qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Physician's recommendation" means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

"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 unless the operator is granted an M-license and an A-license for the same type of activity and such operation is lawful under state and local laws, rules and regulations.

"Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.

"Testing laboratory" means a laboratory, facility, or entity with a commercial cannabis business permit 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 cannabis activity in the state;

(2) Licensed by the bureau.

"Transport" means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent state of California legislation regarding the same.

"Youth center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which may have play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music or similar studio of this nature nor shall it include any private athletic training facility, pizza parlor, dentist office or doctor's office primarily serving children.

(Ord. No. 19-06, § 4, 6-11-2019)

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

(Ord. No. 19-06, § 4, 6-11-2019)

This chapter is intended to implement state law. Every cannabis retail business and commercial cannabis business must comply with all applicable state and local laws.

(Ord. No. 19-06, § 4, 6-11-2019)

It shall be unlawful for any person in or upon property located within the city to engage in, conduct or carry on (or to permit to be engaged in, conducted or carried on) commercial cannabis operations unless the person:

(1) Has applied for and entered into a development agreement with the city;

(2) Has a valid commercial cannabis business permit from the city;

(3) Has a valid state license for the business's cannabis activity;

(4) Has a valid conditional use permit;

(5) Is currently in compliance with all applicable state and local laws;

(6) Has a cannabis business license tax certificate.

(Ord. No. 19-06, § 4, 6-11-2019)

A. Prior to operating in the city and as a condition of issuance of a conditional use permit for commercial cannabis operations, each commercial cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq. with the city setting forth the terms and conditions under which the commercial cannabis business will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as set forth in subsection (C) of this section, and such other terms and conditions that will protect and promote the public health, safety, and welfare. Further procedures and minimum standards for a development agreement may be enacted by resolution of the city council.

B. The planning commission shall make a recommendation to the city council on whether to approve a development agreement submitted to it by city staff. The city council shall make a final decision on whether to approve a development agreement recommended to the city council by the planning commission.

C. Development agreements shall include a provision requiring the payment of a public safety impact mitigation fee based on a pro-rata share of projected annual enforcement costs for commercial cannabis businesses within the city.

D. All cannabis businesses operating pursuant to a development agreement shall be subject to any applicable taxes approved by the voters.

(Ord. No. 19-06, § 4, 6-11-2019)

A. Application Process.

1. Completed development agreement applications shall be submitted via U.S. Mail or in person to City Hall, located at 643 Quince St, Mendota, CA 93640, with attention to the city manager.

2. Completed development agreement applications shall be submitted during the development agreement application submittal period (the "submittal period"), which shall be established by resolution of the city council. The city council may by resolution establish one or more submittal periods, as necessary to implement the provisions of this chapter.

3. Applicants are required to submit one unbound and two bound copies of the complete application, including all appendix and/or attachments. Applicants are also required to submit the complete application on either a USB thumb drive or CD.

4. Development agreement applications must be submitted in accordance with the requirements set forth in subdivision (B) herein, and with the required cost recovery deposit, which shall be established by resolution of the city council.

5. The city manager shall review development agreement applications for completeness within thirty (30) days after the end of the submittal period.

6. Within sixty (60) days after the end of the submittal period, development agreement applications shall be scored by an independent five-member application evaluation committee, selected by the city manager. The city shall employ blind scoring, whereby the identities of the owners will not be revealed, when the written proposals are scored by the application evaluation committee in accordance with the criteria set forth in the guidelines. No individual reviewing applications for completeness may participate in the selection of applicants by the application evaluation committee.

7. The top two scoring development agreement applicants for all authorized license-types shall be placed on the qualified applicant list maintained by the city manager. Upon conclusion of any appeal of the selections made by the application evaluation committee, or the appeal period if no appeal is filed, the applicants on the qualified application list shall be notified that they are invited to submit an application for a conditional use permit.

8. Applicants applying for more than one license type, or more than one location may not combine their application submittal package. A separate independent application must be submitted for each license type.

B. Application Format.

1. Application shall be limited to seventy-five (75) pages, including all responses, appendix, tables, etc. The page total does not include the applicant/owner information form or proof of payment, but does include the cover letter. Any submittal pages beyond this requirement will not be considered. Double-sided pages count as two pages.

2. Twelve (12) point font shall be used in the narrative portions of the application. All pages shall measure 8.5" x 11" and all pages are to be numbered in sequential order.

C. Application Contents. Development agreement applications shall include all required information set forth below and shall be provided (and labeled) in the application in the same order as shown below:

1. Location of Proposed Cannabis Business. Proposed commercial cannabis businesses may only operate in a location where such land uses will be consistent with the provisions of Title 17 of this code.

2. Evidence of Owner Consent. Evidence that the applicant has consent of the owner of the property to operate a commercial cannabis business at the proposed location. A real estate letter of intent ("RELOI") to lease or buy from an authorized party, a lease, an option to lease or purchase and ownership are acceptable forms of control. Letters of interest of any kind shall not be accepted. RELOIs, lease options and leases must clearly and specifically state that the RELOI, lease option or lease is for the type of establishment listed in the proposal. The RELOI, lease option or lease must be for two years or longer.

3. Statement of Qualifications. Describe applicant's qualification relative to the application, and experience running businesses similar to the one proposed, including cannabis and/or non-cannabis businesses. Applicants should also provide a plan demonstrating a minimum percentage of locally hired employees and proposed recruitment strategies for new hires.

4. Business Implementation. Provide verifiable, detailed descriptions and other background information for owners, key personnel and staff of the business, including the estimated number of employees to be hired in the first year, second year, third year, fourth year and fifth year and hourly wages for each employee. Describe other resources, including financial resources, dedicated to implement this proposal.

5. Understanding and Approach. Provide a statement demonstrating the business' understanding and approach to running the business and how that approach will integrate the business into the community in which it is located. This section shall include the following:

i. Description of day-to-day operations to meet industry best practices for the specific type of license in which applying for in the city.

ii. Description of how and where inventory will be kept, including the specific manner of securing the inventory, and how records will be maintained.

iii. Description of how any transaction information including patient records, reports, manifest and any other documents will be stored.

iv. Description of how medical and adult-use will be tracked and monitored to prevent diversion.

v. Description of applicant's practices for preventing deterioration of any cannabis goods held by the applicant, including any practices for responding to product recalls.

vi. Description of applicant's practice for transfer/transport of cannabis products to and from premises.

vii. Description of method(s) that will be used to dispose of unused cannabis.

viii. A schedule for beginning operations, including a narrative outlining any proposed construction, improvements, and a timeline for completion.

ix. Description of any environmentally-friendly business practices relating to energy and climate, water conservation and materials/waste storage.

x. Description of the method(s) by which the applicant will mitigate any potentially adverse impact, such as loitering, graffiti, traffic, light, odor or noise, on surrounding property owners.

xi. Site Plan. A scaled premises diagram showing the boundaries of the property and proposed premises with all boundaries, dimensions, entrances and exits, interior partitions walls, labeling of each room, windows and common shared entryways. If the proposed premises consist of only a portion of the property, the diagram shall be labeled indicating which part of the property is the proposed premises and what the remaining property is used for. A floor plan shall also be included.

xii. Business Plan. A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the source and uses of funds.

xiii. Air Quality Management Plan. Must demonstrate that air circulation does not impact employee health and welfare, those surrounding the business, and surrounding outdoor areas.

xiv. If the application is for a retail business with delivery services:

1. Description of the process to ensure driver and patient safety.

2. Description of the process to verify delivery is to a qualified purchaser and to a qualified location

3. Description of the process to track and maintain communication with the delivery person at all times

4. Description of the process to verify deliveries and provide accurate manifest for audit purposes.

5. Local Ownership and Community Benefit. Describe the business plan, if any, to maximize local ownership and community benefit.

(Ord. No. 19-06, § 4, 6-11-2019)

A. Each proposed commercial cannabis business shall:

1. Be within a fully enclosed building and must not be visible from the public right-of-way.

2. Conform to the general plan, any applicable specific plans, master plans, and design requirements.

3. Comply with all applicable zoning and related development standards.

4. Be constructed in a manner that prevents odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. Odors from the commercial cannabis business shall not be detectable from outside the premises. Best available odor control technology shall be utilized.

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

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

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

8. Each applicant shall provide a neighborhood responsibility plan so the review authority may find that the proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.

B. Each proposed commercial cannabis business shall:

1. Demonstrate compatibility with the surrounding character of the neighborhood and blend in with existing buildings. The establishment should look like any other similarly situated building.

2. Comply with all applicable zoning and related development standards including, but not limited to, parking, lighting, materials, and colors.

3. Signage, as described below, 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.

(Ord. No. 19-06, § 4, 6-11-2019)

A. All cannabis retail businesses must be located on property zoned C-3 (Central Business and Shopping) and must meet all of the requirements for development in that zone.

B. All properties in which the cannabis retail business is located shall be no closer than five hundred (500) feet from any parcel containing any of the following:

1. A cannabis retail business.

2. A school providing instruction for any grades pre-school through twelve (12) (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).

3. A day care center licensed by the state department of social services that is in existence at the time a complete commercial cannabis business permit application is submitted.

4. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.

(Ord. No. 19-06, § 4, 6-11-2019; Ord. No. 19-09, § 3, 9-10-2019)

Editor's note— Ord. No. 21-07, § 2, adopted May 25, 2021, repealed § 8.37.100, which pertained to limit on number of retail cannabis businesses permitted to operate and derived from Ord. No. 19-06, § 4, adopted June 11, 2019.

A. Cannabis shall not be consumed by any person on the premises of any commercial cannabis business.

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

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

D. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business or cannabis retail business. No outdoor storage of cannabis or cannabis products is permitted at any time.

E. Commercial cannabis businesses shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. Cannabis retail businesses and commercial cannabis businesses shall ensure that such information is compatible with the city's record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager or his/her designee(s) prior to being used by the permittee.

F. All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with state and local laws.

G. Commercial cannabis businesses shall provide the city manager or his/her designee(s) with the name, telephone number (both landline and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

H. Signage.

1. Business identification signage shall conform to the requirements of this code.

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

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

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

5. Signage shall not be directly illuminated, internally or externally. No banners, flags, billboards or other prohibited signs may be used at any time.

I. Minors.

1. Except as provided below, persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a delivery service. It shall be unlawful and a violation of this chapter for any person to employ any person who is not at least twenty-one (21) years of age.

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

3. Persons at least eighteen (18) years old shall be allowed on the premises of a medicinal cannabis retail business to purchase medicinal cannabis or medicinal cannabis products. The entrance to a medicinal cannabis retail business shall be clearly and legibly posted with a notice that no person under the age of eighteen (18) is permitted to enter upon the premises of the medicinal cannabis retail business.

J. Best available odor control technology and devices shall be incorporated in a commercial cannabis business to ensure that odors from cannabis are not detectable off-site. A sufficient odor absorbing ventilation and exhaust system shall be provided so that odor generated inside the premises that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis retail business or commercial cannabis business. The following equipment, or any other equipment which the city manager or his/her designee(s) determine is a more effective method or technology, must be installed and maintained:

1. An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally;

2. An air system that creates negative air pressure between the premises' interior and exterior, so that the odors generated inside the premises are not detectable outside the premises.

K. The original copy of the commercial cannabis business permit issued by the city and the city-issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public.

L. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.

M. Community Relations.

1. Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the commercial cannabis business.

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

3. Each commercial cannabis business or cannabis retail business shall develop a city-approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth use of cannabis, and that identifies resources available to youth related to drugs and drug addiction.

N. The commercial cannabis business shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public. The premises shall not be maintained in a manner that causes a public or private nuisance. Litter must be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the cannabis retail business or commercial cannabis business; these areas must be swept or cleaned, either mechanically or manually, on a weekly basis to control debris; upkeep and operating characteristics must be compatible with abutting properties and the surrounding neighborhood.

(Ord. No. 19-06, § 4, 6-11-2019)

A. General.

1. Cannabis retail businesses, including delivery of cannabis, may operate between the hours of 6 :00 a.m. and 10:00 p.m. Other non-sales related activities germane to the business may take place on premises after hours.

2. There shall not be a physician located on the premises, or available through electronic means, such as video conference, at any time for the purpose of evaluating patients for the issuance of a cannabis recommendation or card where applicable.

3. Prior to dispensing cannabis or cannabis products to any person, the cannabis retail business shall verify the age of each customer.

4. Entrances shall be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area. Individuals must show their identification in order to gain access into the retailer.

5. A cannabis retail business may have only that quantity of cannabis and cannabis products readily available to meet the daily demand for sale on-site in the retail sales area of the premises.

6. All restroom facilities shall remain locked and under the control of management.

7. Delivery vehicles shall be unmarked vehicles with no indication that the vehicles are transporting cannabis or cannabis products.

B. Security Measures.

1. A permitted cannabis retail business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis retail business. Except as may otherwise be determined by the city manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:

i. Premises contain a secured lobby/trap room, where a customer first enters and awaits verification by the cannabis retail business that the customer is a qualified to purchase cannabis.

ii. Premises contain only one entrance which members of the public enter and exit.

iii. Premises shall have a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.

iv. Premises shall have perimeter security and lighting, including motion sensors, as approved by the chief of police.

v. Prevent individuals from remaining on the premises and nearby vicinity if they are not engaging in an activity directly related to the permitted operations of the cannabis retail business.

vi. Establish limited access areas accessible only to authorized cannabis retail business personnel.

vii. All cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriters Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products shall be kept in a manner as to prevent diversion, theft, and loss.

viii. Install twenty-four (24) hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis retail business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weatherproof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis retail business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the city manager or his/her designee(s), and that it is compatible with the city's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the city manager or his/her designee(s). Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the city manager or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis retail business, and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Mendota Police Department by the cannabis retail business, to facilitate remote monitoring of security cameras by the Mendota Police Department or its designee.

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

x. Panic buttons shall be installed with direct notification to Mendota Police Department dispatch, and shall be configured to immediately alert dispatch for the Mendota Police Department.

xi. Any bars installed on the windows or the doors shall be installed only on the interior of the building.

xii. Armed security personnel shall be on-site during operating hours. If armed security personnel are not on-site when the cannabis retail business is closed, a verified response security patrol shall be utilized. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his/her designee(s), with such approval not to be unreasonably withheld. Firearms shall be carried by security personnel at all times that they are on duty, except as otherwise authorized by the chief of police.

xiii. Premises shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

xiv. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the cannabis retail business; or (b) a licensed security professional.

xv. The interior must have at least one camera placed to focus on each transaction, to include the clerk as well as the customer waiting area. At least one camera should be focused on the entrance, and the camera view should clearly show an image of a color-coded height tape installed on the inside of the door jamb.

xvi. An accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.

xvii. Demonstrate to the chief of police, city manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products.

xviii. State of the art network security protocols in place to protect computer information and all digital data.

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

2. Each cannabis retail business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager or his/her designee(s) regarding any security related measures or operational issues. The designated security representative/liaison shall, on behalf of the cannabis retail business, annually prepare and submit to the chief of police a security plan for approval and maintain a copy of the current security plan on the premises, to present to a peace officer immediately upon request that meets the following requirements:

i. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of patrons.

ii. Identifies all managers of the cannabis retail business and their contact phone numbers.

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

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

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

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

3. Provide a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. For delivery, include provisions relating to vehicle security and the protection of employees and product during loading and in transit.

4. Cooperate with the city whenever the city manager or his/her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.

5. Notify the city manager or his/her designee(s) within twenty-four (24) hours after discovering any of the following:

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

ii. Diversion, theft, loss, or any criminal activity involving the cannabis retail business or any agent or employee of the cannabis retail business.

iii. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the cannabis retail business.

iv. Any other breach of security.

6. Compliance with the foregoing requirements shall be verified by the chief of police prior to commencing business operations. The chief of police may supplement these security requirements once operations begin, subject to review by the city manager if requested by the business owner.

(Ord. No. 19-06, § 4, 6-11-2019)

A. General.

1. Distributors may operate twenty-four (24) hours a day. Operations shall be subject to the provisions of the Noise Control Ordinance, Title 9, Chapter 9.05 of this code, as may be amended.

2. Distributor vehicles shall be unmarked vehicles with no indication that the vehicles are transporting cannabis or cannabis products.

3. Distributor shall comply with all applicable state standards and laws, including but not limited to, Section 26001 (r) of the Business and Professions Code, as may be amended.

B. Security Measures.

1. A permitted distributor shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products. Except as may otherwise be determined by the city manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:

i. Premises shall have a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.

ii. Premises shall have perimeter security and lighting, including motion sensors, as approved by the chief of police.

iii. Prevent individuals from remaining on the premises if they are not engaging in an activity directly related to the permitted operations of the distributor.

iv. Establish limited access areas accessible only to authorized personnel.

v. All cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriters Laboratories burglary-resistant and fire-resistant standards. All cannabis or cannabis products shall be kept in a manner as to prevent diversion, theft, and loss.

vi. Install twenty-four (24) hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces which are open and accessible to the public, all interior spaces where cannabis, cannabis products, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The distributor shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the city manager or his/her designee(s), and that it is compatible with the city's software and hardware. In addition, remote and realtime, live access to the video footage from the cameras shall be provided to the city manager or his/her designee(s). Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the city manager or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the distributor, and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Mendota Police Department by the distributor, to facilitate remote monitoring of security cameras by the department or its designee.

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

viii. Panic buttons shall be installed with direct notification to Mendota Police Department dispatch, and shall be configured to immediately alert dispatch for the Mendota Police Department.

ix. Any bars installed on the windows or the doors of the premises shall be installed only on the interior of the building.

x. Armed security personnel shall be on-site during all hours of operation or alternative security as authorized by the city manager or his/her designee(s). Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his/her designee(s), with such approval not to be unreasonably withheld. Firearms shall be carried by security personnel at all times that they are on duty, except as otherwise authorized by the chief of police.

xi. Premises shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

xii. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the distributor; or (b) a licensed security professional.

xiii. The interior must have at least one camera placed to focus on each transaction. At least one camera should be focused on the entrance, and the camera view should clearly show an image of a color-coded height tape installed on the inside of the door jamb.

xiv. An accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.

xv. Demonstrate to the chief of police, city manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products.

xvi. Have state of the art network security protocols in place to protect computer information and all digital data.

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

xviii. Identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager or his/her designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the distributor, annually prepare and submit to the chief of police a security plan for approval and maintain a copy of the current security plan on the premises of the business, to present to a peace officer immediately upon request that meets the following requirements:

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

2. Identifies all managers and their contact phone numbers.

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

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

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

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

7. As part of the application and permitting process each distributor shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The distributor shall stagger transportation times, vary routes from the premises, and take other security measures as requested by the chief of police.

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

9. Notify the city manager or his/her designee(s) within twenty-four (24) hours after discovering any of the following:

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

ii. Diversion, theft, loss, or any criminal activity involving the distributor or any agent or employee of the distributor.

iii. The loss or unauthorized alteration of records related to cannabis, or employees or agents of the commercial cannabis business.

iv. Any other breach of security.

5. Compliance with the foregoing requirements shall be verified by the chief of police prior to commencing business operations. The chief of police may supplement these security requirements once operations begin, subject to review by the city manager if requested by the business owner.

(Ord. No. 19-06, § 4, 6-11-2019)

A. General.

1. Cultivator may operate twenty-four (24) hours a day. Operations shall be subject to the provisions of the Noise Control Ordinance, Title 9, Chapter 9.05 of this code, as may be amended.

2. Cannabis plants shall not be visible from a public or private road, sidewalk, park, or any common public viewing area.

3. Cultivator shall only be allowed to cultivate the square feet of canopy space permitted by state law.

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

5. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

6. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

7. All applicants seeking a commercial cannabis business permit for cultivation uses shall submit the following in addition to the information generally otherwise required for a commercial cannabis business permit:

i. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light, or outdoor) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light, or outdoor).

ii. A description of a legal water source, irrigation plan, and projected water use.

iii. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes.

iv. Plan for addressing public nuisances that may derive from the cultivation site.

B. Security Measures.

1. A permitted cultivator shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis and cannabis products at the commercial cannabis business. Except as may otherwise be determined by the city manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:

i. Premises shall have a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.

ii. Premises shall have perimeter security and lighting, including motion sensors, as approved by the chief of police.

iii. Prevent individuals from remaining on the premises and nearby vicinity if they are not engaging in an activity directly related to the permitted operations of the cultivator.

iv. Establish limited access areas accessible only to authorized personnel.

v. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriters Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

vi. Install twenty-four (24) hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the business which are open and accessible to the public, all interior spaces where cannabis, cannabis products, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weatherproof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cultivators shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the city manager or his/her designee(s), and that it is compatible with the city's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the city manager or his/her designee(s). Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the city manager or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the cultivation site business, and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Mendota Police Department by the cultivator, to facilitate remote monitoring of security cameras by the Mendota Police Department or its designee.

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

viii. Panic buttons shall be installed with direct notification to Mendota Police Department dispatch, and shall be configured to immediately alert dispatch for the Mendota Police Department.

ix. Any bars installed on the windows or the doors shall be installed only on the interior of the building.

x. Armed security personnel shall be on-site during all hours of operation. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his/her designee(s), with such approval not to be unreasonably withheld. Firearms shall be carried by security personnel at all times that they are on duty, except as otherwise authorized by the chief of police.

xi. Premises shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

xii. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the cultivator; or (b) a licensed security professional.

xiii. The interior must have at least one camera placed to focus on each transaction. At least one camera should be focused on the entrance, and the camera view should clearly show an image of a color-coded height tape installed on the inside of the door jamb.

xiv. An accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.

xv. Demonstrate to the chief of police, city manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products.

xvi. State of the art network security protocols in place to protect computer information and all digital data.

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

xviii. Each cultivator shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager or his/her designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the cultivator, annually prepare and submit to the chief of police a security plan for approval and maintain a copy of the current security plan on the premises, to present to a peace officer immediately upon request that meets the following requirements:

1. Confirms that a designated manager will be on duty during business hours.

2. Identifies all managers and their contact phone numbers.

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

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

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

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

7. As part of the application and permitting process each cultivator shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.

8. Cooperate with the city whenever the city manager or his/her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.

9. Notify the city manager or his/her designee(s) within twenty-four (24) hours after discovering any of the following:

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

ii. Diversion, theft, loss, or any criminal activity involving the cultivator or any agent or employee of the cultivator.

iii. The loss or unauthorized alteration of records related to cannabis, or employees or agents of the commercial cannabis business.

iv. Any other breach of security.

5. Compliance with the foregoing requirements shall be verified by the chief of police prior to commencing business operations. The chief of police may supplement these security requirements once operations begin, subject to review by the city manager if requested by the business owner.

(Ord. No. 19-06, § 4, 6-11-2019; Ord. No. 21-05, § 2, 3-9-2021)

A. General.

1. Testing laboratories may operate twenty-four (24) hours a day. Operations shall be subject to the provisions of the Noise Control Ordinance, Title 9, Chapter 9.05 of this code, as may be amended.

2. Testing laboratories shall comply with all applicable state standards and laws. Standard operating procedures, as recommended by the bureau, must be followed.

3. Testing laboratories shall be required to conduct all testing in a manner pursuant to Business and Professions Code 26100 and shall be subject to any additional or subsequent state and local law.

B. Security Measures.

1. A permitted testing laboratory shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis and cannabis products. Except as may otherwise be determined by the city manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:

i. Premises shall have a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.

ii. Premises shall have perimeter security and lighting, including motion sensors, as approved by the chief of police.

iii. Prevent individuals from remaining on the premises if they are not engaging in an activity directly related to the permitted operations of the testing laboratory.

iv. Establish limited access areas accessible only to authorized personnel.

v. All cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriters Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products shall be kept in a manner as to prevent diversion, theft, and loss.

vi. Install twenty-four (24) hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces which cannabis, cannabis products, cash, or currency is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The distributor shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the city manager or his/her designee(s), and that it is compatible with the city's software and hardware. In addition, remote and realtime, live access to the video footage from the cameras shall be provided to the city manager or his/her designee(s). Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the city manager or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the testing laboratory, and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Mendota Police Department by the testing laboratory, to facilitate remote monitoring of security cameras by the department or its designee.

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

viii. Panic buttons shall be installed with direct notification to Mendota Police Department dispatch, and shall be configured to immediately alert dispatch for the Mendota Police Department.

ix. Any bars installed on the windows or the doors of the premises shall be installed only on the interior of the building.

x. Security personnel shall be on-site during all hours of operation or alternative security as authorized by the city manager or his/her designee(s). Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his/her designee(s), with such approval not to be unreasonably withheld.

xi. Premises shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

xii. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the testing laboratory; or (b) a licensed security professional.

xiii. The interior must have at least one camera placed to focus on each transaction. At least one camera should be focused on the entrance, and the camera view should clearly show an image of a color-coded height tape installed on the inside of the door jamb.

xiv. An accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.

xv. Demonstrate to the chief of police, city manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products.

xvi. Have state of the art network security protocols in place to protect computer information and all digital data.

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

xviii. Identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager or his/her designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the testing laboratory, annually prepare and submit to the chief of police a security plan for approval and maintain a copy of the current security plan on the premises of the business, to present to a peace officer immediately upon request that meets the following requirements:

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

2. Identifies all managers and their contact phone numbers.

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

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

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

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

7. As part of the application and permitting process each testing laboratory shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.

8. The testing laboratory shall cooperate with the city whenever the city manager or his/her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.

9. Notify the city manager or his/her designee(s) within twenty-four (24) hours after discovering any of the following:

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

ii. Diversion, theft, loss, or any criminal activity involving the testing laboratory or any agent or employee of the testing laboratory.

iii. The loss or unauthorized alteration of records related to cannabis, or employees or agents of the commercial cannabis business.

iv. Any other breach of security.

5. Compliance with the foregoing requirements shall be verified by the chief of police prior to commencing business operations. The chief of police may supplement these security requirements once operations begin, subject to review by the city manager if requested by the business owner.

(Ord. No. 19-06, § 4, 6-11-2019)

The city manager or his/her designee may develop other commercial cannabis activity operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

(Ord. No. 19-06, § 4, 6-11-2019)

Prior to commencing operations, a commercial cannabis business shall obtain a commercial cannabis business permit.

(Ord. No. 19-06, § 4, 6-11-2019)

Suspension of a license issued by the state shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the state reinstates or reissues the license. Should the state revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of the commercial cannabis business to operate within the city.

(Ord. No. 19-06, § 4, 6-11-2019)

Prior to commencing operations, a commercial cannabis business shall obtain a city business license.

(Ord. No. 19-06, § 4, 6-11-2019)

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone.

(Ord. No. 19-06, § 4, 6-11-2019)

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

B. Regulations shall be published on the city's website.

C. Regulations promulgated by the city manager shall become effective upon date of publication.

(Ord. No. 19-06, § 4, 6-11-2019)

A. Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the city, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelve (12) month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the city a financial audit of the business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the city manager or his/her designee(s).

B. Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business or cannabis retail business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the city manager or his/her designee(s) upon a reasonable request.

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

D. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each commercial cannabis business shall allow the city to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the city's request, unless otherwise stipulated by the city. The city may require the materials to be submitted in an electronic format that is compatible with the city's software and hardware.

(Ord. No. 19-06, § 4, 6-11-2019)

A. No person may commence or continue any commercial cannabis activity in the city without timely paying in full all fees and charges required for the operation of a commercial cannabis business. Fees and charges associated with the operation of a commercial cannabis business shall be established by resolution of the city council which may be amended from time to time.

B. All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business, and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Each commercial cannabis business shall cooperate with the city with respect to any reasonable request to audit the business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.

(Ord. No. 19-06, § 4, 6-11-2019)

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

A. They must execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the city, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of the commercial cannabis business permit or the alleged violation of any federal, state or local laws by the commercial cannabis business or cannabis retail business or any of its officers, employees or agents.

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

C. Reimburse the city for all costs and expenses, including but not limited to legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city's approval of the applicant's commercial cannabis business permit. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

(Ord. No. 19-06, § 4, 6-11-2019)

The person to whom a commercial cannabis business permit is issued pursuant to this chapter shall be responsible for violations of any laws, whether committed by the permittee or any employee or agent of the permittee, which occur in or about the premises of the commercial cannabis business or cannabis retail business.

(Ord. No. 19-06, § 4, 6-11-2019)

A. The city manager, or his/her designee(s) charged with enforcing the provisions of this chapter, may enter the location of a commercial cannabis business at any time, without notice, and inspect the premises as well as any recordings and records required to be maintained pursuant to this chapter under applicable provisions of state law.

B. It is unlawful for any person to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law.

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

(Ord. No. 19-06, § 4, 6-11-2019)

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

(Ord. No. 19-06, § 4, 6-11-2019)

Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the city. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business, or persons related to, or associated with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his/her designee(s), may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city.

(Ord. No. 19-06, § 4, 6-11-2019)

Each and every violation of the provisions of this chapter may in the discretion of the district attorney or city attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the county jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. No. 19-06, § 4, 6-11-2019)

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

(Ord. No. 19-06, § 4, 6-11-2019)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 19-06, § 4, 6-11-2019)

Neither this chapter, nor any other provision of this code or action, failure to act, statement, representation, certificate, approval, or permit issued by the city or its departments, or their respective representatives, agents, employees, attorneys, or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any commercial cannabis activity. Any benefit conferred by this chapter shall expire permanently and in full on the effective date of the city council's enactment of new cannabis legislation or upon repeal of this chapter. Should the city repeal or amend this chapter, no claim for loss of property rights or due process of any kind shall be maintained against the city.

(Ord. No. 19-06, § 4, 6-11-2019)

The city manager shall review the operation of this chapter within twelve (12) months of its effective date and report his/her findings and recommendations to the city council. After the initial twelve (12) month review, the city council shall annually review this chapter and its effects on the community.

(Ord. No. 19-06, § 4, 6-11-2019)