Salinas Municipal Code Div. 8 Delivery Services

No more than three stand-alone delivery services (i.e., those without a publically accessible storefront) may operate within the City of Salinas at any one time and no more than three permits shall be issued by the City of Salinas for stand-alone delivery services to operate within the City of Salinas at any one time.

A delivery service may operate either as a part of and in conjunction with a dispensary permitted pursuant to this article or as a stand-alone operation without direct public access. Delivery services permitted as accessory to a dispensary use shall comply with all of these requirements of this division; however, a separate permit for delivery is not required, and the business shall not count towards the maximum number of delivery businesses.

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

Upon approval by the City of Salinas, a permit authorizing a delivery business may also authorize distribution at the facility, provided that said distribution shall be limited to acquiring product for inventory and sale. This accessory use will not require or be deemed a separate permit.

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

All mobile delivery businesses (including those accessory to a dispensary) shall comply with the following requirements:

(a) All cannabis and cannabis products sold shall have been cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.

(b) The delivery company shall collect all sales and use taxes and/or transaction taxes required under local and/or state law, and shall remit those monies to the State of California for disbursement to the City of Salinas in accordance with established reporting principles. Any tax that has not been remitted to the city shall be deemed a debt owed to applicable state agencies and/or the City of Salinas by the person required to collect and remit the tax.

(c) Any cannabis or cannabis product must be in an opaque (non-see-through) package, such as a bag, at the time of delivery.

(d) No edible cannabis products requiring refrigeration or hot-holding shall be sold or distributed. Baked products (e.g., brownies, bars, cookies, cakes), tinctures, and other non-refrigerated type items may be sold.

(e) The business shall make all records related to testing laboratory results for the cannabis or cannabis product being delivered available to the consumer upon request.

(f) Any edible cannabis or edible cannabis product 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.

(g) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the business shall obtain additional voice verification from the recommending physician's office that the person requesting cannabis or cannabis products is a qualified patient.

(h) The delivery company not engage solely in the adult-use market; a reasonable mix of medicinal cannabis and medicinal cannabis products shall be available for purchase to those with a physician's recommendation.

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

All deliveries of cannabis and cannabis product shall be conducted in accord with the following requirements:

(a) No livery business shall make any deliveries within one thousand feet of any school, park, or daycare center, except that deliveries may be made to an individual at their place of residence.

(b) The delivery company shall verify the identity of the recipient via the presentation of a valid identification card issued by a governmental agency that includes the recipient's name, date of birth, and photograph (unless the State of California designates alternative forms of identification to be acceptable for this purpose).

(c) The delivery company shall not deliver any cannabis or cannabis products to any person under the age of twenty-one years, except a person with an identification card. Deliveries shall be made directly to the person placing the request for delivery, and may not be delivered to another individual at the site, regardless of whether that person meets the criteria in subsection (b), except that deliveries to a caretaker are permitted, and deliveries to a minor may be made to that minor's parents or legal guardians.

(d) Prior to the sale of any cannabis or cannabis product to a minor, the delivery company shall obtain the consent of the minor's parents or legal guardians. This may include a one-time blanket approval provided that the terms of the approval are clearly articulated.

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