Tracy Municipal Code Art. 4 Operating Procedures for Specific Business Types

(a) No person shall operate a cannabis cultivation business in the City without a valid cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued. This section shall not apply to the cultivation of cannabis for personal use allowed under state law.

(b) Permit Fee. A cannabis cultivation permit program fee is established and imposed. The City Council shall establish by resolution the amount of the permit fee and any related penalties.

(c) Cannabis Business Permit(s) will only be issued for the following types of cannabis cultivation businesses:

i. Specialty Cottage:

A. Indoor. Indoor cultivation up to 500 square feet of total canopy size on one cultivation site.

B. Mixed-Light Tier 1 and 2. Mixed-light cultivation up to 2,500 square feet of total canopy size on one cultivation site.

ii. Specialty:

A. Indoor. Indoor cultivation of between 501 and 5,000 square feet of total canopy size on one cultivation site.

B. Mixed-Light Tier 1 and 2. Mixed-light cultivation between 2,501 and 5,000 square feet of total canopy size on one cultivation site.

iii. Small:

A. Indoor. Indoor cultivation between 5,001 and 10,000 square feet of total canopy size on one cultivation site.

B. Mixed-Light Tier 1 and 2. Mixed-light cultivation between 5,001 and 10,000 square feet of total canopy size on one cultivation site.

iv. Medium:

A. Indoor. Indoor cultivation between 10,001 and 22,000 square feet of total canopy size on one cultivation site.

B. Mixed-Light Tier 1 and 2. Mixed-light cultivation between 10,001 and 22,000 square feet of total canopy size on one cultivation site.

v. Nursery. A cultivation site that conducts only cultivation of clones, immature plants, seeds, and other agricultural products used specifically for the propagation of cultivation of cannabis.

vi. Processor. A cultivation site that conducts only trimming, dying, curing, grading, packaging, or labeling of cannabis and nonmanufactured cannabis products.

(d) Indoor Only. A cannabis cultivation permittee shall only cultivate cannabis in a fully enclosed building. Outdoor cultivation of commercial cannabis is expressly prohibited.

(e) A cannabis cultivation permittee shall not allow cannabis or cannabis products on the cultivation site to be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

(f) A cannabis cultivation permittee may conduct all activities permitted by the State License.

(g) Any cultivation activity that will be conducted by the permittee shall be included on the permit application. No additional cultivation activity can be conducted without applying for and receiving written permission from the City for that additional activity.

(h) At all times, the cannabis cultivation site shall be compliant with all state regulations for cannabis cultivation including Title 3 of the California Code of Regulations as may be amended.

(i) Inspections by the Fire Chief or designee may be conducted any time during the business's regular business hours.

(j) Site Requirements. A cannabis cultivation site shall comply with the following requirements:

i. Entrances. All entrances into the buildings on the cultivation site shall be locked at all times with entry controlled by the permittee's managers and staff, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

ii. Cultivation area. All cultivation areas in any building on the cultivation 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 permittee from the lobby area. As such, managers and staff of the permittee shall not be required to exit the building in an emergency through the cultivation area.

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

iv. Storage area. Each building with a cultivation 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 permittee, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

(k) Signage. A cannabis cultivation permittee shall post in the lobby of the cultivation site signs that state the following:

i. "This site is not open to the public."

ii. "Retail sales of any goods and services is prohibited."

iii. "Persons under twenty-one (21) years of age are prohibited from entering this site."

iv. "Smoking, ingesting, or consuming cannabis or cannabis products on this site or in a public place is prohibited."

v. Each sign described in must be at least eight (8) inches by ten (10) inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the cultivation site.

vi. Each sign shall comply with California's accessibility requirements for persons with visual impairments.

(l) Restricted Site. No cannabis cultivation permittee shall open their cultivation site to the public.

i. No cannabis cultivation permittee shall allow anyone on the cultivation site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and distribution drivers.

ii. A manager must be on the cultivation site at all times that any other person, except for security guards, is on the site.

iii. While on the cultivation site, managers and staff of the cannabis cultivation business must maintain evidence of their cannabis employee permit, issued by the City, at all times.

iv. Any person other than managers or staff who are on the cultivation site must sign in, wear a visitor badge, and be escorted on the site by a manager, or designee, at all times.

v. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or from a permitted cannabis cultivation site.

vi. Cannabis cultivation sites shall not contain an exhibition or product sales area or allow for retail distribution of products at that location.

vii. Location Requirements. Cannabis cultivation permittees shall locate in a site consistent with section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019; Ord. No. 1293, § 3, 7-21-2020)

(a) Permit Required. No person shall operate a cannabis distribution business in the City without a valid City cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued.

(b) Permit Fee. A cannabis distribution permit program fee is established and imposed. The City Council shall establish by resolution the amount of the permit fee and any related penalties.

(c) Cannabis Business Permit(s) will only be issued for the following types of cannabis distribution businesses:

i. Distributor (Type 11): Purchases, sells, arranges for testing, conducts quality assurance review of packaging and labeling, transports cannabis goods between licensees, and collects state cultivation tax from licensed cultivators.

ii. Distributor- Self-Distribution Only (Type 13): Transports only its own cannabis goods that it has cultivated or manufactured to testing facilities and retailers.

iii. Distributor- Transport Only (Type 13): Transports cannabis goods between licensees, but may not transport any cannabis goods, except for immature cannabis plants and/or seeds, to a retailer or to the retailer portion of a microbusiness.

(d) The buildings on the sites of a Type-11 or Type-13 cannabis distribution permittee must comply with the following requirements:

i. Entrances. All entrances into the buildings on the distribution site must be locked at all times with entry controlled by the cannabis distribution permittee's managers and staff, provided that such secured areas do not the violate the emergency egress requirements in the Building Code.

ii. Main entrance and lobby. The distribution site must have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance must be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there must be a lobby to receive persons into the site and to verify whether they are allowed in the areas where cannabis or cannabis products are stored.

iii. Storage area. The distribution site must have adequate storage space for cannabis and cannabis products being distributed. All storage areas in any building on the distribution site must be separated from the main entrance and lobby and must be secured by a lock accessible only to managers and employees from the lobby area.

iv. Transport area. Each building with a storage area must have an area designed for the secure transfer of cannabis between a vehicle and the distribution site.

(e) Storage of cannabis and cannabis products.

i. Type-11 and Type-13 (Self-Distribution Only) cannabis distribution permittees shall only store cannabis or cannabis products in a secured room within a limited access area that is covered by video cameras, in a fully enclosed building on the distribution site. No cannabis or cannabis products in possession of the cannabis distribution business may be stored in any other facility, such as a separate storage facility or a cannabis product manufacturing facility.

ii. Type-11 and Type-13 (Self Distribution Only) cannabis distribution permittees shall not allow cannabis or cannabis products on the distribution site to be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

iii. Type-13 (Transport Only) cannabis distribution permittees shall not store cannabis or cannabis products on the distribution site.

(f) Transportation. The cannabis distribution business shall use and maintain computer software to record the following information relating to the transportation of cannabis and cannabis products:

i. A shipping manifest that includes a specific description of the items being transported, whether each item is a medical cannabis or adult-use cannabis product, and the name, address, and license number of the cannabis business to which the items are to be transported;

ii. The name of the person who transported the items;

iii. The date and time of the transport; and

iv. The name of the manager of the cannabis business who confirmed receipt of the items.

v. A person transporting cannabis or cannabis products on behalf of a cannabis distribution business shall carry the following items:

A. A copy of the distributor's current cannabis distribution business permit;

B. The person's government-issued identification;

C. Evidence of the person's City-issued cannabis employee permit; and

D. A copy of the shipping manifest as described in subsection (f) i.

vi. Upon demand of a peace officer or city employee authorized to enforce this chapter, a person transporting cannabis or cannabis products pursuant to this section shall present the items listed in subsection (f) v. for examination.

vii. No person shall transport cannabis or cannabis products to anyone except a lawfully operated cannabis business. The person transporting the cannabis or cannabis products shall obtain a signature from a manager of the cannabis business confirming receipt of the items listed in the shipping manifest, before leaving the items.

viii. A cannabis business shall maintain the information described in subsection (f) v. for at least three (3) years on the site and shall produce the information upon request by the City.

(g) Restricted Site. No cannabis distribution permittee shall open their distribution site to the public.

i. No cannabis distribution permittee shall allow anyone on the distribution site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and distribution drivers.

ii. A manager must be on the distribution site at all times that any other person, except for security guards, is on the site.

iii. While on the distribution site, managers and staff of the cannabis distribution business must maintain evidence their City-issued cannabis employee permit at all times.

iv. Any person other than managers or staff who are on the distribution site must sign in, wear a visitor badge, and be escorted on the site by a manager, or designee, at all times.

(h) Signage. A cannabis distribution permittee shall post in the lobby of the distribution site signs that state the following:

i. "This site is not open to the public."

ii. "Retail sales of any goods and services is prohibited."

iii. "Persons under twenty-one (21) years of age are prohibited from entering this site."

iv. "Smoking, ingesting, or consuming cannabis or cannabis products on this site or in a public place is prohibited."

v. Each sign described in must be at least eight (8) inches by ten (10) inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the distribution site.

vi. Each sign shall comply with California's accessibility requirements for persons with visual impairments.

(i) Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or from a permitted cannabis distribution site.

(j) Location Requirements. Cannabis distribution permittees shall locate in a site consistent with section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019)

(a) No person shall operate a cannabis manufacturing business in the City without a valid cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued.

(b) Permit Fee. A cannabis manufacturing permit program fee is established and imposed. The City Council shall establish by resolution the amount of the permit fee and any related penalties.

(c) Cannabis Business Permit(s) will only be issued for the following types of cannabis manufacturing businesses:

i. Type 6 (non-volatile), for a business involving all aspects of a cannabis manufacturing business, including the extraction of substances from a cannabis plant and the activities allowed with a Type N and Type P permit as described below.

ii. Type N, for a business involving the production and preparation of cannabis products (such as infusing cannabis extracts or concentrates into edibles and topicals) and the activities allowed with a Type P permit as described below. A business holding a Type N permit cannot engage in the extraction of substances from a cannabis plant.

iii. Type P, for a business involving only the packaging and labeling of cannabis or cannabis products. A business holding a Type P permit cannot engage in the extraction of substances from a cannabis plant, or the production and preparation of cannabis products.

(d) Indoor Only. A cannabis manufacturing permittee shall only manufacture cannabis in a fully enclosed building. Outdoor manufacturing of cannabis is expressly prohibited.

(e) A cannabis manufacturing permittee shall not allow cannabis or cannabis products on the manufacturing site to be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

(f) A cannabis manufacturing permittee may conduct all activities permitted by the State License. This includes, but is not limited to, non-volatile extractions, repackaging and relabeling, and infusions.

(g) Any manufacturing activity that will be conducted by the permittee shall be included on the permit application. No additional manufacturing activity can be conducted without applying for and receiving written permission from the City for that additional activity.

(h) At all times, the cannabis manufacturing facility will be compliant with all state regulations for cannabis manufacturing including California Health and Safety Code 11362.775 and as it may be amended.

(i) Inspections by the Fire Chief or designee may be conducted any time during the business's regular business hours.

(j) Site Requirements. A cannabis manufacturing site shall comply with the following requirements:

v. Entrances. All entrances into the buildings on the manufacturing site shall be locked at all times with entry controlled by the permittee's managers and staff, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

vi. Manufacturing area. All manufacturing areas in any 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 permittee from the lobby area.

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

viii. Storage area. Each building with a manufacturing 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 permittee, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

(k) Signage. A cannabis manufacturing permittee shall post in the lobby of the manufacturing site signs that state the following:

vii. "This site is not open to the public."

viii. "Retail sales of any goods and services is prohibited."

ix. "Persons under twenty-one (21) years of age are prohibited from entering this site."

x. "Smoking, ingesting, or consuming cannabis or cannabis products on this site or in a public place is prohibited."

xi. Each sign described in must be at least eight (8) inches by ten (10) inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the manufacturing site.

xii. Each sign shall comply with California's accessibility requirements for persons with visual impairments.

(l) Restricted Site. No cannabis manufacturing permittee shall open their manufacturing site to the public.

i. No cannabis manufacturing permittee shall allow anyone on the manufacturing site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and distribution drivers.

ii. A manager must be on the manufacturing site at all times that any other person, except for security guards, is on the site.

iii. While on the manufacturing site, managers and staff of the cannabis manufacturing business must maintain evidence of their City-issued cannabis employee permit at all times.

iv. Any person other than managers or staff who are on the manufacturing site must sign in, wear a visitor badge, and be escorted on the site by a manager, or designee, at all times.

vi. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or from a permitted cannabis manufacturing site.

vii. Cannabis manufacturing sites shall not contain an exhibition or product sales area or allow for retail distribution of products at that location.

(m) Location Requirements. Cannabis manufacturing permittees shall locate in a site consistent with section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019)

(a) No person shall operate a cannabis microbusiness in the City without a valid cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued.

(b) Permit Fee. A cannabis microbusiness permit program fee is established and imposed. The City Council shall establish by resolution the amount of the permit fee and any related penalties.

(c) All cannabis commercial activity that will be conducted by the permittee shall be included on the permit application. No additional cannabis activity can be conducted without applying for and receiving written permission from the City for that additional activity. Microbusinesses will count towards dispensary limit unless otherwise directed by the City Council.

(d) Location Requirements. Cannabis microbusiness permittees shall locate in a site consistent with section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019)

(a) Permit Required. No person shall operate a cannabis delivery only business in the City without a valid City cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued.

(b) Permit Fee. A cannabis delivery-only permit program fee is established and imposed. The City Council shall establish by resolution the amount of the permit fee and any related penalties.

(c) Permissible Delivery Locations and Customers. Cannabis delivery-only retailers are subject to the following requirements:

i. Cannabis, cannabis products and cannabis accessories shall only be delivered to customers located at a residential address including a nursing or assisted living facility;

ii. The delivery of Cannabis, cannabis products and cannabis accessories to any location or facility owned, leased or occupied by a public agency, including but not limited to, a public school, library, and community center, is expressly prohibited;

iii. No deliveries shall be conducted on private property open to the public, including but not limited to, business and professional offices, retail stores and their adjoining parking lots, places of assembly, eating and drinking establishments.

iv. Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a Licensee or Permit Holder, that facilitates directs or assists the retail sale or delivery of cannabis, cannabis products, or cannabis accessories, is expressly prohibited and shall be a violation of this chapter.

(d) All cannabis and cannabis products being delivered shall be obtained from the site of the cannabis business that is authorized to deliver cannabis. No cannabis or cannabis products may be delivered from any other facility, such as a separate storage facility or a cannabis product manufacturing facility.

(e) No person delivering cannabis, cannabis products and cannabis accessories shall possess more than $3,000 worth of cannabis and cannabis products at any time.

(f) The cannabis delivery only business shall use and maintain computer software to record the following information relating to each delivery:

i. A delivery request that includes the date of the request, the full name of the person requesting the delivery, a specific description of the items requested, whether each item is a medical cannabis or adult-use cannabis product, and the address to which the items are to be delivered;

ii. The name of the person who delivered the items; and

iii. The date and time of the delivery.

(g) A person delivering cannabis or cannabis products on behalf of a cannabis non-storefront retailer shall carry the following items:

i. A copy of the dispensary's current dispensary permit;

ii. The person's government-issued identification;

iii. Evidence of the person's City-issued cannabis employee permit; and

iv. A copy of the delivery request as described in subsection (f).

(h) Upon demand of a peace officer or City employee authorized to enforce this chapter, a person delivering cannabis or cannabis products pursuant to this section shall present the items listed in subsection (g) for examination.

(i) No person shall deliver cannabis to anyone except the person who requested the delivery. The person delivering the cannabis shall confirm compliance with sections 6.36.370 (g) (medical cannabis dispensing operations) and 6.36.370(f) (adult-use cannabis dispensing operations), as applicable, by inspecting the relevant identification and documentation before handing the cannabis or cannabis product to the customer.

(j) A cannabis delivery-only retailer shall maintain the information described in subsection (f) for at least three (3) years on the site and shall produce the information to the city upon request.

(k) Delivery-Only Vehicle Requirements. Prior to commencing operations, a Cannabis Non-Storefront Retailer shall provide the City with all information requested by the Police Chief or designee(s) regarding the vehicles used to deliver cannabis to customers. Such information shall include, but not be limited to the following:

i. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.

ii. Proof of insurance as required in section 6.36.140 (b) for any and all vehicles being used to deliver cannabis or cannabis products.

iii. The make, model, color, and license number of all vehicles owned or leased by the commercial cannabis retailer and used to deliver cannabis or cannabis products.

(l) Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or from a permitted cannabis delivery-only retailer site.

(m) Location Requirements. Cannabis non-storefront retail permittees shall locate in a site consistent with Section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019; Ord. No. 1287, § 2, 6-2-2020)

(a) Permit Required. No person shall operate a cannabis storefront retailer in the City without a valid City cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued.

(b) Permit Fee. A cannabis storefront retailer permit program fee is established and imposed. The City Council shall establish by resolution the amount of the cannabis business permit fee for a storefront retailer and any related penalties.

(c) Operating Hours. The maximum hours of operation for a cannabis storefront retailer shall be established by the conditional use permit issued by the City, provided that the hours shall not exceed the maximum hours of operation allowed under state law.

(d) Indoor Operations Only. A cannabis storefront retailer permittee shall not allow cannabis, cannabis products, or cannabis accessories on the dispensary site to be visible from the public right-of-way, the unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.

(e) Restricted Access to Cannabis Storefront Retailer Premises. An A-licensee shall not allow any person under twenty-one (21) years of age access to a licensed cannabis dispensary, unless the A-licensee also holds an M-license and the licensed premises for the A-license and M-license are the same. A M-licensee may allow access to a licensed cannabis dispensary to any person eighteen (18) years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the California Health and Safety Code, or who is a qualified patient in possession of a valid physician's recommendation in their name, or who is a primary caregiver for a person in possession of a valid physician's recommendation, or any person twenty-one (21) years of age or older, if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.

(f) Adult Use Only. A cannabis storefront retailer with an A-license from the State shall only sell adult-use cannabis to persons who are twenty-one (21) years of age or older, and who are in possession of a valid government-issued identification card.

(g) Medical Cannabis Dispensing Operations. A cannabis retailer that is expressly authorized to sell medical cannabis pursuant to this chapter and state law shall sell medical cannabis only to:

i. A person eighteen (18) years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the California Health and Safety Code; or

ii. Qualified patients with a currently valid physician's recommendation in compliance with the Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code section 11362.7 et seq.), and valid government-issued identification such as a Department of Motor Vehicles driver's license or State Identification Card; or

iii. Primary caregivers with a verified primary caregiver designation by their qualified patients, a copy of their qualified patient's valid physician's recommendation in compliance with the Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code section 11362.7 et seq.), and valid official identification such as a Department of Motor Vehicles driver's license or State Identification Card.

iv. No cannabis business that is expressly authorized to sell medical cannabis pursuant to this chapter shall have a physician on the dispensary site to evaluate patients or provide a recommendation for medical cannabis.

(h) Maintenance of Medical Cannabis Records. A cannabis retailer shall maintain records of the following information for each member and customer of the dispensary that purchases medical cannabis:

i. The name, date of birth, physical address, and telephone number; and their status as a qualified patient or primary caregiver.

ii. A copy of each qualified patient's written physician recommendation and their designation of a primary caregiver.

iii. These records shall be maintained by the cannabis retailer for a period of not less than three (3) years and shall be produced to the city within twenty-four (24) hours after receipt of the City's request.

iv. The storefront cannabis dispensary shall report any loss, damage or destruction of these records to the Police Chief within twenty-four (24) hours of the loss, damage or destruction.

(i) Cannabis Accessories. A cannabis dispensary that is expressly authorized to sell cannabis pursuant to this chapter, whether medical cannabis or adult-use cannabis, may also sell cannabis accessories and display cannabis accessories.

(j) Restrictions on Alcoholic Beverages. No storefront cannabis dispensary or manager shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages; or operate a business on or adjacent to the dispensary site that sells alcoholic beverages.

(k) Site Requirements.

i. Floor Plan. A cannabis storefront retailer must have a lobby waiting area at the entrance to receive persons to verify that they are members of that dispensary or are otherwise allowed to be on the dispensary site. A dispensary must also have a separate and secure area designated for selling cannabis, cannabis products, and cannabis accessories to its customers, provided that such secured areas do not violate the emergency egress requirements in the Building Code. The main entrance must be located and maintained clear of barriers, landscaping, and similar obstructions so that it is clearly visible from public streets or sidewalks.

ii. Storage. A cannabis storefront retailer must have adequate locked storage on the dispensary site, identified and approved as a part of the security plan, for after-hours storage of cannabis and cannabis products. Cannabis and cannabis products must be stored at the dispensary site in secured rooms that are completely enclosed and do not violate the emergency egress requirements in the Building Code or in a safe that is bolted to the floor.

(l) Signage. A cannabis storefront retailer shall post in the lobby of the dispensary site signs that state the following:

i. "Smoking, ingesting, or consuming cannabis or cannabis products on this site or in a public place is prohibited."

ii. A cannabis storefront retailer that is only authorized to sell medical cannabis must have a sign stating, "Medical cannabis sales only. Only qualified patients and primary caregivers may enter. Any qualified patient or primary caregiver under eighteen (18) years of age must be in the presence of their parent or legal guardian."

iii. A cannabis storefront retailer that is only authorized to sell adult-use cannabis must have a sign stating, "Adult-use cannabis sales only. Persons under twenty-one (21) years of age are prohibited from entering."

iv. A cannabis storefront dispensary that is authorized to sell both medical and adult-use cannabis must have a sign stating, "Medical and adult-use cannabis for sale. Persons under twenty-one (21) years of age are prohibited from entering this property unless they are a qualified patient or a primary caregiver. Any qualified patient or primary caregiver under eighteen (18) years of age must be in the presence of their parent or legal guardian." If separate rooms are provided for medical cannabis and adult-use cannabis, the signs may be posted next to each room as appropriate.

v. Each sign described in must be at least eight (8) inches by ten (10) inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons in the normal course of a transaction.

vi. The signs must not obstruct the entrance or windows of the dispensary.

vii. Each sign shall comply with California's accessibility requirements for persons with visual impairments.

(m) Restricted Site.

i. All entrances into a storefront cannabis dispensary's building shall be locked from the exterior at all times with entry controlled by dispensary personnel, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

ii. A manager must be on the dispensary site at all times that any other person, except for security guards, is on the site.

iii. While on the dispensary site, managers and staff of the cannabis dispensary permittee must maintain evidence of their City-issued cannabis employee permit at all times.

iv. Any person other than managers or staff who are on the dispensary site must sign in, wear a visitor badge, and be escorted on the site by a manager, or designee, at all times.

(n) Cannabis Cultivation Prohibited. No cannabis storefront dispensary shall grow or cultivate cannabis, except for immature nursery stock cannabis plants, on the dispensary site.

(o) Location Requirements. Cannabis storefront retail permittees shall locate in a site consistent with section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019)

(a) Permit Required. No person shall operate a cannabis testing laboratory business in the City without a valid City cannabis business permit issued pursuant to this chapter, or in a manner that is inconsistent with the permit issued.

(b) Permit Fee. A cannabis testing laboratory permit program fee is established and imposed. The City Council shall establish by resolution the amount of the cannabis business permit fee for a cannabis testing laboratory and any related penalties.

(c) Indoor Testing Only. A cannabis testing laboratory permittee shall only test cannabis in a fully enclosed building.

(d) Site Requirements. A cannabis testing laboratory site shall comply with the following requirements:

i. Entrances. All entrances into the buildings on the laboratory site shall be locked at all times with entry controlled by the cannabis testing laboratory permittee's managers and staff, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

ii. 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 permittee provided that such secured areas do not violate the emergency egress requirements in the Building Code.

iii. 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.

iv. 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 permittee, provided that such secured areas do not violate the emergency egress requirements in the Building Code.

(e) Signage. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site signs that state the following:

i. "This site is not open to the public."

ii. "Retail sales of any goods and services is prohibited."

iii. "Persons under twenty-one (21) years of age are prohibited from entering this site."

iv. "Smoking, ingesting, or consuming cannabis or cannabis products on this site or in a public place is prohibited."

v. Each sign must be at least eight (8) inches by ten (10) inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the testing site.

vi. Each sign shall comply with California's accessibility requirements for persons with visual impairments.

(f) Restricted Site. No cannabis testing laboratory permittee shall open their laboratory site to the public.

i. No cannabis testing laboratory permittee shall 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.

ii. A manager must be on the laboratory site at all times that any other person, except for security guards, is on the site.

iii. While on the laboratory site, managers and staff of the cannabis testing laboratory permittee must maintain evidence of their City-issued cannabis employee permit at all times.

iv. Any person other than managers or staff who are on the laboratory site must sign in, wear a visitor badge, and be escorted on the site by a manager, or designee, at all times.

(g) Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or from a permitted cannabis testing laboratory site.

(h) Location Requirements. Cannabis testing laboratory permittees shall locate in a site consistent with section 10.08.3196.

(Ord. No. 1277, § 2(Exh. A), 12-3-2019)