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HomeMy Public PortalAboutOrdinance 1107ORDINANCE NO. 1107 AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING TITLE 5, CHAPTER 5.62 OF THE CITY OF BEAUMONT MUNICIPAL CODE TO REGULATE THE PERSONAL, MEDICAL, AND COMMERCIAL USE OF MARIJUANA; AND AMENDING TITLE 5, CHAPTER 5.70 REGULATING MARIJUANA DELIVERY WHEREAS, the City Council of the City of Beaumont has determined that it is in the best interests of the public health, safety and welfare of the City and its residents to have a strong and effective enforcement system prohibiting Commercial Marijuana Activity to the extent authorized by State law; and WHEREAS, pursuant to California Business and Professions Code section 26200, local jurisdictions are permitted to regulate and/or ban Marijuana businesses; however, under California Business and Professions Code section 26090, a local jurisdiction cannot prevent Delivery of Marijuana or Marijuana products on public roads by a California cannabis licensee acting in compliance with California state laws; and WHEREAS, effective January 2019, the Bureau of Cannabis Control adopted final regulations which, among other things, establish a regulatory scheme for the Delivery of Marijuana and Marijuana products throughout the State; and WHEREAS, in light of the above, the City Council has determined that it is necessary to reaffirm its prohibition of Commercial Marijuana Activity within the City to the fullest extent permitted by law, and to clarify that Delivery of Marijuana within the City is only authorized to the extent permitted and required by, and in strict compliance with, State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance isrendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Violation of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 5 (Business Taxes, Licenses, and Regulations), Division II, Chapter 5.62 to read in its entirety as follows: Chapter 5.62 PROHIBITION OF COMMERCIAL MARIJUANA ACTIVITY AND REGULATION OF PERSONAL MARIJUANA USE AND CULTIVATION 5.62.010 - Purpose. It is the purpose and intent of this Chapter to: (1) regulate indoor personal Cultivation of Marijuana to the fullest extent permitted by State law; (2) completely prohibit outdoor Cultivation of Marijuana; and (3) completely prohibit Commercial Marijuana Activity —whether medical or recreational within the City of Beaumont, to the fullest extent permitted by law. 5.62.020 - Definitions. A. "Marijuana" shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from Marijuana. "Marijuana" also means Marijuana as defined by Section 11018 of the Health and Safety Code. For the purposes of this Chapter, "Marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agriculture Code or Section 11018.5 of the Health and Safety Code. "Marijuana" 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. B. "Commercial Marijuana Activity" includes the Cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, and/or sale of Marijuana and/or Marijuana products. Commercial Marijuana Activity does not include: (1) The activity of a qualified patient or primary caregiver as provided in Business and Professions Code Section 26033; or (2) A person 21 years of age or older who, in strict accordance with State law and/or regulations, as may be amended from time to time: (i) possesses, processes, transports, purchases, obtains, or gives away to persons 21 years of age or older without any compensation whatsoever, no more than 28.5 grams of Marijuana not in the form of concentrated cannabis; or (ii) possesses, processes, transports, purchases, obtains, or gives away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of Marijuana in the form of concentrated cannabis, including as contained in Marijuana products; or (iii) possesses, plants, cultivates, harvests, dries, or processes not more than six living Marijuana plants and possess the Marijuana produced by those plants; or (iv) smokes or ingests Marijuana or Marijuana products; or (v) possesses, transports, purchases, obtains, uses, manufactures, or gives away Marijuana accessories to persons 21 years of age or older without any compensation whatsoever. C. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Marijuana, whether within a structure completely or partially enclosed, or outdoors. D. "Person" means any individual, firm, partnership, joint venture, corporation, association, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, dispensary, club, society, or other organization or group acting as a unit, and the plural as well as the singular. The term individual shall include any owner, manager, proprietor, employee, volunteer, salesperson, primary caregiver or qualified patient. E. "Private residence" means a house, an apartment unit, a mobile home, or any other similar residential dwelling serving as an individual's primary residence. 5.62.030 - Personal use and Cultivation. A. For purposes of this subsection, personal use, possession, process, purchase, transport, and/or dissemination of Marijuana shall be considered prohibited and unlawful in all areas of the City to the fullest extent such prohibition is permissible under State law. B. Outdoor Cultivation. No person may plant, cultivate, harvest, dry, or process Marijuana plants outdoors in any zoning district of the City. No permit or any other license or entitlement for use, nor any business license, shall be approved or issued for the opening, establishment, maintenance or operation of any such use or activity. In the event of a determination by the California Attorney General that nonmedical use of Marijuana is lawful in the State of California under federal law, outdoor Cultivation of Marijuana shall be prohibited and/or regulated to the fullest extent permitted by State law. C. Indoor Cultivation. No person, including a qualified patient or primary caregiver, may plant, cultivate, harvest, dry, or process Marijuana plants except for personal use inside a Private Residence or accessory structure to a Private Residence located upon the grounds of a Private Residence, and only in strict accordance with State law and/or regulations, and the City Code, as may be amended from time to time. This provision shall not be construed to authorize, regulate, permit, license, or otherwise allow indoor Cultivation for commercial use or purposes; such activity is expressly prohibited in all zones throughout the City. 5.62.040 - Commercial Marijuana Activity. The opening, establishment, maintenance or operation of any business for the purpose of conducting Commercial Marijuana Activity, whether for medical or recreational use, is prohibited in all zones throughout the City. No permit or any other license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance, or operation of any business engaged in Commercial Marijuana Activity. 5.62.050 - Violation and enforcement. 1. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law. 2. Any Person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32. 3. Any Person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law. 4. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code. 5. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. SECTION 5. The City Council hereby amends Title 5 (Business Taxes, Licenses, and Regulations), Division II, Chapter 5.70 "Mobile Marijuana Dispensaries" to read in its entirety as follows: CHAPTER 5.70 DELIVERY OF MARIJUANA 5.70.010 - Definitions. The following words and phrases shall, for the purposes of this Chapter, have the meanings respectively ascribed to them by this section, as follows: "Delivery" means the commercial transfer of Marijuana or Marijuana products to a customer of a business engaged in Commercial Marijuana Activity (as defined in City Code Section 5.62.020). "Delivery" also includes the use by a retailer of any technology platform owned and controlled by a retailer, or independently licensed under State law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of Marijuana or Marijuana product. "Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers Marijuana goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address. "Person" means any individual, firm, partnership, joint venture, corporation, association, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, dispensary, club, society, or other organization or group acting as a unit, and the plural as well as the singular. The term individual shall include any owner, manager, proprietor, employee, volunteer, salesperson, primary caregiver or qualified patient.5.70.020 — Deliver\ of Marijuana. Delivery of Marijuana within the City shall be allowed only to the extent permissible under State law, and in strict compliance therewith, including maintaining, prior to operation, an applicable State license/permit therefore. Any Delivery conducted not in strict compliance with State law and/or regulations and any applicable City or local law is prohibited. This provision does not permit any fixed storefront or non -storefront retail business to operate within and maintain a physical location within the City; such retail Commercial Marijuana Activity is expressly prohibited. 5.70.030 — Business License Required. Notwithstanding Municipal Code Section 5.62.040, Marijuana Delivery shall only be permitted within the City upon the application, approval and issuance of a City business license as provided in Chapter 5.04, et seq. of the Beaumont Municipal Code. A City business license is a revocable privilege, which shall be subject to revocation/suspension upon a violation of any provision of this Chapter and/or State law/regulations. 5.70.040 - Violations. 1. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law. 2. Any Person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32. 3. Any Person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law. 4. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code. 5. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. 5.70.050 — Prohibition of Delivery It is the intent of the City Council to prohibit all Commercial Marijuana Activity within the City. In the event the State enacts any law or regulation permitting a local jurisdiction to completely prohibit the Delivery of Marijuana, Sections 5.70.020 and 5.70.030 shall be null and void, and all Commercial Marijuana Activity, including Delivery, shall be prohibited. SECTION 6. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 7th day of May, 2019, by the following roll call vote: AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 21 st day of May 2019. AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: Steven Mehlman, City Clerk Approved as to form: