Vista Municipal Code § 5.97 Commercial Cannabis Cultivation

Section 5.97.010 Authority; Purpose; Conflicts of Law

A. This chapter is adopted pursuant to sections 5 and 7 of Article XI of the California

Constitution and the authority reserved to cities pursuant to state law, including without limitation, Government Code § 11362. 83 and Business and Professions Code § 26200. B. This chapter, consistent with state law, creates regulations to govern commercial cannabis cultivation and persons engaged in commercial cannabis cultivation activities. C. This chapter only authorizes commercial cannabis cultivation activities licensed and conducted in accordance with this chapter, and no other form of commercial cannabis activity whatsoever. D. In the event of a conflict between the provisions of this chapter and the provisions of any applicable state or local law or regulation, the more restrictive provision shall control. To the extent allowed by state law, the City shall have the right, but not the obligation, to enforce all applicable state laws. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.020 Definitions

The following definitions shall apply to this chapter unless the context clearly denotes

otherwise.

Applicant” means a person or legal entity who is required to file an

application for a license under this chapter.

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Business” means all activities engaged in, or caused to be engaged in within the

City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to that employee' semployer.

Business Licensing Division” as used in this chapter is defined to mean the

department within the City that reviews, issues, and manages business licenses.

Cannabis” means, except as specified herein, all parts of the 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. For the purpose of this Chapter, “ cannabis” does not mean “ industrial hemp” as defined by Section 11018. 5 of the California Health and Safety Code.

Canopy” means the designated area(s) at a City licensed premises that contain or

will contain mature Cannabis plants at any point in time. The canopy for each premises shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including any and all space(s) within such boundaries. The canopy for any premises may be noncontiguous; provided, that each unique area included in the total canopy calculation for any premises shall be separated by an identifiable boundary. Identifiable boundaries may include, but are not limited to, interior walls or shelves. If plants are being cultivated using a shelving system, the surface of each level shall be included in the total canopy calculation.

City” means the City of Vista.

City Manager” means the City Manager of the City or the City Manager’ s designee.

Unless explicitly specified otherwise, the City acts through the City Manager and/or his/her designee.

Commercial Cannabis Activity” shall have the meaning set forth in California Business

and Professions Code Section 26001(k), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided in the Medicinal and Adult- Use Cannabis Regulation and Safety Act (“ MAUCRSA,” California Business and Professions Code Sections 26000 et seq.) and for which a state license or nonprofit license is required.

Commercial Cannabis Business” includes any persons engaged in commercial

cannabis activity.

Commercial cannabis cultivation business license” means a regulatory license

issued by the City pursuant to Chapter 5.97 to a commercial cannabis cultivation business and is required before any commercial cannabis cultivation business may be conducted in the City.

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Cultivation” shall have the meaning set forth in California Business and Professions

Code section 26001( l), which includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Cultivator” means a person engaged in cultivation.

Day Care Center” has the same meaning as in California Health and Safety Code

Section 1596.76.

Employee” includes any person who renders any service, with or without compensation, to a commercial cannabis cultivation business or any person performing some or all of the functions of an employee of a commercial cannabis cultivation business. The term “ employee” shall include volunteers, part-time, full-time, contract, temporary, and permanent employees.

Equity Business” means a cannabis business where a minimum of fifty-one percent

51%) ownership in the business is held by equity applicant( s) as defined in the City’s Cannabis Equity Program Manual.

Existing Residential Use” means a residential Pipeline Project or lawfully constructed

structure or project intended for residential use within a Residential Zone.

Flowering” means that a cannabis plant has formed a mass of pistils measuring greater

than one-half inch wide at its widest point.

Immature Plant” or “ Immature” means a cannabis plant that has a first true leaf

measuring greater than one-half inch long from the base to tip, is started from seed or a mass of roots measuring greater than one-half inch wide at its widest point if vegetatively propagated and outside of a tissue container, but that is not flowering; or a container with one or more cannabis protoplasts, cells, shoots, or plantlets in culture.

Indoor Cultivation” means the cultivation of cannabis within a permanent structure using

exclusively artificial light.

Licensee” means any person holding a license under this chapter.

Live Plants” means living Cannabis flowers and plants including seeds, immature

plants, and vegetative stage plants.

Location” means any parcel of land, whether vacant or occupied by a building,

group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area.

Live Scan” means a system for inkless electronic fingerprinting and the automated

background check developed by the California Department of Justice (“ DOJ”) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the City Council.

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Mature Plant” or “Mature” means a cannabis plant that is flowering.

Marijuana” has the same definition as set forth in Health and Safety Code section

11018 and includes cannabis.

Manager” means any individual person( s) designated by a commercial cannabis

business to manage day-to-day operations of the commercial cannabis business or any person acting with apparent management authority. Evidence of management authority includes, but is not limited to, evidence that the person has the power to direct, supervise, or hire and dismiss employees or volunteers, control hours of operation, create policy rules, or purchase supplies.

Owner” means any of the following:

1. In the context of a commercial cannabis business, a person with any ownership interest,

direct or indirect, in a commercial cannabis business, whether a partner, shareholder, member, or the like, including any security, lien, or encumbrance in an ownership interest that, upon default, could become an ownership interest in a commercial cannabis business.

2. In the context of a Premises, a Person with any Ownership or long-term lease interest,

direct or indirect, in the Premises, whether as a partner, shareholder, member, joint tenant or the like.

Person” means any individual, entity, firm, partnership, joint venture, association,

corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit.

Pipeline Project” means an inventory of development projects that have been approved

but not yet built.

Premises” for commercial cannabis cultivation means the designated structure or

structures and land, or portions thereof, specified in an application for a City license or, if a City license is issued, that is owned, leased, or otherwise held under the control of the City licensee, and is designated as the structure or structures and land, or portions thereof, where the commercial cannabis cultivation will be or is conducted.

Public Parks” means outdoor premises containing existing or proposed parks, including

community parks, neighborhood parks, mini-parks, and urban parks that are currently or proposed to be owned or operated by the City or other governmental agency.

Public Street” is any public right-of-way designated for vehicular use.

RLI zone” means the area designated in the Vista Business Park Specific Plan as the

Research Light Industrial and Business Support Group ( Use Area ‘B’).”

State” means the state of California.

State Laws” means the laws of the state of California, which include, but are not limited

to, California Health and Safety Code Section 11000 et seq.; California Health and Safety Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 Compassionate Use Act of 1996 (“ CUA”)); California Health and Safety Code Section 11362. 7 et seq. (Medical Marijuana Program Act (“MMPA”)); California Health and Safety Code Section

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26000 et seq. (Medicinal and Adult- Use Cannabis Regulation and Safety Act (“MAUCRSA”)); the California Attorney General’ s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the state of California.

Transport” means transfer of cannabis or cannabis products from the premises of one

licensee to the premises of another licensee, for the purposes of conducting commercial cannabis activity authorized by state laws and this Chapter.

Youth” means an individual under 21 years of age.

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.

Youth-Oriented Business” means any for-profit or nonprofit business where the

majority of individuals who patronize, congregate, or assemble at the business location are less than 21 years old. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.030 Operation Prohibited Without a Valid License

This chapter requires all commercial cannabis cultivation operators to obtain and hold a

valid commercial cannabis cultivation license to operate within the City. The provisions of this chapter are in addition to any other licenses, licenses and approvals which may be required, now or in the future, to conduct business in the City and the State of California. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.040 Compliance with the Law

A. It shall be unlawful to own, establish, operate, use, or permit the establishment or operation of a commercial cannabis cultivation business, or to participate as an employee, contractor, agent, volunteer, or in any manner or capacity other than as provided in this chapter. The general prohibition contained in this section shall include renting, leasing, or otherwise permitting a commercial cannabis cultivation business to occupy or use a location, vehicle, or other mode of transportation. B. It shall be the sole responsibility of the owners and the operators of all commercial cannabis cultivation businesses to ensure that the commercial cannabis cultivation business they own and/or operate is, at all times, operating in a manner compliant with all current and future applicable federal, state and local laws, regulations, licensing requirements, certification requirements, and/or any additional operating procedures and/or requirements which may be imposed as conditions of approval of the commercial cannabis cultivation license. C. Every commercial cannabis cultivation business shall submit to periodic compliance checks by the City in order for the City to ensure all commercial cannabis cultivation businesses have complied and are complying with all applicable federal, state and local laws, regulations, licensing requirements and certification requirements. The City’s compliance checks will be conducted during the normal business hours of a commercial cannabis cultivation

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business. The City’s compliance checks may be conducted with or without advance notice to a commercial cannabis cultivation business. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.050 Prohibited and Authorized Commercial Cannabis Cultivation Activity

A. Outdoor Cultivation Prohibited. All commercial cannabis cultivation activities must

always occur indoors. Outdoor cultivation is strictly prohibited. B. Cannabis cultivation shall always be conducted within a fully enclosed building or buildings setback from the lot lines and public right-of-way in accordance with the development standards for the zone classification in which it is located. C. Authorized cultivation license types are limited to the following: 1. Specialty Cottage Indoor- an indoor cultivation site with 500 square feet or less of total canopy. 2. Specialty Indoor- an indoor cultivation site with between 501 and 5,000 square feet of total canopy. 3. Small Indoor– an indoor cultivation site with between 5,001 and 10,000 square feet of total canopy. 4. Medium Indoor An indoor cultivation site with between 10,001 and 22,000 square feet of total canopy. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.060 Numerical Limits

At any given time, the number of commercial cannabis cultivation licenses issued by the City shall not exceed three ( 3) licenses. No person shall be issued more than one commercial cannabis cultivation license. No individual or entity shall own any amount of ownership interest in more than one City commercial cannabis cultivation license or commercial cannabis cultivation business operating in the City at any time. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.070 Location of Commercial Cannabis Cultivation Businesses

A. The commercial cannabis cultivation business facility location identified in an

application must satisfy all of the following: ( 1) be within the RLI zone; ( 2) be authorized pursuant to a City issued special use permit, as further specified in paragraph D; ( 3) be outside a 600 hundred foot radius surrounding any day care center, youth center, youth-oriented business, public park, or school providing instruction in kindergarten or any grades 1 through 12; and (4) be outside a 600 hundred foot radius of any residentially- zoned property. B. The distances in paragraph A shall be considered at the time the license is approved and shall be measured as provided in Health and Safety Code section 11362.768 or as otherwise provided by law. C. Interpretations and determinations regarding distances and separations shall be made by the licensing officer. D. The special use permit described in paragraph A shall be permitted in accordance with section 18.74.120 of the Vista Development Code, except that the requirements of 18.74.120(A)(2) shall be replaced with the determination that the proposed use, in the manner to be conducted, is permitted in the applicable zone and will conform to applicable state and local laws and regulations. E. Multiple indoor cannabis cultivations may operate on a single lot provided all the following are met: ( 1) A City special use permit has been granted for cannabis cultivation and

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specifies the number and size of each proposed licensed premises; ( 2) each licensed premises is separately licensed by the City and the State for cannabis cultivation; ( 3) the individual canopy size of each cannabis cultivator complies with State law, and (4) the cumulative canopy area for all cannabis cultivation operators on one lot does not exceed a total amount of forty-four thousand 44,000) square feet. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.080 License Application; Contents; Process

A. An application for a commercial cannabis cultivation license shall be made on a form prescribed by the City. The application shall be accompanied by an application fee in an amount established by resolution of the City Council and the fee for a Special Use Permit. The application shall include a statement, made under penalty of perjury, certifying that all of the information contained in the application is true and correct. B. The City Manager shall establish the schedule, rules, and procedures for the submittal of applications. A lottery system will be used to select the initial three commercial cannabis cultivation businesses allowed to apply for a commercial cannabis cultivation license under this chapter, as well as to establish a waiting list. A minimum of one of the applicants selected through the lottery shall be an equity applicant. If, after the first two applicants are selected, a non-equity applicant is selected that non-equity applicant, and any subsequent selected non-equity applicants, will be placed on the wait list until an equity applicant is selected through the lottery. No license will be issued until the prospective applicant obtains a special use permit from the City for its proposed commercial cannabis cultivation business location. If a selected business fails to obtain a special use permit in the time allotted under the rules and procedures established by the City Manager, or if that business allows the special use permit to expire, that business will forfeit its right to apply for a license, and the applicant numerically next on the waiting list will be given the opportunity to apply for the license. Equity applicants shall have up to one year after the other commercial cannabis cultivation businesses receive a commercial cannabis cultivation business license to obtain their cultivation license. If the equity applicant is unable to obtain a commercial cannabis cultivation business license within that time, that equity applicant shall forfeit its right to apply for a license and the applicant numerically next on the waiting list, regardless of equity status, will be given the opportunity to apply for the license. The waiting list, if any, shall automatically expire contemporaneous with the time when all three initial commercial cannabis cultivation business licenses have been issued. C. If a commercial cultivation license becomes available any time after the initial three commercial cannabis cultivation licenses have been issued, the City shall use a lottery system to select an applicant who will be given the opportunity to obtain an available commercial cultivation license, as well as to establish a waiting list. If the commercial cultivation license that becomes available is due to an equity applicant’ s business losing its license for any reason, the lottery system to select an applicant shall only consist of equity applicants. If no equity applicants apply for the lottery, the City Manager shall make conduct a new lottery and make that license available to non-equity applicants. If a selected applicant, both equity and non-equity applicants, fails to obtain a special use permit in the time allotted under the rules and procedures established by the City Manager, that applicant will forfeit the spot and the spot will be offered to the applicant numerically next on the waiting list. The waiting list, if any, shall automatically expire contemporaneous with the time when a successful applicant obtains a commercial cannabis cultivation business license. D. An application for a cannabis cultivation license shall, at a minimum, include the following: 1. The name, mailing address, and telephone number of the applicant.

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2. The address from which the commercial cannabis cultivation business will

operate. 3. Proof of organizational status, such as articles of incorporation, partnership agreements, or other documentation as may be required by the City. 4. The name of each member of the management and ownership team, with such other identifying information as the City may require. 5. A completed criminal background check, inclusive of Live Scan results, for each member of the management and ownership team to determine if any member has a precluding conviction. The application should include a copy of the Live Scan application form for each member of the management and ownership team. The results of the Live Scan are delivered to the City independently. 6. Documentation establishing that the applicant is, or will be, entitled to possession of the premises for use as a commercial cannabis cultivation business for which the application is made. Evidence of lawful possession consists of a properly recorded deed, lease, evidence of ownership of the premises, or other written documents acceptable to the City. The licensed premises shall only be the geographical area that is specifically and accurately described in executed documents verifying lawful possession. Licensees are not authorized to relocate to other areas or units within a building structure without first filing an application for a modification of the local license, obtaining a special use permit for the new premises, and obtaining approval from the City. 7. An operating plan for the proposed commercial cannabis cultivation business including, at a minimum, the following information: a. A general description of the cannabis cultivation activities and steps to be taken to prevent diversion of cannabis. b. A floor plan designating all interior dimensions and the layout of the cannabis cultivation business, including canopy area(s), areas designated for immature plants, designated processing area(s) ( if applicable), designated pesticide and agricultural chemical storage, lighting, and security camera locations. 8. A security plan for the proposed commercial cannabis cultivation business including, at a minimum, the following security requirements: a. Video surveillance. The commercial cannabis cultivation facility must be equipped with a video surveillance system that meets all of the requirements of Cal. Code Regs., Title 16, section 15044 as well as those set forth in this subsection. b. Security cameras and digital storage of recordings shall be maintained in good condition and used in an on-going manner, twenty- four ( 24) hours per day, and seven ( 7) days per week. c. The security system must maintain at least ninety ( 90) calendar days of digitally recorded video for each security camera in the licensed premises. Security footage should be stored in an MPEG4, MJPEG, H. 264, or another format approved by the City in writing and the recorded video shall be made available to the Sheriff Department or the City immediately upon request. d. Security cameras must provide adequate and sufficient coverage for the entire facility such that the entire facility is under security camera surveillance at all times. Security cameras must also provide adequate and sufficient coverage for all areas of ingress and egress to the facility at all times. e. The video surveillance system must be equipped with a failure notification system that provides prompt notification to a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services, of any surveillance interruption or complete failure of the surveillance system that lasts longer than fifteen 15) minutes. The licensed alarm company must promptly report any such notification to the Sheriff Department.

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f. The video surveillance system shall have sufficient battery backup to support a minimum of twelve ( 12) hours of recording in the event of a power outage. g. Unless waived by the City in writing, the video surveillance system shall stream a live feed accessible to the Sheriff Department via a secure internet portal, virtual private network or other form of secure remote access. h. Alarm system. The commercial cannabis cultivation facility shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows, operated, and monitored by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services, and approved by the City. " Perimeter entry points" includes, regardless of size, all doors, windows, hatches and/or points at which persons or systems ( such as HVAC systems) enter a structure. i. Signage requirement. The commercial cannabis cultivation facility must comply with the following signage requirements: a sign shall be posted in a conspicuous place near each point of access to the facility which shall be not less than twelve (12) inches wide and twelve (12) inches long, composed of letters not less than one (1) inch in height, stating " All Activities Monitored by Video Camera." j. Lighting. The commercial cannabis cultivation facility' s points of access and all window areas shall be sufficiently illuminated during evening hours such that security cameras can record clear video of any activity at or around the facility’ s points of access and window areas. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, and other restrictions, and secure the necessary approvals and permits as needed. k. Commercial- grade locks. All points of ingress and egress to a commercial cannabis cultivation facility shall ensure the use of commercial- grade ( i.e. non- residential) door locks and window locks. 9. Written authorization for the City to seek verification of the information contained within the application and authorization for the City or its agents to conduct background check( s). 10. A capital investment and business plan demonstrating that sufficient investment for the business has been obtained, and that the business can maintain its operations for a period of at least five ( 5) years. To the maximum extent permitted by law, the capital investment and business plan shall be kept confidential. 11. A complete management and ownership team report, inclusive of all required information, demonstrating that the management and ownership team have the skills, experience and track record to assure that the commercial cannabis cultivation business will continuously operate in manner that will satisfy all state and local laws. 12. A copy of the commercial cannabis cultivation business’ s commercial general liability insurance policy and all other insurance policies related to the operation of the commercial cannabis cultivation business. 13. A signed defense and indemnity agreement by which the applicant agrees to defend and indemnify the City, its officers, employees, and agents for any legal challenge to the issuance of a license to the applicant pursuant to this chapter, including any decisions to renew or extend that license. 14. Any additional information that the City may request, at any time, to process and fully investigate the application. The additional information must be provided to the City no later than thirty ( 30) days after the date of the request unless otherwise specified by the City. Failure to provide such additional information by the requested deadline may result in denial of the application Ord. No. 2024-11, Enacted, 10/22/2024)

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Section 5.97.090 License Term; Expiration; Renewal

A. A commercial cannabis cultivation license shall have an initial term which begins

on the date the license is issued and ends on the first June 30 which is at least ninety (90) days following the date the license is issued. Thereafter, each commercial cannabis cultivation license shall be in force for a one (1) year term which runs from July 1 through June 30, provided that the license is timely and successfully renewed as provided in sub-sections B through D, below. B. A licensed commercial cannabis cultivation business may apply for the renewal of its license no less than thirty ( 30) days prior to the license’ s expiration date. If the licensed commercial cannabis cultivation business files a renewal application within thirty ( 30) days prior to expiration, the licensee shall provide a written explanation detailing the circumstances surrounding the late filing. The City may accept or reject such late filing in its discretion. The City may elect to administratively continue a local license past its expiration date, provided that the licensee has submitted a renewal application that is complete and pending final action by the City. C. An application for renewal will only be accepted by the City if it is accompanied by the requisite renewal licensing fee. D. Each application for renewal shall include updated information for any part of the application that has undergone a change in circumstance since the original application or last renewal filing and shall recertify all information submitted in prior application( s). E. Unless the City has expressly authorized in writing the renewal of the commercial cannabis cultivation license, a license is immediately invalid upon its expiration date and the commercial cannabis cultivation business shall cease operations immediately upon the expiration of its license. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.100 Transfer of Ownership Interest, Modification or Other Material Changes

A. A licensed commercial cannabis cultivation business must obtain prior approval for any transfer of ownership interest, modification of a cannabis cultivation facility, modification in the nature and operation of the cannabis cultivation business, or any change in its management and/or ownership team. B. An application seeking approval for any change described in paragraph A shall be made using forms prescribed by the City and shall be accompanied by an application fee in an amount set by the City. C. For a transfer of ownership interest or a change of location, a new local license must be obtained, and if applicable, a new special use permit. D. No licensee may assign and/or sublet any portion of a licensed premises. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.110 Employee Work Permits; Revocation

A. Prior to a commercial cannabis cultivation business opening for business, it shall

provide the City with the name of each person who intends to work at the facility on the day the facility opens. The list of workers shall include full-time employees, part-time employees, contractors, interns, volunteers, etc. The commercial cannabis cultivation business shall continuously update the list of persons working at the facility within ten (10) days of any change in a previously provided list. B. No person shall work at a commercial cannabis cultivation facility unless the person holds a valid work permit issued by the City pursuant to this section.

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C. The work permit application shall be made on a form provided by the City. The

completed application shall contain, at a minimum, the following information and be accompanied by the following documents: 1. The applicant’ s legal name and any other names used by the employee.

2. The applicant’ s age, date and place of birth.
   3. The applicant’ s present residence address and telephone number.
   4. A statement that the applicant has not been convicted of a felony within the

four (4) years preceding the date of the application. 5. Unless the applicant has already performed a Live Scan for the City as part of a prior application and the City is currently receiving updates of any subsequent convictions, a receipt indicating that a Live Scan has been performed with respect to the applicant and that its results will be delivered to the City so the City can confirm if the applicant has or has not been convicted of any felony within the last four years. 6. Satisfactory written proof that the employee is at least twenty-one ( 21) years of age. D. The completed application shall be accompanied by a non-refundable application fee set by the City. E. Within five ( 5) City business days after receipt of the properly completed application and Live Scan results, the City shall endeavor to grant or deny the application and so notify the applicant. The City shall grant the application and issue the permit unless the application is denied for one or more of the following reasons: 1. The employee has made any false, misleading, or fraudulent statement in the application; 2. The employee is under twenty- one (21) years of age; and/or 3. The employee has been convicted of a felony within the four ( 4) years preceding the date application was submitted. F. At any time, the City may revoke an employee work permit for any of the reasons which would allow the City to deny an initial application for an employee work permit, sub-section E, above. G. At any time, a holder of a work permit may relinquish his or her employee work permit by providing the City with a signed written direction to that effect. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.120 Suspension and Revocation of Cannabis Cultivation Licenses

A. It is unlawful for any person to operate a commercial cannabis cultivation business or engage in cannabis cultivation activity in a manner that violates any provision of this chapter, and any such violation shall be enforced as provided in this chapter. B. The City may summarily suspend or revoke a commercial cannabis cultivation business license if any of the following, singularly or in combination, occur: 1. The City determines that the licensee has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the licensing officer to deny the commercial cannabis cultivation license or employee permit during the application phase. 2. The California Department of Cannabis Control or any other governmental regulator imposes any type of discipline on a commercial cannabis cultivation business. 3. Unless due to force majeure events, operations at the commercial cannabis cultivation facility cease for more than sixty ( 60) calendar days during any one (1) year licensing period.

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4. Any portion of the ownership of the commercial cannabis cultivation

business changes without securing the necessary City or other required approvals. 5. The licensee fails to allow inspection of the commercial cannabis cultivation facility or books or records of the commercial cannabis cultivation business, including security footage, as required by this chapter.

6. The licensee fails to possess and/or maintain, in good standing, any

required state license or special use permit. C. The City may ( but has no obligation to) defer the effective date for a license suspension or revocation to permit a licensee sufficient time to file an administrative appeal before any suspension or revocation takes effect. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.130 Appeals and Reconsideration

A. An applicant or a commercial cannabis cultivation business may file an appeal if a license application or a license renewal application for a commercial cannabis cultivation business is denied, or if a commercial cannabis cultivation business license is revoked or suspended. Any person or party who has not provided an application for a license authorized by this chapter and suffered an adverse licensing decision on said application by the City shall not be able to file an appeal pursuant to this section. A timely and complete appeal must be filed with the City Clerk no later than ten (10) City business days from the earlier of the date on which the City notifies the applicant of the license denial, revocation, or suspension. The date of notice for purposes of this section shall be the earlier of the date the action is communicated by email or the date on which the City deposits a mailed notice into the United States mail. A complete appeal must include an appeal fee in an amount set by the City, and the following: ( i) the name of the party filing the appeal, which must be either the applicant or commercial cannabis cultivation business which experienced the adverse licensing decision; ( ii) an email address and street address to which correspondence may be communicated, ( iii) the licensing action which is being appealed; and (iv) all evidence, facts, and reasons to be considered and which the appellant believes support its appeal. The submitted appeal will be presented to the City Manager for action based on the materials in the record developed by the City prior to taking its action, and the materials submitted by the appellant. Before taking action, the City Manager may provide the appellant with additional evidence used or which may be used to justify the City’s action of denial and offer the appellant an opportunity to respond. Within ten (10) City business days of receiving the appeal, providing additional evidence to the appellant ( if any), and obtaining a response from appellant ( if any), the City Manager shall: ( 1) deny the appeal if the City Manager determines that the denial was permitted under the terms of this chapter; ( 2) reverse the denial if the City Manager determines that the denial was not permitted under the chapter and an approval should have been given; or 3) direct that a remand occur or such other actions be taken as may be needed to achieve better compliance with the terms of this chapter. The decision of the City Manager shall be made in writing. Rather than processing the appeal himself or herself, the City Manager may delegate his or her responsibilities to the Assistant City Manager. The decision of the City Manager, or the Assistant City Manager in the event of a delegation, shall be final, conclusive and without further administrative appeal. B. For an action not covered by paragraph A, an aggrieved party may make a written request to the City to reconsider or cause an action to be reconsidered. Such a request must be filed with the City Clerk within ten (10) City business days of the earlier of the date the City notifies the aggrieved party of the action ( for which reconsideration is sought) by email or the date on which the City deposits a mailed notice of the action into the United States mail. The request must provide: (i) the name of the party seeking reconsideration; ( ii) an email address and street address

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to which correspondence may be communicated; ( iii) the action for which reconsideration is sought; ( iv) the result sought following reconsideration; and ( v) all evidence, facts, and reasons that support the request for reconsideration. If a complete request for reconsideration is not filed within the time required by this paragraph, the action shall become final and conclusive. If a timely and complete request for reconsideration is filed, the City Clerk will provide the request to the City Manager. Within ten (10) City business days, the City Manager shall advise the aggrieved party in writing that the City Manager has decided to not adjust the action, to adjust or reverse the action, or advise the party that further evidence, information or explanation is required before a determination can be made. If the City Manager instructs the aggrieved party that additional evidence, information or explanation is required, the party shall provide it to the City Manager within ten (10) City business days of the request, or the request for consideration shall be deemed to be finally abandoned. A written determination by the City Manager shall be sent to the party seeking reconsideration within ten (10) City business days of: (1) the date on which the request for reconsideration is filed with the City Clerk; or (2) if applicable, the date on which supplemental evidence, information or explanation is provided to the City Manager in response to the request of the City Manager, provided that the supplemental evidence, information or explanation is provided before the request for reconsideration is deemed to be abandoned. Rather than processing the appeal himself or herself, the City Manager may delegate his or her responsibilities to the Assistant City Manager. The decision of the City Manager, or the Assistant City Manager in the event of a delegation, shall be final, conclusive and without further administrative appeal. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.140 Operating Requirements for Commercial Cannabis Cultivation Business

All commercial cannabis cultivation businesses shall comply with the requirements set forth in this chapter. Failure to comply with any of these requirements shall be a violation of this chapter and constitute grounds for immediate suspension and/or revocation of the violator’ s commercial cannabis cultivation business license. A. A cultivator shall always operate in compliance with all current and future State and local laws and regulations. Such laws and regulations shall include, but are not limited to: 1. State and local laws related to electricity, water usage, water quality, irrigation, discharges, and similar matters. 2. Applicable federal, state and local laws and regulations regarding use, storage, and disposal of pesticides and fertilizers. 3. The State’s track-and-trace system for cannabis. 4. The California Environmental Quality Act (CEQA). B. All operations of a commercial cannabis cultivation business shall comply with all of the applicable restrictions and mandates in this chapter, its security plan, and the terms of any special use permit issued for its operations, if any. C. A commercial cannabis cultivation business shall pay any applicable taxes pursuant to federal, state, and local laws, including without limitation the taxes required by both chapter 5.04 and chapter 7.10 of the Vista Municipal Code. D. All operations of the commercial cannabis cultivation business shall occur exclusively on and completely within its approved commercial cannabis cultivation facility, and no other land or premises within the City may be used for any functions or operations of the cannabis business, except for parking of vehicles. E. From a public right-of-way, there should be no visible exterior evidence of cultivation. F. No external signage shall be allowed on or around the commercial cannabis cultivation facility, other than the address of the premise.

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G. The general public is not permitted on or in the premises of a commercial cannabis cultivation facility except for the agents, applicants, managers, and employees of the actual business and any agents or employees of the City of Vista. H. All mature plants must be within the square feet of canopy authorized by the cultivator’ s State License and City cultivation license issued for the premises. Cannabis plants maintained outside of the designated canopy are prohibited from flowering. Should a plant outside of the canopy area(s) begin flowering, a plant tag shall be applied, the plant shall be moved to a designated canopy area and reported in the track and trace system without delay. I. Cultivators shall process their harvested cannabis only in area(s) designated for processing in their cultivation plan, or transfer their harvested cannabis to a licensed processor, manufacturer, or distributor via a licensed distributor. J. A commercial cannabis cultivation business shall have an air treatment system or other controls to ensure that detectable cannabis odors do not escape beyond the interior of the facility through ventilation or exhaust systems. K. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. L. Cultivation shall, at all times, be operated in such a way as to ensure the health, safety, and welfare of the public, the people working at the commercial cannabis cultivation business, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the cannabis being cultivated; and, to safeguard against the diversion of cannabis. M. A commercial cannabis cultivation business licensee shall not engage in any form of transport of cannabis or cannabis products. N. Cannabis waste, which is limited to any material intended for disposal, shall be transported pursuant to any relevant local and state laws and regulations. O. On-site smoking, ingestion, or consumption of cannabis shall be prohibited on the premises of all commercial cannabis cultivation businesses. The term “ premises” as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas. A sign shall be posted at each entrance of a commercial cannabis cultivation facility that clearly and legibly states, “ Smoking, ingestion, or consumption of cannabis on these licensed premises or in their vicinity is prohibited and a violation of the Vista Municipal Code.” P. A commercial cannabis cultivation business shall not sell, provide, store, or distribute any product that would require that the seller possess a license issued by the California Department of Alcoholic Beverage Control. Q. A commercial cannabis cultivation business shall display a copy of its commercial cannabis cultivation license issued pursuant to this chapter in a conspicuous place at the entrance to the licensed premises. R. A commercial cannabis cultivation business shall utilize onsite armed and state licensed security staff twenty- four (24) hours a day, seven ( 7) days a week, three hundred sixty- five (365) days a year, unless otherwise approved in writing by the Sheriff Department. S. A commercial cannabis cultivation business shall within one (1) day provide written notice to the City of the loss or suspension of any state license issued by the Department of Cannabis Control, or other State agency that the commercial cannabis cultivation facility requires to hold for any commercial cannabis activity it conducts. T. A commercial cannabis cultivation business shall have comprehensive commercial general liability insurance and comprehensive automotive liability insurance ( if automobiles are used by the adult use cannabis business for any purpose) protecting the commercial cannabis cultivation business in an amount of not less than two million dollars 2,000,000.00) per occurrence, combined single limit, including bodily injury and property

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damage and not less than two million dollars ($ 2,000,000.00) aggregate for each personal injury liability, products liability and each accident. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.150 Obligations of Members of the Management and Ownership Team

It is the obligation of each owner, individually, as well as any onsite manager, to assure

that the commercial cannabis cultivation business, at all times, is operating in a manner which complies with all applicable federal, state, and local laws and regulations, including any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a state license or a City license. It is the obligation of each person employed at a commercial cannabis cultivation business to individually act in a manner that satisfies, and avoids violations, of this chapter or any other state or local law or regulatory, licensing, or certification standards or requirements. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.160 Inspection of Premises and Records

A. At all times, City officials, employees, and their designees authorized to enforce the provisions of this chapter shall have full access to the entirety of a commercial cannabis cultivation business, security camera footage of the cannabis enterprise facility, and records of every cannabis enterprise for the following purposes: 1. To inspect the premises, land, improvements comprising the commercial cannabis cultivation business for compliance with this chapter and state Laws, including Building Code and Fire Code compliance. 2. To review or copy any materials, books, records or security camera footage of the commercial cannabis cultivation business or commercial cannabis cultivation facility. 3. To test any equipment possessed by, in control of, or used by a commercial cannabis cultivation business. 4. To test any cannabis or cannabis product possessed by, in control of, or used by a commercial cannabis cultivation business. B. Failure by any commercial cannabis cultivation business or any person associated with a commercial cannabis cultivation business to comply with this section shall itself be a violation of this chapter. C. The access rights, audit rights, and inspection rights afforded to the City by this section may be fully utilized and exercised by any contractor or agent engaged or authorized to represent the City. D. Prior notice of an inspection, investigation, review, or audit is not required. E. Any inspection, investigation, review, or audit of a commercial cannabis cultivation business shall be conducted anytime the commercial cannabis cultivation business is open for business. F. This section shall not be construed or applied in a manner to deprive a commercial cannabis cultivation business or its employees of any privilege which is guaranteed by the Constitutions of the United States and/or the State of California, or any other applicable law. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.170 Taxes

A. Each commercial cannabis cultivation business is obligated to make a timely

payment of the taxes which it owes to the City from time to time as required by City ordinance or

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other law. These taxes, at minimum, include both: ( 1) the gross receipts taxes due pursuant to chapter 7.10, inclusive of any applicable late payments, interest, and penalties; and (2) the taxes owing pursuant to chapter 5.04, inclusive of any late payments, interest, and penalties. Failure to make full and timely payment is a violation of this chapter. B. Each commercial cannabis cultivation business shall immediately and fully participate in any tax audit or review as allowed by chapter 7.10, or as allowed by section 5.97.160, and make all records available for inspection by the City or its agent in connection with such an audit or review. Ord. No. 2024-11, Enacted, 10/22/2024)

Section 5.97.180 Regulations

The City Manager is authorized to promulgate such regulations, rules and procedures as may be necessary or convenient to implement this chapter. Ord. No. 2024- 11, Enacted, 10/22/2024)

Section 5.97.190 Violations

A. Any violation of this chapter is unlawful and a public nuisance. A nuisance under

this chapter may be abated by the City, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, abatement warrant, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. B. Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($ 1,000.00), or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. C. In the event of a violation of this chapter, the City may notify a commercial cannabis cultivation business and any other responsible party that the City intends to impose a daily civil penalty for the violation. Civil penalties imposed on a daily basis shall not exceed two thousand dollars ($ 2,000) for each day or portion of a day that the violation occurs. The amount of civil penalties imposed shall be determined by taking into account the severity of the violation, the occurrence of prior violations, the degree of culpability, the economic benefit accruing to the commercial cannabis cultivation business due to the violation ( or cost savings enabled by the violation), and whether the violation can be attributed to deliberate misconduct, negligence, inadequate supervision, or error. Penalties may be set so they begin to accrue if a cure is not accomplished by a set date, or in a manner where the penalties escalate over time. Penalties may be recovered as part of any civil action, or as part of a negotiated agreement between the City and the commercial cannabis cultivation business which fixes the amount of the civil penalties and the terms by which the violation will be cured if it has yet to be corrected. D. The City may issue an administrative citation for each violation of this chapter pursuant to the procedures set forth in chapter 1.13. E. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. F. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for a violation of this Code.

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G. The procedures contained in section 5.97.130 shall not apply to and may not be

utilized in connection with any enforcement actions, penalties or proceedings taken pursuant to this section. Ord. No. 2024- 11, Enacted, 10/22/2024)

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Chapter 5. 98

Licensing of Cannabis

Testing, Distribution, and Manufacturing Facilities

Sections:

5. 98. 010 Authority; Purpose; Conflicts of Law
6. 98. 020 Definitions
7. 98. 030 Exemptions from Chapter
8. 98. 040 License Required for All Cannabis Enterprise Activities
9. 98. 050 Locations for Eligible Licenses
10. 98. 060 Numerical Limits on Certain Licenses
11. 98. 070 License Application; Contents
12. 98. 080 Review and Action on Application
13. 98. 090 License Term; Expiration; Renewal
14. 98. 100 Transfer of Ownership Interest, Modification or Other Material Changes
15. 98. 110 Employee Permits; Revocation
16. 98. 120 Suspension and Revocation of Cannabis Enterprise Licenses
17. 98. 130 Appeals and Reconsideration
18. 98. 140 Operating Requirements for Cannabis Enterprises
19. 98. 150 Obligations of Members of the Management and Ownership Team
20. 98. 160 Inspection of Premises and Records
21. 98. 170 Taxes
22. 98. 180 Regulations
23. 98. 190 Violations

24. 98. 010 Authority; Purpose; Conflicts of Law

        A. This chapter is adopted pursuant to sections 5 and 7 of Article XI of the California

Constitution and the authority reserved to cities pursuant to state law, including without limitation, Government Code § 11362. 83 and Business and Professions Code § 26200. B. This chapter, consistent with state law, creates regulations to govern cannabis enterprise facilities and persons engaged in cannabis enterprise activities. C. This chapter only authorizes cannabis enterprise activities licensed and conducted in accordance with this chapter, and no other form of commercial cannabis activity whatsoever. D. In the event of a conflict between the provisions of this chapter and the provisions of any applicable state or local law or regulation, the more restrictive provision shall control. To the extent allowed by state law, the City shall have the right, but not the obligation, to enforce all applicable state laws. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 020 Definitions

Cannabis" shall have the meaning assigned to that term by Business and Professions

Code § 26001( 0, as amended from time to time.

Cannabis distributor ( Type 11)" means a facility or entity that procures, sells, and

transports cannabis products between persons or entities holding licenses issued by the Bureau of Cannabis Control and which, prior to lawful operation, must obtain a " Type 11" state license, as identified in Business and Professions Code § 26050.

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Cannabis distributor ( Type 11) license" means a City license issued to a person

pursuant to section 5. 98. 080 authorizing operation of a cannabis distributor ( Type 11) at the location indicated in the application, subject to receipt of all state licenses, a certificate of occupancy and compliance with other applicable laws.

Cannabis enterprise" means a cannabis distributor( Type 11), a cannabis manufacturer

Type 6), or a cannabis testing laboratory.

Cannabis enterprise activity" means any commercial cannabis activity, as defined in

Business and Professions Code § 26001( k) and regulations adopted thereunder; but excluding those uses businesses and activities which fall exactly within the exceptions described in section 5. 98. 030.

Cannabis enterprise facility" means the land identified in the cannabis enterprise

application of the cannabis enterprise ( as specified in section 5. 98. 070. G), inclusive of all buildings, fixtures and improvements present on the land at the time of application or thereafter, and from which the cannabis enterprise intends to operate after receiving all required licenses and approvals.

Cannabis enterprise license" means each of the following: a cannabis distributor( Type

11. license, a cannabis manufacturer license ( Type 6) or a cannabis testing laboratory license.

    Cannabis enterprise license application" means the application to be submitted pursuant to section 5. 98. 070 which, upon approval, will result in the issuance of a cannabis enterprise license.

or entity which: ( 1) conducts the Cannabis manufacturer ( Type 6)" means a facility production, preparation, propagation, or compounding of cannabis or cannabis products in a manner that meets the definition of a cannabis manufacturer set forth in Business and Professions Code § 26001( ah) using only those compounds and processes that may be lawfully undertaken while a " Type 6 — Manufacturer 1" license as identified in Business and Professions holding only Code § 26050 and issued by the California Department of Public Health; ( 2) is not a cannabis manufacturer( Type 7— Manufacturer 2); and (3) which may self-transport of its own manufactured products using a distributor transport only ( Type 13) license with a " self- distribution" restriction.

Cannabis manufacturer ( Type 6) license" means a City license issued to a person

pursuant to section 5.98.080 authorizing operation of a cannabis manufacturer ( Type 6) at the location indicated in the application, subject to receipt of all state licenses, a certificate of occupancy and compliance with other applicable laws.

Cannabis manufacturer ( Type 7 — Manufacturer 2)" means a facility or entity that

engages in one or more activities that would require the facility or entity to hold a " Type 7 — Manufacturer 2" license, identified in Business and Professions Code § 26050( a), and issued by the California Department of Public Health.

Cannabis testing laboratory" means a laboratory, facility, or entity that offers or

performs tests of cannabis or cannabis products and that is both of the following: ( 1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and ( 2) which, prior to lawful operation, must obtain a " Type 8" state license, as identified in Business and Professions Code § 26050.

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Cannabis testing laboratory license" means a City license issued to a person pursuant

to section 5. 98. 080 authorizing operation of a cannabis testing laboratory at the location indicated in the application, subject to receipt of all state licenses, a certificate of occupancy and compliance with other applicable laws.

Capital investment and business plan" means a confidential plan, submitted with a cannabis enterprise license application, covering a projected five-year period beginning on the date that state license required for the enterprise is obtained. The plan shall include: ( 1) pro formas presenting all projected expenses of the cannabis enterprise including land acquisition, carrying costs or interest expense, construction costs for the cannabis enterprise facility, equipment acquisition costs, professional expenses, salaries, and other overhead or operating expenses; ( 2) projected revenue sources to finance those expenses divided into committed capital contributions ( including the projected source of those contributions), loans ( including the projected source of those loans), and business operating revenues; and ( 3) a narrative description briefly explaining the business model for the proposed cannabis enterprise, and the competitive business environment in which it will operate.

City" means the City of Vista.

City business day" means a day on which the physical structure, constituting the Vista

City Hall, is open to the public for business.

Commercial cannabis activities" shall have the meaning assigned to that term by

Business and Professions Code § 26001( k) and regulations adopted thereunder.

Entity" has the same meaning as does the term person, but excludes a natural person.

Individual" means a natural person.

Licensing officer" means the city employee designated by the City Manager( other than

the City Manager or Assistant City Manager) who shall review cannabis enterprise license applications, approve or deny license applications, process license renewal applications, and take such other actions as may be required or useful in implementing this chapter.

Management and ownership team" means the group of persons consisting of each

owner and, if any, each primary contributor.

Management and ownership team report" means a report which demonstrates that

the management and ownership team have the skills, experience and track record to assure that the cannabis enterprise will operate in a manner that will satisfy all state and local laws, ordinances and regulations that will apply to the cannabis enterprise. The management and ownership team report shall include information on each cannabis enterprise or other cannabis business with which each member of the management and ownership team has been associated within the last seven years, and such other business experience for the members of the management and ownership team that might be relevant to making an assessment of the management and ownership team report.

On- site manager" means the person or persons who is primarily responsible for the

day- to- day operations and activities of the medical cannabis facility at any time during a day.

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Owner" means: ( 1) a person with an aggregate ownership interest of 20 percent or more

in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance; ( 2) the chief executive officer of a nonprofit or other entity applying for the license; 3) a member of the board of directors of a nonprofit or other entity applying for the license; and 4) an individual who will be participating in the direction, control, or management of the person applying for a license.

Person" means any individual, firm, partnership, joint venture, association, corporation,

limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of persons acting as a unit.

conviction" Precluding means any felony drug conviction within the prior four years.

Primary contributor" means a person ( other than an owner) who will make a primary

contribution to the legal compliance and/ or success of the cannabis enterprise and should be identified in the management and ownership team report as part of the management and ownership team.

RLI zone" means the area designated in the Vista Business Park Specific Plan as the

Research Light Industrial and Business Support Group ( Use Area `B')." Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 030 Exemptions from Chapter

The following commercial cannabis activities are exempt from regulation under this

chapter: ( 1) any business or activity authorized by, and conducted in accordance with chapter 5. 94 ( licensed medical cannabis dispensaries); ( 2) any business or activity authorized by, and services); or ( 3) the lawfulconducted in accordance with chapter 5. 96 ( licensed delivery cultivation of up to six plants by a qualifying adult or by a personal caregiver. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 040 License Required for All Cannabis Enterprise Activities

A. It is unlawful for an individual or entity to engage in any cannabis enterprise activity

in Vista unless the activity occurs at a cannabis enterprise facility for which a valid and current cannabis enterprise license exists, and the activity is undertaken in a manner permitted by this chapter. B. It is unlawful for an individual or entity to lease, rent, permit or allow any parcel of land, in whole or part, to be used for any cannabis enterprise activity unless a current and valid cannabis enterprise license exists authorizing a cannabis enterprise facility to operate on the land and all cannabis enterprise activities are conducted in accordance with the license and this

chapter. C. The cannabis enterprise license required by this chapter shall be in addition and supplemental to any business license or any permit required by any ordinance of the City. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 050 Locations for Eligible Licenses

A. To be eligible for approval, the location of a cannabis enterprise identified in an
within the RLI zone; ( 2) be authorized pursuantapplication must satisfy all of the following: ( 1) be

to a special use permit, as further specified in paragraph D, if the cannabis enterprise facility is a

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cannabis distributor ( Type 11) or a cannabis manufacturer ( Type 6); and ( 3) be outside a 600 hundred foot radius surrounding any day care center, youth center, or school providing instruction in kindergarten or any grades 1 through 12. B. The distances in paragraph A shall be considered at the time the license is approved, and shall be measured as provided in Health and Safety Code § 11362. 768 or as otherwise provided by law. C. Interpretations and determinations regarding distances and separations shall be made by the licensing officer. D. The special use permits described in paragraph A shall be permitted in accordance with section 18. 74. 120 of the Vista Development Code, except that the requirements of 18. 74. 120. A. 2 shall be replaced with the determination that the proposed use, in the manner to be conducted, is permitted in the applicable zone and will conform to applicable state and local laws and regulations. Ord. No. 2019- 21, Enacted, 12/ 10/ 19; Ord. No. 2020- 05, Amended, 4/ 28/ 20)

Section 5. 98. 060 Numerical Limits on Certain Licenses

A. Cannabis enterprise licenses shall be limited as follows: ( 1) a maximum of two

cannabis manufacturer ( Type 6) licenses; and ( 2) a maximum of two cannabis distributor Type 11) licenses. Limits are not imposed on the number of allowable cannabis testing laboratory licenses. B. The licensing officer shall have the sole and exclusive authority to make determinations regarding the ordering, prioritizing and processing applications under this chapter. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 070 License Application; Contents

An application for a cannabis enterprise license shall be made on a form prescribed by the City. The application shall be accompanied by an application fee in an amount established by resolution of the City Council, and shall include a statement, made under penalty of perjury, certifying that all of the information contained in the application is true and correct. An applicant shall have an opportunity to cure any incomplete application within thirty( 30) days of written notice of incompleteness by the City. An application for a cannabis enterprise license shall include at least the following: A. The name, mailing address, and telephone number of the applicant. B. The address from which the cannabis enterprise will operate. C. Whether the applicant seeks to operate as a cannabis distributor ( Type 11), cannabis manufacturer( Type 6), or cannabis testing laboratory. D. Proof of organizational status, such as articles of incorporation, partnership agreements, or other documentation as may be required by the City. E. The name of each member of the management and ownership team, with such other identifying information as the City may require. F. A completed criminal background check, inclusive of Live Scan results, for each member of the management and ownership team to determine if any member has a precluding conviction. The application should include a copy of the Live Scan application form for each member of the management and ownership team. The results of the Live Scan are delivered to the City independently. G. Documentation establishing that the applicant is, or will be, entitled to possession of the premises for which the application is made. Evidence of lawful possession consists of a properly recorded deed, lease, evidence of ownership of the premises, or other written documents acceptable to the City. The licensed premises shall only be the geographical area that is

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specifically and accurately described in executed documents verifying lawful possession. Licensees are not authorized to relocate to other areas or units within a building structure without first filing an application for a modification of the local license, obtaining a special use permit for the new premises for a cannabis distributor ( Type 11) or manufacturer ( Type 6), and obtaining approval from the City. H. An operating plan for the proposed cannabis enterprise facility including the following information: 1. A general description of the types of products to be tested, manufactured, or distributed by the cannabis enterprise. 2. A floor plan designating all interior dimensions and the layout of the cannabis enterprise facility, including all limited access areas, areas of ingress and egress, and all security camera locations. Such floor plan shall also show the principal uses of the floor area depicted therein and shall identify all areas where product will be located; 3. If the applicant is a cannabis manufacturer whether the manufacturer intends to transport its own manufactured products. If so, the operating plan shall include: ( 1) an assurance that the transport will be conducted only pursuant to a valid and current Type 13 transport- only license with a " self- distribution" restriction; ( 2) an assurance that no transport of any cannabis shall occur except that allowed by a Type 13 license with a " self- distribution" restriction; and ( 3) a description of the number of vehicles, nature of vehicles, and projected operation of vehicles to be used in the self- distribution of the applicant' s manufactured products. I. A security plan for the proposed cannabis enterprise facility including the following security requirements: 1. Video surveillance. The cannabis enterprise facility must be equipped with a video surveillance system that meets all of the requirements of Cal. Code Regs., Title 16, § 5044 as well as those set forth in this subsection. a. Security cameras and digital storage of recordings shall be maintained in good condition and used in an on- going manner, twenty- four ( 24) hours per day, and seven ( 7) days per week. b. The security system must maintain at least ninety ( 90) calendar days of digitally recorded video for each security camera in the licensed premises. Security footage should be stored in an MPEG4, MJPEG, H. 264, or another format approved by the City in writing and the recorded video shall be made available to the Sheriff Department or the City immediately upon request. C. Security cameras must provide adequate and sufficient coverage for the facility, which must include but need not to be limited to, all restricted and limited access areas, all areas of ingress and egress, the public areas, storage areas, and any other areas as required by this chapter and applicable provisions of state law. d. The video surveillance system must be equipped with a failure notification system that provides prompt notification to a security company licensed by the department of consumer affairs, bureau of security and investigative services, of any surveillance interruption or complete failure of the surveillance system that lasts longer than fifteen ( 15) minutes. The licensed alarm company must promptly report any such notification to the Sheriff Department. e. The video surveillance system shall have sufficient battery backup to support a minimum of twelve ( 12) hours of recording in the event of a power outage. f. Unless waived by the City in writing, the video surveillance system shall stream a live feed accessible to the Sheriff Department via a secure internet portal, virtual private network or other form of secure remote access. 2. Alarm system. The cannabis enterprise facility shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows, operated, and monitored by a security company licensed by the department of consumer affairs,

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bureau of security and investigative services, and approved by the City. " Perimeter entry points" includes, regardless of size, all doors, windows, hatches and/ or points at which systems ( such as HVAC systems) enter a structure. 3. Signage requirement. The cannabis enterprise facility must comply with the following signage requirements. a. A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve ( 12) inches wide and twelve ( 12) inches long, composed of letters not less than one inch in height, stating " All Activities Monitored by Video Camera." b. Limited access areas shall be clearly identified by the posting of a sign which shall be not less than twelve ( 12) inches wide and twelve ( 12) inches long, composed of letters not less than a one inch in height, which shall state, " Limited Access Area— Authorized Personnel Only." C. In addition to the requirements set forth in the Development Code, and applicable special use permit, if any, signage shall be limited to the business name and address with no advertising, banners, green crosses, or similar insignia. cannabis enterprise s entrance( s) and all window 4. Lighting. The facility' areas shall be illuminated during evening hours. The applicant shall comply with the city' s lighting standards regarding fixture type, wattage, illumination levels, shielding, and other restrictions, and secure the necessary approvals and permits as needed. 5. Commercial- grade locks. All points of ingress and egress to a cannabis enterprise facility shall ensure the use of commercial- grade, nonresidential door locks and window locks. J. Written authorization for the City to seek verification of the information contained within the application and authorization for the City or its agents to conduct the background check( s). K. A capital investment and business plan demonstrating that sufficient investment for the business has been obtained, and that the business can maintain its operations for a period of at least five years. To the maximum extent permitted by law, the capital investment and business plan shall be kept confidential. L. A complete management and ownership team report, inclusive of all required information, demonstrating that the management and ownership team have the skills, experience and track record to assure that the cannabis enterprise will operate in manner that will satisfy all state and local laws. M. A signed indemnity agreement by which the applicant agrees to indemnify the City, its officers, employees and agents for any legal challenge to the issuance of a license to the applicant pursuant to this chapter, including any decisions to renew or extend that license. N. Any additional information that the City may request to process and fully investigate the application. The additional information must be provided to the City no later than thirty ( 30) days after the date of the request unless otherwise specified by the City. Failure to provide such additional information by the requested deadline may result in denial of the application. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 080 Review and Action on Application

A. A license application shall be denied for one or more of the following reasons,

which may be based on the information contained in the application or developed by the City through independent investigation: 1. The application is incomplete, or fails to provide required information.

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2. The application includes false, inaccurate or materially misleading

information. 3. The premises for the cannabis enterprise are not located in conformity with section 5. 98. 050. 4. The license sought is either for a cannabis distributor ( Type 11) or a cannabis manufacturer ( Type 6), and: ( a) the City has finally denied a special use permit application which is required for the cannabis enterprise to operate at the location identified in the application, or( b) the applicant has ceased to actively and diligently pursue a special use permit. 5. The submitted capital investment and business plan does not establish that the proposed cannabis distributor ( Type 11) or cannabis manufacturer ( Type 6) has sufficient capital investment and a business plan to assure that the business can successfully maintain its operations for a period of at least five years. 6. The results of the Live Scan indicate that a member of the ownership and management team has a precluding conviction. 7. The licensing officer determines he or she has a legitimate basis to deny the application, based on substantial evidence. For purposes of this subparagraph, a " legitimate officer cannot reasonably conclude ( based on all availablebasis" exists when the licensing information) that the proposed cannabis business has demonstrated ( to a high likelihood) that it will operate in a manner conforming to all local and state laws, ordinances and regulations. This determination shall consider if the management and ownership team, collectively, has: ( i) the demonstrated experience and history of operating cannabis enterprises or similar ventures in a manner that conforms to applicable state and local laws, ordinances, and regulations; and ( ii) has the technical, managerial and business experience and capabilities to manage and operate a cannabis enterprise in a manner that comports with the local and state laws, ordinances and

regulations. When an application is denied, the licensing officer shall provide a notice of denial to the applicant setting forth the reasons for the denial. The notice shall be sent to the applicant by mail and/ or email to the address or addresses provided by the applicant in its application. The notice shall be deemed to be delivered on the date it is deposited into the United States mail, postage prepaid, or emailed, whichever is earlier. The notice of denial shall become final and conclusive unless a timely, complete appeal is filed with the City Clerk in accordance with section 5. 98. 130, along with the required appeal fee, no later than the tenth ( 101h) calendar day following the date the notice of denial is deemed to be delivered. B. If no basis exists to deny an application and any required special use permit has been obtained for the cannabis enterprise, the licensing officer shall issue the appropriate license or include: ( 1) the name of theto the cannabis enterprise. The license shall identify, specify, licensed cannabis enterprise; ( 2) whether the cannabis enterprise is a cannabis distributor ( Type 11), a cannabis manufacturer( Type 6) or a cannabis testing laboratory; ( 3) the location from which operations are approved; ( 4) the date on which the license is issued; ( 5) the date on which the license expires; ( 6) a proviso that the cannabis enterprise should not commence specific construction suited to a cannabis enterprise until it has obtained any required licenses from the Bureau of Cannabis Control; ( 7) a proviso that the cannabis enterprise should not commence any operations until it has obtained both a certificate of occupancy from the City and any required licenses from the Bureau of Cannabis Control; and ( 8) such other content as the licensing officer determines to be appropriate. C. If 60 days pass following the City' s receipt of all required Live Scan results without an action being taken to deny or conditionally approve an application for a cannabis distributor Type 11) or a cannabis manufacturer( Type 6), the City will provide the applicant with a notice of continuing review which indicates that the license application is still under review. A notice of continuing review may also be issued by the licensing officer before the passage of 60 days, but no sooner than 10 days after the City obtains all required Live Scan results.

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Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 090 License Term; Expiration; Renewal

A. A cannabis enterprise license shall have an initial term which begins on the date

the license is issued and ends on the first June 30 which is at least ninety (90) days following the date the license is issued. Thereafter, each cannabis enterprise license shall be in force for a one- year term which runs from July 1 through June 30, provided that the license is timely and successfully renewed as provided in paragraphs B through D. B. A licensed cannabis enterprise may apply for the renewal of its license no less than thirty ( 30) days prior to the license' s expiration date. If the licensed cannabis enterprise files a renewal application within thirty ( 30) days prior to expiration, the licensee shall provide a written explanation detailing the circumstances surrounding the late filing. The City may accept or reject such late filing in its discretion. The City may elect to administratively continue a local license past its expiration date, provided that the licensee has submitted a renewal application that is complete and pending final action. C. An application for renewal will only be accepted if it is accompanied by the requisite renewal licensing fee. D. Each application for renewal shall include updated information for any part of the application that has undergone a change in circumstance since the original application or last renewal filing and shall recertify all information submitted in prior application( s). E. Unless the City has expressly authorized in writing the renewal of the cannabis enterprise license, a license is immediately invalid upon expiration and the cannabis enterprise shall cease operations. The licensing officer shall approve or deny the application for renewal based upon the grounds set forth in section 5. 98. 080. A. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 100 Transfer of Ownership Interest, Modification or Other Material Changes

A. A licensed cannabis enterprise must obtain prior approval for any transfer of ownership interest, significant modification of a cannabis enterprise facility, significant modification in the nature and operation of the cannabis enterprise, or change in its management and ownership team. B. An application seeking approval for any change described in paragraph A shall be made using forms prescribed by the licensing officer, and shall be accompanied by an application fee in an amount set by the City Council. C. Except as provided in paragraph D, action on the application shall be denial if the changes would produce a condition or circumstance that would justify the denial of an application based on the criteria set forth in section 5. 98. 080. A. If a basis for denial is not present, the application shall be approved. D. For a transfer of ownership interest or a change of location, a new local license must be obtained, and if applicable, a new special use permit. E. No licensee may sublet any portion of a licensed premises. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 110 Employee Work Permits; Revocation

A. As of the day a cannabis enterprise opens for business, it shall provide the

licensing officer with the name of each full or part time employee or person working at the

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premises as a volunteer. The cannabis enterprise shall update its list within thirty (30) days of any change in a previously provided list. B. No person shall be employed at, or volunteer at, a cannabis enterprise facility unless the person holds a valid employee permit issued pursuant to this section. C. The application shall be made on a form provided by the City. The completed application shall contain the following information and be accompanied by the following documents: 1. The applicant' s legal name and any other names used by the employee. 2. The applicant' s age, date and place of birth. 3. The applicant' s present residence address and telephone number. 4. A statement that the applicant has not been convicted of a felony within the four (4) years preceding the application. 5. A receipt indicating that a Live Scan has been performed with respect to the applicant and that its results will be delivered to the City so the City can confirm if the applicant has been convicted of any felony within the last four years. 6. Satisfactory written proof that the employee is at least twenty- one ( 21) years of age. D. The completed application shall be accompanied by a non- refundable application fee as set by resolution of the City Council. E. Within five ( 5) City business days after receipt of the properly completed application and any Live Scan results, the licensing officer shall grant or deny the application and so notify the applicant. The licensing officer shall grant the application and issue the permit unless the application is denied for one or more of the following reasons: 1. The employee has made any false, misleading, or fraudulent statement in the application; 2. The employee is under twenty- one ( 21) years of age; 3. The employee has been convicted of a felony within the four ( 4) years preceding the date application was submitted. F. The licensing officer may revoke an employee work permit for any reason which would permit the denial of an application for an employee work permit. G. At any time, an employee may relinquish his or her employee work permit by providing the City with a signed written direction to that effect. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 120 Suspension and Revocation of Cannabis Enterprise Licenses

A. It is unlawful for any person to operate a cannabis enterprise facility or engage in cannabis enterprise activity in a manner that violates any provision of this chapter, and any such violation shall be enforced as provided in this chapter. B The licensing officer may summarily suspend or revoke a cannabis enterprise license if any of the following, singularly or in combination, occur: 1. The licensing officer determines that the licensee has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the licensing officer to deny the cannabis enterprise license or employee permit. 2. Operations at the cannabis enterprise facility cease for more than ninety 90) calendar days. 3. Ownership of the cannabis enterprise facility is changed without securing a local license.

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4. The licensee fails to allow inspection of the cannabis enterprise facility or

books or records of the cannabis enterprise, including security footage, which is required by this chapter. 5. The licensee fails to possess and/ or maintain a valid state license or special

use permit. C. A licensing officer may ( but has no obligation to) defer the effective date for a license suspension or revocation to permit a licensee sufficient time to file an administrative appeal before the suspension or revocation takes effect. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 130 Appeals and Reconsideration

A. An applicant or a cannabis enterprise may file an appeal if a license application or

a license renewal application for a cannabis enterprise is denied, or if a cannabis enterprise license is revoked or suspended. A timely and complete appeal must be filed with the City Clerk no later than ten ( 10) City business days from the earlier of the date on which the City notifies the applicant of the license denial, revocation, or suspension. The date of notice shall be the earlier of the date the action is communicated by email or the date on which the City deposits a mailed notice into the United States mail. A complete appeal must include an appeal fee in an amount

set by resolution of the City Council, and the following: ( i) the name of the party filing the appeal, which must be either the applicant or cannabis enterprise which experienced the adverse licensing decision; ( ii) an email address and street address to which correspondence may be communicated, ( iii) the licensing action which is being appealed; and ( iv) all evidence, facts, and reasons to be considered and which the appellant believes support its appeal. The submitted appeal will be presented to the City Manager for action based on the materials in the record developed by the City prior to taking its action, and the materials submitted by the appellant. Before taking action, the City Manager may provide the appellant with additional evidenced used or which may be used to justify the City' s action of denial, and offer the appellant an opportunity to respond. Within ten ( 10) City business days of receiving the appeal, providing additional evidence to the appellant ( if any), and obtaining a response from appellant ( if any), the City Manager shall: ( 1) deny the appeal if the City Manager determines that the denial was permitted under the terms of this chapter; ( 2) reverse the denial if the City Manager determines that the denial was not permitted under the chapter and an approval should have been given; or( 3) direct that a remand occur or such other actions be taken as may be needed to achieve better compliance with the terms of this chapter. The decision of the City Manager shall be made in writing. Rather than processing the appeal himself or herself, the City Manager may delegate his or her responsibilities to the Assistant City Manager. The decision of the City Manager, or the Assistant City Manager in the event of a delegation, shall be final, conclusive and without further administrative appeal. B. For an action not covered by paragraph A, an aggrieved party may make a written request to the licensing officer to reconsider or cause an action to be reconsidered. Such a request must be filed with the City Clerk within ten ( 10) City business days of the earlier of the date the City notifies the aggrieved party of the action (for which reconsideration is sought) by email or the date on which the City deposits a mailed notice of the action into the United States mail. The request must provide: ( i) the name of the party seeking reconsideration; ( ii) an email address and street address to which correspondence may be communicated; ( iii) the action for which reconsideration is sought; ( iv) the result sought following reconsideration; and ( v) all evidence, facts, and reasons that support the request for reconsideration. If a complete request for reconsideration is not filed within the time required by this paragraph, the action shall become final and conclusive. If a timely and complete request for reconsideration is filed, the City Clerk will provide the request to the licensing officer. Within ten ( 10) City business days, the licensing

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officer shall advise the aggrieved party in writing that the licensing officer has decided to not adjust the action, to adjust or reverse the action, or advise the party that further evidence, information or explanation is required before a determination can be made. If the licensing officer instructs the aggrieved party that additional evidence, information or explanation is required, the party shall provide it to the licensing officer within ten ( 10) City business days of the request, or the request for consideration shall be deemed to be finally abandoned. A written determination by the licensing officer shall be sent to the party seeking reconsideration within ten ( 10) City business days of: ( 1) the date on which the request for reconsideration is filed with the City Clerk; or (2) if applicable, the date on which supplemental evidence, information or explanation is provided to the licensing officer in response to the request of the licensing officer, provided that the supplemental evidence, information or explanation is provided before the request for reconsideration is deemed to be abandoned. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 140 Operating Requirements for Cannabis Enterprises

All cannabis enterprises shall comply with the requirements set forth in this chapter. Failure to comply with any of these requirements shall be a violation of this chapter, and considered grounds for suspension and/ or revocation of its cannabis enterprise license. A. All operations of a cannabis enterprise shall comply with all applicable restrictions and mandates of state law and state regulations. B. All operations of a cannabis enterprise shall comply with all of the applicable restrictions and mandates in this chapter, its security plan, and the terms of any special use permit issued for its operations, if any. C. A cannabis enterprise shall pay any applicable taxes pursuant to federal, state, and local laws, including without limitation the taxes required by both chapter 5. 04 and chapter 7. 10 of the Vista Municipal Code. D. All operations of the cannabis enterprise shall occur exclusively on or within its cannabis enterprise facility, and no other land or premises within the City may be used for any functions or operations of the cannabis enterprise, except for parking of vehicles. E. Cannabis maintained at a cannabis enterprise facility shall be kept and stored in a secured manner within a limited access area or restricted access area at all times in compliance with the approved security plan. F. On- site smoking, ingestion, or consumption of cannabis shall be prohibited on the premises of all cannabis enterprises. The term " premises" as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas. A sign and states, "shall be posted at each entrance of a cannabis facility that clearly legibly Smoking, ingestion, or consumption of cannabis on these licensed premises or in their vicinity is prohibited and a violation of the Vista Municipal Code." G. A cannabis enterprise shall not sell, provide, store, or distribute any product that would require that the seller possess a license issued by the California Department of Alcoholic Beverage Control. H. A cannabis enterprise shall display a copy of its cannabis enterprise license issued pursuant to this chapter in a conspicuous place at the entrance to the licensed premises. I. A cannabis enterprise shall utilize onsite armed and state licensed security staff twenty-four (24) hours a day, seven ( 7) days a week unless otherwise approved in writing by the Sheriff Department. J. A cannabis enterprise shall have an air treatment system or other controls to ensure that detectable cannabis odors do not escape through ventilation or exhaust systems. K. A cannabis enterprise shall not maintain cash overnight. A commercial grade safe shall be used to store all cash during hours of operation. All cash proceeds shall be transferred

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to and from the cannabis facility in accordance with the requirements of the approved security plan. L. A cannabis enterprise shall engage in no form of transport of any cannabis or cannabis products except: ( 1) transport by a cannabis manufacturer (Type 6) pursuant to a valid and current Type 13 transport only license with a self- distribution restriction; ( 2) where the transport occurs in a manner that satisfies all applicable legal and regulatory requirements; ( 3) the cannabis manufacturer( Type 6) advised Vista in its cannabis enterprise application that it had intended to make sure deliveries; and ( 4) prior to undertaking any deliveries the City is provided a copy of the valid and current Type 13 license with evidence of a self- distribution restriction. M. A cannabis enterprise shall within one day provide written notice to the licensing officer of the loss or suspension of any state license issued by the Bureau of Cannabis Control, or other State agency that the cannabis enterprise requires to hold for any commercial cannabis activity it conducts. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 150 Obligations of Members of the Management and Ownership Team

It is the obligation of each owner, as well as any onsite manager, to assure that the

cannabis enterprise, at all times, is operating in a manner which complies with all applicable federal, state, and local laws and regulations, including any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a state license or a City license. It is the obligation of each person employed at a cannabis enterprise to individually act in a manner that satisfies, and avoids violations, of this chapter. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 160 Inspection of Premises and Records

A. City officials, employees, and their designees authorized to enforce the provisions of this chapter shall have full access to the entirety of a cannabis enterprise facility, security camera footage of the cannabis enterprise facility, and records of every cannabis enterprise for the following purposes: 1. To inspect the premises, land, improvements comprising the cannabis enterprise facility for compliance with this chapter and state Laws, including Building Code and Fire Code compliance; 2. To review or copy any materials, books, records or security camera footage of the cannabis enterprise or cannabis enterprise facility; 3. To test any equipment possessed by, in control of, or used by a cannabis enterprise; 4. To test any cannabis or cannabis product possessed by, in control of, or used by a cannabis business; B. Failure by any cannabis enterprise or any person associated with a cannabis enterprise to comply with this section shall itself be a violation of this chapter; C. The access rights, audit rights, and inspection rights afforded to the City by this section may be fully utilized and exercised by any contractor or agent engaged or authorized to represent the City. D. Prior notice of an inspection, investigation, review, or audit is not required; E. Any inspection, investigation, review, or audit of a cannabis enterprise facility shall be conducted anytime the cannabis licensing enterprise is open for business;

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F. This section shall not be construed or applied in a manner to deprive a cannabis

enterprise or its employees of any privilege which is guaranteed by the Constitutions of the United States and/ or the State of California, or any other applicable law. Ord. No. 2019- 21, Enacted, 12/ 10/ 19) Section 5. 98. 170 Taxes

A. Each cannabis enterprise is obligated to make a timely payment of the taxes which

it owes to the City from time to time as required by City ordinance or other law. These taxes, at minimum, include both: ( 1) the gross receipts taxes due pursuant to chapter 7. 10, inclusive of any applicable late payments, interest, and penalties; and ( 2) the taxes owing pursuant to chapter 5. 04, inclusive of any late payments, interest, and penalties. Failure to make full and timely payment is a violation of this chapter. B. Each cannabis enterprise shall immediately and fully participate in any tax audit or review as allowed by chapter 7. 10 or as allowed by section 5.98. 160, and make all records available for inspection by the City or its agent in connection with such an audit or review. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 180 Regulations

The City Manager is authorized to promulgate such regulations, rules and procedures as may be necessary or convenient to implement this chapter. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

Section 5. 98. 190 Violations

A. Any violation of this chapter is unlawful and a public nuisance. A nuisance under

this chapter may be abated by the City, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, abatement warrant, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. B. Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($ 1, 000. 00), or by imprisonment for a period of not more than six ( 6) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. C. In the event of a violation of this chapter, the City may notify a cannabis enterprise and any other responsible party that the City intends to impose a daily civil penalty for the violation. shall not exceed two thousand dollars ($ 2, 000) for eachCivil penalties imposed on a daily basis day or portion of a day that the violation occurs. The amount of civil penalties imposed shall be determined by taking into account the severity of the violation, the occurrence of prior violations, the degree of culpability, the economic benefit accruing to the cannabis business enterprise due violation), and whether the violation can beto the violation ( or cost savings enabled by the attributed to deliberate misconduct, negligence, inadequate supervision, or error. Penalties may be set so they begin to accrue if a cure is not accomplished by a set date, or in a manner where the penalties escalate over time. Penalties may be recovered as part of any civil action, or as part of a negotiated agreement between the City and the cannabis enterprise which fixes the amount of the civil penalties and the terms by which the violation will be cured if it has yet to be corrected.

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D. The City may issue an administrative citation for each violation of this chapter pursuant to the procedures set forth in chapter 1. 13. E. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. F. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for a violation of this Code. G. The procedures contained in section 5. 98. 130 shall not apply to and may not be utilized in connection with any enforcement actions, penalties or proceedings taken pursuant to this section. Ord. No. 2019- 21, Enacted, 12/ 10/ 19)

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Chapter 6. 04

Animal Control in General

Sections:

6. 4. 010 Domestic Animal" Defined for Purpose of Sections 6. 04. 020 and 6. 04. 030
7. 4. 020 Running At- Large
8. 4. 030 Fowl At- Large; Annoying or Offensive Fowl
9. 4. 040 Exotic Animals
10. 4. 050 Right of Entry
11. 4. 060 Straying on Military Property Prohibited
12. 4. 070 Belgian Hares to be Confined
13. 4. 080 Releasing Belgian Hares Prohibited
14. 4. 090 Use of Animals and Fowl as Targets Prohibited - Exceptions
15. 4. 100 Dogs to be Enclosed or Secured in Vehicles
16. 4. 110 Animals Not to be Left in Vehicle Without Ventilation
17. 4. 120 Enforcement

Section 6. 04. 010 " Domestic Animal" Defined for Purpose of Sections 6. 04. 020 and 6. 04. 030

As used in Sections 6. 04. 020 and 6. 04. 030, the term " domestic animal" shall mean any

goat, cow, horse, mule, burro, or other domestic animal except dogs and cats. Prior Code 4- 6; Ord. No. 86- 54, Amended 11/ 25/ 86; Ord. No. 91- 29, Amended, 10/ 08/ 91; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 04. 020 Running At- Large

A. It shall be unlawful for any person owning or having in his control or custody any

horse, cow, mule, sheep, goat, hog, pig, jack or jenny to permit or allow such animal to wander unattended or run at large upon any public or private street, highway or public park within the city. B. The prohibition contained in Subsection A above shall not include private driveways serving four or fewer residences. Prior Code 4- 7; Ord. No. 86- 54, Amended 11/ 25/ 86; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 04. 030 Fowl At- Large; Annoying or Offensive Fowl

No person keeping or having hens, ducks, geese or other domestic fowl or rabbits within the city shall cause or permit them to go or be at large and to go or be upon the premises owned or occupied by any other person without such other person' s consent, or so keep or have any such fowl or animals so as to be offensive or to annoy any person residing in the neighborhood where they are kept. Prior Code 4- 39; Ord. No. 63- 1, Adopted 1// 28/ 63; Ord. No. 63- 13, Adopted 2/ 15/ 63; Ord. No. 91- 29, Amended, 10/ 08/ 91; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 04. 040 Exotic Animals

A. Exotic animal is defined as any animal which is not normally domesticated in the

United States including, but not limited to, any lion, tiger, bear, nonhuman primate ( monkey, chimpanzee, etc.), wolf, cougar, ocelot, wildcat, skunk, boa, python, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

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B. No one may maintain, display, or possess any exotic animal that creates a public

disturbance or is a danger to public health and safety as determined by a state humane officer. C. Subsection B of this section shall not apply to legally operated zoos or circuses unless the state humane officer shall give 24 hours advance notice that, by reason of inadequate caging or sanitation measures or by a particular hazard connected with the animal or animals involved, the public health and welfare will be endangered, nor shall it apply to birds, small rodents, or small nonpoisonous reptiles commonly owned as pets. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 050 Right of Entry

State humane officers, the Chief of Police, peace officers and health officers shall have the right to enter upon any privately owned property for the following purposes: A. To issue a warning notice or citation for violation of any provisions of this chapter. B. To investigate whether a dog is licensed in compliance with Section 6. 07. 010 et seq., if entry is needed to a private residence or private back yard during the course of the license investigation, permission shall be obtained from the occupant prior to entry. C. To seize or impound any animal as authorized by this chapter. D. To investigate possible rabies or other contagious animal disease, and to enforce the rabies control provisions of Section 6. 08. 010 et seq. E. To investigate the possible violation of Section 6. 04. 020 or 6. 06. 020 of this chapter relating to animals running at- large. F. To investigate a reported " vicious dog" pursuant to Section 6. 09. 010 et seq., and the maintenance conditions imposed on a dog so designated pursuant to the aforesaid division. G. To investigate the presence and/ or possible violation of Section 6. 04. 040 of this article relating to exotic animals. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 060 Straying on Military Property Prohibited

No person shall permit any domestic animal owned by him or under his control to stray

upon any land in the city used or occupied by the military or naval forces of the United States. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 070 Belgian Hares to be Confined

A. No person shall have in his possession or under his care or control any Belgian

hare, without providing safe and sufficient means and enclosure to restrain the same from escape or running at large. B. No person shall permit any Belgian hare, which may have escaped from his enclosure or custody to remain at- large or unconfined. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 080 Releasing Belgian Hares Prohibited

No person shall release or permit to escape from confinement any Belgian hare, or set any

such Belgian hare at- large. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 090 Use of Animals and Fowl as Targets Prohibited - Exceptions

A. No person shall conduct, maintain or engage in any enterprise or activity which

uses live animals or fowl as a target for amusement or as a test of skill in marksmanship; or shoot

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at such animals or fowl as a target for amusement or as a test of skill in marksmanship; or be a party to such shooting; or knowingly permit the use of property which he owns or controls for such shooting. B. This section does not apply to the shooting of any animal or fowl for the purposes of human consumption, nor does it apply to the shooting of animals or fowl in a free state released by the state, by private hunting clubs or individuals properly licensed by the State Fish and Game Department for the purpose of hunting or restocking. This section does not apply to the use of fowl or animals in the field for the training of hunting dogs in accordance with the Fish and Game Code of the state. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 100 Dogs to be Enclosed or Secured in Vehicles

No person shall transport or carry on any public street, public highway or public roadway

any dog in a motor vehicle unless the dog is safely enclosed within the vehicle or protected by a cab or container, secured cage, cross- tether or other device which will prevent the dog from falling from, being thrown from or jumping from the motor vehicle. As used in this section, " motor vehicle" includes any trailer. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 110 Animals Not to be Left in Vehicle Without Ventilation

No person shall leave a dog or other animal in an unattended motor vehicle without

adequate ventilation or in such a manner as to subject the animal to extreme temperatures, which adversely affect the animal' s health or welfare. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 04. 120 Enforcement

The provisions of this chapter are enforceable, and violations are punishable pursuant to

Chapter 1. 16 of this code. Chapter 1. 16 allows the City Manager, or his designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Chapter 6. 05

Impoundment Generally

Sections:

6. 5. 010 City Pound - Established
7. 5. 020 Location
8. 5. 030 Right to Impound
9. 5. 040 Notice of Impoundment; Disposition of Animal
10. 5. 050 Sale of Impounded Animals; Public Notice
11. 5. 060 Fees; Lien
12. 5. 070 Disposition of Money Collected From Sale, Impoundment, Etc.
13. 5. 080 Enforcement

Section 6. 05. 010 City Pound - Established

There is hereby created and established a City Pound, for the purpose of impounding

strays and animals running at large. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 020 Location

The City Pound shall be situated at such place or places as shall be designated by resolution of the City Council. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 030 Right to Impound

State Humane Officers, the Chief of Police, peace officers, and health officers shall have

the right to impound, take, or seize any animal under the following circumstances: A. Whenever any dog, licensed or unlicensed, domestic animal, and/ or wild animal as defined in Sections 6. 04.020 and 6. 04.040 of this chapter) is found running at- large in violation of Section 6. 06.020 of this chapter if: 1. The animal has not returned to the private property of its owner or custodian; or 2. The animal has returned to the private property of its owner or custodian, but the owner or custodian is not at home. B. Whenever the animal has, or is suspected of having rabies or hydrophobia. C. Whenever a dog has been declared vicious pursuant to Section 6.09.010 et seq. D. Whenever any exotic animal ( as defined in Section 6. 04. 040 of this chapter) creates a public disturbance or is a danger to public health and safety, as determined by a State Humane Officer. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 040 Notice of Impoundment; Disposition of Animal

A. Whenever any animal is impounded pursuant to Section 6. 05. 030. A of this

chapter, the impounding official shall give notice of such seizure and taking within 24 hours of the impounding to the owner or person in legal custody or control, if the address of such person is known. Such notice shall state the following: that the dog has been impounded, where the

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dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog. B. Any animal impounded pursuant to Section 6. 05.030. A of this chapter shall be released to the owner or person having legal custody or control if the owner or custodian calls for and claims the animal within 96 hours of its impoundment, and upon payment of impound fees imposed pursuant to Section 6. 05. 060 of this chapter. If an impounded dog is unlicensed, the person seeking to claim the dog must also pay the license fee, in addition to the payment of impound fees. C. If any impounded animal is not claimed by and released to its owner or custodian on or before the expiration of the 96 hours, the animal shall become the property of the Humane Society and be placed for adoption or destroyed. D. Any dog impounded pursuant to Section 6. 05.030. 13 of this chapter and found to be afflicted with rabies or hydrophobia shall be destroyed forthwith by the Humane Society. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 050 Sale of Impounded Animals; Public Notice

If, for 24 hours after impoundment, any person owning or claiming to own such animal

shall fail to pay to the Poundmaster the fee and charges imposed by Section 6. 05. 060, and to remove the animal from the public pound, the Poundmaster shall, after giving five days public notice in writing, stating that he will expose and offer such animal for sale at public auction to places in the city: one at the entrancethe highest bidder for cash, posted in the following three of the City Pound, one on the bulletin board at the entrance of the City Hall, and one on the bulletin board at the entrance of the Vista Sheriff's Station. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 060 Fees; Lien

The City Council shall establish by resolution charges and fees for the impoundment of

animals pursuant to this chapter. All such charges and fees are hereby made a lawful charge against the owner of animals impounded, and shall be a lien upon the animals for payment thereof. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 070 Disposition of Money Collected From Sale, Impoundment, Etc.

The proceeds of the sale as provided in Section 6. 05. 050 shall first be applied to the

payment of fees and costs due the City incurred in the impounding, keeping and sale of the animal, and shall be deposited by the Poundmaster with the City Treasurer to be credited to the general fund, and the balance of the proceeds, if any, shall be deposited by the Poundmaster with the City Treasurer for the benefit and to the credit of the owner thereof. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 05. 080 Enforcement

The provisions of this chapter are enforceable, and violations are punishable pursuant to Chapter 1. 16 of this Code. Chapter 1. 16 allows the City Manager, or his/ her designee, to issue citations for violations of certain sections of this Code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Chapter 6. 06

Dogs Generally

Sections:

6. 6. 010 Applicability of Article
7. 6. 020 Running At- Large
8. 6. 030 Dog Denying Access to Public Sidewalk, Street, or Alley
9. 6. 040 Interfering with Dog Used by Law Enforcement Agency or Officer Prohibited
10. 6. 050 Animal Waste Removal
11. 6. 060 Enforcement

Section 6. 06. 010 Applicability of Article

The provisions of this article shall not be applicable to dogs under the age of four

months and which are kept within enclosures and are not permitted to run at- large. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 06. 020 Running At- Large

A. It shall be unlawful for any person owning or having in his control or custody any
whether licensed or unlicensed, or any exotic animal ( as defined in Section 6. 04. 040), todog,

permit or allow such dog or exotic animal to run at- large on any public or private street, alley, park, square, place or vacant or unenclosed lot or land within the city, other than those of the person having charge, custody or possession of such dog or exotic animal. B. The prohibition contained in Subsection A above shall not include private driveways serving four or fewer residences. C. The prohibition contained in Subsection A above shall not apply to any dog under the supervision of any peace officer in the discharge or attempted discharge of his or her duties. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 06. 030 Dog Denying Access to Public Sidewalk, Street, or Alley

No person owning or having control or custody of any dog shall keep or restrain the

animal by a leash, chain, strap, rope or cord, so that the animal is able to run, stay or wander onto any portion of any public sidewalk, street, alley or place in such a manner as to block, deny access, impede, interfere with or prohibit use of such sidewalk, street, alley or place to the public. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 06. 040 Interfering with Dog Used by Law Enforcement Agency or Officer Prohibited

It shall be unlawful for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure or kill, or to interfere or meddle with any dog while such animal is being utilized by the police department or any other law enforcement agency, or any officer or employee thereof, in the performance of any function or duty of said department or agency, or of such officer or employee. Violation of this section shall be a misdemeanor offense. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Section 6. 06. 050 Animal Waste Removal

A. It shall be unlawful for any person owning, keeping or having in his or her care,

custody or control any dog to knowingly fail, refuse or neglect to clean up any feces of such dog immediately and dispose of it in a sanitary manner whenever such dog has defecated upon public or private property within the Vista city limits without the consent of the public or private owner or person in lawful possession or charge of the property. B. The provisions of Subsection A shall not apply to a blind person being accompanied by a guide dog or a trained dog being utilized by a law enforcement agency, nor shall they be construed to require or authorize any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without a trespass upon private property on which the feces is located, the person having the duty pursuant to Subsection A to clean it up shall first obtain consent to do so from the owner or person in lawful possession or charge of the property. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 06. 060 Enforcement

The provisions of this chapter are enforceable, and violations are punishable pursuant to

Chapter 1. 16 of this code. Chapter 1. 16 allows the City Manager, or his/ her designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Chapter 6. 07

Licenses

Sections:

6. 7. 010 Required
7. 7. 020 Fee Generally; Due Date; Exemption; Penalty
8. 7. 030 Application
9. 7. 040 Issuance; Tags
10. 7. 050 Replacement of Lost or Destroyed Tag
11. 7. 055 Pot- Bellied Pigs, License Required
12. 7. 060 Enforcement

Section 6. 07. 010 Required

It shall be unlawful to own or harbor any dog within the city, except as herein provided, without first having obtained a license therefore as hereinafter provided and maintaining a tag thereon as hereinafter provided: A. Within 30 days of the date upon which the dog is over the age of four months; B. Within 30 days of the date of ownership of a dog which was over the age of four months upon said date of ownership; or C. Within 30 days of the date of loss of a dog license or tag. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 07. 020 Fee Generally; Due Date; Exemption; Penalty

A. A dog license obtained pursuant to Section 6. 07.010 may be issued for a term of

either one year or three years, and must be renewed prior to the expiration of the term. If the license is not obtained during the month in which it is due, a late penalty shall be added to and collected with the license fee. B. License fees, penalty fees, and imposed fees shall be established by resolution of the City Council. C. Any dog impounded in violation of this chapter shall be presumed to be a dog, which, prior to impounding, required a license, regardless of such dog' s actual age. An impounded dog shall not be released to its owner unless the dog is licensed or the required license fees have been paid. D. The owners of the following described dogs shall be exempt from the payment of the required dog license fee. Owners of such dogs are still required to obtain a dog license as required by Section 6.07.010 of this chapter, however: 1. Any dog, which has been trained as a police dog and is currently being used as such by law enforcement agency. 2. A dog trained to be a guide dog, or any dog used by a blind person as a guide dog, or any dog trained and used as a hearing dog. 3. A one-time exemption will be granted to the owner of a male dog or a bitch that has been sterilized upon presentation of a certificate of sterilization describing the dog a licensed veterinarian. The exemptions will be for the first year the license isand is signed by due subsequent to sterilization. Ord. No. 92- 26, Enacted, 01/ 12/ 93; Ord. No. 96- 1, Amended, 02/ 27/ 96)

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Section 6. 07. 030 Application

No license to own or harbor a dog, as herein provided, shall be issued except by presentation of a written certificate that the dog has a current rabies vaccination and an application in writing to the animal license inspector of the City, setting forth the name and address of the owner or possessor of the dog, and a brief description of the dog. The function of receiving the application for a license to own or harbor a dog may be delegated to the Humane Society if the City Council so directs by resolution and enters into a contract so providing. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 07. 040 Issuance; Tags

The function of issuing a license and a tag, as hereinafter set forth in this section, may

be delegated to the Humane Society by resolution and contract if the City Council so directs. A. The License Inspector or the Humane Society, if so delegated, upon receipt of such application, proof of a current antirabies vaccination, and the license fee aforesaid, shall issue and deliver to such owner or possessor a license certifying the payment of the license fee and setting forth the number allotted to such dog and shall deliver to the applicant a tag for the dog, which tag shall at all times be affixed to the collar, covering, harness or other article worn by such dog. B. The owner or possessor of a dog, over four months of age, impounded under the provisions of this chapter and the said owner or possessor paid the license fee for the dog at the time of redemption, but was not issued the aforesaid tag because the said owner or possessor did not present the certificate of rabies vaccination required by Subsection 6. 07. 020. 3 of this chapter, must present a certificate of current rabies vaccination within ten days of the date the said dog was redeemed to the License Inspector or the Humane Society, if so delegated. Upon presentation of the certificate of a current rabies vaccination the License Inspector or the Humane Society, if so delegated, shall deliver to the applicant the aforesaid tag. C. The owner or possessor of a dog less than four months of age, which was impounded under the provisions of this chapter and the said owner or possessor paid the license fee for the dog at the time of redemption, but was not issued the aforesaid tag because the owner or possessor did not present the certificate of a current rabies vaccination required by Subsection 6. 07. 020. 3 of this chapter, must present a certificate of a current rabies vaccination before the dog reaches five months of age, to the License Inspector or the Humane Society, if so delegated, shall deliver to the applicant the aforesaid tag. D. It shall be unlawful to transfer or attach a license tag issued for one dog to any other dog. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 07. 050 Replacement of Lost or Destroyed Tag

In the event the tag required to be affixed to the collar, covering, harness or other device worn by such dog is lost or destroyed, the owner or person harboring such dog must obtain another tag, and he shall pay such sum as may be established by resolution of the City Council for each additional tag issued. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 07. 055 Pot- Bellied Pigs, License Required

A. Prohibition. It shall be unlawful for any person to possess, keep or harbor, or to

permit the possession, keeping or harboring of, any pot- bellied pig, within the City of Vista

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without having obtained a valid and current license issued by the City. A license shall be obtained within 30 days of the date of possession or custody of the pot- bellied pig, pursuant and subject to the requirements of Sections 6. 07. 040 and 6. 07.050 of the Vista Municipal Code. B. Definition. For purposes of this section, " pot- bellied pig" shall mean a breed of pig, hog, or swine commonly referred to as a " Vietnamese pot- bellied pig," provided that the weight of the pig shall not exceed 150 pounds. C. Term of license; renewal. A license issued under Subsection A above shall be issued for either a one or a three- year term. A new license shall be required upon the expiration of any license previously issued. D. License fees; penalties for late renewal. A fee is hereby imposed for each license issued. The fee shall be collected at the same rate, and in the same manner, as the fee for issuance of a dog license. If a renewal license is not obtained by the date due, a penalty charge shall be added to the fee and collected along with the fee. The penalty charge shall be imposed at the same rate as the penalty charge for late renewal of a dog license. E. Conditions for obtaining license. The following additional conditions are required for obtaining a license under Subsection A: 1. A male pot- bellied pig shall have its tusks removed prior to the age of two years. 2. A certificate from a licensed veterinarian certifying that an adult pot- bellied pig has been neutered or altered. 3. A certificate from a licensed veterinarian certifying that the pot-bellied pig has received and is currently inoculated against both Pseudo- rabies and Brucellosis. F. Conditions for denial of a license. If any of the following conditions apply, the application for a license required under Subsection A above shall be denied: 1. Any of the conditions for issuance of a license set forth in Subsection E above are not fully satisfied. 2. The property or parcel of land on which the pot- bellied pig is maintained or kept does not permit the keeping of a pot- bellied pig under current zoning regulations. 3. The issuance of the license would result in a number of pot- bellied pigs permitted to be kept or maintained on the property greater than the number allowed under current zoning regulations. 4. It is demonstrated to the satisfaction of the licensing official that the pig for which the license is requested is not a " pot- bellied pig" as defined in Subsection B above. 5. Based on the particular conditions and circumstances of the property or parcel on which the pot- bellied pig is kept or maintained, in the judgment of the licensing official, the keeping, harboring or maintaining of a pot- bellied pig would cause undue hardship or result in a nuisance to the residents or owners of any adjoining parcel. In exercising discretion to deny a license under this condition, the licensing official shall make a written report in which the factual basis for the decision shall be set forth. Denial of any license under this provision may be appealed, within ten days of the decision, to the City Council by the applicant, in writing setting forth the basis of the appeal. The denial of a license under any conditions stated above, except as otherwise provided, shall be final and conclusive. G. Revocation of license. Any license issued pursuant to this section may be revoked, and thereupon shall become void, following a hearing on the revocation by the licensing official, after notice has been given, pursuant to the right of due process, upon a finding that any of the following conditions exist. 1. If, within five days following delivery of a written notice to the owner or licensee of a pot- bellied pig by any enforcement official of the City, the owner or licensee is unable to, or otherwise fails to, provide a certification form any licensed veterinarian giving the

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true weight of the licensed pig, or if the true weight of the pig for which the license has been granted exceed the weight permitted under Subsection B above. 2. If any violation of Subsection A of Section 18. 58. 080 or Subsection A of Section 18. 58. 090 of this code has occurred for which a notice of violation has been issued and the cause or source of the violation has not been cured, removed or eliminated within the reasonable period of time stated. In the event a license issued for a pot- bellied pig is revoked, at the discretion of the enforcement official, the pot- bellied pig may be impounded, subject to the provisions of notice, disposition, sale and fees as provided in Chapter 6. 05 of this code. Ord. No. 97- 17, Added, 08/ 26/ 97)

Section 6. 07. 060 Enforcement

The provisions of this chapter are enforceable, and violations are punishable pursuant to

Chapter 1. 16 of this Code. Chapter 1. 16 allows the City Manager, or his/ her designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Chapter 6. 08

Rabies Control

Sections:

6. 8. 010 Seizure of Rabid Dogs; Examination; Extermination
7. 8. 020 Confinement of Rabies Suspect; Release of Cleared Dog to Owner
8. 8. 030 Right of Entry to Examine for Rabies
9. 8. 040 Muzzling; Vaccinations
10. 8. 050 Vaccination Required
11. 8. 060 Certificate of Vaccination
12. 8. 070 Exemption from Rabies Vaccination During Illness
13. 8. 080 Enforcement

Section 6. 08. 010 Seizure of Rabid Dogs; Examination; Extermination

The Poundmaster shall have the right to seize any dog within the city having, or

suspected of having, rabies or hydrophobia, and in the event the health officer shall determine that such dog is afflicted with rabies or hydrophobia, the dog shall be forthwith killed by the Poundmaster. Prior Code 4- 1; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 08. 020 Confinement of Rabies Suspect; Release of Cleared Dog to Owner

If such dog shall be suspected of having rabies or hydrophobia it may be confined by the Poundmaster for such time as the Health Officer shall direct; and if the Health Officer shall then determine that the dog does not have rabies or hydrophobia, it shall be returned to the owner, upon payment by the owner of the sum of 25 cents per day for each day that the dog shall be kept in confinement, pursuant to the directions of the Health Officer. Prior Code 4- 2; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 08. 030 Right of Entry to Examine for Rabies

The Chief of Police, Poundmaster, Health Officer, and all peace officers of the City shall

have the right to enter upon any private property for the purpose of ascertaining whether any dogs are kept or harbored in violation of the provisions hereof, and whether any dog is afflicted with rabies or hydrophobia. Prior Code 4- 3; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 08. 040 Muzzling; Vaccinations

The City Council may, by resolution or order, require the muzzling and vaccination, or

either, of any dogs owned or harbored within the city, and may specify the period of time during which such dogs shall be muzzled; and, any dog running at- large which shall not be vaccinated or which shall not be muzzled, pursuant to such resolution or order, shall be forthwith killed by the Poundmaster. Prior Code 4- 4; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

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Section 6. 08. 050 Vaccination Required

Every person owning, harboring, or having custody of a dog shall have the dog

vaccinated for rabies within one month after obtaining a dog over four months of age, or when the dog reaches four months of age. It shall be unlawful for any person to own, keep, harbor, possess, or have in his or her care, charge or custody any dog five months of age or older unless such dog has a current and valid rabies vaccination administered by any duly qualified and licensed veterinarian, with a rabies vaccine approved by the State Department of Health. Prior Code 18- 110; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 08. 060 Certificate of Vaccination

Any veterinarian who vaccinates a dog for rabies shall complete the application for a dog license and vaccination certification form required by the San Diego County Department of Animal Control or the National Association of State Public Health Veterinarians ( NASPHV) Form # 50, Rabies Vaccination form that complies with Section 2606, California Administrative Code, and shall forward a copy of the completed form to the Poundmaster once a month. When administered for the purpose of issuing a dog license, the vaccination must be valid for the entire licensing period as specified for the indicated vaccine by the California Department of Health. Prior Code 18- 111; Ord. No. 92- 26, Repealed and Replaced, 01/ 12/ 93)

Section 6. 08. 070 Exemption from Rabies Vaccination During Illness

Notwithstanding any other provisions of this chapter, a dog need not be vaccinated for

rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that such vaccination should be postponed because of a specified illness. Old age, debility or pregnancy are not considered contraindications to rabies vaccinations. Exemption certificates are subject to approval by the Poundmaster and shall be valid only for the duration of the illness. Exemptions from vaccination does not exempt a dog from licensing requirements. Ord. No. 92- 26; Repealed and Replaced, 01/ 12/ 93)

Section 6. 08. 080 Enforcement

The provisions of this chapter are enforceable, and violations are punishable pursuant to

Chapter 1. 16 of this code. Chapter 1. 16 allows the City Manager, or his/ her designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 92- 26; Repealed and Replaced, 01/ 12/ 93)

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Chapter 6. 09

Vicious Dog

Sections:

6. 9. 010 Vicious Dog Definition
7. 9. 020 Declaration of a Vicious Dog
8. 9. 030 Notification of Declaration of a Vicious Dog
9. 9. 040 Hearing on Vicious Declaration
10. 9. 050 Mandatory Restraint of Vicious Dog
11. 9. 060 Conditions for Maintenance of a Vicious Dog
12. 9. 070 Failure to Comply
13. 9. 080 Notification of Intent to Impound
14. 9. 090 Immediate Impoundment
15. 9. 100 Impound Hearing
16. 9. 110 Destruction
17. 9. 120 Change of Ownership
18. 9. 130 Continuation of Declaration as a Vicious Dog
19. 9. 140 Severability
20. 9. 150 Enforcement

Section 6. 09. 010 Vicious Dog Definition

Vicious Dog" means dog which: A. Has twice bitten, within a 48- month period, a person engaged in lawful activity. B. Has once bitten a person engaged in lawful activity, causing death or serious injury. C. Has twice, within a 48- month period, shown disposition, tendency, or propensity to attack, bite or otherwise cause injury to a person engaged in lawful activity. D. Has been declared a vicious dog by the Poundmaster of the City or the Humane resolution or contract,Society, if so delegated by the City Council by or by any other municipality, county or state. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 020 Declaration of a Vicious Dog

If the Poundmaster of the City or the Humane Society, if so delegated, has cause to

believe that a dog is a vicious dog within the meaning of Section 6.09.010, the Poundmaster of the City or Humane Society may find and declare such a dog a vicious dog. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 030 Notification of Declaration of a Vicious Dog

A. Within three working days of declaring a dog vicious, the Poundmaster of the City

or the Humane Society, if so delegated, will notify, by certified mail, the person owning or possessing the dog of its designation as a vicious dog and of any specific restrictions and conditions for the maintenance of the dog, as set forth in Sections 6. 09. 050 and 6. 09. 060. The Poundmaster of the City or the Humane Society, if so delegated, will also notify the City Manager, Fire Department, and the Police Department of the designation of any dog as a

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vicious dog. The notification will describe the dog and specify any particular requirements or conditions placed upon the person owning or possessing the dog. B. The notice shall inform the owner or custodian of the dog that he/ she may request, in writing, a hearing within five working days of the mailing of the vicious dog declaration, to contest the finding and designation. C. Upon request of the owner or custodian of the dog for a hearing, a hearing shall be held within ten working days of the request for a hearing, a notice of which hearing shall be mailed to the owner or custodian of the dog requesting the hearing. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 040 Hearing on Vicious Declaration

A. Failure of the person owning or possessing the dog to request a hearing pursuant to Section 6. 09.030. B shall result in the dog being finally declared a vicious dog and subject the dog and the person owning or possessing the dog to the provisions of this chapter. B. A finding at the hearing that the dog does fall within Subsection A, B, or C of Section 6.09. 010 shall result in that dog' s being declared a vicious dog and subject the dog and the person owning or possessing the dog to the provisions of this chapter. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 050 Mandatory Restraint of Vicious Dog

It is unlawful to have custody of, own or possess a dog declared to be vicious under this

chapter unless it is restrained, confined, or muzzled so that it cannot bite, attack or cause injury to any person. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 060 Conditions for Maintenance of a Vicious Dog

The Poundmaster of the City or the Humane Society, if so delegated, may impose upon

the person owning or possessing a dog declared a vicious dog specific reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and dog. The restrictions and conditions may include, but are not limited to: A. The posting of a bond or other proof of ability to respond in damages in the amount of$ 10, 000. B. Requirements as to size, construction, and design of a kennel in which to house the dog. C. Location of the dog' s residence, to include removal of the dog from the City of Vista. D. Requirements as to type and method of restraints and/ or muzzling of the dog. E. Photo identification or permanent marking of the dog for the purposes of identification. F. Payment of reasonable fees to recover the costs incurred by the Poundmaster of the City or the Humane Society, if so delegated, in ensuring compliance with this chapter. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 070 Failure to Comply

It shall be unlawful for the person owning or possessing a dog declared vicious pursuant

to Section 6. 09.020 to fail to comply with any requirements or conditions imposed pursuant to Sections 6. 09. 050 and 6. 09. 060.

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A. Any dog declared vicious pursuant to Section 6. 09. 020 found to be in violation of Section 6.09.050 shall be impounded by the Poundmaster of the City or Humane Society, if so delegated. Continued or subsequent possession or ownership of that dog by the person or persons in possession or having ownership of the dog at the time of violation of Section 6. 09. 050 is prohibited. B. Failure to comply with the restrictions or conditions for maintenance of a vicious dog as set forth in Section 6. 09.060 will result in citation, impoundment, or other action by the Poundmaster of the City or Humane Society, if so delegated. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 080 Notification of Intent to Impound

A. When the Poundmaster of the City or Humane Society, if so delegated, intends

to impound a dog declared to be vicious for violation of Sections 6. 09.050 or 6.09. 060, it shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five working days prior to the intended impoundment, except as provided in Section 6. 09. 090. A. B. The notice of intent to impound shall inform the owner or custodian of the dog that he/ she may request in writing, within five working days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation. C. Upon request for a hearing by the owner or custodian of the dog pursuant to Subsection B, a hearing shall be held within ten working days of the request for hearing, a notice of which hearing shall be mailed by certified mail to the owner or custodian. pursuant to Subsection B, no D. If the owner or custodian requested a hearing impoundment shall take place until conclusion of the hearing, except as authorized in section. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 090 Immediate Impoundment

A. A dog declared to be vicious may be immediately impounded without a preimpoundment hearing when the Poundmaster of the City or Humane Society, if so delegated, determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of Section 6. 09. 050 or when the dog bites an individual. B. The owner or custodian of the dog immediately impounded pursuant to Subsection A shall be notified of the impoundment by certified mail within five working days of the dog' s impoundment. C. The notice of impoundment shall inform the owner or custodian of the dog that he/ she may request, in writing, a hearing to contest the impoundment within five working days of the mailing of the notice of impoundment. D. Upon request for a hearing by the owner or custodian of the dog pursuant to Subsection C, a hearing shall be held within ten working days of the request for a hearing, a notice of which hearing shall be mailed by certified mail to the owner or custodian of the dog requesting the hearing. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 100 Impound Hearing

A. If, after the hearing, the Poundmaster of the City or the Humane Society, if so

delegated, finds no violation of Sections 6. 09. 050 or 6. 09. 060, or evidence that the dog bit an individual, the subject dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.

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B. Incident to findings and conclusions made at the impound hearing, the

Poundmaster of the City or Humane Society, if so delegated, may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. The conditions may include, but are not limited to: 1. Posting of a bond or other proof of ability to respond in damages. 2. Specific requirements as to size, construction, and design of a kennel in which to house the dog. 3. Location of animal' s residence to include removal of the dog from the City of Vista. 4. Requirements as to type and method of restraint and/ or muzzling of the dog. 5. Photo identification or permanent marking of the dog for purposes of identification. 6. Payment of reasonable fees to recover the costs incurred by the Poundmaster of the City or the Humane Society is so delegated, in ensuring compliance with this chapter. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 110 Destruction

so delegated, may order the A. The Poundmaster or the Humane Society, if

destruction of a dog which it determines to be extremely dangerous to public health or safety, a dog which has made an extremely vicious attack upon an individual, or a dog declared vicious whose owner is unable or unwilling to adequately restrain it. B. The Poundmaster or Humane Society, if so delegated, shall give written notice by certified mail of its intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within five working days of mailing of such notice, a hearing to contest the intended destruction. C. If no hearing is requested pursuant to Subsection B, the dog shall be destroyed pursuant to applicable provisions of law. D. If a hearing is requested pursuant to Subsection B, such hearings shall be held within ten working days of the request; and the dog shall not be destroyed prior to the conclusion of the hearing. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 120 Change of Ownership

Owners or custodians of a vicious dog who sell or otherwise transfer the ownership,

custody or residence of a dog declared vicious shall, within ten days, inform in writing, the Poundmaster of the City or the Humane Society, if so delegated, of the name, address and telephone number of the new owner or custodian and the name and description of the dog. The previous owner or custodian shall, in addition, notify the new owner or custodian in writing of the details of the dog' s record, terms and conditions of maintenance, and provide the Poundmaster so delegated, with a copy thereof, and with writtenof the City or Humane Society, if acknowledgment new owner or custodian of this receipt of the notification. The by the Poundmaster of the City or the Humane Society, if so delegated, will notify the City Manager, Fire Department, and the Sheriffs Department of any changes of ownership, custody, or residence within three working days of receipt of such information. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Section 6. 09. 130 Continuation of Declaration as a Vicious Dog

Any dog which has been declared a vicious dog by any agency or department of this City, another municipality, county, or state shall be subject to the provisions of this chapter for the remainder of its life. The person who owns or possesses any dog declared a vicious dog by any municipality, county, or state government must notify the Poundmaster of the City or Humane Society, if so delegated, of the dog' s address and restrictions of maintenance, within ten days of moving the animal into the city. The restrictions and conditions of maintenance of any dog declared vicious by this City, another municipality, county, or state will continue to remain in force while the dog is in this city. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 140 Severability

If any section, sentence, clause or phrase of this chapter is for any reason held to be

invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

Section 6. 09. 150 Enforcement

The provisions of this chapter are enforceable, and violations are punishable pursuant to

Chapter 1. 16 of this code. Chapter 1. 16 allows the City Manager, or his/ her designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 92- 26, Enacted, 01/ 12/ 93)

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Chapter 6.10

Retail Sales ofDogs and Cats