Weed Municipal Code Ch. 5.22 Commercial Cultivation of Cannabis

Footnotes:

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Editor's note— Ord. No. 453-2019, § 2, adopted April 11, 2019, set out provisions intended for use as Ch. 5.20, §§ 5.20.010—5.20.300. Inasmuch as there were already provisions as designated, said provisions have been codified herein as Ch. 5.22, §§ 5.22.010—5.22.300 at the discretion of the editor.

This Chapter shall be known as the commercial cannabis cultivation ordinance.

(Ord. No. 453-2019, § 2, 4-11-2019)

This Chapter of the Weed Municipal Code is intended to implement state law by providing a means for regulating the cultivation of cannabis in a manner that balances the needs of medical patients, caregivers, and adult users of cannabis, while promoting the health, safety, and welfare of the residents and businesses within the city.

(Ord. No. 453-2019, § 2, 4-11-2019)

As used in this chapter:

A. "Applicant" means a person who applies to the city for a commercial cannabis cultivation permit.

B. "Application" means an application for a commercial cannabis cultivation permit.

C. "Application fee" means the fee specified by the city council, the payment of which is required for a person to receive a commercial cannabis cultivation permit.

D. "Cannabis," also sometimes commonly referred to as "marijuana," has the same meaning as "cannabis" in section 19300.5 of the California Business and Professions Code, which includes marijuana as defined in California Health and Safety Code section 11018.

E. "Cannabis canopy" or "canopy" means that area containing cannabis plants, as calculated by the city manager in square feet and measured using clearly identifiable boundaries of all areas that will contain mature plants at any point in time, including all spaces within the boundaries. The area may be noncontiguous, but each unique area included in the canopy calculation shall be separated by an identifiable boundary. If mature plants using a shelving system, the surface area of each level shall be included in the total canopy calculation.

F. "City" means the City of Weed.

G. "City attorney" means the person then holding the office of city attorney of the city, or his or her designee(s).

H. "City clerk" means the person then holding the office of city clerk of the City of Weed, or any person holding the office of deputy city clerk.

I. "City council" means the city council of the City of Weed, acting at a duly called meeting.

J. "City manager" means the person holding the office of city manager of the City of Weed or his or her designee(s), including the assistant city manager.

K. "Commercial cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries, that is, or any portion of derivative of which is, intended to be transported, processed, manufactured, distributed, dispensed, delivered or sold, except for personal use.

L. "Cultivate" or "cultivation" means to plant, grow, harvest, dry, cure, grade, and trim cannabis.

M. "Commercial cannabis cultivation area" means the area on a cultivation site in which cannabis is cultivated.

N. "Commercial cannabis cultivation business" means an enterprise or other activity engaged in commercial cannabis cultivation.

O. "Cultivation site" or "site" means the portion of the parcel of real property upon which a commercial cannabis cultivation business is operated.

P. "Indoor" means cultivation within a metal, wood, or glass structure which is not open to the outside from above or to the side of the growth area. Indoor includes a glasshouse, conservatory, hothouse, or other structure using a combination of natural light and light deprivation and artificial lighting often referred to a mixed-light cultivation, but does not include a greenhouse or hoop-house with polyethylene plastic sheeting, visqueen, or the equivalent or walls made of other impermanent material.

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

R. "Manager" means a person with authority and/or responsibility for the establishment, registration, supervision, or oversight of the operation of a commercial cannabis cultivation business, including but not limited to a person who also performs the functions of a board member, director, officer, owner, operating officer of a commercial cannabis cultivation business.

S. "Nursery" means the production of clones, immature plants, seeds, and which may offer for sale other agricultural productions for the planting, propagation, or cultivation of cannabis.

T. "Outdoor" means cultivation which is open to the air above or to the side of the growing area, including a greenhouse with plastic walls or walls made of visqueen or similar impermanent material.

U. "Permit" means a permit issued under this chapter.

V. "Permittee" means a person to whom a permit has been issued and which is in effect and not suspended or revoked.

W. "Person" means an individual, general or limited partnership, joint venture, association, corporation, limited liability company, estate, trust, trustee, business trust, receiver, syndicate, cooperative, association, or any other group or entity.

X. "Personal use" means the use of cannabis primarily by the occupant(s) of the property where the cannabis was cultivated.

Y. "Staff" means a person other than a manager who works or provides services on the site of a commercial cannabis cultivation business, whether as an employee, contractor, or volunteer.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. No person shall commercially cultivate cannabis or operate a cannabis nursery without a valid commercial cannabis cultivation permit issued pursuant to this Chapter.

B. The types of commercial cannabis cultivation permits issued pursuant to this Chapter include:

1. Specialty Cottage Class A for indoor cultivation of less than or equal to five hundred square feet of total canopy size on one cultivation site.

2. Specialty Class B, for indoor cultivation of between five hundred one and five thousand square feet of total canopy size on one cultivation site.

3. Small for indoor cultivation between five thousand one and ten thousand square feet of total canopy size on one cultivation site.

4. Medium Class C, for indoor cultivation of between ten thousand one and twenty-two thousand square feet of total canopy size on one cultivation site.

5. Nursery is an indoor site that conducts only cultivation of clones, immature plants, seeds, and other agricultural products used specifically for the propagation or cultivation of cannabis.

C. This Chapter does not apply to the non-commercial cultivation of cannabis in accordance with Section 18.60.10 of this code which provides for a medical marijuana cultivation use permit.

D. This Chapter does not apply to the non-commercial cultivation of up to six cannabis plants for personal use as permitted by California Proposition 64.

E. A commercial cultivation cannabis permit shall not be required of a previously permitted microbusiness.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. The following commercial cannabis cultivation permit program fees are established and imposed:

1. Specialty cottage commercial cannabis cultivation permit program fee;

2. Specialty commercial cannabis cultivation permit program fee;

3. Small commercial cannabis cultivation permit program fee;

4. Medium commercial cannabis cultivation permit program fee;

5. Nursery commercial cannabis cultivation permit program fee.

B. The city council shall establish by resolution the amounts of the fees specified in subsection A, and any related penalties.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. A person may apply for a commercial cannabis cultivation permit, or a permit renewal, by filing an application with the city manager. The application shall be on a form approved by the city manager and may require any information or documentation consistent with the provisions of this code and state law, including the following:

1. Applicant.

a. Formation and organizing documents, including, as applicable, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and filed/published fictitious business name statement, as may be required by the city manager.

b. The phone number and address to which notice of action on the application and correspondence is to be mailed.

2. Interested Parties. The name, address, telephone number, title, and function of each of the interested parties described in Section 5.22.130.

3. For each of the interested parties identified pursuant to subsection (A)(2):

a. A legible copy of one valid government-issued form of photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.

b. A list of their felony convictions, if any, within the last ten years, except those that have been expunged by court order. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the name of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.

c. Consent to fingerprinting and criminal background investigation.

4. Cultivation Site.

a. Description. A general description of the proposed cultivation site, including the street address, parcel number, the total square footage of the site, the total square footage of cannabis canopy, and the characteristics of the surrounding area.

b. Floor Plan. A scaled floor plan for each level of each building that makes up the cultivation site, including the entrances, exits, walls, and cultivation areas. The floor plan must be accurate and complete.

c. Site Plan. A scaled plan of the cultivation site, including all buildings, structures, driveways, parking lots, landscape areas, boundaries, and other features and improvements. The site plan must be accurate and complete.

d. Compliance with the city planning and development code. If a city conditional use permit was required and issued for the site location prior to beginning cultivation under this chapter, a copy thereof shall be included with the application.

e. Evidence of Ownership. A copy of the latest vesting deed showing record ownership of the proposed site. If the applicant is not the record owner, the applicant shall provide the notarized written consent of the record owner for the applicant to operate the commercial cannabis cultivation business, specifying the street address.

f. Statement of Owner's Consent. Written consent of the owner of the proposed site to operate a commercial cannabis cultivation business, specifying the street address and parcel number.

5. Security.

a. Security Plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the cultivation site. The security plan must be complete and accurate and be prepared by a qualified person.

b. Lighting Plan. A lighting plan showing existing and proposed exterior and interior lights that will provide adequate security lighting for the use.

6. Odor Control. A detailed plan describing the air treatment system, or other methods that will be implemented to adequately prevent odors generated from the cultivation and storage of cannabis from being detected outside the buildings on the cultivation site.

7. Business Operations.

a. Business Plan. A short description of how the commercial cannabis cultivation business will operate, including the number of employees, square footage of cultivation area, and method of cultivation.

b. Community Relations Plan. A plan describing who is designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted.

c. State Licenses. Following issuance of the commercial cannabis cultivation permit the applicant shall supplement the city's file by providing copies of its state license(s) relating to cannabis, including cultivation licenses, that have been issued to the applicant.

8. City Authorization. Authorization and consent for the city manager to seek and receive verification of any information contained within the application.

9. Applicant's Certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision. In addition, the applicant must certify that he or she understands that the city reserves the right to modify this Chapter in any respect, including modifications or other actions that may result in the revocation of, or require significant modifications to, a permit, and permittee assumes all such risks, and in such event disclaims any property rights in its permit and whereby the applicant agrees to defend, indemnify, and hold harmless the city and its agents, officers, officials, and employees from and against any and all claims or actions: (a) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from operations at the cultivation site, or (b) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis produced at the cultivation site.

B. Every application for a commercial cannabis cultivation permit shall be accompanied by a nonrefundable commercial cannabis cultivation permit program fee.

C. No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a commercial cannabis cultivation permit.

(Ord. No. 453-2019, § 2, 4-11-2019)

The city manager is authorized to establish procedures and guidelines to process commercial cannabis cultivation business permit applications. To ensure that applications for smaller cultivation sites are provided an equal opportunity to be processed as larger sites, the procedures and guidelines may call for a process that considers the canopy size being applied for when determining the order of application processing.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. The city manager may deny a cannabis cultivation permit if the city manager determines that one or more of the following circumstances exist:

1. The application received is incomplete (provided, however, that the city manager may grant additional time, not to exceed ninety days, to allow an incomplete application to be augmented and/or corrected), filed late, or not responsive to the requirements of this chapter;

2. The application contains a false or misleading statement or omission of a material fact;

3. The operation of a cultivation site described in the application fails to comply with any of the requirements in this code, state law, or any other law or regulation;

4. The applicant or any of its managers has any unpaid and overdue administrative penalties imposed for violations of this code;

5. The applicant has not paid the applicable cannabis business tax pursuant to Chapter 5.10 of this code;

6. Within twelve months of the date of the application, either the applicant has had a commercial cannabis cultivation permit, or equivalent, revoked by the governmental authority which issued it, or any of its managers were associated with such a business;

7. The issuance of the requested permit would result in two or more specialty cottage cultivation permits, specialty cultivation permits, small cultivation permits, medium cultivation permits, or nurseries being operated within five hundred feet of each other, that are owned, staffed, or operated in conjunction with each other so as to combine operations into what is, in effect, a larger operation; or,

The applicant, manager, or any member of the staff has been convicted of a serious or violent felony (as defined by Penal Code secs. 1192.7(c) or 667.5(c)) within the previous ten years, and the conviction has not been expunged, dismissed, or reduced to a misdemeanor.

B. The city manager may grant additional time, but not more than ninety days, to allow for an incomplete application to be augmented or corrected.

C. The denial of a commercial cannabis cultivation permit may be appealed to the city council by the applicant filing with the city clerk a letter requesting such an appeal and stating the ground therefore within ten business days following issuance of the decision of denial.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. A commercial cannabis cultivation permit issued pursuant to this Chapter is valid for five years from the date that the permit is issued, unless sooner suspended or revoked. Upon the expiration of the permit, if it is not renewed, the permittee shall proceed as provided in Section 5.22.110 of this Chapter.

B. A commercial cannabis cultivation permit is valid for only one cultivation site.

C. A commercial cannabis cultivation permit is not assignable and any change in ownership, officers, or management of the permittee is prohibited unless the permittee applies for and is granted an amendment to the permit prior to the change, or, if the change is one that was not planned, such as the termination of a manager, death of an owner, or similar situations, the permittee applies for an amendment within thirty days of the change. If an amendment is not approved by the city within sixty days of an unplanned change, the permit shall be suspended, and the permittee shall proceed as provided in Section 5.22.110 of this Chapter.

D. Conditions placed on the conditional use permit issued under the city shall also be deemed to be conditions of the commercial cannabis cultivation permit. Any violation of the conditional use permit's conditions is grounds for the city manager to suspend or revoke the commercial cannabis cultivation permit.

E. The city manager may impose additional conditions on the commercial cannabis cultivation permit, including the maximum square footage of canopy allowed number and types of equipment (lights, air filters, carbon dioxide generators, etc.) allowed, and security features.

F. To renew a commercial cannabis cultivation permit, the permittee shall submit an application in accordance with Section 5.22.060. The permittee shall submit the application no later than one hundred twenty days prior to the existing permit's expiration date. Untimely applications are subject to a late penalty in the amount established by resolution of the city council. The city manager may grant one or more temporary extensions of a permit if the city has not granted a renewal within sixty days of its receipt of the application.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. The city manager may suspend, modify, or revoke a commercial cannabis cultivation permit issued pursuant to the provisions of this chapter for any of the following reasons:

1. One or more of the circumstances upon which a commercial cannabis cultivation permit could be denied, as described in Section 5.22.080, exists or has occurred;

2. One or more conditions of the commercial cannabis cultivation permit has been violated; or

3. The permittee, its owners, officers, directors, partners, agents, or other persons vested with the authority to manage or direct the affairs of the commercial cannabis cultivation business have violated any provision of this Chapter.

B. The suspension, modification, or revocation of a commercial cannabis cultivation permit may be appealed to the city council by the permittee by filing with the city clerk a letter requesting such an appeal and stating the ground therefore within ten business days following issuance of the decision to suspend, modify, or revoke.

C. During the pendency of an appeal of a suspension, modification, or revocation, the subject commercial cannabis cultivation business shall proceed as provided in Section 5.22.110 of this chapter.

(Ord. No. 453-2019, § 2, 4-11-2019)

Upon the suspension, non-renewal, or revocation of a commercial cannabis cultivation permit, the permittee shall:

a. Immediately suspend receipt of any new cannabis seedlings at the site;

b. Suspend all new plantings of cannabis at the site;

c. Within seven calendar days of receipt of notice of suspension, non-renewal, or revocation, submit a written cessation plan to the city manager for the winding down and cessation of the operations of the permittee, including the disposal or other disposition of any live cannabis plants and of any cannabis products, with the dual objectives of avoiding unnecessary financial losses and protecting the public health, safety, and welfare. The cessation plan shall be submitted to the city council for its approval upon the recommendation of the city manager. If the permittee fails to timely submit a cessation plan, or if the cessation plan is rejected by the city council, the city manager may issue a notice to the permittee that it is to immediately cease all cannabis-related activities other than the removal of cannabis from the site.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. A commercial cannabis cultivation permittee shall cultivate cannabis only in a fully enclosed building with or without mixed light.

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

(Ord. No. 453-2019, § 2, 4-11-2019)

Commercial cannabis cultivation for specialty, small and medium permits may be permitted only on parcels of one acre or more, zoned CM (Light Industrial) or M (Industrial) zoned districts. Commercial cannabis cultivation for cottage and nursery permits may be permitted on smaller sites meeting the minimum lot size requirements for the zone district in C-l (Commercial), CM (Light Industrial) or M (Industrial) zoned districts. Upon the issuance of a conditional use permit, commercial cannabis cultivation not specifically allowed by this section may be allowed by the city within the premises (including the basement) of a cannabis dispensary to which the city has issued a permit and may continue only while such permit is in effect.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. A commercial cannabis cultivation business shall provide the city with names and addresses of all of the following interested parties:

1. Persons with at least a twenty percent interest in the cannabis cultivation business;

2. Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least ten percent of the stock, capital, profits, voting rights, or membership interest of the commercial cannabis cultivation business or that is one of the partners in the commercial cannabis cultivation business;

3. The managers of the commercial cannabis cultivation business; and the staff of the commercial cannabis cultivation business.

B. The permittee shall notify the city of any change in the information above within thirty days of the filing of the change with the state licensing agency.

C. All interested parties, as described in subsection A, must submit to fingerprinting and a criminal background check by the city.

D. No person shall be an interested party, as described in subsection A, if he or she is charged with or convicted of a violent or serious felony; has been charged with or convicted of a violation of California Penal Code section 186.22 (participation in a criminal street gang); or is currently on parole or probation for an offense relating to the sale or distribution of a controlled substance. "Convicted" within the meaning of this Section means a plea or verdict of guilty or a conviction following a plea of nolo contendere was entered, but does not include any plea, verdict, or conviction that is expunged, dismissed, or reduced to a misdemeanor pursuant to California law or a similar federal or state law wherein expungement, or the equivalent, was granted. "Charged" within the meaning of this section means (1) an indictment was issued by a grand jury, or an information, complaint, or similar pleading was issued by the United States Attorney, district attorney, city attorney, or other governmental official or agency authorized to prosecute crimes, and (2) the criminal proceedings are currently pending. A post-judgment dismissal of the proceedings (expungement), or reduction from felony to misdemeanor status, shall nullify the conviction for purposes of this section.

(Ord. No. 453-2019, § 2, 4-11-2019)

A commercial cannabis cultivation permittee shall provide the city manager with the current name and primary and secondary telephone numbers of at least one twenty-four-hour on-call manager to address and resolve complaints and to respond to operating problems or concerns associated with the commercial cannabis cultivation business.

(Ord. No. 453-2019, § 2, 4-11-2019)

A commercial cannabis cultivation permittee shall provide the city manager with the current name and primary and secondary telephone numbers of at least one manager to communicate with the surrounding neighborhoods and businesses. The commercial cannabis cultivation business shall make good faith efforts to encourage neighborhood residents to call this person to solve problems, if any, before any calls or complaints are made to the city. Nothing herein shall preclude the emergency contact manager and community relations manager from being the same identified individual.

(Ord. No. 453-2019, § 2, 4-11-2019)

A cultivation site shall comply with the following requirements:

A. Entrances. All entrances into the buildings on the cultivation site shall be locked at all times with entry controlled by the commercial cannabis cultivation permittee's managers and staff.

B. Storage Area. Each building with a cultivation area shall have adequate storage space for cannabis that has completed the cultivation process or is otherwise not being cultivated. The storage areas shall be separated accessible only to managers and staff of the commercial cannabis cultivation permittee.

(Ord. No. 453-2019, § 2, 4-11-2019)

A cultivation site shall comply with the following security requirements:

A. A commercial cannabis cultivation permittee shall comply with the security plan required by Section 5.22.060(A)(5) that is approved by the city manager, which plan may include building specifications, lighting, alarms, and state-licensed security personnel.

B. Each security plan approved by the city manager must include the following:

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

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

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

C. A cannabis cultivation permittee shall report to the city police department all criminal activity occurring on the cultivation site.

(Ord. No. 453-2019, § 2, 4-11-2019)

A commercial cannabis cultivation permittee shall prevent all perceptible odors generated from the cultivation and storage of cannabis from escaping from the buildings on the cultivation site.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. No commercial cannabis cultivation permittee shall open their cultivation site to the public without written permission of the city manager, which permission may be granted for educational and tourism purposes only. Permission may be granted for one event or activity or a multiple number of events and activities.

B. No commercial cannabis cultivation permittee shall allow anyone on the cultivation site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters or city officers and staff engaged in city business.

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

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

E. The permittee may designate a custodian or similarly situated person to occupy and/or reside in a portion of the premises for site security purposes.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. No juvenile shall be on the cultivation site or operate a commercial cannabis cultivation business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer, with the exception of educational events or activities for juveniles age seventeen approved under Section 5.22.200(A).

B. No commercial cannabis cultivation permittee shall allow any violation of subsection A.

(Ord. No. 453-2019, § 2, 4-11-2019)

With the exception of a nursery, or as otherwise permitted by state law and the city council, and Section 5.22.130 no person shall conduct any retail sales of any goods or services on a commercial cannabis cultivation site.

(Ord. No. 453-2019, § 2, 4-11-2019)

No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within twenty feet of, the cultivation site.

(Ord. No. 453-2019, § 2, 4-11-2019)

No person shall give, sell, distribute, or otherwise transfer any cannabis cultivated on a cultivation site in any manner that violates local or state law.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. A commercial cannabis cultivation business shall maintain the following records in printed format for at least three years on the cultivation site and shall produce them to the city within twenty-four hours after receipt of the city's request:

1. The name, address, and telephone numbers of the owner of the property wherein the site is situated;

2. The name, date of birth, address, and telephone number of each manager and staff member of the commercial cannabis cultivation business; the date each was hired; and the nature of each manager's and staff member's participation in the commercial cannabis cultivation business; and,

3. A copy of the commercial cannabis cultivation business' commercial general liability insurance policy and all other insurance policies related to the operation of the business.

B. A commercial cannabis cultivation business shall report any loss, damage, or destruction of these records to the city manager within twenty-four hours of the loss, damage, or destruction.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. The commercial cannabis cultivation permittee shall prevent and eliminate conditions on the cultivation site that constitute a nuisance.

B. The cannabis cultivation permittee shall maintain the exterior of the cultivation site, including any parking lots under the control of the permittee, free of litter, debris, and trash.

C. The permittee shall properly store and dispose of all waste generated on the cultivation site, including chemical and organic waste, in accordance with all applicable laws and regulations.

D. Notwithstanding any provisions of this code to the contrary, the permittee shall remove all graffiti from the cultivation site, parking lots, and other areas under the control of the permittee within seventy-two hours of its appearance.

(Ord. No. 453-2019, § 2, 4-11-2019)

A. No commercial cannabis cultivation business shall operate unless it is in possession of all applicable state and local licenses or permits.

B. Every commercial cannabis cultivation business shall submit to the city manager a copy of any and all of its state and local licenses and permits required for its operation.

C. If any other state license or permit required for a commercial cannabis cultivation business's operation is denied, suspended, modified, revoked, or expired, the permittee shall notify the city manager in writing within five calendar days.

(Ord. No. 453-2019, § 2, 4-11-2019)

In addition to any fees established and imposed pursuant to this chapter, all commercial cannabis cultivation businesses are required to pay all applicable taxes, including the cannabis business tax pursuant to Chapter 5.10 of the Weed Municipal Code and sales or other taxes pursuant to state law.

(Ord. No. 453-2019, § 2, 4-11-2019)

Nothing in this Chapter is intended, nor shall it be construed, to exempt the commercial cultivation of cannabis from any and all applicable local and state construction, electrical, plumbing, land use, water rights and usage, wastewater discharge, or any other environmental building or land use standards or permitting requirements.

(Ord. No. 453-2019, § 2, 4-11-2019)

Nothing in this Chapter is intended, nor shall it be construed, to preclude the owner of the property on which the commercial cannabis cultivation business might otherwise be operated from regulating, limiting, or prohibiting commercial cultivation on such property.

(Ord. No. 453-2019, § 2, 4-11-2019)