17.196 of this title. In no case shall the distance be less than allowed by state law.

Cannabis retailers shall not be located within one thousand (1,000) feet of any other cannabis retailer.

Cannabis retailers shall not be located within five hundred (500) feet of a smoke shop or similar facility.

Cannabis retailers shall not be located on a lot containing a residential dwelling unit.

B.

Setbacks.

Cannabis retailers shall comply with the setback standards for the zone classification in which they are located.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of

Cannabis Control, California Building Code, Ordinance No. 457, or other applicable State law.

C.

Concentration limits.

Limits.

a.

The number of cannabis retailers located within a commercial retail corridor is limited to one for each two thousand (2,000) inhabitants of the census tract in which the cannabis retailers are located.

b.

The number of cannabis retailers located within a commercial retail corridor may be increased to one for each one thousand (1,000) inhabitants of the census tract in which the cannabis retailer is located with a finding of public convenience or necessity as provided in this article.

c.

The United States Census Bureau shall be the source of authority for determining the number of inhabitants (population) per census tract.

Public convenience or necessity finding. Applicants seeking a conditional use permit for a cannabis retailer within a commercial retail corridor that is determined to be an unduly concentrated corridor may request the board of supervisors find that the proposed cannabis retailer would serve as a public convenience or necessity.

a.

In order for a public convenience or necessity determination to be presented to the board of supervisors, applicants shall demonstrate both of the following:

The addition of the proposed cannabis retailer will not result in a commercial retail corridor having a number of cannabis retailers greater than one for each one thousand (1,000) inhabitants of the census tract in which the cannabis retailer is located; and,

The addition of the proposed cannabis retailer will not cause more than ten (10) percent or more of the commercially zoned properties, in gross acres, within the commercial retail corridor to be utilized for cannabis retailers.

b.

In order for a public convenience or necessity determination to be made by the board of supervisors, applicants shall demonstrate all of the following:

The proposed cannabis retailer will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the Riverside County General Plan.

The addition of the proposed cannabis retailer will not increase the severity of existing law enforcement or public nuisance problems in the surrounding area with increased calls for service due to cannabis related complaints or criminal activity associated with cannabis.

The community benefits of permitting an additional cannabis retailer outweigh any negative impacts to the community as a whole.

Reasonable efforts were made to seek community input regarding the addition of the proposed cannabis retailer to the commercial retail corridor.

c.

In addition to the above requirements, applicants shall demonstrate at least one of the following:

The proposed cannabis retailer serves an area of increased density or consumer traffic; including but not limited to adjacency to high population census tracts and/or distance away from sensitive uses or other special circumstances within the corridor, such that the proposed location would serve the public convenience or necessity by satisfying a higher demand for cannabis retail locations; or

The proposed cannabis retailer is located in an area with a history of a high number of unpermitted cannabis retailers such that an additional permitted location would serve a public convenience or necessity by satisfying a higher demand for permitted cannabis retail locations and reduce patronage of unlicensed facilities.

D.

Operations.

All cannabis retailers must conduct their operations within a permanent structure.

Non-storefront cannabis retailers are authorized to conduct cannabis deliveries only and shall be closed to the public.

Cannabis retailers may include the sale of medicinal cannabis, requiring an M-license from the state. Cannabis retailers selling only medicinal cannabis shall verify consumers who enter the premises are at least 18 years of age and that they hold a valid physician's recommendation.

Cannabis retailers may include the sale of adult-use cannabis, requiring an A-license from the state. Cannabis retailers selling only adult-use cannabis shall verify that consumers who enter the premises are at least 21 years of age.

A cannabis retailers may include the sale of both medicinal cannabis and adult-use cannabis requiring both an A-license and an M-license from the state. All cannabis retailers selling both medicinal cannabis and adult-use cannabis shall verify that consumers who enter the premises are at least 18 years of age and that they hold a valid physician's recommendation or are at least 21 years of age.

Display areas shall include the smallest amount of cannabis and cannabis products reasonably anticipated to meet sales during operating hours.

Cannabis and cannabis products not in the display area shall be maintained in a locked secure area.

Not more than ten (10) percent of the cannabis retailer floor area, up to a maximum of fifty (50) square feet, shall be used for the sale of incidental goods such as, but not limited to, clothing, posters, or non-cannabis goods.

Restroom facilities shall be locked and under the control of the cannabis retailer.

Cannabis retailers shall ensure that all cannabis and cannabis products held for sale by the cannabis retailer are cultivated, manufactured, transported, distributed, and tested by California licensed and permitted facilities that are in full conformance with state and local laws and regulations.

Cannabis retailers shall not distribute any cannabis or cannabis product unless such products are labeled and in a tamper-evident package in compliance with the California Business and Professions Code and any additional rules promulgated by a licensing authority.

Cannabis retailers shall not provide free samples of any type, including cannabis products, to any person and shall not allow any person to provide free samples on the cannabis retailer's lot.

Deliveries of cannabis and cannabis products shall be to a customer at a physical address and conducted in accordance with California Business and Professions Code Section 26090 or as may be amended and all State laws and regulations pertaining to delivery of cannabis and cannabis products.

Cannabis or cannabis products shall not be sold or delivered by any means or method to any person within a motor vehicle.

Cannabis retailers shall not include a drive-in, drive-through or walk up window where retail sales of cannabis or cannabis products are sold to persons or persons within or about a motor vehicle.

E.

Deliveries. Cannabis retailers with an approved conditional use permit may provide cannabis deliveries consistent with state law. Cannabis delivery is not a separate commercial cannabis activity for the purposes of this article.

F.

Findings. In addition to the requirements for approval in section 17.302.507 of this title, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

The cannabis retailer complies with all the requirements of the state and county for the selling of cannabis.

The non-storefront cannabis retailer is not open to the public.

The cannabis retailer is not located within 1,000 feet from any child day care center, K-12 school, public park, or youth center or a variance in accordance with chapter 17.196 of this title has been approved allowing a shorter distance, but not less than allowed by state law. The distance is measured in accordance with subsection A.1.

The cannabis retailer includes adequate measures that address enforcement priorities for commercial cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the state and not distributed out of state.

(Ord. No. 348.4997, § 4, 3-28-2023)