Salinas Municipal Code Div. 5 Commercial Cannabis Business Operating Requirements

The chief of police is authorized to promulgate all regulations necessary to implement the requirements and fulfill the policies of this section related to commercial cannabis businesses including, but not limited to, the following subjects:

(a) A permitted commercial cannabis business shall implement sufficient security measures to both deter and to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the chief of police, these security measures shall include, but shall not be limited to, all of the following:

(1) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in the activity expressly related to the operations of the commercial cannabis business.

(2) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

(3) Except for live growing plants which are being cultivated at a cultivation facility or nursery, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes or immediate sale at a dispensary.

(4) Installing twenty-four-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises and to monitor all interior spaces within the commercial cannabis business which are open and accessible to the public. The security surveillance cameras shall be remotely accessible to the Salinas Police Department and shall be compatible with the Salinas Police Department's software and hardware and remote real-time, live access to the video footage from the cameras shall be provided to the Salinas Police Department. Video recordings shall be maintained for a minimum of forty-five days.

(5) Sensors shall be installed to detect entry and exit from all secure areas.

(6) Panic buttons shall be installed in all commercial cannabis businesses.

(7) Having a professionally installed, maintained, and monitored alarm system.

(8) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.

(9) Security personnel hired by the commercial cannabis business shall be subject to the prior review and approval of the chief of police or his designee.

(10) Each commercial cannabis business shall have the capability to remain secure and operational 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.

(b) Each commercial cannabis business shall identify a liaison to the Salinas Police Department who shall be reasonably available to meet with the chief of police or his/her designee regarding security measures and operational issues.

(c) As part of the application and permitting process, each commercial cannabis business shall have a transportation plan describing the procedures for legally, safely, and securely transporting cannabis and cannabis products and currency.

(d) A commercial cannabis business shall notify the chief of police or his/her designee within twenty-four hours after discovering any of the following:

(1) Discrepancies identified during inventory. The level of significance shall be determined by the chief of police.

(2) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.

(3) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.

(4) Any other breach of security.

(e) These regulations shall constitute minimum standards only. The City of Salinas may impose additional security measures in a commercial cannabis permit if the city determines that these additional measures are necessary to ensure the safety and security of the commercial cannabis business, its customers, and its neighbors.

(Ord. No. 2600 (NCS), § 1, 11-29-2017; Ord. No. 2603 (NCS), § 5, 5-1-2018)

(a) Any person who is an employee or who otherwise works or volunteers within a commercial cannabis business, other than a business owner or principal, must obtain a work permit from the chief of police. The chief of police is hereby authorized to promulgate all regulations necessary to implement the work permit process contemplated in this section including, but not limited to, the reasons for denial of a work permit to any person. A work permit shall be valid for a twelve month period and must be renewed on an annual basis. Applications for work permits shall be submitted under oath and shall contain a statement of the past criminal record, if any, of the applicant and such information as may be deemed necessary by the chief of police to determine whether it would be appropriate and in the public interest to issue a work permit to the applicant. The initial application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the chief of police. In the event a person changes employment from one commercial cannabis business within the city to another, the work permit holder shall notify the chief of police in writing of the change of employment within ten days of such change or the work permit shall be suspended or revoked.

(b) The business shall provide an identification card to all persons, including employees and principals, employed or working at the commercial cannabis business. This identification card shall include on its front, at a minimum: the business's name (as identified on its state license); the business type; the person's first name and the first initial of the person's last name; whether the person is an employee or principal; the expiration date of the employee's work permit (if applicable); and a recent color photograph of the person that clearly shows the full front of the person's face and is at least one inch in width and one-and-one-half inches in height. The card shall also include, on either the front or reverse sides, the business's state license number, an employee identification number provided by the business, and the employee's work permit number. The required information shall be included in the original manufacture of the card, and the information on the card may not be updated through any other method, including writing on the card or placing tape on the card. Each person to whom an identification card is issued shall wear his or her personal identification card at a prominent and readily-visible location on the outermost garment and approximately chest-high. Such identification card shall at all times be in good and readable condition.

(c) Each owner or operator of a commercial cannabis business shall maintain on-site a current register of all the employees currently employed by the commercial cannabis business and shall produce such register upon demand by the chief of police, his/her designee, or any other City of Salinas official authorized to enforce the Salinas City Code for purposes of determining compliance with this article.

(d) Each application for a work permit and renewal of an existing work permit shall be accompanied by a fee set by resolution of the city council and shall be valid for a period of twelve months from the date of issuance, unless terminated, suspended, or revoked sooner. The fee is non-refundable and shall not be returned in the event the work permit is denied, revoked, or suspended.

(e) Individuals performing intermittent work at or who are visiting the commercial cannabis business, such as electricians, waste disposal companies, potential customers or vendors, shall not be required to obtain a permanent identification card pursuant to subsection (b), above. However, these persons shall be issued identification cards by the business identifying them as visitors. Persons using these visitor identification cards shall be accompanied at all times by an owner/principal or a regular employee of the business, and shall at no time be left unattended. A record of all persons issued these visitor identification cards - including names, businesses, times in, times out, and the purpose of the visit - shall be maintained by the business and shall be made available for inspection by the city upon request.

(f) It shall be unlawful and a violation of this article for any person to employ any other person at a commercial cannabis business who is not at least twenty-one years of age, except that a business that engages only in the medicinal market may employ persons at least eighteen years of age.

(Ord. No. 2600 (NCS), § 1, 11-29-2017; Ord. No. 2603 (NCS), § 6, 5-1-2018)

As a condition precedent to the city's issuance of a commercial cannabis permit pursuant to this article, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location is leased from another person, the applicant for a permit under this article shall provide a signed and notarized statement from the owner of the property to demonstrate the property owner has acknowledged and has consented to the operation of a commercial cannabis business on the property. A legally binding option to buy or lease the facility may be accepted by the City of Salinas if the commercial cannabis business has unhindered ability to exercise the option within a reasonable timeframe following issuance of a commercial cannabis permit.

(Ord. No. 2600 (NCS), § 1, 11-29-2017)

(a) No commercial cannabis business may operate within one thousand feet of any of the following sensitive uses:

(1) School, college or university (including public, private, charter, and other nontraditional schools, but excluding trade schools that exclusively serve adults at least eighteen years of age);

(2) Park, daycare center, library, or publically-owned and operated recreational facility;

(3) Church or other house of worship;

(4) Smoke-shops, hookah lounges or businesses engaged in the same or a similar activity, and locations where alcohol is sold or served for individual consumption on or off the premises;

(5) Card rooms and retail firearm sales businesses;

(6) Any other commercial cannabis business operating as a dispensary, excepting therefrom the occasional and transient operation of a commercial cannabis delivery business, or

(7) Any other public or private business or facility where the presence of the commercial cannabis activity would cause a public nuisance or other situation which may result in repeated police department response.

(b) Notwithstanding the above, the selection committee may issue a commercial cannabis permit to a cultivation, delivery, manufacturing, or distribution business located within one thousand feet of the uses described in subsections (a)(3) through (a)(7) upon findings that the intent of this article would otherwise be met. No commercial cannabis permit shall be granted, however, for commercial cannabis businesses located within one thousand feet of those uses listed in subsections (a)(1) and (a)(2).

(c) An application (including a dispensary application) which has been denied based on any of the limitations set forth in subsections (a)(3) through (a)(7) may be appealed by the applicant in accordance with section 5-07.10. The appellate body may grant an exception to the limitations set forth in this subsection upon findings that the intent of this article would otherwise be met. No such exception will be granted, however, for the distance limitations from those uses listed in subsections (a)(1) and (a)(2).

(d) No commercial cannabis business may operate within any residential area or district of the city or adjacent to a residential area or district if, in the opinion of the chief of police or the community development director, the operation of a commercial cannabis business in such location would tend to cause a public nuisance or a situation which may result in repeated police department response or a negative impact on the adjacent residential units.

(e) Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in the Salinas Municipal Code.

(f) Any commercial cannabis business which has been determined by the City of Salinas to be an existing commercial cannabis business on the effective date of this article shall be exempt from compliance with the limitations proscribed in this section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this article.

(g) No commercial cannabis business possessing a valid commercial cannabis business permit shall be hindered from renewing said permit solely on the basis of the establishment of a use described in subsection (a) above if the use was not in operation or existence on the date the commercial cannabis permit was approved.

(h) The limitations described in this section shall not apply to any uses described in subsection (a) if the community development director determines that the use in question was not legally established pursuant to Chapter 37 of the Municipal Code and remains out of compliance with that chapter.

(i) For purposes of this section, distance shall be measured from the closest point of the site occupied by the commercial cannabis business and the closest point of the site occupied by the use defined in subsection (a), including any parking areas, landscaping, and/or fencing, but excluding any areas of a parcel that is unavailable for use by the commercial cannabis business or the sensitive use. This section shall be construed to require measurement from parcel line to parcel line unless the selection committee determines that different points of measure would be appropriate.

(j) The city adopts these standards in lieu of the requirements specified in Section 26054(b) of the California Business and Professions Code, and hereby designates these standards as a "different radius" as specified by that Section.

(Ord. No. 2600 (NCS), § 1, 11-29-2017)

Prior to the sale or the delivery of any edible cannabis or edible cannabis product the same shall be labelled and in tamper-evident packaging which at least meets the requirements of California Business and Professions Code section 26120, as the same may be amended from time-to-time or superseded or replaced by subsequent state legislation or by any department or division of the State of California. The city council may impose additional packaging and labelling requirements on cannabis or cannabis products by resolution.

(Ord. No. 2600 (NCS), § 1, 11-29-2017)

In addition to those operating requirements specifically set forth elsewhere in this division, commercial cannabis businesses operating in the City of Salinas shall comply with the following:

(a) Cannabis or cannabis products shall not be consumed on the premises of any commercial cannabis business except that employees with a valid recommendation may consume cannabis in a non-public area in strict accordance with their recommendation and with the permission of the business. This section shall not be construed to impair a business's ability to restrict or prohibit the consumption of cannabis or cannabis product, with or without a physician's recommendation, during an employee's shift, nor shall it prevent a business from conducting drug testing of employees and/or taking action against any employees that violate that company's drug policies.

(b) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the property. No outdoor storage of cannabis or cannabis products is permitted at any time.

(c) There shall not be a physician located in or around any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medical marijuana recommendation or card.

(d) Each commercial cannabis business shall provide the chief of police with the name, telephone number (mobile preferred, if available) of an on-site employee or owner to whom emergency notice can be provided.

(e) Signage and notices shall comply with the following requirements:

(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the Salinas Municipal Code, including, but not limited to, the issuance of a City of Salinas sign permit.

(2) 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 shall install any off-site advertising signage, whether by installing a permanent sign, placing any temporary signage, or by having a person holding a sign advertising the business to passersby, whether such person or sign is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. Illuminated signs shall not be lit during non-business hours.

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

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

(5) No banners, flags or other temporary or prohibited signs may be used at any time.

(f) Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility 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 commercial cannabis business. As such, commercial cannabis businesses must install and maintain equipment which the city determines would satisfy this requirement. This equipment would potentially include, but not be limited to, the following:

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

(2) An air system that creates negative air pressure between the commercial cannabis business's interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

(g) The original copy of the commercial cannabis permit issued by the City of Salinas pursuant to this article, any land-use or planning-level approvals or permits issued pursuant to Chapter 37 of the Salinas Municipal Code, any licenses issued by the State of California, and the business license issued by the City of Salinas pursuant to the Salinas Municipal Code shall be posted inside the commercial cannabis business in a location readily visible to the public.

(h) Any person issued a permit pursuant to this article must follow all local, state and federal requirements for solid waste and hazardous waste disposal. The Monterey County Environmental Health Bureau may inspect the commercial cannabis business at any time during business hours to ensure compliance with this section.

(i) 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 feet of the premises.

(j) All weighing devices must be maintained in compliance with local, state or federal law and comply with applicable regulations regarding device registration with the agricultural commissioner.

(Ord. No. 2600 (NCS), § 1, 11-29-2017)

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

(b) During the first year of operation pursuant to this article, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this article shall attend a quarterly meeting with the city manager or his/her designee to discuss costs, benefits, and other community issues arising as a result of implementation of this article. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the city manager or his/her designee when and as requested by the city manager or his/her designee.

(c) Commercial cannabis businesses to which a permit is issued pursuant to this article shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis and that identifies resources available to youth related to drugs and drug addiction.

(Ord. No. 2600 (NCS), § 1, 11-29-2017)