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CORRESPONDENCE - 55D
July 1, 2014 City Council Meeting Correspondence Letters regarding item 55D. SUBMISSION TO THE VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: CITY OF SANTA ANA MEDICAL MARIJUANA REGULATION AND LIMITATION INITIATIVE - Planning and Building Agency * Continued from the June 17, 2014 City Council Meeting by a vote 7 -0. 1.l gendmLbhibRS- Comspondenm- 2.eoc Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, July 01, 2014 4:01 PM To: Mitre - Ramirez, Norma Subject: FW: Marijuana Dispensaries From: Amezcualglsrvcs [ mailto :amezcualglsrvcs(alaol.com] Sent: Tuesday, July 01, 2014 2:23 PM To: Tinajero, Sal Cc: Benavides, David; Martinez, Michele; Sarmiento, Vince; Amezcua, Angelica; Reyna, Roman; dcabazosCalsanta- ana.orq; Carvalho, Sonia R.; Huizar, Maria Subject: Marijuana Dispensaries Dear Friends and Public Servants: Today the Santa Ana City Council will be voting on a proposed ballot initiative to regulate Medical Marijuana outlets ... Our City Council's position should be to vote not only against the proposed ballot initiative, but, there should be a way to "CLOSE" all marijuana dispensaries from now on. Friends, we do not need to be known as the "Marijuana City ", and we have to do everything that we can to protect our community, our students, our youth and our future children. Keep in mind that folks from other parts of the County, or Southern California will be coming into our city possibly seeking marijuana, but with the intent to have access to other controlled substances. We must not be attracted to this movement only because our city could generate a small amount of sales taxes. We can generate taxes from other honorable and legitimate sources. As I and others have spoken to many members of our community, these folks feel that Medical Marijuana should be handled by local hospitals only... We do not need storefronts! Friends, the rumor has it that campaign contributions are already being made by these so- called Marijuana Cooperatives and I personally hope that this rumor is not true. Please consider our position and not only vote "NO" on the proposed ballot initiative, but take steps to set up the current Medical Marijuana outlets with our local hospitals. Thank you for taking into consideration these comments and recommendations. Alfredo Amezcua Attorney at Law Law Offices of Alfredo Amezcua & Associates 1319 N. Broadway, Santa Ana, CA 92706 Of c.: (714) 835 -3538 - Fax: (714) 835 -0906 e -mail: amezcualglsrvcs @aol.com Mitre - Ramirez, Norma From: Magallon, Becky Sent: Tuesday, July 01, 2014 1:20 PM To: Huizar, Maria Subject: FW: Marijuana Dispenseries Maria, Forwarding another email regarding marijuana dispensaries Becky From: Ken May [ Sent: Tuesday, July 01, 2014 12:19 PM To: Pulido, Miguel; Tinajero, Sal; Sarmiento, Vince; Martinez, Michele; Benavides, David; Reyna, Roman Subject: Marijuana Dispenseries Dear City Officials, I just wanted to reach out to each of you to express my concern and ideas for the upcoming ballot measure regarding Medical Marijuana dispensaries that will be up for vote at the Santa Ana City Council meeting tonight 7/1/14. 1 understand and can respect the medical aspect of medical marijuana and think that it is important to have a controlled and taxable way to distribute to those with medical conditions. I am concerned that there is too much focus so far on how many licensed facilities will be allowed in the city and not enough details on exactly where they can be located. I am most concerned with them being located near schools (my children go to El Sol Academy on Broadway where an illegal dispensary very close to the school), parks and residential or mixed residential /commercial zones. There needs to be specific and exact language in the ballot measure that states a physical distance minimum (1/2 mile etc.) from schools, parks, homes and the like. I also think that the sales tax should be high enough to actually bring some money into the city treasury and this money should be used primarily or exclusively for code enforcement of unlicensed dispensaries, police support, and drug treatment and anti -drug use education. The tax though should not be so high that customers are discouraged to use the official dispensaries and go to the illegal ones or street dealers. There also should be strict rules on the signage and advertising style for any official dispensaries as the illegal ones that exist now use street -style artistic airbrush typography that is more cool or hip in nature than informative or medical. The dispensary on 17th street between Baker and Westwood is an example of this. This seems to send a message that marijuana is cool and hip not that it will help medically relieve your glaucoma or cancer treatment symptoms. When I go to the pharmacy to get a prescription I don't need to feel hip or cool but just want to relieve my symptoms /illness and the same approach should apply here. In fact, why are pharmacies not able or permitted to dispense medical marijuana instead of these separate dispensaries? Thank you for your time and consideration of my concerns and ideas. Ken May Santa Ana Resident/Parent/Voter Mitre - Ramirez, Norma From: Magallon, Becky Sent: Tuesday, July 01, 2014 1:19 PM To: Huizar, Maria Subject: FW: Please block marijuana dispensaries. Why aren't these prescriptions filled at pharmacies like other drugs /medicines ? ?? Importance: High Maria, I'm forwarding an email regarding marijuana dispensaries. Becky From: Dietz, James [ Sent: Tuesday, July 01, 2014 11:20 AM To: Pulido, Miguel; Tinajero, Sal; Sarmiento, Vince; Martinez, Michele; 'aamexcua @santa - ana.org'; Benavides, David; Reyna, Roman Subject: Please block marijuana dispensaries. Why aren't these prescriptions filled at pharmacies like other drugs /medicines ? ?? Importance: High Dear Respected Officials, I would like to join those who ask that the City of Santa Ana not permit "medical marijuana dispensaries." There is one in our neighborhood (West Floral Park) on the same street as Santiago Elementary. Is this desirable? There is one very close to El Sol, on Broadway, the school attended by our daughter. Is this desirable? I don't understand why marijuana has a special status among prescription drugs. Why are they not dispensed at pharmacies like other prescription medicines /drugs? Thank you for your attention to this matter. Respectfully, James and Lorena Dietz 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: ,,5 Ail tq: 49 L There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and /or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, j, 1�/0 Cf6 o � C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2GIII ,1117 Pri t;: e 9 I pt HA There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, Lx"� v C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2RIP. IMIN 17 PHI 111: 39 lT _,- _•. t ij, I.t 11 ,; A 1L There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio - economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary— (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Re tfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2010 JUN 17 PH 4: 39 There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary— (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: i ar There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary— (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2QI9 JIUN 17 P 3 �1: q fIT -a -3 r IA , There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy maker's, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, �C��' , � L•GC�L�/lCCGc� 7-11V C -G7z h l C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council ire I2av>�� vto its I t l Cer ovtY tiYvelcc > /�r 'c��cti (Zrd r lt!% czwa�, _7b m V q �b 'r k llza0z lr-uul L� rhyt 7A.ese (,eArds I I 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: t II Ir There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and /or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, 7 �6u�r% Ljcv�1G <lo J IA't h /,)�- C41 C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 79111 JUN 17 Fig L;: 39 There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio - economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectful Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 201 JIU,111, 117 Pri 4: 39 C I' hji C1 s '. There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio - economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary- (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, aa,� &,, 4-�, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza 201U AIN 17 P'r'i q: 1-9 P.O. Box 1988, M31 Santa Ana, CA 92701 CL is Dear City Council Member:�/Yit7 There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2019 1111T1 17 Psi it: ?8 is There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Res ectfully, Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 101'1 UN 17 RI 4-- 38 CIT y There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, �L i " Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 7014 JUN 17 PPS 4 38 :N There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary— (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, v' C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2M!'"!7 Pli 4: 8 There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal" marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: ZDIy .1!`P1 17 PF1 4: 38 A UIL There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, g,4, CIVYAk Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2° " "'' 17 P11' 4: 718 CI There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and integrity to do so. Respectfully, C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2014 JUN 17 Pi 4: 38 CIT f There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and iyfegrity to do so. Respec y, o I /lll C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council 06/10/2014 Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Dear City Council Member: 2014 AN 17 PH 4: 38 CLEF There has been an alarming influx of Marijuana Dispensaries in our Orange County neighborhoods. Santa Ana alone has an estimated 400 dispensaries. As the largest city of Orange County, this is completely unacceptable, and utterly appalling. It has become clear that you, our local and state policy makers, have a complete disregard for the well- being of our communities. By allowing, and continuing to allow, these establishments in our communities, you are considered proponents for these socio- economic pariahs. The following are just examples of drug dispensaries that are within 10 feet of residencies; where respectable citizens and their children live and go to school: Marijuana Dispensary (Santa Ana Council Ward 2) 2115 South Bristol Street Santa Ana, CA 92704 Marijuana Dispensary — (Santa Ana Council Ward 4) 2911 South Bristol Avenue Santa Ana, CA 92704 We, the citizens of Orange County, demand that the initiative be taken to effectively regulate and/or remove these so called "medicinal' marijuana dispensaries from our communities; or please make way for someone with stronger values and Respectfully, /© %C/ C.C. Tom Daly District 69 State Assemblyman Santa Ana Community Preservation Division Miguel Pulido, Santa Ana Mayor Santa Ana Ward 2 and 4 City Council MATTHEW S. PAPPAS E -MAIL: OFFICE @MATTPMPASLAW.COM BAND- DELIVERED Hon. Manuel Pulido, Mayor City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 ATTORNEY;n �-� -- r't 2:40 22762 ASPAN ST, #202 -107. _- LAKE FoREST,CA 92630 `- June 30, 2014 Re: June 30, 2014 City Council Meeting Agenda Item — [PROPOSED] City Medical Marijuana Initiative Dear Mayor Pulido: (949) 382 -1485 swmE: (949) 242 -2605 I ask that this letter be included in the records of the aforementioned City Council meeting after being marked and numbered as an exhibit. My office represents several seriously ill and/or disabled individuals who are members of medical marijuana collectives located in Santa Ana, California. On June 17, I wrote to you and Council members regarding infirmities in the draft language proposed for a City-based medical marijuana ballot measure discussed by the Council during the meeting held that date. I included exhibits with that letter including highlights of areas in the proposed measure that were clearly defective. I am including with this letter: 1) a copy of an Editorial written by the editorial staff of the Orange County Register newspaper, and 2) a copy of the Advocates for the Disabled and Seriously Ill Model Medical Marijuana Ordinance. I wrote the model ordinance and have vetted it to ensure it is free from issues with federal preemption, compelled incrimination and discrimination. Moreover, the model ordinance balances the needs of the seriously ill and disabled with the important health, safety and welfare responsibilities of the City. You'll note the part in the editorial in the Register that provides, "Instead, the Council should remove the arbitrary cap and allow dispensary locations within reasonable boundaries, like far from schools and parks, throughout the City." The article is referring to the arbitrary 12- dispensary cap included in your draft. In my letter on the 17a`, I explained that such arbitrary caps violate the California Disabled Persons Act. While there Mayor Manuel Pulido June 30, 2014 Page Two should be regulations and controls on medical marijuana dispensaries, just as there are for pharmacies and medical clinics, the controls must be within the law and must not be discriminatory. Medical marijuana is puly for patients in California, Mayor Pulido. It is important, as the Register article expresses, that the medication be available for those patients. It is even more important that you not simply put law enforcement on the pedestal it has occupied since the 9/11/2001 incident took place. Law enforcement is capable of and does make errors. Police officers are not gods simply because they are engaged in the law enforcement process. This weekend, Kyle Keegan of the Orange County Register reported that many city police departments have failed to report police shootings. The police are fallible and indeed do make errors — some officers are even bad people, Mayor. One of the mistakes they have made is to discriminate against medical marijuana patients by continuing to promulgate false information about dispensaries. As the Register editorial accurately references, the UCLA study it discusses makes clear crime does not increase around marijuana collectives. In fact, crime decreases. The model ordinance I have included is something you can draw from and use to create legislation that is fair and balanced. It is a way to ensure you are addressing the needs of the patients as well as the responsibilities you have as leaders in Santa Ana. Very truly yours, qct Matthew S. Pappas MSP.jm Encl. sa i OEM , �4 r - r 7 ? — S .lD m v � y Fn •� m t` y t � ✓ . 6. n pa Cyw�nO �m O,G Sae. QC�in 0�25>v SipO A o3c.�'nm MKo? j O a'r'�7Y S•{�'Am� '3 c 3 t c r� i`c_�.� a . m � ma? m m O°- •��• CDTr 3. =•sp o o m .may cd ° sE �Ga'+ _+ter aN m_, �. Ito -0 z o a �S2�^, � tOL:R- �•�.2•�wti'�4= ,`�cR���m m C o40�:R� � < f m q, s e•o maR av2 0 2 0' 'O m •� O b b •O ,'� m N O b m 67e o g o ..m' _ m° o L�r =3 s� n Q. a 2 �. 2 ^. O •. Pro co C mm p m gO: C :i fn a v' "� <�i . �a ^ da m -,�2mn aw 0' Qi`. aY.Cao�g C mya wa d3. mm �9 i ac °coKC a sFTn fn ?.Tgo � ,n pa�,g ,�2 m ��i�ar� b a, `4• ��— p 0 O FL 7•a'C L r _ R) g',•a R7'�'G nE CD GO �L o'Lm_J cmcE- a p� Y eT� CD c 2 L m 2 . 2 m r, a. m R n o .a, c 5 p •- - a a K g �o ro a m a '? a a: c m g as " s c w CL g � � '' m �•�' o, � x 5•B � y e �;v o 7 �. �' �, = � �Fy 5 � t'T. 'm" °n 'fl d � c n t d a. •- '� rVI v �1 D 70 Ir =C i r a' S 'mr' W .m. ••e �•}R. ^ni L CC eg�� •"_F-. �. g -P� ° -ILI m m Y a'. -p 00 �� m a � A O A S "� C. n• C•y � m ca r 9.4 m m O F L n m n; n a Y C T Off' m n ��] • O •+ 7• a ye• m y A p ryry ge tt� / 7 3 C: e., k m i O U '- ? 7. .'7. o OEM r 7 ? — S .lD m 12 �• 1�► c'F ONUMA OEM 0 MONO Y n pa Cyw�nO �m O,G Sae. QC�in 0�25>v SipO A o3c.�'nm MKo? j O a'r'�7Y S•{�'Am� '3 c 3 t c r� i`c_�.� a . m � ma? m m O°- •��• CDTr 3. =•sp o o m .may cd ° sE �Ga'+ _+ter aN m_, �. Ito -0 z o a �S2�^, � tOL:R- �•�.2•�wti'�4= ,`�cR���m m C o40�:R� � < f m q, s e•o maR av2 0 2 0' 'O m •� O b b •O ,'� m N O b m 67e o g o ..m' _ m° o L�r =3 s� n Q. a 2 �. 2 ^. O •. Pro co C mm p m gO: C :i fn a v' "� <�i . �a ^ da m -,�2mn aw 0' Qi`. aY.Cao�g C mya wa d3. mm �9 i ac °coKC a sFTn fn ?.Tgo � ,n pa�,g ,�2 m ��i�ar� b a, `4• ��— p 0 O FL 7•a'C L r _ R) g',•a R7'�'G nE CD GO �L o'Lm_J cmcE- a p� Y eT� CD c 2 L m 2 . 2 m r, a. m R n o .a, c 5 p •- - a a K g �o ro a m a '? a a: c m g as " s c w CL g � � '' m �•�' o, � x 5•B � y e �;v o 7 �. �' �, = � �Fy 5 � t'T. 'm" °n 'fl d � c n t d a. •- '� rVI v �1 D 70 Ir =C i r a' S 'mr' W .m. ••e �•}R. ^ni L CC eg�� •"_F-. �. g -P� ° -ILI m m Y a'. -p 00 �� m a � A O A S "� C. n• C•y � m ca r 9.4 m m O F L n m n; n a Y C T Off' m n ��] • O •+ 7• a ye• m y A p ryry ge tt� / 7 3 C: e., k m i O U 0 W J m yQj J J_ W t 0 J I N j =s �o O W'� N N � Wpz <2J° VI 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMENDING THE MUNICIPAL CODE BY ADDING CHAPTER _ TO ESTABLISH RESTRICTIONS AND PROHIBITIONS ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA COLLECTIVES. WHEREAS, California voters approved the Compassionate Use Act ( "CUA ") in 1996 to exempt seriously ill patients and their primary caregivers from criminal liability for possession and cultivation of marijuana for medical purposes; and WHEREAS, the Medical Marijuana Program Act of 2003 ( "MMPA ") provides for the association of primary caregivers and qualified patients to cultivate marijuana for specified medical purposes and also authorizes local governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, there have been recent reports from City personnel and the media of increasing numbers of medical marijuana dispensaries operating making the regulation of such operations an important health, safety, and welfare responsibility of the City; and WHEREAS, medical marijuana that has not been collectively or personally grown may constitute a unique health hazard to the public because, unlike all other ingestibles, marijuana is not regulated, inspected, or analyzed for contamination by state or federal government and may contain harmful chemicals that could further endanger the health of persons already seriously ill; and 1 04202014- aev.v30 0 W J m NJ J Z W J °2s W N N � W p z Q Z J �a 0 a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of has a compelling interest in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which medical marijuana collectives operate, and in ensuring non - discriminatory, compassionate access to medical marijuana for its seriously ill and disabled residents; NOW, THEREFORE, the City Council of the City of ordains as follows: SECTION 1. Chapter _. is added to the Municipal I Code to read as follows: Chapter . MEDICAL MARIJUANA COLLECTIVES 010 Purpose and intent. It is the purpose and intent of this Chapter to restrict and set forth prohibited activities related to the collective cultivation of medical marijuana in order to ensure the health, safety and welfare of the residents of the City of The restrictions and prohibitions in this Chapter, in compliance with the State Compassionate Use Act and the State Medical Marijuana Program Act ( "State Law "), do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of Medical Marijuana by specifically defined classifications of persons, as authorized under State Law. Medical marijuana collectives shall comply with all provisions of the City Municipal Code (" MC "), State Law, and all other applicable local and state laws. Nothing in this Chapter permits activities that are illegal under federal, state, or local law. 2 04202014- REVV30 0 W J m NJ J_ W} s J ~�V mOi LLW� N N � 0 Q Z J W< O 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For purposes of this Code and City zoning, a Medical Marijuana Collective, as defined in this Chapter and that is in conformance with the restrictions, prohibitions, and limitations of this Chapter, is not a prohibited use. .020 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases as used in this Chapter: A. "Attending Physician" shall have the same definition as given such term in California Health and Safety Code Section 11362.7, as may be amended, and which defines "Attending Physician" as an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate. B. "Chief of Police" as used in this Chapter is defined to mean the Chief of the Police Department or her /his designee. C. "Concentrated Cannabis" shall have the same definition as given such 11 term in California Health and Safety Code Section 11006.5, as may be amended, and which defines "Concentrated Cannabis" as the separated resin, whether crude or purified, obtained from marijuana. D. "Business Licensing division" as used in this Chapter is defined to mean 11 the department within the City that reviews, issues and manages business licenses. 3 N202014-Rt .vao 0 W J m N_ J J W J F 7 u O O V LL W uS N N Z WOz az3 Va 0 a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. "Edible Medical Marijuana" as used in this Chapter is defined to mean any article used for food, drink, confectionery, condiment or chewing gum by human beings whether such article is simple, mixed or compound, which contains physician recommended quantities of Medical Marijuana, and is produced on -site at a Collective within the City of F. "Identification Card" shall have the same definition as given such term in California Health and Safety Code Section 11362.7, as may be amended, and which defines "Identification Card" as a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana, and identifies the person's designated primary caregiver, if any. G. "Management Member" means a Medical Marijuana Collective member with responsibility for the establishment, organization, registration, supervision, or oversight of the operation of a Collective, including but not limited to members who perform the functions of president, vice president, director, operating officer, financial officer, secretary, treasurer, or manager of the Collective. H. "Marijuana" shall have the same definition as given such term in California Health and Safety Code Section 11018, as may be amended, and which defines "Marijuana" as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound , manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 4 04202014-REV V30 0 W J m NJ J_ W T O J I N j ~�U �2 N N m 0 ua 0 0 a 2 3 0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I. "Medical Marijuana" means Marijuana used for medical purposes in accordance with California Health and Safety Code Sections 11362.5, et seq. I "Medical Marijuana Collective" ( "Collective ") means an incorporated or unincorporated association, non - profit mutual benefit corporation, agricultural /consumer cooperative as defined in the state Corporations Code, or other business entity type that is composed of ten (10) or more Qualified Patients and their designated Primary Caregivers who associate at a particular location or Property within the boundaries of the City of to collectively or cooperatively cultivate Marijuana for medical purposes or distribute said Medical Marijuana to Collective members and Management Members, in accordance with California Health and Safety Code Sections 11362.5, et seq. and 11362.7, et seq. For purposes of this Chapter, the terms "cooperative" and "dispensary" shall have the same meaning as Medical Marijuana Collective. A non - profit group with fewer than ten (10) Qualified Patient or Primary Caregiver members shall be deemed a "patient garden club" and shall be exempt from this Chapter. K. "Business License" as used in this Chapter is defined to mean a Business License issued by the City pursuant to the provisions of this Code. City issued Business Licenses are provided solely for revenue purposes. L. "Primary Caregiver" shall have the same definition as given such term in California Health and Safety Code Sections 11362.5 and 11362.7 (as set forth in Appendix A of this Chapter), as may be amended, and which define "Primary Caregiver" as an individual, designated by a Qualified Patient, who has consistently assumed responsibility for the housing, health, or safety of that Qualified Patient. M. "Property" as used in this Chapter means the location or locations within the boundaries of the City of at which the Medical Marijuana Collective members and Management Members associate to collectively or E 04202014- REV.V30 0 W J m NJ J Q W i 0 J I N j F � 5 o2 W N N � W 2 ai9 u< 0 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cooperatively cultivate or distribute Medical Marijuana exclusively for the Collective members and Management Members. N. "Qualified Patient' means a person who is entitled to the protections of Health and Safety Code Section 11362.5 for patients who obtain and use marijuana for medical purposes upon the recommendation of an Attending Physician, whether or not that person applied for and received a valid Identification Card issued pursuant to State Law. O. "Reasonable Compensation" means compensation commensurate with reasonable wages and benefits paid to employees of IRS - qualified non - profit organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of hours worked. P. "State Law" means the state regulations set forth in the Compassionate Use Act and the Medical Marijuana Program Act, codified in California Health and Safety Code Sections 11362.5 and 11362.7, et seq. and the provisions set forth in Section IV of the Ca. Attorney General Guidelines for the Safety and Non - Diversion of Marijuana Grown for Medical Use. Q. "Delivery Service" means the transportation and delivery of medical cannabis to a Qualified Patient or Primary Caregiver by a Medical Marijuana Collective Managing Member, Primary Caregiver member, or patient member on behalf of the Medical Marijuana Collective in conformance with state law including, but not limited to, State Law as defined in Section _._.020(P) and the California Vehicle Code. _.030 Medical Marijuana Collective — Business License. No Medical Marijuana Collective, Management Member or member shall carryon, maintain or conduct any Medical Marijuana Collective related operations E 04202014- aev.v30 0 W J CI N_ J J_ 2 sue° Q O V LLWuS N N m W p Z <Z2 V Q 0 O 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the City without first obtaining a Business License and Occupancy Permit issued by the City pursuant to the provisions of the Municipal Code. Issuance of an Occupancy Permit by the City is solely to ensure the general fitness of a proposed facility for occupancy by persons and does not constitute authorization of any activity by the permit holder. Issuance of a Business License by the City is for revenue purposes only as set forth in Chapter 5.04.030 of this Code. A City business license does not convey any authorization or approval of activities conducted by the holder thereof. This Chapter does not convey to any Medical Marijuana Collective that has received an Occupancy Permit and Business License from the City any purported or actual authorization to conduct medical marijuana activities but rather provides solely for regulatory limits on the conduct of such activities within the City. 040 Medical Marijuana Collective — Supplemental Business License Information Form Required. Any Medical Marijuana Collective desiring a Business License, prior to initiating operations, shall complete and file a Supplemental Business License Information Form, which shall be supplied by the City, and shall submit with the completed application payment of the standard Business License application fee, as set from time to time by the City. Business licenses in the City are for revenue purposes only and do not authorize, permit, or regulate any activity. A. Filing . On a form provided by the City, the Medical Marijuana Collective shall provide, with the retention, use and disclosure of such information provided by the City subject to the restrictions and limitations set forth in § _._.070(C) of this Chapter, the following supplementary information prior to issuance of a Business License by the City: 7 N202014- REV.V30 a W J O1 NJ J W Z. J 3Q ~ � V �2 W H N � W G x azs ua 0 0 a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The address of the Property or Properties where the proposed Medical Marijuana Collective will operate. 2. A site plan describing the Property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act. 3. Exterior photographs of the entrance(s), exit(s), street frontage(s), parking, front, rear and side(s) of the proposed Property. 4. Photographs depicting the entire interior of the proposed Property. 5. If the Property is being rented or leased or is being purchased under contract, a copy of such lease or contract. 6. If the Property is being rented or leased, written proof that the Property owner, and landlord if applicable, were given notice that the Property will be used as a Medical Marijuana Collective, and that the Property owner, and landlord if applicable, agree(s) to said operations. 7. The name, address, telephone number, title and function(s) of each Management Member. 8. For each Management Member, a fully legible copy of one (1) valid government issued form of photo identification, such as a State Driver's License or Identification Card. Acceptable forms of government issued identification include, but are not limited to: Drivers licenses or photo identity cards issued by state Department of Motor vehicles (or equivalent), a passport issued by the United States or by a foreign government, U.S. Military ID cards (active duty or retired military and their dependents), or a Permanent Resident card. 9. Written confirmation as to whether the Medical Marijuana Collective previously operated in this or any other county, city or state under a similar o 202014-REV Y30 0 W J O1 NJ J_ W � O x�LL rc2V O W N N z 0 Q Z J V Q 0 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 license /permit, and whether the Collective applicant ever had such a license /permit revoked or suspended and the reason(s) therefore. 10. If the Medical Marijuana Collective is a corporation, a certified copy of the Collective's Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the Collective's Bylaws. 11. If the Medical Marijuana Collective is an unincorporated association, a copy of the Articles of Association. 12. The name and address of the applicant's current Agent for Service of Process. 13. A copy of the City's Acknowledgment of Medical Marijuana Collective Operating Limits and Restrictions, listed in Section _._.050, containing a statement dated and signed by each Management Member, under penalty of perjury, that they read, understand and shall ensure compliance with the aforementioned operating limitations and restrictions. 14. A copy of the City's Acknowledgment of Prohibited Activities, listed in Section —. _.090, containing a statement dated and signed by each Management Member, under penalty of perjury, that they read, understand and shall ensure that neither the Collective nor its members and Management Members shall engage in the aforementioned prohibited activities. 15. A statement dated and signed by each Management Member, under penalty of perjury, that the Management Member 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 supervision of the Management Member(s). 16. Whether Edible Medical Marijuana will be prepared at the proposed Property. w 04202014- Rev.v30 0 W m N_ J J 0 Y 2 W J Ian � O W'� N N m 0 Q23 �J < 0 0 1 2 3 4' 51' 61 7', 8I 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. The Property address where any and all Medical Marijuana will be collectively cultivated by the Collective members and Management Members within the City of if any. 18. A statement signed under penalty of perjury by each Managing Member that the compensation paid to any person or entity by the Collective shall be limited to Reasonable Compensation as set forth in Section _.020, Subsection O of this Chapter. B. No earlier than thirty (30) days following the effective date of this Chapter, the Business Licensing division of the City shall: 1. Within ten (10) business days of receipt of a Business License application, Supplemental Business License Information Form, Acknowledgment of Medical Marijuana Collective Operating Limits and Restrictions, and Acknowledgment of Prohibited Activities, except where circumstances beyond the control of the City justifiably delay review, determine whether the application and supporting documentation is complete. 2. If it is determined the application is incomplete, the applicant shall be notified in writing within ten (10) business days of the date the application is determined to be incomplete, except where circumstances beyond the control of the City justifiably delay such response, that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. 3. The Applicant shall have thirty (30) calendar days from the date of notice set forth above in Subsection _.040(B), Subsection (2) to complete the application. Failure to do so within the thirty (30) day period shall render the application null and void. 4. Within ten (10) business days following the receipt of an amended application and supplemental information, except where circumstances beyond 10 04202014- REV.V30 0 W J YI NJ J_ WYE J C2 O W'� N N m 0 Q Z J V Q 0 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the control of the City justifiably delay such response, the Business Licensing Division shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete or in the alternative null and void. 5. Once the application is found to be complete, the applicant shall be notified within ten (10) business days, except where circumstances beyond the control of the City justifiably delay such response. 6. All notices required by this Chapter shall be deemed issued upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided. C. No later than ten (10) days following determination that a Business License application, Supplemental Business License Information form, and the required acknowledgments are complete, the Business Licensing division shall review the application and ensure the applicant and location meet all of the provisions set forth in Section —.—.050 of this Chapter. The Business License division shall, in a written report, identify each subpart of Section —.—.050 and report if the applicant meets the requirements or complies with the restrictions of that subpart. 1. When a completed application and corresponding Supplemental Business License Application form for a Collective meets all of the requirements and restrictions set forth in Section —.—.050 of this Chapter, the City shall issue to the applicant a City Business License that shall be valid for twelve (12) months. 2. Should a Business License be denied under this subpart, the reasons for denial specifically setting forth the subparts of Section _— 050 of this Chapter the applicant has failed to comply with and /or meet the restriction 11 04202014- REV.V30 0 W J m < J N_ J WJ� mop V N N W Z <ZJ° V< 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 requirements of shall be provided in writing to the applicant(s). Within ten (10) days of the date of mailing plus two (2) days for mail service, the applicant(s) may appeal the decision denying the Business License to the City Council. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Business Licensing division with a copy submitted to the clerk of the City Council. The applicant shall, along with the appeal requested submitted to the Business Licensing division, include an appeal deposit in an amount of $1,000.00. D. The City Council shall conduct a hearing on the appeal or refer the matter to a hearing officer, pursuant to hearing provisions of this Code, within thirty (30) business days from the date the completed request for appeal was received by the Business Licensing division, except where good cause exists to extend this period. The appellant shall be given at least ten (10) business days written notice of such hearing. The hearing and rules of evidence shall be conducted pursuant to the hearing rules set forth in this Code and in accordance with state law. The determination of the City Council on the appeal shall be final. _.050 Medical Marijuana Collective Operating Restrictions and Prohibitions. All person(s) or entities operating as a Medical Marijuana Collective in the City shall comply with the following Operating Restrictions and Prohibitions. A Business License issued by the City for a Medical Marijuana Collective does not authorize or permit the operation of such entities. The sole purpose of this Chapter is to limit and restrict the operations of such entities. A. The Property location of a Medical Marijuana Collective or any entity that provides medical marijuana pursuant to any provision of state law is I restricted to commercial and industrial zones as defined in this Code. I 04202014-Re MD 0 W J m J W J O LLWuS N N m W � i <z9 u< 0 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. A Medical Marijuana Collective shall not be located within a one thousand five hundred foot (1,500') radius of a public or private high school or within a one thousand foot (1,000') radius of a public or private preschool, kindergarten, elementary, middle or junior high school except that a Medical Marijuana Collective that was issued a Business License by the City before a private school is located or built within the distance provisions of this Section shall not be subject to the aforementioned distance limitations. Should the distance limitations set forth herein be less than any state law distance limitation, the state distance limitation shall apply. The distances specified in this subdivision shall be determined by the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot on which the Medical Marijuana Collective is located, without regard to intervening structures. C. A Medical Marijuana Collective shall not be located within a one thousand foot (1,000') radius of any other Medical Marijuana Collective. The distance specified in this subdivision shall be determined by the horizontal distance measured in a straight line from the property line of any other Medical Marijuana Collective, to the closest property line of the lot on which the Medical Marijuana Collective is located, without regard to intervening structures. D. The exterior building and parking area lighting at the Property where a Medical Marijuana Collective is located shall be in compliance with all applicable provisions of this Code. E. Any exterior or interior sign visible from the exterior of a Medical Marijuana Collective shall be unlighted with the exception of an optional 18" by 18" or smaller lighted green cross with no lettering or additional symbols or markings that may be placed on a window or door that is visible from the exterior of the Property. 13 04202014-REV.V30 0 W J CI N_ J J W J F 7 V Q:0 OW6 N N � W p z <Zs „< 0 0 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. Windows and roof hatches at the Property of a Medical Marijuana Collective shall be secured so as to prevent unauthorized entry, and shall be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency and are in compliance with all applicable building code provisions. G. The Property where a Medical Marijuana Collective is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises is not audible anywhere on the adjacent property or public rights -of- way, or within any other building or other separate unit within the same building as the Medical Marijuana Collective. H. The Property where a Medical Marijuana Collective is located shall have a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Property is not detected outside the Property, anywhere on adjacent property or public rights -of -way, or within any other unit located within the same building as the Medical Marijuana Collective. I. A Medical Marijuana Collective shall be monitored at all times by closed- circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the Property. The recordings shall be maintained at the Property for a period of not less than thirty (30) days. J. The Property where a Medical Marijuana Collective is located shall have a centrally - monitored fire and burglar alarm system that is functional and operating at all times. K. A Medical Marijuana Collective shall post a sign in a conspicuous location advising: I. A video monitoring and recording device is in operation at this facility. 14 04202014-REV V30 0 W J CI NJ J_ W � � J INS Fps m2i 0 W N N � a Q Z J Va 0 0 a 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The illegal sale of marijuana and the diversion of marijuana for non - medical purposes are violations of State Law. Your membership in this patient group will be terminated if you are caught diverting marijuana in a manner that contravenes state law. 3. The use of marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery. 4. Loitering at the location of a Medical Marijuana Collective for an illegal purpose is prohibited by California Penal Code Section 647(h)." L. Edible Medical Marijuana shall not be provided to any person who is not a Qualified Patient member, Caregiver member or Qualified Patient Management Member of the Collective, in compliance with all applicable state and local laws. M. The Medical Marijuana Collective shall meet all applicable state and local laws to ensure that the operations of the Collective are consistent with the protection of the health, safety and welfare of the community, Qualified Patients and their Primary Caregivers, and will not adversely affect surrounding uses. N. No Collective shall operate for profit. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by Management Members and members towards the Collective's actual expenses of the growth, cultivation, and provision of Medical Marijuana shall be allowed provided that they are in strict compliance with State Law. O. Collective cultivation of Medical Marijuana by a Medical Marijuana Collective shall not be done by any person who is not a member, Caregiver member or Management Member of that Medical Marijuana Collective. P. Medical Marijuana, including any derivative for which an exception to state marijuana criminal liability is provided for under state law, shall not be made available to or provided to any person who is not a patient member or authorized patient member Caregiver of any Medical Marijuana Collective. No marijuana, 15 04202014- FEV.V30 0 W m NJ J 5 W J 0 ~�V 02 LL W W WN m W 0 i aZ9 V a 0 0 a 1 2 3 4I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including any derivative for which an exception to state marijuana criminal liability is provided for under state law, that was not cultivated by the members, authorized Caregivers, and /or Management Members of a Medical Marijuana Collective or that was not provided by a properly operating Medical Marijuana Agricultural or Consumer Cooperative shall be provided by a Medical Marijuana Collective. Q. Distribution of the Medical Marijuana collectively cultivated by the Medical Marijuana Collective members and Management Members to Collective members and Management Members shall not take place outside the boundaries of the City of or at a location other than the Property identified on the required Business License issued by the City with the exception that a Medical Marijuana Collective is not prohibited from providing Delivery Services, as defined in this Chapter, when such service is conducted in full accordance with State law and this Chapter. R. Should any independently enacted tax measure governing city fees and taxes on marijuana be deemed invalid, every Medical Marijuana Collective shall file, on the fifteenth day of every February, May, August, and November the then effective City Supplemental Quarterly Collective Business License Fee form and shall pay a Supplemental Business License Fee of $50.00 of every $1,000.00 received by the Medical Marijuana Collective during the preceding three (3) month period, including but not limited to donations, contributions, sales, and /or membership fees. The collection of fees under this section, should this section be deemed applicable, shall not take place unless and until the provisions of Ca. Gov't Code § § 66016 -66019 have been fully complied with by the City. This section shall be deemed inapplicable upon enactment and implementation by the voters of any marijuana tax measure. 16 04202014Rc V30 0 W J m NJ J_ W � 0 �2 o LU W N N 0 W G z = S u< 0 0 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S. An application for a new Business License or renewal of a Business License for a Medical Marijuana Collective shall be denied if: 1. One or more of the Managing Members of an applicant was the Managing Member of a Medical Marijuana Collective issued a Business License by the City that, following enactment of this Chapter, was either convicted of a misdemeanor for failing to comply with any provision of this Chapter or was, after administrative hearing, deemed liable for failing to submit any Supplemental Quarterly Collective Business License Fee form and /or pay Supplemental Business License Fees required under Section _._.050, Subsection R or any properly enacted and effective marijuana tax measure. 2. The applicant failed to submit any required Supplemental Quarterly Collective Business License Fee form and /or pay Supplemental Business License Fees required under Section —._.050, Subsection R, if applicable. 3. The applicant, through administrative, civil, or criminal proceeding, was determined by a judge, jury, or hearing officer to have previously violated any provision of this Chapter. 4. The applicant, through administrative, civil, or criminal proceeding, was determined by a judge, jury, or hearing officer to have operated a Medical Marijuana Collective in the City without a Business License following enactment of this Chapter. T. Medical Marijuana provided to Collective members shall not be provided without labeling that complies with all state and local laws. U. At all times, a Medical Marijuana Collective shall not operate on a for- profit basis nor shall it operate without fully complying with State Law as revised I from time to time. V. Compensation paid to any person or entity by a Medical Marijuana Collective is limited to Reasonable Compensation. 17 04202014- Rev.v30 0 W J m N_ J J 2 W J 0 N � rc2 OW N N m WO, QZJ „a 0 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W. Medical Marijuana Collectives shall not be open to patient or caregiver members or operate to provide Medical Marijuana between the hours of 10:00 P.M. and 10:00 A.M. X. There shall be no more than one (1) Business License issued under this Chapter for every fifteen thousand (15,000) residents of the City based on the official population of the City as provided by the U.S. Census Bureau from time to time. Y. No medical marijuana collective shall be open to member patients without a licensed security guard present on the premises. 060 Business License — Non - transferable. A Business License issued pursuant to this Chapter shall become null and void upon the cessation of the Collective, resignation or replacement of any or all of the Managing Members set forth in the Supplemental Business License Information form submitted by the applicant and /or the relocation of the Collective to a different Property. A. The following shall be deemed a change in location: 1. Any relocation or expansion that includes a separate piece of property or parcel of land from the Property identified in the Supplemental Business License Information form submitted by the applicant. 2. Any expansion of the Property identified in the Supplemental Business License Information form which represents a greater than fifty percent (50 %) increase in the square footage of space devoted to public access or occupancy. B. A Business License issued to a Medical Marijuana Collective shall not be transferred to any other person or entity. C. The holder of a Business License issued under this Chapter shall not allow others to use or rent the Property. An exception shall be made for persons iE M202014-Re N30 0 W J m N J J o -z W j 0 ~ o 0oU 1 OWE N N m W � z <Z3 V< 0 0 a • ,jn n arr ,t_ ;-oiiective members or Management Members and who possess a 7 II val1C1 ( itv ISRUP.ri Rti- inP.s.- I icansa whinh ai ithnri7ac tha °nlarP to nlarP" c--41P of n 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30u and nat ientS w uic vvuc„uvc .. ... .. .. ..... .. .. .. of " "edical ^ ^arijuana by members and/or Management Members of the Collective. —.—.070 Inspection Authority. Upon proper issuance of an Inspection Warrant as defined in Section 1822.50 of the Ca. Code of Civil Procedure, City representatives may enter and inspect the Property of every Medical Marijuana Collective between the hours of 10:00 A.M. and 10:00 P.M., to ensure compliance and enforcement of the provisions of this Chapter. A. The inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order and only when such use and disclosure by the City, including but not limited to the police department, is in full compliance with the Privacy and Security provisions of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d, and as amended in 2009 by the Health Information Technology for Clinical and Economic Health Act ( "HITECH "), as codified at 42 U.S.C. § 17901, et seq. (specifically subtitle D of the American Recovery and Reinvestment Act of 2009, the "ARRA" ), and under the regulations promulgated by the Secretary of Health and Human Services found in 45 C.F.R. §§ 160 -164 and updated from time to time. B. It is unlawful for any Property owner, landlord, lessee, Medical Marijuana Collective member or Management Member or any other person having any responsibility over the operation of the Medical Marijuana Collective Ito refuse to allow, impede, obstruct or interfere with an inspection. 19 04202014 -RE V30 0 W J fG N_ J J W J 0 ~�U m2 O W N N � 0 Q Z Or V Q 0 0 s 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. No information or records maintained by the City as a result of an inspection conducted pursuant to this Section or otherwise provided by a Medical Marijuana Collective, Managing Members, or members to the City under this Chapter or as a result of any investigation shall be provided to the federal government unless a court of competent jurisdiction issues an order requiring such disclosure. The City shall, at all times, give meaning and effect to California law and shall not enforce federal law related to marijuana. 080 Existing Medical Marijuana operations. A. Any existing Medical Marijuana Collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this Chapter must immediately cease operation until such time, if any, when it complies fully with the requirements of this Chapter. Except as provided for in Subsection B of this Section, no Medical Marijuana Collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this Chapter shall be deemed to be a legally established use or a legal non- conforming use under the provisions of this Chapter or the Code. B. Any Medical Marijuana Collective established and operating within the City and in full conformance with State Law, whether such operation was with or without a Business License or Occupancy Permit, prior to December 31, 2011, that the establishment and operation thereof would be subject to this Chapter shall, within sixty (60) days of the effective date of this Chapter, conform with all provisions of this Chapter, including but not limited to the location restriction to areas zoned industrial or commercial, and apply for and be issued a Business License or cease operations. No citation issued, convictions under, failure to comply with, or violations of this Code related to the operation of a Medical Marijuana Collective, Dispensary, Cultivation Site, or other entity in compliance 20 04202014- REVN30 O W J m J D - i W J 0 02 O W N N � Wiz azs �a 0 0 t 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 U3 Nith state Medical Marijuana law shall be factors weighed in any decision granting or denying a Business License. C. On the enactment date of this Chapter, any administrative or criminal actions filed and pending against a Managing Member, member, Qualified Caregiver, or Medical Marijuana Collective for violation of any current or former provision of this Code where such violation related solely to operating a Medical Marijuana Collective, shall be dismissed. A person convicted under any provision of this Code for operating or participating in a Medical Marijuana Collective, Dispensary, or Cultivation Site shall have the right to move to set aside such conviction and any penalty assessed or sentence imposed thereunder and such conviction shall be set aside by the Court. D. On the enactment date of this Chapter, any unpaid fines assessed, whether civil, administrative, or criminal, against a Managing Member, member, Qualified Caregiver, or Medical Marijuana Collective for violation of any current or former provision of this Code resulting solely from operating a Medical Marijuana Collective in the City, shall be waived. An individual who or entity that has paid a fine or fee under this Code for operating or participating in a Medical Marijuana Collective, Dispensary, or Cultivation Site shall have thirty (30) days following enactment of this Chapter to apply for a refund of such fines or fees. An application for refund shall be made in writing on the City's then effective refund request form and shall include documentation showing payment of any amount claimed. Within sixty (60) days of submission of a completed refund application and verification of fine or fee payment claimed, the City shall refund the fine or fee to the claimant. E. On the enactment date of this Chapter, any unpaid fines assessed, whether civil, administrative, or criminal, against a landlord of any medical marijuana collective, dispensary, cultivation site, or business for violation of any 21 04202014 -RE V30 0 W J M N_ J J 0 ' 2 W J ~�V �2 V Y W N N � 0 Ua 0 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 current or former provision of this Code resulting solely from leasing or renting to an operating Medical Marijuana Collective in the City, shall be waived. 090 Prohibited activities. A. Any person or entity in full compliance with this Chapter and State Law shall not be subject to criminal, civil or administrative action by the City for violation of this Chapter. B. It is unlawful for any person or entity to operate a Medical Marijuana Collective without a Business License issued by the City pursuant to the provisions of this Chapter. C. It is unlawful for any person to knowingly make any false, misleading or inaccurate statement or representation in any form, record, filing or documentation required to be maintained, filed or provided to the City under this Chapter. D. No Medical Marijuana Collective, Management Member or member shall cause or permit the sale, distribution or exchange of Medical Marijuana or of any Edible Medical Marijuana product to any non - Collective Management Member or member. E. No Medical Marijuana Collective, Management Member or member shall allow or permit the commercial sale of any product, good or service, including but not limited to drug paraphernalia identified in Health and Safety Code Section 11364, on or at the Medical Marijuana Collective, in the parking area of the Property. An exception shall be made for persons who are not Collective members or Management Members and who possess a valid City issued Business License which authorizes the "place to place" sale of soil and nutrients to the Collective, Management Members or members for the collective 22 04202014 -REV V30 0 W J m J W i � J Q� F � �o� O W N N m W � z <ZS V< 0 0 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cultivation of Medical Marijuana by Management Members and members of the Collective. F. No cultivation of Medical Marijuana at the Property shall be visible with the naked eye from any public or other private property, nor shall cultivated Medical Marijuana or dried Medical Marijuana be visible from the building exterior. No cultivation shall occur at the Property unless the area devoted to the cultivation is secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry. G. No person or entity shall manufacture Concentrated Cannabis in a manner that violates California Health and Safety Code Section 11379.6. H. No Medical Marijuana Collective shall be open to or provide Medical Marijuana to its members or Management Members between the hours of 10:00 I P.M. and 10:00 A.M. I. No person under the age of eighteen (18) shall be allowed at the Property, unless that minor is a Qualified Patient and is accompanied by his or her licensed Attending Physician, parent(s) or documented legal guardian. I No Medical Marijuana Collective shall possess Medical Marijuana that was not collectively cultivated by its Management Members or members. There is no requirement that Medical Marijuana be cultivated solely in the City of or at any specific location. K. Unless otherwise provided for by state or federal law, a Medical Marijuana Collective shall not possess or provide marijuana grown outside of the State of California. L. No Medical Marijuana Collective, Management Member or member shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on the Property or in the parking area of the Property. 23 04202014 -R V.V30 0 W J m NJ J O W J 0 SN" H � �2 u WW's N N m W G z <Zs Va 0 a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M. No dried Medical Marijuana shall be stored at the Property in structures I that are not completely enclosed, in an unlocked vault or safe, in any other unsecured storage structure, or in a safe or vault that is not bolted to the floor of the Property. N. Medical Marijuana may not be inhaled, smoked, eaten, ingested, or otherwise consumed on the Property, in the parking areas of the Property, or in I those areas restricted under the provisions of California Health and Safety Code Section 11362.79, which include: 1. Any place where smoking is prohibited by law; 2. Within one thousand feet (1,000') of the grounds of a school, recreation center, or youth center; 3. While on a school bus; or 4. While in a motor vehicle that is being operated. O. No marijuana medication or derivative thereof provided by a Medical Marijuana Collective shall contain pesticides, mold, fungus or spider mites. P. No marijuana collective shall operate in a facility that is not compliant with the architectural requirements of the Americans with Disabilities Act [ADA] (42 U.S.C. § 12101, et seq.) and California Disabled Persons Act [DPA] (Cal. Civ. Code § 54). An individual diagnosed with one of the conditions enumerated in Cal. Health & Safety Code § 11362.7(h)(1) through 11362.7(h)(12) who is a patient with a valid physician recommendation for medical marijuana and who suffers injury or sustains actual damages, including but not limited to injuries or damages caused by inaccessibility or reduced access caused by failure to comply with provisions of the ADA or CDPA or injuries or damages caused by discrimination under Title II of the ADA, shall have a private right of action for damages and injunctive relief under this section. The provisions of 42 U.S.C. § 12210(D) shall not prevent a medical marijuana patient from seeking relief or 24 04202014- REV.V30 0 W J m NJ J_ W � 0 02i LL V WS H »� W C z aZ9 ua 0 0 a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 obtaining recovery in an action brought pursuant to this section. Should later enacted state law provide for access to and use of marijuana for recreational and non - medical purposes, this section shall not apply to individuals using or accessing marijuana for non - medical reasons. 100 Violation and enforcement. A. Any person violating any provision of this Chapter or knowingly or intentionally misrepresenting any material fact in procuring a Business License under this Chapter, shall be deemed guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment. Each and every day a violation occurs shall be considered a separate violation. B. Any person who engages in any Medical Marijuana Collective operations after a Business License application has been denied, or a Business License has been suspended or revoked, and before a new Business License is issued, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment. C. Any person who or entity that facilitates the operation of a Medical Marijuana Collective without a Business License shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment. D. As a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, revocation of the Certificate of Occupancy for the property, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or 25 04202014 -RE V30 0 W J m NJ J_ W � 0 �2 0 W N N m Wiz �ZJ V< 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state law for any violations committed by the Medical Marijuana Collective, it's Management Members, members or any person related or associated with the Medical Marijuana Collective. E. Any violation of the terms and conditions of this Chapter, State Law, or of applicable local or state regulations and laws shall be grounds for Business License revocation. F. In addition to the remedies set forth herein, the City may, at its sole discretion, issue administrative citations pursuant to the provisions of this Code and any other applicable state law for any violation of this Chapter. G. Any complaints received by the City about any Medical Marijuana Collective or activities related thereto shall be memorialized in writing by the City in a form that shall be retained by the Office of the City Attorney for no less than five (5) years that shall include the location of the Medical Marijuana Collective that is the subject of the complaint, the date and time of the incident resulting in the complaint, the name, address, and phone number of the person or entity making the complaint, the date of the complaint, the specific complaint made, actions taken in response to the complaint and the City official or employee recording the complaint. The Office of the City Attorney may investigate complaints made or may deem complaints invalid at its sole discretion following review thereof. On or before January 30 of each year, the Office of the City Attorney shall prepare a summary of the number of complaints received for each Medical Marijuana Collective for the prior calendar year. Complaints deemed invalid by the City Prosecutor shall not be included in the annual summary. No City official or employee shall make public statements or claims while acting in his or her official capacity that suggest crime is caused by Medical Marijuana 26 OG202014REVN30 0 W J m N_ J J 2 W J i N =s oo- rc W Wiz Q Z J V Q 0 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Collectives without providing specific and accurate statistics provided by the City's Police Department and without referencing the latest annual summary of complaints report published by the City Attorney. H. No Management Member or Medical Marijuana Collective shall make or cause to be made a false complaint about any other Medical Marijuana Collective to the City or any City employee, officer or official. 110 Appeal process. A. If a City department determines that a Business License holder has failed to comply with any provision of this Chapter, or with any other provision or requirement of law, the Business License Division shall revoke or suspend the Business License in accordance with the provisions of this Code governing business licenses. B. The Business License Division shall notify the holder of the Business License of the revocation or suspension by dated written notice. Such notice shall advise the Business License holder of the right to appeal the decision to the City Council. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Business License Division within ten (10) calendar days from the date the notice was mailed along with an appeal deposit in the amount of $1,000.00. C. The City Council shall conduct a hearing on the appeal or refer the matter to a hearing officer, pursuant to the hearing provisions of this Code, within thirty (30) business days from the date the completed request for appeal was received by the Business License Division, except where good cause exists to extend this period. The appellant shall be given at least ten (10) business days written notice of such hearing. The hearing and rules of evidence shall be 27 04202014 -RE N30 0 W J m J W O N N � W � x <ZS u< 0 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conducted pursuant to the hearing provisions of this Code. The determination of the City Council on the appeal shall be final. D. Whenever a Business License has been revoked or suspended under this Chapter, no other such permit application shall be considered for a period of one (1) year from either the date notice of the revocation or suspension was mailed, or the date of the final decision of the City Council, whichever is later. 120 Operative date. This ordinance will become effective ninety (90) days following its passage and adoption. The Business License Division will accept completed Business License applications and the required supplemental documents set forth herein thirty (30) days before the effective date of this Chapter. 130 Severability. If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable. 140 Review of Regulations. On or before the first anniversary of the effective date of this Chapter, the City Council shall review the effectiveness of these regulations, and shall enact modifications, if necessary. SECTION 2. The City Clerk shall certify to the passage of this Ordinance by the City Council and cause it to be posted in three conspicuous places in the 28 04202014- REV.V30 0 W J tll NJ J W t O J H � rcOi u LLWuS N N m W � z Q Z J VQ D Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of and it shall take effect on the thirty-first (31') day after it is approved by the Mayor. Me] N202014RE N30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF , CALIFORNIA AMENDING THE MUNICIPAL CODE BY ADDING SECTION _ _ RELATING TO A MARIJUANA BUSINESS LICENSE GENERAL TAX THE PEOPLE OF THE CITY OF ORDAIN AS FOLLOWS: SECTION 1. R• The Municipal Code is amended by adding Section _ Ito read as follows: _ _.01 Marijuana Businesses. Annual Business License Tax. 1. Every Marijuana Business whether it is a "not for profit," a "non - profit," or a "Non - Profit Organization," as defined in this Section, or a for - profit business, shall pay an annual business license tax as set forth herein. 2. For the purposes of this Section, a Marijuana Business shall mean any medical marijuana collective, dispensary, or cooperative as defined in Chapter [ .j of the Municipal Code (_MC). 3. For the purposes of this Section, a Marijuana Business and a Marijuana Cultivation Facility are not considered to be a religious or charitable organization. 4. For the purposes of this Section, "Marijuana Business" shall mean any activity that involves, but is not limited to planting, cultivating, harvesting, transporting, dispensing, delivering, selling at retail or wholesale, manufacturing, compounding, converting, processing, preparing, storing, packaging or testing, any part of the plant cannabis sativa L, or any of its derivatives. 5. For the purposes of this Section, a not for profit, a non - profit, or a "Non- Profit Organization" shall mean any association, corporation or other entity that is CITY OF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -1 1 2 3' 41 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exempt from taxation measured by income or gross receipts under Article XI II, Section 26 of the California Constitution. 6. For the purposes of this Section, "Gross Receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements or the total amount, in any calendar year of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. The term "Gross Receipts" shall also include the total amount, in any calendar year, of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross Receipts' shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross Receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross Receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and CITY OF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross Receipts" shall be calculated without any deduction on account of any of the following: a. The cost of tangible property sold or bartered; b. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or c. The cost of transportation of the marijuana, or other property or product. 7. For the purposes of this Section, "Square Foot" or "Square Footage" shall mean the sum of the gross horizontal areas of all floors, including garages, carports, porches or similar structures, parking structures, usable basement areas, cellars, hallways, or common areas below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within the lines drawn parallel to and two feet (7) within the roof line of any building or portion thereof without walls (which includes Square Footage of all porches), and including pedestrian walkways or corridors. For purposes of this Section, the portion of a site devoted to retail sales shall not be included in the Square Footage calculation unless it is for a non- profit as defined by this Chapter. 8. For the purposes of this Section, a "Marijuana Business," "Cultivation Facility" or "Grow Site" shall mean the Square Footage of any place or location where marijuana or any of its derivatives is cultivated, grown, harvested, packaged, processed or stored. CITY OF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Business license tax rates for Marijuana Businesses and Cultivation Facilities. 1. Every Marijuana Business shall pay business tax at a rate of up to ten percent (10 %) of Gross Receipts. The tax shall be initially set at a rate of seven and one half percent (7.5 %). The tax under this Chapter shall not be increased on Marijuana Businesses unless and until the City Council by ordinance takes action, and the tax rate shall not exceed ten percent (10 %) of Gross Receipts. 2. Notwithstanding the maximum tax rate of ten percent (10 %) of Gross Receipts imposed under Subsection B.1., the City Council may in its discretion at any time by ordinance implement a lower tax rate for all Marijuana Businesses, as defined in such ordinance, subject to the maximum rate of ten percent (10 %) of Gross Receipts. The City Council may by ordinance increase any such tax rate from time to time, not to exceed the maximum tax rate of ten percent (10 %) of Gross Receipts established under Subsection B.1. 3. In addition to the foregoing, the owner, operator, or lessee of any "Marijuana Business," "Cultivation Facility" or "Grow Site" existing to supply marijuana to a Marijuana Business shall pay a tax of up to ten dollars ($10.00) per Square Foot on all improvements owned, rented, leased or otherwise occupied or used by a Cultivation Facility or Grow Site. The tax shall initially be set at a rate of five dollars ($5) per Square Foot. The City Council may by ordinance increase any such tax rate from time to time, not to exceed the maximum tax rate of ten dollars ($10) per Square Foot. 4. There is imposed on every Marijuana Business that is a not for profit, a non profit, or Non - Profit Organization, or a for profit business, including all of its ancillary locations, regardless of the number of square feet it occupies, a tax of five dollars ($5.00) per Square Foot on all business improvements occupied by that Marijuana Business and Cultivation Facility or Grow Site. For the purpose of this Section, all of the square feet of improvements owned, rented, leased or CITY OF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 otherwise occupied or used by a Marijuana Business within the City shall be cumulated. 5. All Marijuana Businesses or Marijuana Cultivation Facilities shall pay a minimum tax of five hundred dollars ($500.00). C. Modification, Repeal or Amendment. The City Council may repeal the ordinance codified in this Section, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Section, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or Section does not result in an increase in the tax or taxes imposed herein. D. Administration. The City Manager, or designee, and /or the City Council by ordinance, may promulgate regulations to implement and administer this Section including, but not limited to regulations allowing Marijuana Businesses to remit taxes less frequently than monthly. E. Annual Adjustment. The taxes imposed by this Section shall be adjusted annually by the Financial Manager of the City. Beginning on July 1, 2016, and on July 1 of each succeeding year thereafter, the amount of each tax imposed by this Section shall be adjusted equivalent to the most recent change in the annual average of the Consumer Price Index ( "CPI ") for all urban consumers in the Los Angeles - Riverside- Orange County areas as published by the United States Government Bureau of Labor Statistics; however no adjustment shall decrease any tax imposed by this Section. For the purposes of calculating the annual adjustment factor under this Section, the base year shall be that year ending with December 31, 2014. Rates shall next be adjusted on July 1, 2016, and annually thereafter, based on the annually calculated change from the base year. The July 1, 2016 CITY OF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -5 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 li 19 20 21 22 23 24 25 26 27 28 adjustment shall be the change in the average CPI for the year ending December 131,2015. F. Reporting and Remittance. In order to aid in the City's collection of taxes due under this Section and to ensure that all Marijuana Businesses and Cultivation Sites are taxed consistently to the best of the City's ability, beginning as set forth in Section K, below, and monthly thereafter, each Marijuana Business shall report to the City any Gross Receipts received during the reporting period and shall likewise remit to the City the taxes due and owing during said period. For purposes of this Section, taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a Marijuana Business or Cultivation Site. Square Footage payments shall be made annually at the beginning of the calendar year and should be based on the most recent County Assessors records, pro -rated based on the number of months of operation. G. Delinquent date - Penalty. Any individual or entity who fails to pay the taxes required by this Section within thirty (30) days after the due date shall pay in addition to the taxes a penalty for nonpayment in a sum equal to twenty-five percent (25 %) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10 %) shall be added on the first day of each calendar month following the month of the imposition of the twenty five percent (25 %) penalty if the tax remains unpaid; up to a maximum of one hundred percent (100 %) of the tax payable on the due date. Receipt of the tax payment in the office shall govern the determination of whether the tax is delinquent. Postmarks will not be accepted as adequate proof of a timely payment. H. Records Inspection. Whenever it is necessary to examine any books or records, including tax returns, of any Marijuana Business or Cultivation Site in the City to ascertain the CITY OF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amount of any tax due pursuant to this Section, the City shall have the power and authority to examine such necessary books and records at any reasonable time including, but not limited to, during normal business hours. Records must be maintained for no less than seven (7) years. I. Suspension, Revocation and Appeal. The general provisions of this Code, as well as the provisions of Chapter [ - of this Code, governing revocation and suspension of Business Licenses shall apply. J. Application of Provisions. No business license issued under the provisions of this Code, or the payment of any tax required under the provisions of this Article shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this Section implies or authorizes that any activity connected with the distribution or possession of cannabis is legal unless otherwise authorized and allowed by California and federal law. Nothing in this Section shall be applied or construed as authorizing the sale of marijuana. K. Operative Date. This ordinance establishing a medical Marijuana Business tax is effective upon passage and shall repeal and replace any section of this Code providing for a supplemental business license fees on Medical Marijuana Collectives. SECTION 2. If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this ordinance shall nonetheless remain in full force and effect. The people of the City of CITY OF hereby declare that they would have adopted each section, - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -7 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that anyone or more sections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable and, to that end, the provisions of this Ordinance are severable. SECTION 3. As provided for in applicable provisions of state law and, if applicable, the City Charter, if a majority of those electors voting on this ordinance vote in favor of same, it shall be adopted upon a declaration of the result of such ballot by the City Council, and it shall take effect in accordance with the requisite minimum period set forth in state law or the City Charter, whichever is period is shorter. CITY OFF - MEDICAL MARIJUANA TAX INITIATIVE [PROPOSED] -8