Article 1 — Licensing of Cannabis Operations

2700 - Purpose and applicability.

(a)

Purpose. This Chapter establishes standards to encourage a well-regulated cannabis industry, to eliminate illegal cannabis operations and access to illegal and untested cannabis and to protect the health, life, safety and general welfare of residents, particularly vulnerable minors by establishing local regulatory oversight of adult-use cannabis activities including cultivation and other commercial cannabis activities licensed by California.

(b)

Applicability. The standards of this Chapter shall apply to all commercial cannabis activities in unincorporated portions of the County of Ventura, in the AE, M2 and M3 zoning districts in compliance with Division 8 (Planning and Development) of the Ventura County Code of Ordinances. Nothing in this Chapter is intended, nor shall it be construed, to: (i) allow persons to engage in conduct that endangers others or causes a public nuisance; (ii) exempt commercial cannabis activity from compliance with all applicable County codes and ordinances including, but not limited to, applicable zoning and land use regulations, as well as any applicable State laws; or (iii) protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, use of and/or any other activity associated with controlled substances, or to authorize conduct that is unlawful under State or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this Chapter and this Chapter is not intended to, and does not authorize conduct or acts that violate federal law and does not protect any person from arrest or prosecution under those federal laws. Persons engaged in cannabis activities assume any and all risk and any and all liability that may arise or result under State and federal laws from the cultivation, sale, possession, distribution, use of cannabis and/or any other cannabis activity.

(Ord. No. 4592 (Voter Initiative Measure "O"), § 3, 11-3-2020)

2701 - Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this Section unless the context clearly requires otherwise:

(a)

"Applicant" means a person or entity who has submitted an application for a cannabis business license or renewal of a cannabis business license issued pursuant to this Chapter.

(b)

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including, but not limited to, separated resin. "Cannabis" also means medical and non- medical marijuana. "Cannabis" does not include industrial hemp, as defined in section 11018.5 of the Health and Safety Code as may be amended.

(c)

"Cannabis business license" means a license issued by the County to an applicant to engage in commercial cannabis activities under this Chapter.

(d)

"Commercial cannabis nursery cultivation" means the production of only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis pursuant to a nursery cannabis license issued under Business and Professions Code section 26000, et seq.

(e)

"Commercial cannabis activity" means any activity, recreational or medicinal, including the cultivation, nursery cultivation, distribution, processing, storing, or sale of cannabis and/or cannabis products as permitted by this Chapter. "Commercial cannabis activity" does not include personal use.

(f)

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

(g)

"Commercial cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products between cannabis licensees pursuant to a distributor cannabis license under Business and Professions Code section 26000, et seq.

(h)

"Commercial cannabis operation" means any person or entity that engages in commercial cannabis activities.

(i)

"Commercial cannabis processing" means all activities associated with drying, curing, trimming, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.

(j)

"County Executive Officer" means the County Executive Officer of the County of Ventura, his or her deputies or any other County officer charged with the administration of the provisions of this Chapter, including to issue a license, license renewal or notice of denial of a license to any applicant.

(k)

"Day care center" means licensed infant centers, preschools, extended day care facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.95 of the Health and Safety Code, but does not include family day care homes.

(l)

"Distribution" means the procurement, sale, and/or transport of cannabis and cannabis products between two (2) or more cannabis businesses pursuant to Business and Professions Code section 26000, et seq, as may be amended.

(m)

"Drug rehabilitation center" means a State or local agency, a licensed private or nonprofit entity or combination thereof that operates drug abuse rehabilitation programs or offers medical or psychotherapeutic treatment for dependency on psychoactive substances.

(n)

"Engaged or engages in cannabis operations" means the commencing, conducting, operating, managing or carrying on of a cannabis business or operation, the exercise of corporate or franchise powers, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the unincorporated area of the County or coming into the unincorporated area of the County from an outside location to engage in such activities. A person shall be deemed engaged in cannabis operations within the County, if, among other things:

(1)

Such person or person's employee maintains a fixed place of business within the unincorporated area of the County for the benefit or partial benefit of such person;

(2)

Such person or person's employee owns or leases real property within the unincorporated area of the County for business purposes;

(3)

Such person or person's employee regularly maintains a stock of tangible personal property in the unincorporated area of the County for sale in the ordinary course of business;

(4)

Such person or person's employee regularly conducts solicitation of business within the unincorporated area of the County;

(5)

Such person or person's employee performs work or renders services in the unincorporated area of the County; or

(6)

Such person or person's employee utilizes the streets within the unincorporated area of the County in connection with the operation of motor vehicles for business purposes.

(o)

"Greenhouse" means a permanent structure, including glasshouses, conservatories, hothouses, or other similar structures for the covered propagation and growing of plants, constructed with a translucent roof and/or walls.

(p)

"Licensee" means a person issued a County cannabis business license under this Chapter.

(q)

"Park" means an area of land used for community recreation owned or operated by a public entity. This definition does not include any State or federal park or forestland.

(r)

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

(s)

"Personal use" means the cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use or by a primary caregiver for their qualified patient(s) in accordance with State law.

(t)

"Premises" means the designated structure or structures and land specified in the State application that is owned, leased or otherwise held under the control of the applicant where the commercial cannabis activity will be or is conducted.

(u)

"Property owner" means the individual or entity who is the record owner of the lot where commercial cannabis activities are located or are proposed to be located.

(v)

"Residential neighborhood" means any of the urban residential zones enumerated in Section 8104-3 as of March 4, 2020.

(w)

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the Education Code, or any preschool facility. This definition includes a nursery school, preschool, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or day care centers or youth centers.

(x)

"State" means the State of California.

(y)

"State license" means a State license for cannabis issued pursuant to California Business and Professions Code sections 26000, et seq., as may be amended, or other authority.

(z)

"State licensing authorities" means the California Department of Food and Agriculture or CalCannabis, the California Department of Public Health or the Manufactured Cannabis Safety Branch, the California Department of Consumer Affairs or the Bureau of Cannabis Control, or other State department(s), bureau(s) and/or office(s) that issue cannabis licenses.

(aa)

"Treasurer-Tax Collector" means the elected Treasurer-Tax Collector of the County of Ventura, his or her deputies or any other County officer charged with the issuing licenses, noticing denials of licenses or renewing of licenses to applicants pursuant to the provisions of this Chapter.

(bb)

"Youth centers" means any public or licensed 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.

(Ord. No. 4592 (Voter Initiative Measure "O"), § 3, 11-3-2020)

2702 - Allowed uses and requirements.

(a)

Allowed uses for commercial cannabis activities.

(1)

Commercial cannabis activities shall only be permitted in zoning districts in which such activities are specifically designated in Division 8 and only to the extent authorized in the applicable provisions of this Chapter.

(2)

All commercial cannabis activity shall comply with applicable State laws and regulations, as may be amended, including all license, approval, inspection, reporting and operational requirements imposed by the State and its regulatory agencies having jurisdiction over commercial cannabis activity, including but not limited to the Bureau of Cannabis Control, the Department of Fish and Wildlife, the Department of Food and Agriculture, the Department of Public Health, the Department of Pesticide Regulation, the Department of Tax and Fee Administration, and the State Water Resources Control Board.

(3)

State law requires dual licensing at the State and local level for all commercial cannabis activity. All commercial cannabis businesses shall be required to diligently pursue and obtain a State cannabis license, and shall comply at all times with the applicable State licensing requirements and conditions.

(4)

Any person who intends to engage in a commercial cannabis activities in the unincorporated area of the County shall obtain a cannabis business license, pursuant to Section 2704. A separate cannabis business license shall be required for each person or entity for each fixed location in which the commercial cannabis activity is to occur. A cannabis business license shall be obtained before the commencement of business or, if the business is in operation and a license possessed, renewed prior to the expiration of such license. It is unlawful for any person to conduct, engage in, or allow to be conducted or engaged in a commercial cannabis activity in the unincorporated area of the County, unless the County has issued such person a business license under this Chapter and the license is in effect.

(5)

A commercial cannabis operation engaging in commercial cannabis cultivation or commercial cannabis nursery cultivation shall be considered an "agricultural activity, operation or facility" for purposes of Section 8114-2.1.1.

(6)

For the purpose of the California Land Conservation Act of 1965 (Government Code, § 51200 et seq.), also known as the Williamson Act, and the Ventura County Land Conservation Act Guidelines, commercial cannabis cultivation and commercial cannabis nursery cultivation shall be considered an "agricultural use" and the following associated activities are considered "compatible uses": drying, curing, testing, trimming, packaging and distribution.

(b)

Requirements for commercial cannabis activities. The following commercial cannabis activities are permitted within the AE, M2 and M3 zoning districts in compliance with Division 8 (Planning and Development) of the Ventura County Code of Ordinances, subject to both the requisite State license and cannabis business license, pursuant to Section 2704 and the conditions required by this Section:

(1)

Commercial Cannabis Cultivation. Commercial cannabis cultivation shall:

(A)

Be located in a pre-existing permanent greenhouse or indoor facility;

(B)

Not exceed five hundred (500) acre of total canopy;

(C)

Not occur outdoors or via hoop house cultivation.

(2)

Commercial cannabis nursery cultivation. Commercial cannabis nursery cultivation shall:

(A)

Be located in a pre-existing permanent greenhouse or indoor facility;

(B)

Not exceed one hundred (100) acres total canopy;

(C)

Be non-flowering and not emit odor.

(3)

Commercial cannabis processing for the purposes of supporting commercial cannabis cultivation or commercial cannabis nursery cultivation by the licensee.

(4)

Commercial cannabis distribution for the purposes of self-distribution supporting commercial cannabis cultivation or commercial cannabis nursery cultivation by the licensee.

(Ord. No. 4592 (Voter Initiative Measure "O"), § 3, 11-3-2020)

2703 - General commercial cannabis activities development standards.

(a)

The premises, as defined in Section 2701, shall not be located within a 1,200-foot radius of schools, day care centers, youth centers, drug rehabilitation centers, parks or residential neighborhoods, in existence on March 4, 2020. The distance specified in this Section shall be the horizontal distance measured in a straight line from the premises to the property line of the parcel.

(b)

Blackout shading shall be used to limit artificial lighting emanating from a greenhouse or indoor facility.

(c)

Commercial cannabis activities licensed by this Chapter shall comply with all pesticides guidelines pursuant to section 26060 of the Business and Professions Code.

(d)

Commercial cannabis activities licensed by this Chapter shall comply with local regulations and State law.

(e)

Commercial cannabis activities licensed by this Chapter shall also comply with all State requirements for the applicable State cannabis license.

(Ord. No. 4592 (Voter Initiative Measure "O"), § 3, 11-3-2020)

2704 - Cannabis business licenses required.

(a)

The Ventura County executive officer's office shall administer the cannabis business licenses program.

(b)

The County shall issue cannabis business licenses for the following commercial cannabis activities and an applicant may possess more than one (1) license:

(1)

Commercial cannabis cultivation;

(2)

Commercial cannabis nursery cultivation;

(3)

Commercial cannabis processing;

(4)

Commercial cannabis distribution.

(c)

An applicant shall file an application for a cannabis business licenses with the Ventura County executive officer pursuant to Section 2707.

(d)

All cannabis business licenses shall be valid for one (1) year from the date of issuance by the County Executive Officer, unless suspended or revoked by the County pursuant to Section 2717.

(e)

The County shall not renew a cannabis business licenses if the licensee is not complaint with this Chapter.

(f)

Possession of other types of State or County permits or licenses, shall not exempt the applicant from obtaining a cannabis business license under this Chapter.

(g)

The following cannabis activities are exempt from the cannabis business license requirements of this Chapter:

(1)

Possession, processing, storage, transportation, or donation of not more than twenty-eight and one-half (28.5) grams of cannabis or not more than eight (8) grams of concentrated cannabis by persons twenty-one (21) years of age or older.

(2)

Cultivation in a legally established, secure dwelling or an enclosed, legally established, secure building that is accessory to a dwelling of up to six (6) cannabis plants by persons twenty-one (21) years of age or older as allowed pursuant to Health and Safety Code section 11362.1(a), as may be amended.

(h)

An applicant must receive all necessary land use entitlements which are final, un-appealable, approved and issued, before the County will issue a cannabis business license under this Chapter. However, to apply for a cannabis business license, an applicant may submit a land use entitlement/permit application that has been accepted by the planning and development department in accordance with