sacramento cannabis dispensary regulations

7/30/2019 Sacramento cannabis dispensary regulations

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ORDINANCE NO. 2010-037 Adopted by the Sacram ento City Council

November 9, 2010AN OR DI NANCE ADDI NG CH APTER 5 . 150 TO T ITLE 5 OF THE S A C R A M E N T O C I TY C O D E A N D R E P E A L I N G O R D I N A N C E N O . 2009 - 033 , AND O RDI NANCE NO. 2009 -041 , RELAT ING TO ME D ICAL MAR IJU ANA D I S P E NS ARI E S

B E I T E N A C T E D B Y T H E C O U N C I L O F T H E C I T Y O F S A C R A M E N T O :Section 1.Chap ter 5.150 is added to the Sacram ento City Code to read as follows:

Chapter 5.150ME D I CAL MAR IJU ANA D I S P E NS ARI E S

5.150.010urpose and intent.In 1996 California voters approved Proposition 215, entitled "The Compassionate UseAct," that was later codified at Health and Safety Cod e section 11362 .5. TheCom passionate Use Ac t ensures that qualified patients and their primary caregiverswho obtain and use marijuana for medical purposes upon the recommendation of aphysician are not subject to criminal prosecution or sanction under state law. In 2003the state enacted Senate Bill 420, known as the Medical Marijuana P rogram, codifiedat Health and Safety Code sections 11362.7 et seq. The Medical Marijuana Programwas intende d to supplem ent the provisions, and clarify the intent, of theCom passionate Use Ac t and to allow cities to adopt and enforce rules and regulationsconsistent with the Me dical Marijuana Program.It is the purpose and intent of the city council to regulate medical m arijuanadispensaries consistent with the Med ical Marijuana Program and to protect the health,safety, and welfare of the residents of the City of Sacramento. The regulations in thischapter do n ot interfere with a qu alified patient's right to obtain and use marijuana a sauthorized under state law, nor do they criminalize the posse ssion or cultivation ofmarijuana by q ualified patients or their primary careg ivers. Medical marijuanadispensaries shall comp ly with all provisions of the Sacram ento City Code, state law,and all other applicable local codes and regulations. It is neither the intent nor theeffect of this chapter to condo ne or legitimize the illegal use or consum ption ofmarijuana under federal, state, or local law.

5.150.020efinitions.Ordinance 2010-037ovember 9, 2010


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As use d in this chapter:"City manager" means the city manager or designee."Dispensary" shal l have the same def init ion as "medical mari juana dispensary," as setforth in this section."Dispensary area" mea ns the dispensary property and the area within 100 feet of thedispensary property."Dispensary building" means the portion of a building within which a dispensary isoperated."Dispensary permit" mean s a m edical mari juana dispensary permit issued pursuan t tothis chapter."Dispens ary prope rty" me ans the p arcel of real prope rty or portion of the parce l of realproperty that is owned or leased by a dispensary and u pon which a d ispensary isoperated."Drug parap hern alia" shall have the s ame definit ion as set forth in California Hea lthand S afety Code section 11364.5."Identification card" sha ll have the sam e de finit ion as set forth in California Hea lth andSafety Code section 11362.7."Marijuana" sha ll have the s am e definit ion as set forth in California Hea lth and SafetyCode se ction 11018."Medical mari juana" m eans m ari juana used for medical purposes in accordanc e withthe Com passionate Use A ct (Cal ifornia Health and Safety Code sect ion 11362.5) andthe Med ical Mari juana Program Act (Cal ifornia Health and Safety Code se ct ions11362.7 et seq.)."Medical marijuana dispensary" means a cooperative or collective of four or moreme mbe rs who a ssociate at a p articular location or real prope rty to collectively orcooperat ively distr ibute ma ri juana to mem bers for medical purposes, and operate on anot-for-profit basis, consistent with California Hea lth and Sa fety Code se ction 11362.5,Article 2.5 of Cha pter 6 of Division 10 of the Health and Safety Code (Health andSafety Code sections 11362.7 et seq.), the Guidelines for the Security and Non-Diversion of Marijuan a Grown for Med ical Use issued by the California AttorneyGeneral in August 2008, and this chapter. A medical marijuana dispensary shall notinclude the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of theHealth and S afety Code; a health care faci l ity licensed p ursuant to Chapter 2 ofDivision 2 of the H ealth and Safety Code ; a residential care facil ity for persons withchronic l ife-threaten ing illness license d pu rsuan t to Chapter 3.01 of Division 2 of theHea lth and Safety Code ; a residential care facility for the elde rly license d pursu ant toCha pter 3.2 of Division 2 of the Hea lth and Safety Code ; and a reside ntial hospice or

Ordinance 2010-037ovember 9, 2010


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a hom e health agency licensed pu rsuant to Chapter 8 of Division 2 of the Health andSafety Code, as long as any suc h use com plies with applicable laws including, but notlimited to, California Health and Sa fety Code section 113 62.5, Article 2.5 of Chap ter 6of Division 10 of the Hea lth and Safety Code (Hea lth and Safety Code sections11362.7 et seq.), and the Sacramento City Code."Management mem ber" means a m ember w ith responsibility for the establishment,registration, supervision, or oversight of the ope ration of a med ical marijuanadispensary, including but not limited to, a memb er who p erforms the functions of aboard m emb er, director, officer, owne r, operating officer, or mana ger of thedispensary."Mem ber" mea ns any qualified patient, primary caregiver, or person with anidentification card who is registered with a medical ma rijuana dispensary."Juvenile" means any natural person who is under the age of 18 years."Ope rate a dispensary" mea ns to engage in or conduc t the not-for-profit business of adispensary, including, but not limited to, distributing me dical marijuana a ndmaintaining the facilities of a dispensary."Person w ith an identification card" shall have the sam e definition as set forth inCalifornia Health and Safety Code section 1136 2.7."Physician" mea ns a licensed med ical doctor as defined in California Business andProfessions Code section 4039."Primary careg iver" shall have the same d efinition as set forth in California Health andSafety Code section 11362.7."Private medical records" m eans records related to the m edical history of a qualifiedpatient and includes the recomm endation of a physician for the me dical use ofmed ical marijuana and the designation of a primary caregiver by a qualified patient."Qua lified patient" shall have the sam e definition as set forth in California Health andSafety Code section 11362.7."Reasonable compensation" means compensation commensurate with wages andbenefits paid to officers and em ployees of other not-for-profit organizations who havesimilar job descriptions and duties, required level of education and expe rience, priorindividual earnings history, and num ber of hours worked."Special perm it" means any sp ecial permit issued by the city pursuant to Title 17 ofthis code related to the operation of a medical ma rijuana dispensary.

5.150.030edical marijuana dispensary permit required to operate.A.o person shall operate a medical marijuana dispensary unless the dispensary has avalid medical marijuana dispen sary permit issued pursuan t to this chapter.Ordinance 2010-037ovember 9, 2010


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B .either the obtaining of a dispensary pe rmit nor compliance w ith the opera tingstandards pro vided in this chapter shall excuse any violation of this code or state law.5.150.040egistered medical marijuana dispensaries.A. For purposes of this section a "registered medical marijuana dispensary" means adispensary: (1) that was prope rly registered with the city manager pu rsuant toOrdinance No. 2009-033 ; and (2) that is organized and operates as a cooperative orcollective within the mean ing of this chapter; and (3) the owner an d operator of whichhas not bee n cited or convicted of maintaining a pu blic nuisance or of a pub lic safetyviolation of state or local law relating to the operation of a med ical marijuanadispensary by the city or any g overnmental law enforcement agency.B . An app lication for a dispensary perm it may o nly be filed by a registered m edicalmarijuana dispensary.C. The app licant for the dispensary perm it must be the same ow ner(s) or principal(s)named on the m edical marijuana dispensary's registration as of July 27, 201 0, andmust be a managem ent mem ber of the registered medical marijuana dispensary.D. Notwithstanding the provisions of Section 5.1 50. 030, a person may continue tooperate a registered medical marijuana dispensary without a dispensary permit untilFebrua ry 7, 2011 . If an application for a dispensary perm it is properly filed, a personma y continue to operate that dispensary without a dispensary perm it until January 9,2012, and while the application's approval is pending.E. The au thorization to continue to operate a dispensa ry pursuant to subsection D of this

section shall not entitle the applicant to an app roval of their dispensary perm itapplication, a determination that the dispensary is a legally established use u nder theprovisions of this code, or legal non conforming status.5.150.050hase one applications for medical marijuana dispensary permit.A . Phase one applications for dispensary permits shall be fi led with the c ity manager'soffice no later than February 7, 2011. Applications shall be on forms provided by thecity and shall be accompanied by a non-refundable dispensary permit application fee,in the amount established by resolution of the city council. Applications received afterFebruary 7, 201 1, shall be rejected.B . The phase one app lication sha ll be s igned by one or more management membersunder pe nalty of perjury and sh all set forth in w riting:

1. Identity of the dispensary. A description of the statutory entity or business formthat will serve as the legal structure for the collective or cooperative and a co pyof its formation an d organizing do cum ents, including but not limited to, articlesof incorporation, certificate of ame ndm ent, statement of information, articles ofassociation, bylaws, partnership agreem ent, operating agreem ent, and fictitiousbusiness name statement. If a corporation, limited liability company, or aOrdinance 201 0-037ovember 9, 2010


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genera l or limited partnership is a stockholder owning m ore than 10 percen t ofthe stock or mem bership interest of an applicant's dispensa ry, or is one or mo reof the partners in an applicant's dispensa ry, the applicant shall set forth thenam es and add resses of each of the partners, officers, directors, andstockholders of the co rporation, limited liability company , or general or limitedpartnership.2 .anagement Information.a. The name, address, telephone number, title, and function(s) of eachmanagement member of the dispensary.b. For each m anagement m ember, a legible copy of one valid government-issued form of photo identification, such as a state driver's license, apasspo rt issued by the U nited States, or a perm anent resident card.3. Applicant's Phone Number and Mailing Address. The phone number and address

to which notice of action on the application and future correspondence is to bemailed.4 .revious Add resses. Previous ad dresses of the applicant for the past five yearsimmed iately prior to the present address.5 .erification of Age. Evidence that the applicant and all managem ent mem bers ofthe dispensary are at least 18 years of age.6 .riminal Background.

a. A lis t o f each misdemeanor and/or fe lony convic tion , if any , o f theapplicant and the managem ent mem ber(s), whether such convictionwas by verdict, plea of guilty, or plea of nob contendere. The list shall,for each con viction, set forth the date of arrest, the offense ch arged,and the offense of which the applicant or management mem ber wasconvicted.

b . T he ap plica nt a nd ea ch m an ag em en t m em be r sh all co ns en t tofingerprinting and a crimina l background investigation.7mployee Information. Num ber of employees, volunteers, and other persons who

will work or provide services at the dispensary.8.lan of Operations. A plan describing how the dispensary will operate consistentwith state law and the provisions of this chapter, including controls to:a . Ensure that medical marijuana is not purchased or sold by thedispensary in a ma nner that would generate a profit.b. Ensure that me dical marijuana will be distributed to membe rs only.

Ordinance 2010-037

ovember 9, 2 010


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c .nsure that access to the dispensary property is adequately monitoredand restric ted to members.9. Dispensary Description. A description of the proposed location, including thestreet address and parcel number, the square footage, the number of expectedmem bers, and the c haracteristics of the neighborhood or surrounding area.10. Response to Title 17. An explanation of how the dispensary com plies or expec tsto comply with Title 17 of this code, including but not limited to, the locationrequirements.11. Compliance wi th Applicable Taxes. The applicant shal l prov ide a current copy ofits business operations tax c ertifica te and state sales tax seller's permit.12. City Authorization. Authorization and consent for the city manager to seekverification of the information contained within the application.13. Statement of Owne rs Consent. Consen t to operate a dispensary at the proposed

location, specifying the street address and parcel number, from the owner orlandlord, of the proposed location.5.150.060eview of phase one application.A. Upon rec eiving a phase one a pplic ation for a dispensary permit, the c ity manage r shalldetermine whether the application is c omplete. If the c ity m anager determines that theapplic ation is inco mplete or has been c ompleted improperly, the c ity man ager shallnotify the applic ant. The c ity manager may g rant the applicant an extension of up toten days to c omplete the phase one application.B. I f the c i ty manager determines that the phase one application is complete and, on thefac e of the application, there appears to be no ba sis for denial of the perm it underSec tion 5.1 50.090, the c ity manager shall notify the applicant that it may c ontinue tophase two in the application process pursuant to Sec tion 5.150. 070.C. If the application is incomplete, or remains incomplete upon the expiration of anyextension, the c ity manager may d eny the application. If the c ity m anager denies thephase one a pplica tion, pursuant to the provisions of this sec tion, written notice ofdenial shall be served on the applic ant. Notw ithstanding any provisions of this co de tothe contrary, the decision of the city manager shall be final and not subject to

administrative appeal.D. In the event of denial, the applic ant shall ceas e operating the dispensary within 15days from the date notice of denial is served on the applicant. Continued operationsshall be unlawful and subject to the penalt ies in Sec tion 5.15 0.220.5.150.070 Review of phase two application.A.f the city manag er notifies the applic ant that it may c ontinue to phase two in theapplic ation proc ess the applicant shall, no later than Oc tober 11, 2011, f ile a phaseOrdinanc e 2010-037ovember 9, 2010


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two app lication w ith the city manage r's office, that includes the following:1. A non-refundable d ispensary permit program fee in the amount established byresolution of the city council. The dispensary permit program fee shall be inaddition to any other fee imposed b y this code.2. Securi ty Plan. A detailed securi ty p lan, prepared by a quali fied professional,outlining the measures that will be taken to ensure the sa fety of persons and toprotect the dispensary prope rty from theft.3. Floor Plan. A scaled floor plan for each level of the entire building showing theinterior configuration of the dispensa ry building, including a statemen t of thetotal floor area occupied by the dispensary. The floor plan must includeentrances, exits, restrooms, waiting area, office space, storage, and area fordistributing ma rijuana to memb ers. The floor plan must be professionallyprepared by a licensed civil engineer or a rchitect.4. Site Plan. A scaled site plan of the parcel of real property on which thedispensary bu ilding is located, including the ou tline of all structures, driveways,parking and landscape areas, and boundaries of the parcel. The site plan mustbe professionally prepared b y a licensed civil engineer or architect.5. Accessibility Evaluation. A written evaluation of accessibility by the physicallydisabled to and within the building and iden tification of any planned accessibilityimprove men ts to comply with all state and fede ral disability access laws,including, but not limited to, Title 24 of the C alifornia Co de of Re gulations andthe Americans with Disabilities Act. The evaluation must be professionallyprepared by a licensed civil engineer or architect.6. Neighborhood Context Map. An accurate straight-line drawing depicting thebounda ries of the dispensary property, the bounda ries of all other propertieswithin 1000 feet of the dispensary prope rty, and the uses of those properties,specifically including, but not limited to, any use iden tified in the locationrequirements of Title 17 of this code. The map must be professionally preparedby a licensed civil engineer or architect.7ighting Plan. A lighting plan show ing existing and propose d exterior andinterior lighting levels that would be the minim um n ecessary to provideadequate secu rity lighting for the u se.8. Zoning Code Compliance. A copy of a valid special permit approved by thecity's zoning administrator or planning com mission for the proposed dispens arylocation.9. A copy of the dispensary's commercia l general liabil ity insurance policy and al lother insurance po licies related to the operation of the dispensary.10. A copy of the dispensary's annu al budget for operations.



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1 1copy of the dispensary's m ost recent year's financial stateme nt and taxreturn.12. A list of the m ost recent prices for all products and services provided by thedispensary.13. Applicant's Certification. A statement dated and signed by each managementmem ber, under penalty of perjury, that the managemen t member has personalknowledge of the information contained in the phase one and phase twoapplications, that the information con tained therein is true an d correct, and thatthe applications have been completed u nder their supervision.14. Other Information. Such other information as deemed necessary by the citymana ger to demonstrate compliance with this code.

B .omplete Application.1. Upon receiving a phase two application, the city manager shall determinewhether the application is complete. If the city manager determines that theapplication is incomplete or has been completed improperly, the city managershall notify the applicant. The city manager may grant the applicant anextension up to ten days to complete the phase two application.2. An app lication is not to be considered incom plete for purpo ses of thissu bsection B if the sole docu ment remaining to be f i led is a copy of the specialpermit referenced in subsection A (8) of this Section.3. If the phase two application is incomplete, or remains incomplete upon the

expiration of any extension, the city manager may deny the application. If thecity man ager denies the phase two application for being incomplete, pursu antto the provisions of this section, written notice of denial shall be se rved on theapplicant. Notwithstanding any provisions of this code to the contrary, thedecision of the city manag er shall be final and not su bject to administrativeappeal.4. In the event of denial, the applicant shall cease opera ting the dispensary within15 days from the date notice of denial is served on the applicant. Continuedoperations shall be u nlawful and subject to the penalt ies in Section 5.150.220.5. If the city man ager determ ines that the application is complete, the comp letiondate of a phase two app lication shall be the date when the city man ager notifiesthe applicant that it has received a ll of the information or m aterials requ ired,including compliance with subsection (A)(8); has determined that the content inthe subm itted docum ents is responsive to the requirements; and has deemedthe application complete

5.150.080otices.All notices required by this chapter shall be deemed issued and served u pon the dateOrdinance 2010-037ovember 9, 2010


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they are either deposited in the United States mail, postage pre-paid, addressed tothe applicant or dispe nsary at the m ailing address identified in its application, the lastupdated ad dress on file with the city man ager's office, or the ma iling address o n theappeal form; or the date upo n which perso nal service of such notice is provided to theapplicant or a manage men t memb er identified on the application or appea l form.5.150.090riteria for review.

The city manag er may den y, revoke, or suspend a dispensary perm it on the followinggrounds:A .he application(s) and/or docum ents subm itted are incom plete, filed late, or notresponsive to the requirements of this chapter.The issuan ce of the dispensary perm it or operation of the dispensa ry at the proposedlocation is inconsistent with state law, the provisions of this chap ter, or this code.C . The dispens ary has generated an exce ssive numb er of calls for police servicecomp ared to similarly situated businesses of the sam e size as the dispensary.D. The dispens ary has caused seco ndary criminal or public nuisance impacts in thesurrounding a rea or neighb orhood, including, but not limited to, disturbances of thepeace, illegal drug a ctivity, marijuana use in public, harassm ent of passe rsby, littering,loitering, illegal parking, loud noises, or lewd conduct.E. The applicant, managem ent member, or any employee is a juvenile.

The dispensa ry has a history of inadequate safegua rds or procedures that show itwould not com ply with the operating requireme nts and standards in this chapter.G. The dispen sary has failed to pay fees, penalties, or taxes required by this code or hasfailed to comply with the produ ction of records or other reporting requirem ents of thischapter.H. The prop osed location does no t comply with the provisions of this code or is prohibitedby state law.

The site plan, floor plan, or security plan do not incorporate features n ecessary toassist in reducing potential crime-related problems a s specified in Section 5.150.130 .These features include, but are not limited to, security on site; procedure for allowingentry; openness to surveillance and con trol of the area, the perimeter, andsurrounding pro perties; reduction of opp ortunities for congrega ting and obstructingpublic ways a nd neighb oring property; illumination of exterior areas; and limitingoutdoor furnishings and features that encourag e loitering and nuisance be havior.

J. The dispensary or one or m ore managem ent mem bers, employees, or volunteershave violated a provision of this chapter.K. The p roposed location of the dispensary is likely to adversely affect the hea lth, peace,Ordinance 2010-037ovember 9, 2010


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or safety of persons living or working in the surround ing area or con tribute to a pub licnuisance.L. One o r more provisions of this code, conditions of the dispensa ry permit, conditionsimpose d by ano ther city issued p ermit, or any provision of any other local, state law orfederal law, regulation, order, or permit has b een violated.M. I t appears, based upon the informat ion before the c ity manager, that the appl icant hasprovided a false statem ent of material fact or has knowing ly omitted a material fact inthe application for, or renewal of, a d ispensary permit.N. The applicant or one or more m anagement mem bers, or employees has beenconvicted of a felony, or has enga ged in m isconduct that is substantially related to thequalifications, functions or duties of a dispensary operator. A conviction within themea ning of this section means a plea or verdict of guilty, or a conviction following a

plea of nob contendere. Notwithstanding the above, an application shall not bedenied solely on the basis that the applicant, any management m ember or anyemp loyee has bee n convicted of a felony if the person convicted has o btained acertificate of rehabilitation (expung eme nt of felony record) under C alifornia law orunder a similar federal statute or state law where the expungement was granted.0.he applicant or dispensary ha s previously or is currently engag ed in unlawful,fraudulent, unfair, or de ceptive business a cts or practices.5.150.100ayment of fees.A. Every phase one application for a d ispensary permit shal l inc lude a non-refundabledispensary pe rmit application fee and eve ry phase two ap plication for a dispensary

permit shall include a non-refundable dispensary permit program fee, in the amountsestablished by reso lution of the city council.B. In addit ion to any other fees, a d ispensary shall be required to pay a non-refundableannual dispensary permit program fee at the time the dispensary submits anapplication for renewal, in the amo unt established by resolution of the city councilC. Any ap plicant or dispensary that files an ap peal as provided by this chapter shall berequired to pay a non-refund able appea l fee in the amou nt established by resolution ofthe city council.D. In addit ion to any other ci ty imposed fees, a d ispensary shall be required to pay theapplicable business operations tax pursua nt to Title 3 of this code, and be s ubject tostate law requirements regarding sales tax.5.150.1 10 Issuance of Dispensary PermitA.he city manage r shall either grant or deny a dispensary pe rmit within 90 days fromthe date the phase two ap plication is comp lete as specified in Section5.150.070(B)(5).Ordinance 2010-037ovember 9, 20100


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B. In granting a permit, the city manage r may impo se conditions on the permit.C. Conditions placed on the medical marijuana dispensary special permit issued underTitle 17 shall be conditions of the dispensary permit. Violations of the special permit'sconditions are grounds for suspend ing or revoking the dispensary perm it. Nothing inthis section shall be construed to limit the authority of the city mana ger to placeadditional conditions upon the dispensary perm it.5.150.120equest for reconsideration.A. If the city manager denies the application for a dispensary permit after the applicationis accepted as complete, written notice of denial shall be served on the applicant. Thenotice shall contain:1. A brief statement of the grounds for the den ial.2 . A stateme nt that the app licant may reque st reconsideration of the denial, in writingto the city mana ger, within ten days of the da te of service of the notice.

3. A statem ent that the failure to request reconsideration of the de nial will constitute awaiver of all rights to a hearing for recon sideration, and the den ial will be final.B. If the applicant properly files a request for reconsideration the city manager shall setthe date of the hearing within 30 days from the date the request is filed. The hearingshall be conducted by the city manager.C.ailure to properly file a written req uest for reconsideration of the notice of den ialwithin ten days o f the date of service of the notice shall constitute a waiver o f all rightsto a hearing, and the city man ager's decision sha ll be final. Failure to properly andtimely file a req uest for reconsideration of the no tice of denial shall also constitute afailure to exhaust adm inistrative remedies an d a bar to any judicial action pertaining tothe city manager's de cision.D .f the applicant files a proper requ est for reconsideration and then fails to appear atthe hearing, the request for reconsideration is aband oned, and the d ecision of the cityman ager is final and ma y not be further appealed. Failure to appear at the hearingconstitutes a waiver of all rights to a hearing an d shall also constitute a failure toexhaust adm inistrative remedies an d a bar to any judicial action pertaining to the citymanager's decision.E .ritten notice of the decision of the city manager sh all be served on the ap plicantwithin ten days following the he aring.F.he decision of the city manag er under this section shall be subject to appeal inaccordance with Section 5.150.170.5.150.130perating requirements.D ispensary operations shall comply with the following:Ordinance 2010-037ovember 9, 20101


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A.riminal History. No person who has been convicted of a felony, or who is currentlyon parole or pro bation for the sale or distribution of a controlled substance, shalloperate the dispensary, or manage or handle the receipts, expenses or medicalmarijuana of the dispensary. A conviction within the meaning of this section means aplea or verdict of guilty or a conviction following a plea of nob contendere.B .uveniles.1. No juv enile shall operate a dispen sary in any capa city, including but not limitedto, as a m anagement m ember, employee, contractor or v olunteer.2. No juv enile shall be allowed on the dispensa ry property unless they are aqualified patient or a primary caregiv er, and they are accom panied by theirparent or legal guardian.C .perating Hours. The maximum hours of operation shall be daily from 7:00 a.m. to9:00 p.m. unless the city manager imposes more restrictive hours as a condition of thepermit.D .ispensary Size and A ccess.1. The d ispensary bu ild ing sha ll no t exceed 8,000 square feet.2. Managem ent memb ers, employees, and volunteers must be registeredmembers of the dispensary.3. A ll entrances into the dispensa ry's building shall be locked from the exterior at

all times with entry controlled by dispensary p ersonnel.4 . Only d ispensary members and persons with bona fide purposes for be ing in thedispensary shall be allowed entry into the dispensary property. Non-membersshall be escorted by a m anagement m ember at all t imes while in the dispensarybuilding.

E .ispensing Operations.1 .dispensary sha ll only distribute to mem bers that are:a. Qua lified patients with a currently valid physician's recom men dation incompliance with the criteria in C alifornia Health and Safety C odesections 11362 .5 et seq., and v alid official identification such a s aD epartme nt of Motor Veh icles driver's license or State IdentificationC ard; orb. Primary caregive rs with a verified primary caregiver designation by theirqualified patients, a copy of their qualified patient's valid phys ician'srecommendation in compliance with the criteria in California Health andSafety C ode sections 113 62.5 et seq., and v alid official identification



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such as a De partment of Motor Vehicles driver's license or StateIdentification Card.2. A dispensary shal l not have a physician on the dispensary property to evaluatepatients or provide a recommendation for medical marijuana.3. Notwithstanding the provisions of C hapter 9.08 of this code to the contrary, upto 150 square fee t of the dispensa ry building may be utilized for display anddistribution of drug paraphernalia necessa ry for administering me dicalmarijuana, including but not limited to, rolling papers and related m aterials anddevices, pipes, water pipes, and vaporizers. Such paraphernalia may only beprovided to mem bers and shall not generate a profit.4. A dispensary sha ll not conduc t or engage in the comm ercial sale of products,goods, or services. The term "com mercial sale" does not include the provisionof marijuana parap hernalia as specified above in sub section 3, or the provisionof services, for mem bers only, that do not generate a profit and are incidental tothe medicinal use of marijuana, such as yoga , meditation, and subs tanceabuse counseling.5. A dispensary shall not provide any form of a delivery service. All distribution ofmed ical marijuana must be cond ucted within the enclosed building areas of thedispensary property.

F. Consumption Restrictions. Marijuana shall not be smoked, ingested orotherwise consum ed in any form on, or within 20 feet of, the dispensaryproperty.

G. Dispensary Sup ply and Distribution1. A dispensary may only possess an amount of medical marijuana consistentwith each member's reasonable med ical needs.2. Except for immature nursery stock mar ijuana plants, no medical mar ijuana shallbe grown or cultivated on the dispensary property.3. A dispensary shal l acquire i ts supply of medical mar ijuana only from i tsmembers.4. A dispensary sha ll not purchase or otherw ise supply itself with medicalmarijuana from non-members.

A dispensary shall operate on a not-for-profit basis. It may credit its membersfor medical ma rijuana they provide to it, which it may then d istribute to othermembers. Members may also reimburse the dispensary for medical marijuanaor marijuana paraphernalia that has been distributed to them. Any monetaryreimbursement that members provide to the dispensary shall not exceed thedispensary's overhead costs and expenses for operating the dispensary,including reasonable compensation for services provided to members.Ordinance 2010-037ovember 9, 20103


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6 .dispensary sha ll not distribute or sell medical marijuana or m arijuanaparaphernalia to non-mem bers or for a profit.7dispensary sha ll comply with the ope rating criteria for the distribution ofmedical marijuana as required pursuant to California Health and Safety Codesections 11362.5 and 1136 2.7 et seq.8 .ispensary operations shall not result in the diversion of marijuana for non-med ical purposes in any man ner that violates local or state law.H. Operating Plans.1. Floor Plan. A dispensary shall have a lobby waiting area at the entrance toreceive persons to verify that they are mem bers of that dispensary or todetermine w hether the person m eets the criteria of a valid qualified patient orprimary caregiver. A dispensary shall also have a separate and secure areadesignated for distributing medical marijuana to its members. The mainentrance shall be located and m aintained clear of barriers, landscaping, andsimilar obstructions so that it is clearly visible from pu blic streets or sidewalks.2. Storage. A dispensary shall have adequate locked storage on the dispensaryproperty, identified and a pproved a s a part of the security plan, for after-hoursstorage of medical marijuana. Medical marijuana shall be stored at thedispensary prope rty in secured room s that are completely enclosed or in a safethat is bolted to the floor.3. Odor Control. A dispensary shall have an air treatment system that prevents

odors gene rated from the storage of marijuana on the dispensa ry property frombeing detected by any reaso nable person of norm al sensitivity outside thedispensary property.4. Secur ity Plans. A dispensary shall comply with a securi ty p lan that is approvedby the city ma nager that includes, but is not limited to, building securityspecifications, lighting, alarms, and a dequa te state licensed secu rity personnelto patrol the dispens ary area in order to preserve the sa fety of persons and toprotect the dispensary from theft.5. Security Cameras. Security surveillance cameras and a video recording

system sha ll be installed to monitor the interior, main en trance, and exteriordispensary are a to discourage loitering, crime, and illegal or nuisance activities.The camera and recording system must be of adequate quality, color rendition,and reso lution to allow the identification of any individual prese nt in thedispensary area.6 . Security Video Retention. Video from the security surveillance cameras shallbe ma intained for a period of not less than 30 days and sha ll be made availableto the city upon request.

O rdinance 2010-037ovember 9, 20104


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7larm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems sha ll be installed and maintained in good wo rking condition.8. Concealed. A dispensary shall not allow or permit medical marijuana to bevisible from the building exterior.9. Em ergency Co ntact. A dispensary shall provide the city manager with thecurrent name and primary and secondary telephone num bers of at least one24-hour on-call managem ent mem ber to address and resolve complaints and torespond to operating problem s or concerns associated with the dispensary.The dispensary shall make good faith efforts to encourage neighborhoodresidents to call this person to so lve operating problem s, if any, before any callsor complaints are made to the city.

I .ignage1 .he following signs in mea surem ents of not less than eight by ten inches shallbe clearly and legibly posted in a conspicuou s location inside the dispensarywhere they w ill be visible to mem bers in the normal cou rse of a transaction,stating:a. "Smoking, ingesting or consuming marijuana on this property or within20 feet of the dispensary is prohibited."b. "Juveni les are prohib ited from entering th is property unless they are aqualified patient or a primary ca regiver and they are in the presen ce oftheir parent or legal guardian."c . "Ne ither the C ity o f Sacramento , County o f Sacramento , nor any othergovernmental agency has tested or inspected any marijuana product forpesticides, or other regulated co ntaminants, distributed at this location."d. "The sale of marijuana and the diversion of marijuana for non-medicalpurposes are violations of state law."

2.igns on the dispensary bu ilding shall not obstruct the entrance or window s ofthe dispensary.J.aintenance of Records.1 .dispensary shall ma intain the following records on the dispen sary property:a. The nam e, address, and telephone num ber(s) of the owner and/orlandlord of the dispensary property.b. The name, address , and te lephone number(s) o f each member andmanagement member who participates in the cultivation of medicalmarijuana for the b enefit of the dispensary.



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c . The name, date o f b ir th , phys ical address , and te lephone number(s) o feach mem ber and manage ment mem ber of the dispensary; the dateeach mem ber and manage ment mem ber joined the dispensary; thenature of each mem ber's and m anagement m ember's participation in thedispensary; and the status of each member and m anagement mem beras a qu alified patient or primary caregiver.d. A copy of each member's and qualified patient's written physicianrecommendation and the designation of a primary caregiver by aqualified patient.e. A written accoun ting of all cash and in-kind contributions,reimbursements, and reasonable compensation provided by themanagem ent members and m embers to the dispensary, and allexpenditures and costs incurred by the dispensary.f. A copy o f the d ispensary's commerc ia l general liab ility insurance po licyand all other insurance p olicies related to the ope ration of thedispensary.g. A copy of the dispensary's m ost recent year's financial stateme nt andtax return.h. An inventory record documenting the dates and amounts of medicalmarijuana received at the dispensary, the daily amounts of medicalmarijuana stored on the dispensary property, and the daily amountsdistributed to memb ers.

Proof of a valid and cu rrent dispensary perm it issued by the city inaccordance with this chapter. Every dispensary shall display at all timesduring business hours the dispensary permit issued pursuant to theprovisions of this chapter in a conspicuo us place so that it may bereadily seen by all persons e ntering the dispensary.2. These re cords shall be maintained by the dispen sary in printed format for aperiod of not less than three years an d shall be produ ced to the city withintwenty-four hours after receipt of the city's reque st.3. Any loss, dam age or destruction of these records shall be reported to the city

manager within 24 hours of the loss, damage or destruction.K. Site Management. The dispensary shall prevent and eliminate conditions in thedispensary area that constitute a nuisance.L. Trash, L itter, Graffiti.

1 .he dispensa ry shall maintain the sidewalks within 20 feet of the dispensaryproperty as w ell as any parking lots under the co ntrol of the dispens ary, free oflitter, debris, and trash.Ordinance 2010-037

ovember 9, 20106


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2 .otwithstanding any provisions of this code to the contrary, the dispensary shallremove all graffiti from the dispensa ry property and parking lots unde r thecontrol of the dispensary within 72 hours of its application.M. Alcoholic Beverages.No dispensary or management member shall cause or permit the sale, distribution, orconsumption of alcoholic beverages on the dispensary property; hold or maintain alicense from the State Division of Alcoholic B everage C ontrol for the sale of alcoholicbeverage s; or operate a business on or adjacent to the dispensary prop erty that sellsalcoholic beverages. No alcoholic beverages shall be allowed or stored on thedispensary property.

N. Indemnification.Every pe rmit issued under this chapter shall contain a condition requiring thedispensary, through its m anagement m embers, to execute an agreement in a formapproved by the city attorney wh ereby the dispensa ry (1) releases the city, and itsagents, officers, elected officials, and employee s from any injuries, dama ges, orliabilities of any k ind that result from any arrest or pro secution of the dispensa ry or itsmanagement members, employees, or members for violation of state or federal laws,and (2 ) defends, indemnifies and holds harm less the city and its agents, officers,elected officials, and em ployees for any claims, dam ages, or injuries brought byadjacent or nearby p roperty owners o r other third parties due to the ope rations at thedispensary, and for any claim s brought by an y of their clients for problems, injuries,dam ages, or liabilities of any kind that m ay arise out of the distribution of medicalmarijuana provided at the dispensary.

5.150.140nspection authority.A. City officials may enter and inspect the dispensary prop erty at any time between thehours of 7:00 a.m. a nd 9:00 p.m . on any day of the week or at any reasonable t ime toensure com pliance and enforcem ent of the provisions of this chapter.B . City officials may inspect and dem and copies of records m aintained by the dispensary,except for private medical records that shall be ma de available to law enforcemen tagencies only pursuant to a properly executed search warrant, subpoena, or courtorder.C. No pe rson shall refuse, impede, obstruct, or interfere with an inspection pursu ant tothis chapter.5.150.150 Term of Permits and Renewals

A. Unless revoke d on an e arlier date, all dispensary pe rmits shall expire one year afterthe date of issuance.B. A dispen sary permit may be ren ewed for add itional periods of one year by filing anOrdinance 20 10-037ovember 9, 2 0107


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application for renewal with the city manager's office. Applications shall be on formsprovided by the city and shall be accompanied by the annual dispensary permitprogram fee, in the amoun t established by resolution of the city council. Theapplication for renewal and the fee shall be filed at least 30 day s, but not more than 6 0days, prior to the expiration of the permit. If a timely renewal application is filed, thedispensary permit's expiration shall be s tayed until the date that notification isprovided by the city mana ger pursuan t to subsection G o f this section.C .pplications for renewal filed less than 30 days p rior to the expiration of thedispensary pe rmit shall not stay the expiration date of the perm it and may be rejectedor denied.D .he C ity Manager shall either approve or deny the renewal of a dispensary permitwithin 90 days from the date the application for renewa l is filed.E. Applications for renewal shall be acted on using the criteria for review in section5.150.080 of this chapter. The city manager may add, remove, or modify permitconditions as a condition of permit renewa l.F .f the city ma nager de nies the application for renewal of a dispen sary perm it, writtennotice of denial shall be served on the applicant. The notice shall contain:1. A brief statement of the grounds for the denial.2. A statement that the dispensary may appeal the denial in accordance withSection 5.150.170.3. A statem ent that the failure to appeal the d enial will constitute a w aiver of allrights to an appeal hearing, and the denial will be final.G.he denial of a renewa l shall cause the dispensary perm it to expire and thedispensary sha ll cease operations within 15 days from the date notice of denial isserved. Continued operations shall be unlawful and subject to the penalties in Section5.150.220.H .f the city manag er approves the app lication for renewal with new o r modifiedconditions the dispensary shall have ten days from the da te the notice of renew al isserved on the dispen sary to file an appea l of the proposed co nditions in accordancewith Section 5.150.170. Failure to properly file a written appeal of the proposed

conditions within ten days of the date of service of the notice of renew al shallconstitute a waiver of all rights to an app eal hearing, and the p roposed c onditions shallbe deemed permanent conditions of the permit. Failure to properly and timely appealthe notice of renewa l with the proposed co nditions shall also constitute a failure toexhaust adm inistrative remedies a nd a ba r to any judicial action pertaining to the citymanager's decision.5.150.160uspension and revocation.A.n addit ion to any other remedy authorized by law, a dispensary permit may beOrdinance 2010-037ovember 9, 20108


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suspended, m odified or revoked.B .f the city manager p roposes to susp end, m odify, or revoke a perm it, written notice ofthe proposed suspens ion, modification or revocation shall be served on thedispensary at least 15 days prior to the date of the prop osed suspension, m odificationor revocation. The n otice shall contain:

1. A brief statem ent of the grounds for such susp ension, m odification, orrevocation.2. A statement that the dispensary m ay appeal the de nial in accordance withSection 5.150.170.3. A statemen t that the failure to appeal the n otice of suspension, m odification o rrevocation will constitute a waiver of all rights to an appeal hearing, and thesuspe nsion, m odification, or revo cation will be final.

C .otwithstanding subsection B above , if any dispensary, manage me nt mem ber, orem ployee of a dispensary is convicted of a felony or is convicted of a m isdemean or formisconduct that is substantially related to the qualifications, functions, or duties of adispensary, the city ma nager m ay imm ediately revoke the dispensary p ermit withoutprior notice. A dispensary may appeal the revocation in accordance with Section5.150.170. A conviction within the meaning of this section means a plea or verdict ofguilty or a conviction following a plea of nob contendere.

D .otwithstanding subdivision B above, if any dispensary or person holding a currentdispensary perm it or acting under the authority of the perm it pursuant to this chapterceases the o peration of a dispensary for 90 consecutive days or longe r, the citymanager may immediately revoke the dispensary permit without prior notice. Adispensary m ay appeal the revocation in accordance with Section 5.150.170.5.150.170enial, suspension, revocation, and non-renewal appeals.A.xcept as otherwise provided in this chapter, any applicant or dispensary aggrieved bythe decision of the city m anager in cond itioning, denying, suspending, revoking, or no trenewing a dispensary perm it, may appeal the decision by fi l ing a w ritten appeal,accomp anied by a non-refundable app eal fee, with the city manager's o ffice within tendays from the date of service of the notice from the city manager. The w ritten appealshall contain:1. A brief statement in o rdinary and con cise language o f the specific action

protested, together with any material facts claimed to support the con tentions ofthe appellant.2. A brief statem ent in ordinary and con cise language of the relief sought, and thereasons w hy it is claimed the protested action shou ld be reversed o r otherwiseset aside.3. The verification (by declaration und er pen alty of pe rjury) of the applicant ordispensary as to the truth of the ma tters stated in the appeal.

B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant toOrdinance 2010-037ovember 9, 20109


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Section 8.04.070 of this code.C .pon rece ipt of any appeal fi led pursuant to this section, the city manage r shall transmitthe appeal to the se cretary of the hearing examiner who shall calendar it for hearing asfollows:

1. If the appeal is received by the city manage r no later than fifteen days prior tothe ne xt regular appeal hearing, it shall be calendared for hearing at saidmeeting.

2. If the appea l is received by the city manager on a date less than fifteen daysprior to the n ext appeal hearing, it shall be calendared for the n ext subsequentappeal hearing.D .ritten notice of the time and place o f the hearing shall be provided at least tencalendar days prior to the date o f the hearing to each appellant by the secretary of thehearing examiner either by causing a copy of such no tice to be delivered to theappellant personally or by m ailing a copy ad dressed to the appellant at the addressshown on the appeal.E. Failure of any person to file a timely appeal in accordance with the provisions of thissection shall constitute an irrevocable wa iver of the right to an ad ministrative h earingand the city manager's decision shall be final.F .nly those m atters or issues specifically raised by the appellant in the appeal n oticeshall be considered in the hearing of the appeal.G .ny con dition, denial, suspension, revocation, or non-renewal o f a dispensary pe rmitshall be stayed during the pend ency of an appeal which is properly and timely fi ledpursuant to this section.5.150.180ppeal hearings.A. At the time set for hearing, th hearing examiner shall proceed to hear the testimonyof the city manager, the appellant, and other compe tent persons, including mem bersof the public, respecting those matters or issues specifically listed by the appellant inthe notice of appeal.B. The proce edings at the h earing shall be electronically recorded. Either party mayprovide a certified shorthand repo rter to m aintain a reco rd of the procee dings at theparty's own expense.C . The he aring examiner may, upon request of the appellant or upon request of the citymanage r, grant continuances from time to time for good cause shown , or upon his orher own motion.D . In any proceedings unde r this chapter, the hearing examiner has the po wer toadminister oaths and affirmations and to certify to official acts.5.150.190onduct of hearing.A.earings need n ot be conduc ted according to the technical rules relating to evidenceOrdinance 2010-037ovembe r 9, 20100


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and witnesses. Go vernm ent Code sec tion 11513, subdivision (a), (b) and (c) shallapply to hearings under this chapter.B .ral evidence shall be taken only upon oa th or affirmation.C.rrelevant and unduly repetitious evidence shall be excluded.D .ach party shall have these rights, among others:1. To call and exam ine witnesses on any m atter relevant to the issues of thehearing.2. To introduce documentary and phy sical evidence.3. To cross-examine opposing witnesses on any matter relevant to the issues ofthe hearing.

4. To impeach any witness regardless of which par ty fi rs t called the witness totestify.5. To rebut the evidence presented ag ainst the party.6. To represent h imself , herself , or itself or to be represented by anyone of h is ,her, or its choice who is lawfully permitted to do so.

E.n reaching a decision, official notice may b e taken, either before or after subm issionof the case for d ecision, of any fact that ma y be judicially noticed by the courts of thisstate or that may app ear in any of the official records of the city or any o f itsdepartments.5.150.200orm and contents of decision.A. If it is shown, by a prep onderan ce of the evidence, that one or more groun ds exist tocondition, deny, suspend, revoke , or not renew a disp ensary pe rmit, the hearingexam iner shall affirm the city ma nager's de cision. The decision of the hearingexam iner shall be in writing an d shall contain findings of fact and a determ ination ofthe issues presented.B . The de cision shall inform the ap pellant that the decision is a final decision and that the

time for judicial review is governed by C alifornia Code of Civil Procedure Section1094 .6. Copies of the decision shall be delivered to the parties person ally or sent bycertified ma il to the address show n on the appe al. The decision shall be final whensigned by the hearing examiner and served as provided in this section.5.150.210 Relocation or permit transfer prohibited.A.dispensary sh all not relocate or operate a dispensary a t any place other than theaddress of the dispensa ry property or the physical location for which the originaldispensary permit was granted.Ordinance 2010-037ovember 9, 20101


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B. A dispensary shall not transfer ownership or management control of a dispensary ortransfer a dispensary permit to another person.C. A dispensary permit is not property and shall have no value. Any attempt to transfer adispensary p ermit or relocate a dispensary, directly or indirectly in violation of theprovisions of this chapter shall be unlawful and void, and shall autom atically revoke

the permit.5.150.220iolations.A. In addition to any other remedy allowed by law, any person who violates a provision ofthis chapter is subject to crim inal sanctions, civil actions, and adm inistrative pen altiespursuant to chapter 1.28.B. Violations of this chapter are hereby declared to be public nuisances.C. Any p erson w ho violates a provision of this chapter is liable for civil penalties of not

less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars($25,000 .00) for each day the violation continues.In addition to criminal sanctions, civil penalties as provided in this section, and othe rremedies set forth in this code, administrative penalties may be imposed pursuant tochapter 1.28 against any person violating any provision of this chapter. Imposition,enforcement, collection and administrative review of administrative penalties imposedshall be conducted pursuant to chapter 1.28.

5.150.230emedies cumulative.All remedies prescribed under this chapter shall be cumulative and the election of oneor more remedies shall not bar the city from the pursuit of any other remedy for thepurpose of en forcing the provisions hereof.

5.150.240everability.If any section, subsection, subdivision, paragraph , sentence, clause, or phra se in thischapter or any p art thereof is for any reason he ld to be uncons titutional or invalid orineffective by any court of com petent jurisdiction, that decision shall not affect thevalidity or effectiveness of the rem aining portions of this chapter or any part thereo f.The City Council hereby declares that it would have passed each section, subsection,subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the factthat any one or more subsections, subdivisions, paragraphs, sentences, clauses, orphrases be declared unconstitutional, invalid, or ineffective.

Section 2, Operative Date.This ordinance shall take effect 60 days after adoption.

Section 3, Repeal of Ordinances Nos. 2009-033 and 2009-041.Ordinance 2010-037ovember 9, 20102


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Ordinance No. 2009 -033 and O rdinance No. 2009-041 are repealed on the effectivedate of this ordinance.Adop ted by the City of Sacram ento City Council on Novem ber 9, 2010 by the following vote:Ayes:ouncilmem bers Cohn, Fong, Ham mond, McC arty, Sheedy, Waters.Noes:one.Abstain:one.Absent:ouncilmem bers Pannell, Tretheway, and M ayor Johnson.abbe W aters, Vice-MayorAttest:Passed for Publication: October, 26, 2010Published: October 29, 2010Effective: January 7, 201 1

Ordinance 2010-037

ovember 9, 20103


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ORDINANC E NO. 2010-038Adopted by the Sacram ento City Council

November 9, 2010AN ORDINANCE AMENDING SECTIONS 17.16.010,17.24.030, 17.24.050, 17.108.020, AND 17.108.030 OF TITLE17 OF THE SACRAMENTO CITY CODE (THE ZONING CODE)RELATING TO MEDICAL MAR IJUANA DISPENSARIES (M1 0-

015)BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAM ENTO:Section 1. Section 17.16.010 of Title 17 of the Sacramento City Code (the Zoning Code) isamended as follows:A. The following definitions are added to Section 17.16.010 to read as follows:

"Medical ma rijuana dispe nsary" mea ns a facility as defined in Chapter 5.150.B. Except as am ended in subsection A, above, Section 17.16.010 remains unchanged andin full force and effect.Section 2. Section 17.24.030 Commercial Land Use Chart of Title 17 of the Sacramento CityCode (the Zoning Code) is amended as follows:A. A matrix for "medical marijuana dispensary" is added to Table 17.24.030 A to read asfollows:UsesAllowed

RE R-1 R-1A R-1B R-2 R-2A R-2B R-3 R-3A R-4 R-4A R-5 RMX RO O BMedicalmarijuanadispensary*

B. A matrix for "medical marijuana dispensary" is added to Table 17.24.030 B to read asfollows:Uses EC HC SC C- C- C- C- M- M- M- M- MIP MR D H SP X TC A AOS F ARAllowed 1 2 3 4 1 1(S) 2 2(S) P -F

Medicalmarijuanadispensary*85 85 85 20/85 85 20/85

C. Except as specifically amended to add a matrix for "medical marijuana dispensary,"Section 17.24.030 and Tables 17.24.030 A and 17.24.030 B remain unchanged and infull force and effect.



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Section 3. Section 17.24.050 of Title 17 of the Sacramento City Code (the Zoning Code) isamend ed as follows:A.ootnote 85 is added to Section 17.24.050 to read as fol lows:85.edical Marijuana Dispensary.

a. Definitions.A s used in this Footnote 85:

"Church/faith congregation" mea ns a structure or p lace that is used p rimarily forreligious w orship and related religious activities."Park" means all publicly owned and operated parks that are used, operated ormaintained for recreational purpose s."Substance abuse rehabil itation center" me ans a ny facil ity that provides care forpersons who have a dependency on alcohol or controlled substances, or bothalcohol and controlled substances. T his care sha ll include, but not be l imited to,the following basic services: medication, patient counseling, group therapy,physical conditioning, family therapy, and dietetic services. This definition doesnot include an y hosp ital, city or coun ty jail, or state prison."Youth-oriented facility" means any establishment that advertises in a manner thatidentifies the establishment as catering to or providing services primarily intendedfor minors, or the individuals who regularly patronize, congregate or assemble atthe establishmen t are predom inantly m inors.

b. Medical Marijuana Dispensary Permit Required. A medical marijuanadispensary m ust obtain and ma intain at al l times a va lid m edical marijuanadispensary permit as required by Cha pter 5.150.c. Special Permit Required.

Except as provided in subsection (c)(ii), below, a planning commissionspecial permit is required to establish or operate a m edical marijuanadispensary in this zone.A zoning adm inistrator's special perm it is required to establish or ope ratea m edical marijuana dispensary located in the C-4, M-1, M-1(S), M-2,and M -2(S) zones if al l of the location requirements set forth below aresatisfied.

d. Location and Permit Requirements.xcept as provided in subsection (m),below, the fol lowing location requirem ents apply to a l l medical m arijuanadispensaries and m ay not be waived or m odified by special permit or variance:No m edical marijuana dispensary sh all be established or located withinOrdinance 2010-038ovem ber 9, 2010


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1,000 feet, measured from the neare st property lines of each o f theaffected parcels, of any other med ical marijuana dispensary.No m edical marijuana dispensa ry shall be established or located within300 feet, meas ured from the ne arest property lines of each of theaffected parcels, of any existing residential zone or residential use.No m edical marijuana dispensa ry shall be established or located within600 feet, measu red from the ne arest property lines of each of theaffected parcels, of any park, schoo l (public or private K-12), child carecenter, child care-family day care home (large or sma ll), youth-orientedfacility, church/faith congregation, substance abuse center, movietheater/cinema, o r tobacco store.

e. Relevant Date for Determining Compliance with Location Requirements. Onlythose uses established a nd in operation as of the date that the application fora medical marijuana dispensary special permit is determined or deemed to becom plete shall be considered for purposes of determining whe ther the locationrequirements are met.f. The zoning administrator or planning com mission may address developmentand opera tional standards through co nditions on the special permit as itdetermines to be nece ssary or appropriate for the me dical marijuanadispensary spe cial permit under consideration; provided, that conditions shallnot conflict with the provisions of C hapter 5.150 relating to ope ratingrequirements of medical marijuana dispensaries and shall be subordinate toconditions placed on the medical marijuana program permit issued underChapter 5.150.g. Parking. Off-street parking shall be provided as required for retail stores underSection 17.64.020.h. The ap plication for a special permit for a med ical marijuana dispensary shallinclude a floor plan, site plan, neighborho od context m ap, and a sec urity andlighting plan.i. Findings. In granting a special permit for a medical marijuana dispensary, andin addition to the findings required by C hapter 17.212, the planning com missionor zoning administrator shall find the following:

The m edical marijuana dispensary has not generated an excessivenum ber of calls for police service com pared to similarly situatedbusinesses of the same size as the dispensary.The m edical marijuana dispensary has not caused secondary criminal orpublic nuisance impacts in the surrounding area or neighborhood,including, but not limited to, disturbances of the peace , illegal drugactivity, marijuana u se in public, harassm ent of passersby, littering,loitering, illegal parking, loud noises, or lewd conduct.



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iii.he propose d location, size, and other developmen t standards of themedical marijuana dispensary are consistent with state law and thiscode.Discontinuance. Notwithstanding the provisions of Section 17.212.100(G), aspecial permit for a m edical marijuana dispensary, the exercise of which isvoluntarily or involuntarily interrupted for a period in exces s of one year, shallbe deemed automa tically revoked.k.re-Existing Medical Marijuana Dispensaries Not Non-Conforming. No medicalmarijuan a dispensa ry operating or purporting to operate prior to the effectivedate of the ordinance that added this Footnote 85 to Section 17. 24.05 0 shall bedeemed to have been a legally established use under the provisions of thiscode, nor shall the operation of such dispensary be deemed a legalnonconforming use und er this Title 17.

Addit ional Grounds for Revocation of Medical Marijuana Dispensary SpecialPermit. In addition to the circumstances stated in Section 17.212.080 forrevocation of a special permit, a special permit for a medical marijuanadispensary may b e revoked on the following ground s:i. The medical marijuana dispensary is operated in a manner that violates anyof the provisions of state law or this code; orii. The medical marijuana dispensary does not have a valid medical marijuanadispensary permit as required by Chapter 5.150.

m.egistered Medical Marijuana Dispensaries.i. Definitions. For purposes of this subsection (m),(A) "Registered medical marijuana dispensary" means a medical marijuanadispensary:(1 ) that was properly registered with the city manager pursuant to OrdinanceNo. 2009-033; and(2 ) that is operating and has operated con tinuously at the location for which aspecial perm it is requested since at least October 26, 2010; and(3 ) that is organized and op erates as a cooperative or a collective within themeanin g of Chapter 5.150; and(4 ) the location of which does not meet.the location requirements stated insubsection (d), above; and(5 ) the owner and operator of which has not been cited or convicted of



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maintaining a pu blic nuisance or of a pub lic safety violation of state or locallaw relating to the operation of a me dical marijuana dispensa ry by the city orother governmental law enforcement agency.(B) "M edical marijuana dispensary registration" or "registration" means a m edicalmarijuana dispensary's registration with the city manager pursuant toOrdinance No. 2009-033.

ii. Limitations and Requirements for Registered Medical MarijuanaDispens ary Special Perm its. If a special perm it is requested and ap provedfor a registered medical marijuana dispensary under this subsection (m),the following limitations and requireme nts shall apply to the special permit,and these limitations and requireme nts shall control over any otherprovisions of this title that may conflict:(A ) A planning com mission special perm it shall be required for a registeredmedical ma rijuana dispensary un der this subsection (m ).(B ) The applicant for the special permit must be the same owner(s) orprincipal(s) named on the medical marijuana dispensary's registration asof July 27, 2010, and mu st be a man aging mem ber of the registeredmedical marijuana dispensary. The application must be for the registereddispensary's location established as of October 26, 2010.(C ) The location requirem ents stated in subsection (d), above, shall not apply.(D) The special permit shal l be deemed automatical ly revoked if the medicalma rijuana dispensary cease s operation at any time, voluntarily or

involuntarily, for 30 consecutive days.(E ) The special permit shall be deemed automatically revoked if the medicalmarijuana dispensary fails to obtain a medical marijuana dispensarypermit under Chapter 5.150 and comm ence operation within 90 days ofthe date of approval of the special perm it.(F ) The special permit shall be deemed automatically revoked upon transferof ownership or m anagement control of the dispensary to another person.(G) The special permit shal l be deemed automatically revoked upon

revocation of the medical marijuana dispensary permit issued underChapter 5.150.(H ) A special permit modification may not be approved to allow an expansionof the registered m edical marijuana dispensary.

B.xcept as specifically amended to add Footnote 85, Section 17.24.050 remainsunchanged and in full force and effect.Section 4. Section 17.108.020 of Tit le 17 of the Sacramento City Code (the Zoning Code) isOrdinance 2010-038ovember 9, 2010


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amen ded as follows:A.ubsection A of Section 17.108.020 is amen ded to read as fol lows:A. Prohibited Uses. In addition to other uses prohibited in the underlying zone, thefol lowing addit ional uses are prohibited for properties w ith C-2 zoning in the D elPaso Boulevard SPD:1. A dult entertainmen t business;2. A dult related e stablishmen t;3. A strology and related practices;4 . T atto o a nd /o r b od y pie rcin g p arlo rs ;5. Used appliance sales;6. A uto sales (new and used), storage;7. RV/mobilehome sales yard;8. RV storage;9. RV repair;10. Mini-storage/surface storage;11. Used tire storage and sales;12. Check cashing center;13. Money lender;14. Mortuary;15. Card room;16. Bingo activities licensed under Chapter 5.24 of this code;17. Retail tobacco store;18. Laundromat;19. Med ical marijuana dispensary.B.xcept as specifically am ended b y the amen dm ent to subsection A , Section17.108.020 remains unchanged and in full force and e ffect.Section 5. Section 17.108.030 of Title 17 of the Sacramento City Code (the Zoning Code) isamended as follows:A .ubsection A of Section 17.108.030 is ame nded to read as fol lows:A. Prohibited Uses. In addition to other uses prohibited in the underlying zone, thefol lowing addit ional uses are prohibited for properties with M -1 zoning in the DelPaso Boulevard SPD:1. A dult entertainment business;2. A dult related establishme nt;3. A strology and related practices;4. Tattoo and/or body piercing parlors;5. Used appliance sales;6. A uto sales (new an d used), storage;7. RV/mobilehome sales yard;8. RV storage;9. RV repair;10. Recycling facilities;11. A uto dismantler;Ordinance 2010-038ovem ber 9, 2010


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12. Used tire storage and sales;13. Check cashing center;14. Money lender;15. Pawn shop;16. Mortuary;17. Card room;18. Bingo activities l icensed u nder C hapter 5.24 of this code;19. Retail tobacco stores;20. Laundromat;21. M edical m ari juana dispensary.B.xcept as specif ical ly am ended by the am endm ent to subsection A, Section17.108.030 remains u nchanged and in ful l force and e ffect.Section 6. Effective Date.This Ordinance shall take effect 60 days after adoption.Section 7. Seve rability.I f any section, subsection, subdivision, paragraph, sentence, clause , or phrase in thisOrdinance or an y pa rt thereof is for any reason held to be u nconstitutional or invalid orineffective by a ny co urt of com petent jurisdiction, that decision shall not affect the validity oreffectiveness of the rem aining portions of this Ordinance or any part thereof. The CityCou ncil hereby d eclares that it w ould have p assed each sec tion, subsection, subdivision,paragrap h, sentence, clause, or phrase thereof irrespective of the fact that any one or m oresections, subsections, subdivisions, paragrap hs, sentences, clauses, or phrases be declaredun constitutional, invalid, or ineffective.

Ordinance 2010-038ovem ber 9, 2010


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Waters, Vice-Mayor

Adopted by the City of Sacram ento City Council on Novembe r 9, 2010 by the following vote:Ayes:ouncilmembers Cohn, Fong, Hammond, McCarty, Sheedy, Waters.Noes:one.Abstain:one.Absent:ouncilmembers Pannell, Tretheway and Mayor Johnson.Attest:Shirley C colino, City ClerkPassed for Publication: October 26, 2010Published: October 29, 2010Effective: January 7, 2011

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