Port Hueneme Municipal Code Part C Dispensaries

In addition to all other requirements of an Operations Plan required by this Chapter, dispensary facilities must include the following in an Operations Plan approved by the Police Chief:

A. Except as otherwise provided, a facility can only be open for access to the public between the hours of 8:00 a.m. and 10:00 p.m.

B. It is unlawful for alcohol or tobacco to be sold within the facility. Further, it is unlawful for smoking, vaporization, ingestion or consumption of alcohol, tobacco or marijuana in any form, to occur on the premises of a facility, elsewhere on the same parcel, or in outdoor areas adjacent to the parcel (e.g., parking lots, walkways, sidewalks, streets, parks, etc.).

C. It is unlawful for cannabis or cannabis products or graphics depicting cannabis or cannabis products to be publicly visible from the exterior of the property. It is unlawful to store cannabis or cannabis products outside of the facility at any time.

D. All cannabis and cannabis products allowed to be sold or otherwise made available at a facility must be cultivated, manufactured, distributed and transported by licensed facilities that maintain operations in full conformance with State and local regulations including, without limitation, certification by a testing service as required by applicable law; provided, however, that this requirement may be waived for some designated period of time at the director's sole discretion if, due to timing issues and coordination with State requirements, it would be difficult or impossible to meet this requirement.

E. It is unlawful for a physician to be located in, or on the same parcel as, a facility at any time for the purpose of evaluating patients to issue a medical marijuana prescription or recommendation. A physician is neither required nor prohibited from being located in or on the same parcel as a facility operating solely as a nonmedical facility.

F. Before dispensing cannabis or cannabis products to any person, the facility must verify that the person possesses proof of identity, proving their identity as the patient specified in the recommendation or as the primary caregiver.

G. Each facility must provide the Police Chief, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

H. Except for employees of the facility, enforcement officials and incidental contractors, it is unlawful for any person to be allowed into any area of a facility where medical cannabis products are displayed and/or being offered for sale unless that person is a qualified patient or has a valid identification card (as defined in Section 3983), or is named as a designated primary caregiver on a valid identification card, together with proof of identity. It is unlawful for any person under the age of twenty-one (21) to be present in any area of a facility where nonmedicinal cannabis products are displayed and/or being offered for sale. A sign must be posted at each entrance to a sales/display area of the facility informing patrons of these restrictions. Proof of identity as a qualified patient is not required at a facility that is operated solely as a nonmedical commercial cannabis facility.

I. It is unlawful for any person under age twenty-one (21) to be present in any lobby or reception area of a facility unless the facility is being operated solely as a medical cannabis facility and that person is a qualified patient or primary caregiver and is accompanied by a parent or legal guardian.

J. It is unlawful for any person to employ any other person at a facility unless: (i) the person is at least twenty-one (21) years of age; and (ii) the person has passed any background check and employee registration process specified by Implementing Resolution.

K. Each entrance to a facility must be posted with a conspicuous notice stating that smoking, vaping, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the facility is prohibited.

L. Medical cannabis dispensaries can only dispense medical cannabis or cannabis products to a "person with a physician's recommendation," as defined in Section 3983, or a qualified patient, either of whom possesses proof of identity.

M. Cannabis and cannabis products for personal nonmedical use may not be displayed, dispensed or sold separately or in combination with a medicinal commercial cannabis activity at the same facility unless a separate Certificate of Approval is acquired for each such use.

N. Entrances into any area of a facility where cannabis products are displayed and/or being offered for sale must be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system must be utilized to limit access to such areas and to separate them from the outside and/or any adjacent reception/lobby area. The specifics of such entry system must be set forth in the operations plan.

O. Uniformed security personnel must be employed to monitor all entrances and exits of the facility and to serve as a visual deterrent to unlawful activities during all hours of operation. At least one (1) armed security guard must be present at the facility at all hours of operation. Every security guard employed by or provided by the facility must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the operations plan.

P. All restroom facilities serving a facility must remain locked and under the control of management.

Q. Odor control devices and techniques must be incorporated as needed in a facility to ensure that odors from marijuana are not detectable outside of the facility or in any tenant space or area adjacent to the facility.

R. It is unlawful for any person within a facility to provide cannabis or cannabis products to any individual in a quantity not consistent with personal use.

S. A facility cannot store more than two hundred dollars ($200.00) in cash reserves overnight on the premises except as may be otherwise provided in the operations plan incorporated as a condition of approval in the Certificate of Approval.

T. All law enforcement and code enforcement personnel seeking admission to the facility for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the Certificate of Approval holder and included within the operations plan.

U. All interior spaces of the facility which are open and accessible to the public (except restrooms), and all entrances and exits to and from the premises, must be monitored by twenty-four-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the operations plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of forty-five (45) days. The video surveillance system specifications must be set forth in the operations plan before the City issues a certificate of occupancy for the facility.

V. A facility must have a professionally installed, maintained, and monitored alarm system as approved through the operations plan.

W. A facility must maintain a valid business license as required by this Code.

X. All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Health and Safety Code Section 113700 et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Ventura County Department of Environmental Health may inspect the facility at any time during business hours to ensure compliance with this section.

Y. Except as otherwise provided by State law, State or City regulation or condition of approval, baked cannabis products (e.g., brownies, bars, cookies, cakes), tinctures, and other non-refrigerated items may be sold at a facility.

Z. A Certificate of Approval for a facility is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the Certificate of Approval itself.

AA. Each dispensary may have a maximum of two (2) temporary uses that are minor in nature each month that are incidental to the normal, day-to-day dispensary operations, such as a food truck or a vendor's booth to promote the sale of their product, without approval of a Special Use Permit from the City. The business owner shall inform the Community Development Director at least twenty-four (24) hours prior to the temporary use taking place. The business owner shall be responsible for obtaining landlord approval. All vendors associated with said events who sell products, food, etc. directly at the events shall possess a City business license. For any event that will incorporate amplified music, use more than two (2) parking spaces, generate a crowd, or would otherwise impact the surrounding businesses and or residences, the dispensary owner shall first obtain a Special Use Permit from the City.

(Ord. No. 797, § 4, 6-3-24)

In addition to all other requirements of an Operations Plan required by this Chapter, and in Section 3989.5, Operational Standards for Dispensaries (unless otherwise amended below), cannabis lounge facilities must include the following Operations Plan approved by the Police Chief:

A. Cannabis lounges must only be operated as members-only establishments, and shall be operated by an existing adult use cannabis dispensary that has been approved to operate within the City of Port Hueneme and licensed by the State of California. Cannabis lounges may be located in an existing dispensary, immediately adjacent to an existing dispensary, or may be in a location that is separate from the dispensary operating said lounge, provided the lounge meets all locational requirements of a commercial cannabis facility, per Section 3987 of this Chapter.

B. Patrons may smoke, inhale, consume or ingest cannabis and cannabis products within the confines of the cannabis lounge premises only.

C. Permittees shall create patron consumption guidelines that may include the utilization of labels, menu notifications, signage, portion control, dosage monitoring, and staff education to prevent the overconsumption of cannabis by patrons. A consumption lounge is authorized to sell any type of cannabis product for consumption on-site in compliance with State packaging requirements. Cannabis goods shall only be provided to an individual in an amount reasonable for on-site consumption and consistent with personal possession and use limits allowed by the State. Vaping products shall be limited to single, individually packaged vape cartridges and pens of no more than one (1) gram.

D. Permittees shall not permit patrons to bring their own personal cannabis or cannabis goods to the cannabis lounge facility.

E. All cannabis goods purchased and opened at the facility must be smoked, inhaled, consumed or ingested on-site, and shall not be permitted to leave the facility unless repackaged in a container that is compliant with all applicable State law and regulation. Permittees shall only permit patrons to leave the cannabis lounge facility with cannabis and cannabis goods that remain in originally sealed and unopened packaging or have been transferred by the operator for repackaging in a container that is compliant with all applicable State law and regulation.

F. The sale or consumption of alcohol or tobacco products is not allowed on the premises.

G. Access to the cannabis lounge facility shall be restricted to persons twenty-one (21) years of age and older.

H. The smoking, inhalation, consumption or ingestion of cannabis or cannabis goods shall not be visible from any public place or any area where minors may be present. The cannabis lounge shall be located within a completely enclosed building.

I. Permittee shall provide an adequate odor control plan so as to prevent any detectable odor immediately outside of the premises (this shall include within business suites that may be located adjacent to the cannabis lounge facility). Within twenty-four (24) hours of any complaint concerning odors emanating from or originating within the facility, the permittee shall respond to the complaint in question, and shall timely file a written disclosure to the City documenting any and all actions taken and planned to address the odor complaints. If the odor complaints persist, the facility shall be closed until the situation is resolved.

J. Areas where cannabis consumption is permitted shall provide adequate security and lighting on-site, in addition to that required by the adjacent dispensary retail sales area, to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan approved for the subject facility by the City.

K. Permittee shall not provide service to impaired patrons and shall provide information on rideshare services.

L. The hours of operation for cannabis lounges shall be from 9:00 a.m. to 10:00 p.m., seven (7) days per week, with the last sale/last call taking place at 9:00 p.m. daily.

M. Permittee shall provide the Port Hueneme Chief of Police and all neighbors within one hundred (100) feet of the business with the name and phone number of an on-site community relations employee to notify if there are operational problems with the establishment.

N. Each cannabis lounge may have a maximum of two (2) temporary uses that are minor in nature each month that are incidental to the normal, day-to-day dispensary operations, such as a food truck or a vendor's booth to promote the sale of their product, without approval of a Special Use Permit from the City. The business owner shall inform the Community Development Director at least twenty-four (24) hours prior to the temporary use taking place. The business owner shall be responsible for obtaining landlord approval. All vendors associated with said events who sell products, food, etc. directly at the events shall possess a City business license. For any event that will incorporate amplified music, use more than two (2) parking spaces, generate a crowd, or would otherwise impact the surrounding businesses and or residences, the dispensary owner shall first obtain a Special Use Permit from the City.

O. An amended Certificate of Approval, along with a major modification to the approved Conditional Use Permit and Development Agreement for the existing dispensary, shall be required for a cannabis lounge that is added to the operations of an existing dispensary, and is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the Certificate of Approval itself. A new Certificate of Approval, along with a Conditional Use Permit and Development Agreement shall be required for all new, free-standing cannabis consumption lounges.

(Ord. No. 797, § 4, 6-3-24)