Sonora Municipal Code § 8.36 Cannabis Business Pilot Program

"Bureau" means the bureau of cannabis control within the department of consumer affairs, formerly named the bureau of marijuana control, the bureau of medical cannabis regulation, and the bureau of medical marijuana regulation.

"Business" means a profession, trade, occupation, gainful activity, and all and every kind of calling whether or not carried on for profit.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Cannabis business" means any business engaged in commercial cannabis activity. "Cannabis business" does not include any of the following:

A. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

B. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

C. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

D. A residential hospice or a home health agency licensed pursuant to Chapter 8 and Chapter 8.5 of Division 2 of the Health and Safety Code.

E. The cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined by Section 11362.7 of the Health and Safety Code provided such activity complies strictly with all applicable state law, including but not limited to, Sections 11362.5 and 11362.765 of the Health and Safety Code.

"Cannabis cultivation business" means any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type 5B, or Type 12, state cannabis license, cultivates cannabis or cannabis products.

"Cannabis dispensary" means any cannabis business where cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dispensary includes a cannabis business that provides cannabis deliveries.

"Cannabis manufacturing business" means any cannabis business that, pursuant to a Type 6, Type 7, or Type 12, state cannabis licenses manufactures cannabis or cannabis products.

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Cannabis testing laboratory" means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license.

"Commercial cannabis activity" includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of medicinal or adult-use cannabis or cannabis products that requires a state license.

"City" means the City of Sonora, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Day care" means a facility, center, or home requiring a license that is issued by the state of California which provides for the care, health, safety, supervision, or guidance of a child's social, emotional, and educational growth on a regular basis, in a place other than the child's own home, or any facility meeting the definition of Section 1596.76 of the Health and Safety Code.

"Identification card" means a document issued by the state department of health services that documents and identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

"Juvenile" means any natural person who is under the age of eighteen years.

"License" means a state license issued pursuant to Section 26000 of the Business and Professions Code.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

"Primary caregiver" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

"Qualified patient" has the same meaning as that term is defined by Section 11362.7 of the Health and Safety Code.

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 848 on 1/16/2018; Amended by Ord. 873 on 11/16/2020)

A. Any person or cannabis business that does not have the applicable license is prohibited within the city.

B. Any cannabis business allowed in the city shall obtain all of the following:

1. A development agreement.

2. A conditional use permit, pursuant to the procedure in Chapter 17.62.

C. A cannabis business shall maintain compliance with Title 17 of the Sonora Municipal Code.

D. A cannabis business is prohibited from operating within six hundred feet of a school, youth center, day care, church, or park.

(Adopted by Ord. 848 on 1/16/2018)

A. An interest party may apply to operate a cannabis business by submitting a proposal with the city manager on a form provided by the city. Every completed proposal shall be subject to a filing fee, or other financial requirement, including, but not limited to, a funding agreement, established by resolution adopted by the city council.

B. An interested party shall not knowingly make a false statement of fact, or knowingly omit any information that is required in a proposal to operate a cannabis business.

(Adopted by Ord. 848 on 1/16/2018)

A. Authority to Inspect.

1. City officials or law enforcement may reasonably enter and inspect the cannabis business at any time between the hours of six a.m. and eleven p.m. on any day of the week, or at any reasonable time, to ensure compliance and enforcement of this chapter.

2. City officials may inspect and demand copies of records maintained by the cannabis business, except for private medical records, that shall be made available to law enforcement agencies only pursuant to a properly executed search warrant, subpoena, or court order.

3. A person shall not refuse, impede, obstruct, or interfere with an inspection pursuant to this chapter.

B. Records.

1. A cannabis business shall maintain accurate records of commercial cannabis activity for a minimum of seven years in accordance with Chapter 16 (commencing with Section 2610) of Division 10 of the Business and Professions Code.

(Adopted by Ord. 848 on 1/16/2018)

A. Up to three cannabis dispensaries may be permitted pursuant to a development agreement and a conditional use permit, and shall be subject to the requirements in Title 17 of the Sonora Municipal Code.

B. Cannabis dispensaries shall only be allowed within fully enclosed buildings.

C. Any commercial cannabis activity related to delivery is prohibited, unless that activity is performed by a cannabis dispensary authorized and permitted by this chapter. The city reserves the right to prohibit a cannabis dispensary from performing delivery services.

D. All cannabis dispensaries shall maintain any applicable license, conditional use permit, and comply with all of the following:

1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.

2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.

3. Statement of Owner's Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis dispensary, specifying the street address and parcel number.

4. Security.

a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the dispensary site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four hours a day, seven days a week) and the recording shall be maintained for at least ninety days. The video recordings shall be made available to the city upon request.

c. Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.

5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

6. Tax Compliance. A cannabis dispensary shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

7. Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

8. Waste Management Plan. A cannabis cultivation business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(Adopted by Ord. 848 on 1/16/2018; Amended by Ord. 873 on 11/16/2020)

A cannabis cultivation business is prohibited within city limits.

(Adopted by Ord. 848 on 1/16/2018)

A. Up to three cannabis manufacturing businesses may be permitted within city limits pursuant to a development agreement and conditional use permit, and shall be subject to the requirements in Title 17 of the Sonora Municipal Code.

B. Cannabis manufacturing businesses shall only be allowed within fully enclosed buildings.

C. All cannabis manufacturing businesses shall maintain any applicable license, conditional use permit, and comply with all of the following:

1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas. All manufacturing areas within a building on the manufacturing site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis manufacturing business.

2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.

3. Statement of Owner's Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis manufacturing business, specifying the street address and parcel number.

4. Security.

a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the manufacturing site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four hours a day, seven days a week) and the recording shall be maintained for at least ninety days. The video recordings shall be made available to the city upon request.

c. Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.

5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

6. Manufacturing Site Restricted. A cannabis manufacturing business shall not open their manufacturing site to the public. A cannabis manufacturing business shall not allow anyone on the laboratory site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters. A manager must be on the manufacturing site at all times, any other person, except for security guards, is on the site. A juvenile shall not be on the manufacturing site or operate a cannabis manufacturing business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

7. Tax Compliance. A cannabis manufacturing business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

8. Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

9. Waste Management Plan. A cannabis manufacturing business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(Adopted by Ord. 848 on 1/16/2018; Amended by Ord. 873 on 11/16/2020)

A. Up to three cannabis testing laboratories may be permitted within city limits pursuant to a development agreement and conditional use permit, and shall be subject to the requirements in Title 17 of the Sonora Municipal Code.

B. Cannabis testing laboratories shall only be allowed within fully enclosed buildings.

C. All cannabis testing laboratories shall maintain any applicable license, conditional use permit, and comply with all of the following:

1. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas.

2. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan shall comply with all of the following:

a. Entrances. All entrances into the buildings on the laboratory site shall be locked at all times, with entry controlled by the cannabis testing laboratory business' managers and staff.

b. Main Entrance and Lobby. The laboratory site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the testing areas.

c. Testing Area. All testing areas in any building on the laboratory site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff, of the cannabis testing laboratory.

d. Transport Area. Each building with a testing area shall have an area designed for the secure transfer of cannabis from a vehicle to the testing area.

e. Storage area. Each building with a testing area shall have adequate storage space for cannabis that has been tested or is waiting to be tested. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff, of the cannabis testing laboratory.

3. Statement of Owner's Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis manufacturing business, specifying the street address and parcel number.

4. Security.

a. Security Surveillance Cameras. Security surveillance cameras and a video recording system shall be installed to monitor all doors into the buildings on the laboratory site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system shall be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the laboratory site. The recording system shall be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

b. Security Video Retention. Video from the security surveillance cameras shall be recording at all times (twenty-four hours a day, seven days a week)and the recording shall be maintained for at least ninety days. The video recordings shall be made available to the city upon request.

c. Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. The alarm system shall include a private security company that is required to respond to every alarm.

5. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the business site.

6. Tax Compliance. A cannabis manufacturing business shall maintain any applicable tax certificates and permits, and timely remit any taxes due to the appropriate government entity.

7. Laboratory Site Restricted. A cannabis testing laboratory shall not open their laboratory site to the public. A cannabis testing laboratory shall not allow anyone on the laboratory site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there; such as contractors, inspectors, and cannabis transporters. A manager must be on the laboratory site at all times, any other person, except for security guards, is on the site. A juvenile shall not be on the laboratory site or operate a cannabis testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

8. Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.

9. Waste Management Plan. A cannabis manufacturing business shall submit and comply with an approved commercial cannabis waste management plan describing how commercial cannabis waste will be disposed.

(Adopted by Ord. 848 on 1/16/2018; Amended by Ord. 873 on 11/16/2020)

A. A person twenty-one years of age or older who cultivates, possesses, stores, or transports cannabis exclusively for his or her personal, adult-use pursuant to the limitations of state law, is not engaged in commercial cannabis activity and is therefore exempt from the requirements of this chapter.

B. A qualified patient or primary caregiver who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use, but who does not provide, donate, sell, or distribute medical cannabis to any other person, is not engaged in commercial cannabis activity and is therefore exempt from the requirements of this chapter.

(Adopted by Ord. 848 on 1/16/2018)

A. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to California Code of Civil Procedure Section 731 or any other remedy available to the city.

B. In addition to any other enforcement permitted by this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party.

C. Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be five hundred dollars for the first offense, seven hundred fifty dollars for the second offense, and one thousand dollars for any subsequent offense.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 848 on 1/16/2018)

A. The city shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, a violation of this chapter, or other violation of law is corrected by the property owner or other responsible party.

B. The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property, or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.

C. For purposes of this chapter, the following additional definitions shall apply:

1. "Abatement costs" include the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Sonora Municipal Code and any applicable federal, state, or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city.

2. "Enforcement costs" include all actual and reasonable costs incurred by the city to enforce compliance with the Sonora Municipal Code and any applicable federal, state, county, or city public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Sonora Municipal Code or federal, state, or county law violations, and reasonable attorneys' fees related to these activities.

3. "Responsible party" means a person or entity responsible for creating, causing, committing, or maintaining the violation of this chapter or federal, state or county law.

4. "Subject property" means the real property that is the subject of any abatement or enforcement action by the city for which the city incurred costs and seeks recovery under this chapter.

(Adopted by Ord. 842 on 12/4/2017; Amended by Ord. 848 on 1/16/2018)