11.13 through 8-11.16 and 8-11.27. — Novato Municipal Code

Upon receipt of a complete application for a CCBP, the city manager shall ascertain whether the applicant has satisfied all of the conditions precedent to issuance of the CCBP specified in this section. Except in unusual circumstances, the city manager shall complete the inspection and investigation within 60 days of receiving the applicant's complete application.

The city manager's inspection and investigation shall include a review of the relevant documents and the proposed business location to ensure that the commercial cannabis business and its applicant have satisfied all of the applicable criteria set forth in this section and the code.

If the city manager cannot approve the CCBP, the city manager will provide written notice of the reasons therefor ("CM's Report") to the applicant within 15 working days of the determination. The city manager's decision is appealable pursuant to sections 8-11.20 and 8-11.21.

Issuance of a CCBP does not create a land use entitlement. No property interest, vested right or entitlement to receive future permits to operate a commercial cannabis business shall ever inure to the benefit of the holder of a CCBP as such permits are limited in duration, revocable and upon renewal must comply with all applicable laws then in effect. The CCBP shall expire on the earlier of: (1) the end of the term of the cognate zoning clearance or other land use entitlement; or, (2) twenty-four months from the date of the CCBP's issuance,

unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a CCBP, (i) unless all of the state and local laws and regulations, including but not limited to the requirements of this section and of the CCBP, have been complied with, and (ii) until a state license is available and obtained by the permitted operator as set forth in section 8-11.6.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.13 City Business License. Prior to commencing operations and prior to issuance of a CCBP, a commercial cannabis business shall obtain a city business license. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11- 12-2019)

8-11.14Building Permits and Inspections. Prior to commencing operations and prior to issuance of a CCBP, a commercial cannabis business shall be subject to a mandatory building and fire 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. This includes building permits, county health permits and other zoning or land use or utility permits or approvals. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.15 Certification from the Community Development Director. Prior to commencing operations and prior to issuance of a CCBP, a commercial cannabis business must obtain a certification from the community development director or designee, certifying that the business has secured all necessary land use permits and is located on a site that meets the requirements of sections 19.12.030 and 19.34.066. (Ord. No. 1655, § II, 11- 12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.16 Right to Occupy and to Use Property. As a condition precedent to the city's issuance of a CCBP pursuant to this section, any person intending to open and operate a commercial cannabis business shall provide sufficient evidence of its/his/her legal right to occupy and to use the proposed location. In the event the proposed location will be leased from a property owner, the Proposer shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this section and consents to the operation of the commercial cannabis business on the owner's property. The property shall be identified sufficiently to verify the premises is consistent with the premises identified in the proposal and with state license applications. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.17 Revocation of Permits. CCBPs may be revoked for violation of any (i) law and/or rule, regulation and/or standard adopted pursuant to state law and/or local law, including, but not limited to, this section, (ii) condition or term made part of the awarding of the CC or the issuance of the CCBP, (iii) condition or term made part of the zoning clearance or other permit or entitlement granted to the proposer, and/or (iv) term or condition of any agreement entered into between the proposer and the city. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.18 Effect of State License Suspension, Revocation or Termination.

Suspension of a license issued to a commercial cannabis business by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of that commercial cannabis business to operate with the city, until the state, or its respective department or division, reinstates or reissues the state license. Should the state, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also immediately revoke or terminate that business' CCBP and CC and the ability of that commercial cannabis business to operate within the city. At the

city manager's discretion, the cannabis business owner may re-apply for a CC and later a CCBP at such time as it can demonstrate that the grounds for revocation by the state no longer exist, or that the underlying deficiency has otherwise been cured. Any such re-application will be subject to all the provisions and payment of fees applicable to proposals for CCs and CCBPs.

Suspension of a CCBP issued to a commercial cannabis business by the City of Novato shall immediately suspend the ability of that commercial cannabis business to operate within the city, until such time as the city reinstates or reissues the license. Should the city, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business for violations of this ordinance or any related regulations established by resolution, such revocation or termination shall immediately revoke or terminate business' ability to operate within the City of Novato. At the city manager's discretion, the cannabis business owner may re- apply for a CC and later a CCBP at such time as it can demonstrate that the grounds for suspension, termination or revocation of the license no longer exist, or that the underlying deficiency has otherwise been cured. Any such re-application will be subject to all the provisions and payment of fees applicable to proposals for CC's and CCBP's. The city manager's decision regarding whether the owner may re-apply is appealable to the city council.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.19 Appeals. Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this section from a decision of the city manager or designee(s), the appeal shall be conducted as prescribed in this section, specifically, pursuant to sections 8-11.20 and 8-11.21. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.20 Written Request for Appeal.

Within ten calendar days after the date of a decision of the city manager or designee to revoke, suspend or deny a permit, or to add conditions to a permit, the aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

At the time of filing the appeal, the appellant shall pay the designated appeal fee, established by resolution of the city council from time to time.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.21 Appeal Hearing Process.

Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set by the city.

The appeal shall be held within a reasonable time after date of filing, but in no event later than 45 working days from the date of filing. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing.

At the hearing, the appellant may present any information s/he/it deems relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.

The decision of the council shall be final and shall be memorialized in a written decision.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.22 Change in Location; Updated Registration Form.

Any time an owner wishes to change the location of any cannabis activities specified in the CCBP, the owner must apply for and obtain a CC, and thereafter, a CCBP pertinent to the new location. The process and the fees applicable to this procedure shall be the same as the process and fees set forth in sections 8-11.10 and 8- 11.16.

Within 15 calendar days of any other change in the information provided in the proposal or any change in status of compliance with the provisions of this section, including any change in the commercial cannabis business ownership or management members, the owner shall file an updated information form with the city manager or designee(s) for review along with a registration amendment fee. In addition, to the extent any other provisions of this section pertain to such changes, the owner shall be required to comply with those provisions.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.23 Transfer of Commercial Cannabis Business Permit.

The Owner of a CCBP shall not transfer ownership or control of the CCBP to another person or entity unless and until the transferee obtains an amendment to the CCBP from the city manager or his/her designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager or his/her designee in accordance with all provisions of this section (as though the transferee were applying for an original CC and CCBP). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the city council (or if not set, shall be the same amount as the proposal fee).

The city manager or his/her designee shall conduct a hearing to determine whether the transferee passed the background check required for permittees and meets all other requirements of this section.

The CCBP issued through the grant of a transfer by the city manager or his/her designee shall be valid for a period of two years beginning on the day the city manager or his/her designee approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this section in the event the transferee desires to have its CCBP renewed.

Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51 percent of the original ownership), must be approved by the city manager or his/her designee through the transfer process set forth in this section. Failure to comply with this provision is grounds for permit revocation.

A permittee may change the form of business entity without applying to the city manager or his/her designee for a transfer of permit, provided that either:

(1)

The membership of the new business entity is substantially similar to original permit holder business entity (at least 51 percent of the membership is identical), or

(2)

The original permittee is an unincorporated association mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA and in compliance with section 8-11.12, the individual(s) listed on the city proposal application of the original permittee entity is the same as board of directors of the new business entity.

Although obtaining permission to transfer is not required in these two circumstances, the permit holder is required to notify the city manager in writing of the change within ten days of the change. Failure to comply with this provision is grounds for permit revocation.

No CCBP may be transferred when the city manager or his/her designee has notified the permittee that the permit has been or may be suspended or revoked.

Any attempt to transfer a CCBP either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.

Decisions of the city manager pertaining to proposed transfers of the CCBP shall be appealable to the city council as provided for in sections 8-11.19 through 8-11.21.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.24 Location and Design of Commercial Cannabis Businesses.

The commercial cannabis businesses permitted to operate in the city as set forth in section 8-11.9(a) must be located in appropriately designated zoning areas as detailed in sections 19.12.030 and 19.14.030 of the code, as well as the locational criteria set forth in section 19.34.066 of the code. No commercial cannabis activity and no commercial cannabis business shall be allowed to operate in the city unless it is expressly identified and listed as a permitted or conditionally permitted use in chapter 19's use tables or elsewhere in chapter 19 of the code. In addition, no CC, CCBP, business license, building permit or certification from the community development director pursuant to section 8-11.15 may be awarded, issued or granted, as the case may be, for any commercial cannabis activity or commercial cannabis business that is not expressly identified and listed as a permitted or conditionally permitted use in chapter 19's use tables or elsewhere in chapter 19 of the code.

Each proposed commercial cannabis business project shall:

Conform with the city's general plan, any applicable specific plans, master plans, and design requirements.

Comply with all applicable zoning and related development standards.

Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

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

Be served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate. Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purposes.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.25 Limitations on City's Liability. To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to having issued a CCBP pursuant to this section or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any CCBP, the proposer/applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:

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 CCBP, the city's decision to approve the operation of the commercial cannabis business or activity, the process used by the city in making its decision, the operation of the commercial cannabis business or activity, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents. The indemnity obligation arising under this paragraph does not include any claims arising out of gross negligence or willful misconduct by the city, its officers, officials, employees, representatives or agents.

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

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 CCBP, or related to the city's approval of a commercial cannabis activity. 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 the applicant of any of the obligations imposed hereunder.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.26 Records and Recordkeeping.

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 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-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 and fees 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).

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, 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 reasonable request.

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 production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA.

Each commercial cannabis business shall allow city officials access to the business's books, records and accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination for purposes of determining compliance with this section, applicable law and the CCBP. Books, records, accounts, and any and all relevant data or documents will be produced or made available at a location specified by the city no later than 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. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.27 Security Measures. A permitted commercial cannabis 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 commercial cannabis business. All commercial cannabis businesses shall comply with additional requirements detailed in the regulations. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.28 Restriction on Alcohol and Tobacco Sales.

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

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

No person shall consume cannabis, cannabis products, tobacco or alcohol on the premises of any commercial cannabis business. For purposes of this section, "premises" means the designated structure or structures and land specified in the proposal or application that is owned, leased, or otherwise held under the control of the proposer, 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.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.29 Fees and Charges.

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 activity. Fees and charges associated

with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.

All commercial cannabis businesses authorized to operate under this section 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 commercial cannabis business' books and records pursuant to section 8-11.26 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.

Prior to operating in the city and as a condition of issuance of a CC or CCBP, the owner or operator of each cannabis facility shall enter into an operational or community benefit agreement with the city setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this section, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.30 Operating Requirements for Out of City Delivery Services. Prior to commencing operations, a cannabis out-of-city delivery service shall comply with the following requirements:

Obtain a permit from the city acknowledging/authorizing the delivery of cannabis and cannabis products within the city limits. A copy of this permit shall be retained by all drivers.

The retail business operating the delivery service shall provide the city manager with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function.

The retail business operating the delivery service shall furnish to the city manager the year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis and cannabis products.

The retail business operating the delivery service shall apply for and obtain a city business license, and in that connection, shall pay all applicable sales and license taxes unless otherwise exempt from doing so.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.31 Cannabis Deliveries. Deliveries within the city limits shall only be permitted by persons that have a cannabis delivery permit issued by the chief of police, in consultation with the city manager or his/her designee. Any other cannabis delivery is prohibited. This permit can be issued either to a business located outside the city or can be included as part a CCBP issued to a cannabis retail or dispensary operation (collectively, these businesses shall be sometimes referred to herein as "cannabis delivery businesses").

Application. All of the information and stipulations listed below shall be supplied by the operator of a cannabis business providing delivery services to the chief of police. No commercial cannabis business may deliver cannabis or cannabis products to any person situated within the city's limits until and unless the chief of police, in consultation with the city manager or his/her designee, issues a cannabis delivery permit to that business. If the permit is denied, the applicant may appeal the decision of the chief of police to the city council, pursuant to section 8-11.19, appeals.

Fees. An administrative review fee deposit as adopted in the city's fee schedule shall submitted to the city along with the cannabis delivery permit to be used to cover the cost of all needed staff time, consultant costs and other resources utilized in vetting the cannabis delivery permit.

Cannabis delivery permits shall be subject to the following standards:

Each cannabis delivery business owner, as well as each employee shall submit specific personal information including names, birth dates, addresses, social security numbers, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last ten years, investor or partner information, and electronic fingerprint images and related information as required by the chief of police, in consultation with the city manager and his/her designee for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests. A mandatory criminal background check will be conducted. All confidential information shall be held in a confidential file, exempt from disclosure as a public record pursuant to Government Code Section 6255(a).

Cannabis delivery businesses shall provide to the chief of police a list of all vehicles to be used for delivery of cannabis and cannabis products, including each vehicle's make, model, year, license plate number and vehicle identification number. The cannabis delivery business shall update the list prior to any vehicle being added to or removed from service and provide that updated list to the chief of police on the same day the vehicle change is made.

Cannabis delivery businesses shall adhere to best practices in terms of handling currency as established by the chief of police, in consultation with the city manager or his/her designee.

Cannabis delivery businesses shall ensure that all delivery vehicles shall be in possession of a copy of all licenses and permits required by the State of California and the city.

All vehicles used by cannabis delivery businesses to deliver cannabis and/or cannabis products shall not be marked or otherwise identified with advertisements, the name of the cannabis delivery business, or any other distinctive markings associated with cannabis.

Cannabis delivery businesses shall only deliver cannabis directly to the residence or business address of the designated recipient; deliveries to any other location are prohibited.

Cannabis delivery businesses shall deliver cannabis or cannabis products only between the hours of 8:00 a.m. and 10:00 p.m.

Cannabis delivery businesses shall only deliver cannabis or cannabis products to persons 21 years of age or older, or a person 18 years of age or older who possesses a physician's recommendation for medicinal use only.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.32 Permissible Delivery Locations and Customers. Cannabis delivery businesses located inside or outside of the city which are permitted to engage in delivery of cannabis and cannabis products inside the City of Novato are subject to the following, additional requirements:

A licensed cannabis delivery business shall not deliver cannabis or cannabis products to an address located on publicly owned land or any address on land or in a building leased by a public agency.

A licensed cannabis delivery business shall comply with all requirements of state and local law pertaining to the business' operations and all subsequent policies, procedures and regulations which may be promulgated by the city manager from time to time.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.33 Fees Deemed Debt to the City of Novato. The amount of any fee, cost or charge imposed pursuant to this section shall be deemed a debt to the City of Novato that is recoverable via an authorized administrative process as set forth in the Code, or in any court of competent jurisdiction. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.34 Permit Holder Responsible for Violations. The person to whom a CCBP is issued pursuant to this section shall be responsible for all violations of the laws and regulations of the State of California or of the

regulations and/or the ordinances of the City of Novato, whether committed by the owner, permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business and whether or not said violations occur within the permit holder's presence. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.35 Inspection and Enforcement.

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

It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not 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 section 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 section or under state or local law.

The city manager, or his/her designee(s) charged with enforcing the provisions of this section may enter the commercial cannabis business at any time during the hours of operation, with or without notice for purposes of inspection of the premises and business records.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.36 Promulgation of Regulations, Standards and Other Legal Duties.

In addition to any regulations adopted by the city council, the city manager or his/her designee is authorized to establish and develop any additional rules, regulations, forms and standards governing the issuance, denial or renewal of CCBP, 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 section.

Regulations will be published on the city's website.

Regulations promulgated by the city manager shall become effective upon date of publication after first being approved by the city council. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the city manager or his/her designee.

(Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.37 Compliance with State Regulations. It is the stated intent of this section to regulate commercial cannabis activity in the city in compliance with all provisions of MAUCRSA and any subsequent state legislation. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.38 Violations Declared a Public Nuisance. Each and every violation of the provisions of this section, and of any regulations established by resolution and promulgated pursuant to this section, is hereby deemed unlawful and a public nuisance. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.39 Each Violation a Separate Offense. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures available to and authorized by the City of Novato. Additionally, as a nuisance per se, any violation of this section shall be subject to injunctive relief, and any permit issued in violation of this section shall be deemed null and void. The City of Novato 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 CCBP issued by the city, pending a hearing before the city manager, or his/her designee(s). (Ord. No. 1655, § II, 11- 12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.40 Criminal Penalties. Each and every violation of the provisions of this section may in the discretion of the district attorney or city attorney be prosecuted as an infraction or a misdemeanor and, in the case of an infraction, upon conviction be subject to a fine not to exceed the amounts specified in California Government Code Section 36900(b) and, in the case of a misdemeanor, upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment for a period of not more than six 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. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.41 Remedies Cumulative and Not Exclusive. 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. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-12 - Short-Term Rental Licensing Program.

8-12.1 Purpose and Intent. Short Term Rentals as defined in the Program documents and as may be amended or superseded, must obtain a Short Term Rental license from the City as a condition precedent to renting all or a portion of a dwelling unit. The procedures, requirements and basis upon which said licenses may be issued and revoked and Short Term Rentals may be operated are set forth and are subject to the policies and procedures specified in the Novato City Council's "Short-Term Rental Licensing Program Eligibility Standards, Licensing Procedures and Operational Parameters" ("Program") as adopted and amended from time to time by city council resolution, and all Short Term Rentals shall comply with such policies and procedures. (Ord. No. 1668, § II, 2-23-2021)

8-12.2 Violations a public nuisance; penalties, nuisance abatement, and other remedies. Any Short Term Rental operated, conducted or maintained contrary to the provisions of this Section and/or the Program shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in

addition to any other judicial and administrative penalties and remedies available to the City under Sections 1- 5, 1-6 and 1-7 of this Code. (Ord. No. 1668, § III, 2-23-2021)