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HomeMy WebLinkAbout1230 - Permit-Regulate Cannabis Consumption Areas1230 between the Cannabis Related Business and the residential unit or the residentially zoned property that the decision-making entity charged with hearing and making the decision on the use permit application or the appeal of that decision determines sufficient to provide an appropriate separation. 2. A Cannabis Retailer, as defined in Section 9278 of this code, shall not be allowed within two hundred fifty feet (250') of another Cannabis Retailer, with that distance measured by street frontage from the property line of the other Cannabis Retailer to the closest property line of the lot on which the Cannabis Retailer is to be located, and not radial distance. 3. A waiver of the provisions in subsections Fla through a and F2 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Zoning Administrator or the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the cannabis-related business. SECTION 2 Section 9174.3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9174.3 CANNABIS RETAILERS A. Applicability: The standards and requirements in this Section apply specifically to Cannabis Retailers, as defined in Section 9278 of this Code, and other Cannabis Businesses with a retail component, and shall apply in addition to the requirements and standards for all Cannabis Businesses set forth in Section 9174.2 and elsewhere in this Code. In the event of any conflict between the requirements of this Section and those included elsewhere in the City Code, the requirements of this Section shall control. B. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meaning: 1. "Adult-use" means a person the age of 21 or over with a valid state ID, who is qualified to purchase cannabis from an established cannabis business. 2. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform. 3. "Identification card" shall Have the same definition as in California Health and 2 Safety Code section 11362.7, and as it may be amended. 4. "Medical cannabis" or"medicinal cannabis" means cannabis that is intended to be used for medical cannabis purposes in accordance with State law. 5. "On site" means an activity or accessory use that is related to the primary use — i.e., lawful, retail distribution of cannabis—and is located on the same legal parcel as the primary use. 6. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. 7. "Qualified patient' shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. C. Operating Requirements 1. Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a Cannabis Retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the Cannabis Retailer in question dispenses cannabis for medical use. Adult Use Cannabis Retailers shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card. 2. Cannabis Retailer Access: a. The entrance into the Cannabis Retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance. b. Cannabis Retailer personnel shall monitor site activity, control loitering and site access. c. Only Cannabis Retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing Medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises. d. Only a primary caregiver and qualified patient or persons the age of twenty- one (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrancellobby. e. Restrooms shall remain locked and under the control of management. 3 3. Operations: a. The Cannabis Retailer may sell cannabis or cannabis products to an individual only in an amount consistent with personal possession and use limits allowed by the State b. A Cannabis Retailer shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis. 4. Hours of Operation: Hours of operation are limited to nine o' clock (9:00) A.M. to nine o' clock (9:00) P.M., seven (7) days a week. 5. Consumption Restrictions: a. Except as set forth in subdivisions b and c below, cannabis shall not be consumed on the premises of the Cannabis Retailer. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other surroundings within two hundred feet (200) of the Cannabis Retailer's entrance. b. Cannabis may be consumed in a designated Cannabis Consumption Area on the premises of a Cannabis Retailer upon approval of a Use Permit or modification of an existing Use Permit. A Cannabis Retailer's operation and use of a Cannabis Consumption Area shall comply with the provisions of Division 5, Chapter 7 of this Code, entitled No Smoking. Cannabis Consumption Areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing Use Permit is modified to reflect the creation of a Cannabis Consumption Area, that Use Permit shall be subject to renewal one year after the Cannabis Consumption Area has become operational. c. A Retailer with a Cannabis Consumption Area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and state laws. A Retailer with a Cannabis Consumption Area that is indoors in a fully enclosed secure structure shall be limited to allowing consumption of Edible Cannabis Product or Orally Consumed Concentrate only. d. Cannabis Consumption Areas shall be located in well-ventilated, private areas partitioned from access to all other areas of the premises, as well as from adjacent properties. Any Cannabis Consumption Areas which allow smoking and vaping of cannabis products shall be designed to prevent the flow of smoke to any other area of the premises or adjacent property. d. Cannabis Retailer operations shall not result in illegal redistribution of cannabis obtained from the Cannabis Retailer, or use in any manner that violates local, State or City codes. 4 e. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City owned parks and/or City sponsored events where designated as nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this Code and as amended, enclosed places and places of employment as defined in sections 4503 and 4505 of this Code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this Section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air Act of 1976, Health and Safety Code Section 118875 et seq. and as amended. 6. Retail Sales and Cultivation: a. No cannabis shall be cultivated on the premises of the Cannabis Retailer, except in compliance with this Section and with Sections 6093 and 9254 of this code and applicable State laws and regulations. b. Cannabis Retailers may keep on the Premises immature nursery stock cannabis plants, or clones, that are not intended to be raised to maturity by the Cannabis Retailer but instead sold to Adult Use patrons or qualified patients. c. Up to one hundred fifty (150) square feet of the total square footage of the Cannabis Retailer may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. d. Retail sales of cannabis that violate California law or this Code are expressly prohibited. 7. Floor Plan: Cannabis Retailers or other Cannabis Businesses with a retail component shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients or designated caregivers or to eligible adult use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. SECTION 3 Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows {unchanged text is omitted and is shown by 5 §9278 DEFINITIONS B. CANNABIS CONCENTRATE: Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. For purposes of this Chapter, "cannabis concentrate" includes, but is not limited to, the kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products (e.g., dab, shatter, and wax), and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended. CANNABIS CONSUMPTION AREA: A licensed premises where cannabis may be consumed by persons 21 years of age and over. A cannabis consumption area must be limited to one of the following uses: 1. Outdoor: Consumption of cannabis by smoking, vaping, and ingesting edible products. 2. Indoor: Consumption of cannabis edible products by ingestion only. EDIBLE CANNABIS PRODUCT: A product intended to be used orally, in whole or in part, for human consumption. For purposes of this Chapter, "edible cannabis product" includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as "cannabis concentrate." ORALLY CONSUMED CONCENTRATE: A cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product. "Orally consumed concentrate" includes tinctures, capsules, and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended. SECTION 4 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 6 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on March 15, 2023, by the following roll call vote: AYES: Councilmembers Orozco, Sher, Crane, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: Vice Mayor Duenas Adopted on April 5, 2023 by the following roll call vote: AYES: Councilmembers Orozco, Sher, and Mayor Rodin NOES: None ABSENT: Councilmember Crane ABSTAIN: Vice Mayor Duenas Marl Rodin, Mayor ATTEST: Kristine Lawler, City Clerk 7