San Fernando Municipal Code Div. 16 Prohibition on Commercial Cannabis Activity

(a) All adult-use and medicinal commercial cannabis activity is prohibited anywhere within the city. Such activities include, but are not limited to:

(1) Cultivation;

(2) Nursery;

(3) Testing laboratory;

(4) Manufacture;

(5) Non-storefront retailer and storefront retailer;

(6) Distribution;

(7) Microbusiness;

(8) Cannabis events.

(b) Notwithstanding subdivision (a) of this section, the prohibitions set forth in this section shall apply to all activities for which a commercial cannabis activity license is required by the State of California under MAUCRSA so that no local approval shall be given to any proposed state license issuance of any license listed under California Business and Professions Code § 26050, as may be amended from time to time.

(c) If any provision of this division conflicts with state law, such state law shall supersede the conflicting provision of this division until such state law is either repealed or no conflict exists.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Notwithstanding the prohibitions set forth in section 106-722, medicinal-only cannabis deliveries may be permitted only to a qualified patient or primary caregiver in possession of a valid physician's recommendation or county-issued identification card, issued pursuant to Health and Safety Code § 11362.712, by a legally operating, retailer possessing a valid state-issued M-Type 10 license that is located outside of the City of San Fernando. Such retailers must possess a current and valid city permit issued in accordance with this section, as specified below.

(b) Deliveries of adult-use cannabis is strictly prohibited.

(c) Application. The form and content of the application for a permit shall be approved by the chief of police. The application shall be signed under penalty of perjury, and the following standards constitute the minimum application standards to qualify for a permit to deliver medicinal cannabis pursuant to this section:

(1) Name, address, and contact information of the applicant; if the applicant is a corporation, the names and addresses of its directors;

(2) Name, address, and contact information of the applicant's business;

(3) Current and valid proof of their license(s) or permit(s) to conduct medicinal commercial cannabis deliveries from the outside licensing city and/or county in which such dispensary is located;

(4) Upon commencement of the State of California's issuance of licenses under the California Medicinal and Adult-Use Cannabis Regulation and Safety Act, current and valid state-issued M-Type 10 license;

(5) Acord insurance forms indicating applicant's ability to comply with the insurance requirements set forth in this section;

(6) Listing of all vehicles, devices, and platforms used by the applicant for delivery of medicinal cannabis, pursuant to this section, including the vehicle's make, model, year, license plate number and vehicle identification number;

(7) Proof of current and valid California Department of Vehicle registration for all vehicles applicant shall use for delivery of medicinal cannabis, pursuant to this section;

(8) Copies of a valid physician's recommendation or county-issued identification card, issued pursuant to Health and Safety Code § 11362.712, for all persons that the applicant will use to delivery medicinal cannabis pursuant to this section. All such persons much be at least 21 years of age at the time of submittal of the application for medicinal cannabis delivery.

(d) Review of the application. The chief of police shall consider the application, as well as the criminal records, if any, and personal references, if demanded by the chief of police, of individuals identified in the application, and any other results from investigation into the application, as deemed necessary by the chief of police.

(e) Disapproval of the application. If the chief of police disapproves of an application sought under this section, he or she shall notify the applicant in writing, stating the reasons for the disapproval. Notification of the disapproval shall be delivered by first class mail to the applicant.

(f) Appeal of disapproval.

(1) Within 15 calendar days of transmittal of the chief of police's notice of disapproval of an application, the applicant denied approval may appeal the disapproval by notifying the city clerk in writing of the appeal, the reasons for the appeal, and payment of any accompanying fees.

(2) The city clerk shall set a hearing on the appeal and shall fix a date and time certain, within 30 calendar days after the receipt of the applicant's appeal, unless the city and the applicant agree to a longer period of time to consider the appeal. The city clerk shall provide notice of the date, time, and place of the hearing, at least seven calendar days prior to the date of the hearing.

(3) The city manager shall appoint a hearing officer to hear the appeal and determine the order of procedure, and rule on objections to the admissibility of evidence. The applicant and the chief of police shall each have the right to submit documents, call and examine witnesses, cross-examine witnesses, and argue their respective positions. The proceedings shall be informal, free of application of the strict rules of evidence. All evidence shall be admissible if it is of the type that a reasonably prudent person would rely upon in making a determination on the matter.

(4) The hearing officer shall issue a written decision within 15 days after the close of the hearing. The decision of the hearing officer shall be final.

(g) Grounds for denial, revocation, or suspension of permit. The granting of a permit or a renewal thereof may be denied and an existing permit revoked or suspended if the applicant, permittee, or any individual employed or acting as an agent for an applicant or permittee to deliver cannabis in the city does any of the following:

(1) Knowingly makes a false statement in the application or in any other reports or other documentation furnished to the city;

(2) Engages vehicles for delivery that are not maintained or operated in a manner and in a condition required by law and applicable regulations;

(3) Has been convicted of any offense relating to the use, sale, possession, or transportation of a controlled substance;

(4) Has been convicted of any felony, convicted of any offense involving moral turpitude, convicted of driving under the influence of alcohol or drugs, or does not possess a driver's license;

(5) Has been involved in three or more motor vehicle collisions within the year preceding the application;

(6) Utilizes vehicles or delivery personnel for deliveries, which are not identified to the city in its application;

(7) Fails to pay required city fees and taxes; or

(8) Violates any provision of this section.

(h) Suspension and revocation.

(1) If the chief of police determines that the activities of a holder of a permit issued under this section are constituting a significant threat to the public health, safety, and/or welfare, the chief of police may suspend such permit and the rights and privileges thereunder until a hearing officer renders a written decision on the revocation of such permit.

(2) The chief of police shall give notice of his or her intent to revoke a permit in the same manner as a notice of disapproval and provide the city clerk with a copy of such notice.

(3) The hearing for the revocation of the permit shall be set and conducted in the same manner as an appeal of disapproval. The decision of the hearing officer shall be final.

(i) Permittee obligations. Individuals issued permits under this section shall have all of the following duties and obligations:

(1) Comply with all applicable federal, state, and local laws;

(2) Obtain and maintain a business license from the city;

(3) Maintain, at all times, all licenses and permits required by state and local laws and provide immediate notification to the chief of police if any such state and/or local license and/or permit is revoked or suspended;

(4) All deliveries must be packaged in compliance with state law;

(5) Any person who delivers cannabis pursuant to a permit issued under this section shall keep a copy of such permit in his or her possession while effectuating any and all deliveries pursuant to such permit and shall make such permit copy available to law enforcement, upon request;

(6) Deliveries shall not advertise cannabis, the name of the permittee, nor any other commercial cannabis activities;

(7) Deliveries shall be made directly to the residence or business address of the qualified patient or the qualified patient's primary caregiver, upon proof of a valid physician's recommendation or county-issued identification card, issued pursuant to Health and Safety Code § 11362.712. All other deliveries are prohibited;

(8) Deliveries shall occur only between the hours of 6:00 a.m. and 6:00 p.m.;

(9) No permittee shall transport or cause to be transported cannabis in excess of the limits established by the state. Until such limits are established, the limit shall be two pounds of dried marijuana or its cannabis product equivalent;

(10) All orders to be delivered shall be packaged by the name of the qualified patient or qualified patient if the delivery is made directly to him or her or by the name of both the qualified patient and primary caregiver if the delivery is made to the primary caregiver. All orders shall include a copy of the request for delivery with each package;

(11) Maintain at all times comprehensive automobile liability (owned, non-owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000.00. Failure to maintain such insurance shall be a ground for denial of an application, suspension of a permit, and or revocation of a permit; and

(12) By accepting a permit issued under this section, each permittee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law, the city, its officers, agents and employees from and against any all actual and alleged damages, claims, liabilities, costs (including attorney's fees), suits or other expenses resulting from and arising out of or in connection with permittee's operations, except such liability causes by the active negligence, sole negligence of willful misconduct of city, its officers, agents and employees.

(j) Fees. Applicants and permittees shall pay all applicable fees as set forth by resolution of the city council. Applicants and permittees shall also pay the amount as prescribed by the Department of Justice of the State of California for the processing of fingerprinting. None of the above fees shall be prorated or refunded in the event of a denial, suspension, or revocation of the application or permit.

(k) Term. All permits issued pursuant to this section shall only be valid from the date of issuance through December 31 of the calendar year in which they are issued. The renewal process for the permit shall be processed in the same manner as the initial application.

(l) Chief of police or designee. Any action required by the chief of police under this section may be fulfilled by the chief of police's specified designee.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Any use or condition caused, or permitted to exist, in violation of any provision of this division shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the city pursuant to California Code of Civil Procedure § 731, article V (Nuisances) of chapter 1 (General Provisions and Penalties) of the San Fernando City Code, and/or any other remedy available at law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In addition to any other enforcement remedies available under the San Fernando Municipal Code, the city attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this division. In any civil action that is brought pursuant to this division, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)