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HomeMy WebLinkAbout16-31 - Consolidation of General Municipal Election for Proposed Ordinance (4MMD Licenses)RESOLUTION NO. 16-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 8, 2016 for the purpose of submitting proposed ordinances to the voters of the City of Costa Mesa for their consideration; and WHEREAS, the City Council of the City of Costa Mesa is submitting to the voters of the City of Costa Mesa questions relating to the adoption of proposed ordinances; and WHEREAS, it is desirable that the general municipal election be consolidated with the Statewide General election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the Registrar of Voters of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2016, for the purpose of submitting to the voters of the City of Costa Mesa two questions relating to the adoption of proposed ordinances. Resolution No. 16-31 Page 1 SECTION 2. That the following measures are to appear on the ballot as follows: 1 Measure : Allow Operation of up to Eight Medical Marijuana (Cannabis) Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to eight medical marijuana (cannabis) businesses with: six percent tax on Yes medical marijuana (estimated annual tax revenues $48,000 to $912,000); one percent tax on other products; exemption from permits; regulations not subject to change by City No Council except for increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas, be adopted? 2 Measure _: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa Response Vote Shall the ordinance, to allow operation of up to four medical marijuana businesses with: six percent tax on medical Yes marijuana (estimated annual tax revenues $24,000 to $456,000); required industry specific licenses; required operator permits; regulations subject to change by City NO Council including increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas, be adopted? SECTION 3. That the proposed complete text of the two ordinances submitted to the voters is attached as Exhibit A and Exhibit B. SECTION 4. That the vote requirement for both of the measures to pass is a majority (50% +1) of the votes cast. SECTION 5. That the County of Orange Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary to hold the consolidated election. Resolution No. 16-31 Page 2 SECTION 7. That the City of Costa Mesa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution. ADOPTED this 7th day of June, 2016. mer, Mayor Pro Tem ATTEST: AVEDA TO FORM: Brenda Green, Ory Clerk Tarquin Prezosi, Deputy City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-31 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of June, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Genis, Monahan and Righeimer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mensinger IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of June, 2016. BRENDA GREEN CITY CLERK Attachments: 1. Exhibit A — Proposed Ordinance: Allow Operation of up to Eight Medical Marijuana (Cannabis) Businesses in the City of Costa Mesa. 2. Exhibit B — Proposed Ordinance: Allow Operation of up to Four Licensed Medical Marijuana Businesses in the City of Costa Mesa. Resolution No. 16-31 Page 3 Exhibit A, INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Committee of proponents, who are residents of the City of Costa Mesa, sponsoring the petition.: Robert Taft, Jr. Kevin Gardner TEXT OF THE PROPOSED MEASURE: MEDICAL CANNABIS CONTROL ACT, Section 1 — Title This initiative shall be known and may be cited as the Medical Cannabis Control Act, Section 2 — Findings and Declarations Pursuant to, and, consistent with the current California law concerning medical cannabis, the City of Costa Mesa shall enact an ordinance creating Title 9, Chapter VI of the Costa Mesa Municipal Code, and amend in its entirety Title 13, Chapter 1, Article 2, Section 13-6, and amending Row 31(a) of Title 13, Chapter 4, section 13-30, and amending Title 9, Chapter 1, Article S, Section 9-32 of the Costa Mesa Municipal Code, in order to authorize the establishment of medical cannabis businesses, to restrict and limit such medical cannabis businesses by imposing strict regulations on such businesses to protect the health, safety, and welfare of the cor unvixity; WHEREAS, the Compassionate Use Act ("CUA"), adopted by California voters in 1996, and the Medical Marijuana Program Act ("MITVIPA"), enacted by the State Legislature in 2003, decriminalized the cultivation and use of marijuana by seriously ill individuals upon a physician's recommendation and provided California's qualified patients and their primary caregivers with specified immunities Linder state law, thereby helping to ensure that qualified patients and their primary caregivers, who possess and use marijuana for .naedima purposes, are not subject to criminal prosecution and/or sanction; WHERE, AS, the Costa Mesa Police Department ("CMPD") has reported that the number of tnarovana dispensaries and connnercial growing operations proliferated though out the City in the past without sufficient legal oversight, the City and its neighborhoods have experienced negative secondary effects, including an increase in cringe at certain locations associated with unregulated medical cannabis businesses; WHEREAS, there presently are no ordinances in the City of Costa Mesa specifically regulating; or monitoring the location, zoning standards, or other aspects of the locations and facilities where medical caraiabis will be dispensed to eligible persons under state law, —5— MEDICAL CANNABIS CONTOL ACT WHEREAS, medical cannabis businesses must operate with reasonable regulation, to ensure that those serio .rsly ill residents of the City benefit from the palliative effects of medical cannabis have access they are provided under state law; WHEREAS, by implementing a fair and reasonable registration process for medical cannabis businesses, the City will be able to maintain order while avoiding undue burdens on its already strained financial resources; WIUREAS, the City has a substantial and clear interest in ensuring that .medical cannabis is distributed in an orderly manner, and in protecting the public health, safety and welfare of its residents, its businesses, the neighborhoods in which medical cannabis businesses operate, while ensuring compassionate access to seriously Ill residents to medical catanhbis in accordance with the CUA and the MMPA; WHEREAS, the regulations in this initiative do not interfere with a qualified patient's right to use medical cannabis as authorized tinder California law, nor do they criminalize the possession or cultivation of medical cannabis by specifically defined classifications of persons, as authorized under California law; WHEREAS, medical cannabis businesses shall comply with all provisions of the Costa Mesa Municipal Code ("Code"), California law, and all other applicable local laws; nothing in this initiative purports to permit activities that are otherwise illegal under state or local law; WHEREAS, this initiative isnot intended to conflict with federal or state law, nor is it intended to respond to or invite litigation over any unresolved legal questions posed by the California Attorney General or by case law regarding the scope and application of state law; it is intended that this initiative be interpreted to be compatible Nvith federal and state enactments and in furtherance of the public purposes that those enactnxents encompass; WHEREAS, the People of the City of Costa Mesa find that nonprofit medical cannabis businesses which operate in full compliance with the State Compassionate Use Act, the Medical marijuana program act, and the Attorney General Guidelines demonstrate a willingness to engage in lawful activity which benefits economic costs associated with the City of Costa mesa's local regulation and enforcement efforts; WWIER1 AS, to that end, the People of Costa Mesa further find that those nonprofit medial marijuana businesses, as set forth in lire above paragraph, have been precluded from operation in the City of Costa Mesa due to the inability to obtain a business license tinder the City of Costa Mesa's Municipal Code. Those medical cauiabis businesses who never operated in in Costa Mesa without a business license yet have or have attempted to comply with the Compassionate Use Act, the Medical marijuana program act, the Attorney General's Guidelines, and the Costa Mesa Municipal Code by applying for a business license and when denied did not violate the Inw and commence operation of medical cannabis business illegally should be given a preference for obtaining "Priority Registration" status as that term is herein defined, to operate under Title 9, Chapter Vl. WHEREAS, the People of the City of Costa Mesa recognize that an ordinance proposed by a voter initiative and adopted by a vote of the People cannot be repealed or amended, except by a vote of the People pursuant to the California Constitution, Article 7, Section 10; w- G - MEWCAL CANNABIS CQNCOL. ACT WHEREAS, the People of the City of Costa Mesa further fund and declare that this initiative is enacted pursuant to the powers reserved to the State of California, the City of Costa Mesa, and its People under the Tenth Amendment of the United States Constitution, Article 2 of the California Constitution, and the California Health and Safety Code Sections 11362,5 and 11362.7 of seq. NOW, THEREFORE, the People of the City of Costa Mesa ordain as follows: SECTION 3 — Amendment to the Costa Mesa Munielpai Code to .Add Title 9t Chapter V1, The People of the City of Costa Mesa do hereby enact and ordain that Title 9 of the Costa Mesa Municipal Code, entitled Licenses and Business Regulations, is hereby amended to add Chapter VI to read as follows: (Any underlined language is new and shall be inserted into the Chapter) CHAPTER VI. — MEDICAL CANNABJS BUSINESSES 9-4 l A.uthari nd title 9.482 Release of liability and hold harmless 9-483 Purnose and intent 9-484 Physicians/natlant ennfidentiality 9-48.L.—Definition MSEC. 9-48.1 Authority and title Eursuant to the a t rorrty nted by the Californla Constitution, A tele 2 apd California health and Safety Code Scetron� 1136a_n E 1 l36?.7 et se(. the People of the Cit_ Qf 4"os�ra esa d _enact this Qhapt is� vhicd7 sshall be known and w b cited as tho "medical Cat abis Control Act." -7-- MEDICAL CANNABIS CONTOI.,ACT pusuzess. Facb rgedivai cannabis business reca�nized by t e ai shy P a. SEC. 9-483 - Pqr ose 4uxd intent. mase enactments encompass .- g_ MEDICAL CANNABIS CONTO[. ACT SEC. 9-484 h lciantk'ntient cos# id tial➢ conxiaenuatzty on sr� n t p i SM 9-489. I?efsnition . snici a code o to 1 w. "Cannabis" or "Marijuana" shall be aonstttied as d�firlCd is Catifarnia Health and Safes Code Sectioq 11028 and further shall sneolfclly include anv pradtlfit that contains maritti azo or t< derivative of tnat•ii�an anct_atl paz•is ofi the p2a1itf7cannabis, vyhether arativine or not* the seeds thereof: the res n extiaatcd fiorn atsy�ipas t of the pl nt an y compaupd, mag�zfacture It derivative, tnixtLire a&C2 Irl eparation oi'the plant i seeds ar resin. It `x lode.nariivana infused Ii (n fotftrdr. It does not include he atiir� stal'k� oftlr plant er produced fraitiC]the stalk, ail or cake nude fi•atn the seeds of the plant, ane,thex eclrnpound Clrnttnizf to i e sa.i# derivative mixture, _afthe mature staltcs.( ceptOtlie rosin eetractad thpeefrozn fib ,r, Doll, car Dake, or fihesterilized see( Q lant are ' c bie of emvuat'ol,. Ll CglCc .ver" and "cavperz}tivea" when reeri to medical cazanabisC7oraiuzafions b� o#h mean associationsof��ve or MOM guaixtied pati ici ta, nersaas,Q—WML identificatian,.rga�d ,card 5�m�ry care itff 'ers of oualzfied patients and l—le l-i—S 7 with dentiFc tiosa c<uds wlsa associate as air %icozvatated az ianinooilaaratedl�ssoaiation to cLllcLve a ca er z ivaly ctsltivate and ifistIribute medical Ocamiabisfor tise exclusively by their re�i�sterec! nternbcr�j. in sfric# acccirdanca L�LitlxDCaliComm I-Iealtk %u d Safer Code scetiots.11362,5 and 11362,'7 et secl aq MEDICAL CA lNASIS CON!'OL ACT �CQnV1Ct'I92]. Wal a UIV Adth, guldlot a gaa., Le—a tive ittaredients of theO cannabis plant, i i 4-ILUEJ ULW111GytyYG.. ..SW tAA4;64fy�,C ., ;}tCtly tk l'Rad', jAElClkl t?62S7 Y1933,�^�,,"' (i) a. Any Ioentl n wYicj�i .L legttl dwelling a zonecf excittsivelfor rav3n i21r�se 10._ MEDICAL CANNABIS CONTOI.. ACT p w..aa uuawA vya�a a au mcaicai cannants untxenc, nzsLarv. anu nit ngr natuI worxeg; °Strocture" znQis„an thin con acted or eraeted which is srrppprt d�,iciccetly or inti ect'ty aid thg-ground, but not includngan vehia e. moved etc LusiYel by hum��ve�. B. The follow,icwaris ar.phre�ses rvl tlgecl t this —section —shall ca s jiuo--l-As defined is California ealtt d Safety Code See io q..1746,112f2,5, ond'[136 7. Liosr tdaniification card"Person withr idents i _smear ; •eive�'> and -iI_ MEDICAL CANNABIS coNTGL ACT SEC. 9-486, Medical ca nrt is business ro}sihit d. A. It shall be unlawful to nc , t otqku.k In agent, volunz -mss SEC. 9-07. Limited fulpounity, A. B_qsinRss figense, 11 a. NoMy Zggigrgtiog, mc—n busigess, oz° never >2�� civil a�lzd sated of aerating —ani—eclical cas !&Alt mWess or medical madju—ana business ithout a bqudfpe �Jicensc_b2l M—CSL a. The —Iack-oqtflannvy-court�f a -Lcitat* Eimm conviction Qmruci�vil-ic<ition by tl h-e-Aslffl—laicnt Rrjo_.f t.qisgafliif thatApaLic-ant bu-s L)—OtDj.)-q1Lqtcd a —medical cannabis busirless Oc Costa t�,Re-sal , , LLrl—th� � (b) Has been issued g-busims license or �hu-ftv liod for I howuhe-cltv Of gos �q mesajk - 12 - MEDICAL CANNABIS CONTOL ACT (c) =�c I&ab'LtLissine or inedip business j___gLmarijtj�pg a. Proof Of apply for a Lhapte Lrn of �lssnciati M oLmy- other coria etent (c1) Possesses ax loos ailed fob a Sailor P it frc,11 I the �5 to Oar L)'' EeIlnH7ljH*nll Ill '-he nalgoAtho businqss, (0) Possesses or has 4PSHLd T_ Stock,for the_City —_ of 1osta_���aLa apltecl for OrimLlq��UI.2f �Food and 1l jps (f) RIS-Mfi d �for a U�w-Seg.4,Dj Uc-g,�qjjtj4c�Ljttjrc; . heck; (9) mavi jj AnA_mgqRMjjat1�caa pursuant A–o —ca I i LOM, _41 &g.1th and SafotyCade section �on 113 6 2 et s ea. (h) a Lnedical ME Ful au _Mna Safetv Code secX11seg, (i) Epssesses; _orhas aQWigo far -al jja�j�� a eller pQ]icxL b _sLEgnacq., and -medical —13-- MEDICAL CANNABIS CONTOL ACT b, hjjp,-LrLqr i. G) . rAL�'gg ttile Into.m -'anon to e C"Y for use in sgpnectipn _with thebusinoss ice q.. IbLa�'JMIpossesses and dated medical catinabL s- lit (a) Has never anerate t, medical camtabis or m dicot conbis Ld oda t ,,ling e AtY of Chia -a. ca _itqgcq conviction far civil adWdLqation by the city shall be —sufft I LUM9 agLoX—era to Ll � tdi�,df &Mngbhbu5lne s in the Q .3Ld-QqLLa Nfes3. (b) Bgjkeenisstied,_a u. -i� Ls lice biisiggs license frau jhLfily al ConteNt jfar rt, '-14[— MEDICAL CANNABIS CONTOL ACT (C) MLd-ictll cgllnabls btis o or maqa-ln-ia-rijLiLana bqLin9§ -1 a. CODV of at, application for a mgdjg#LgqRagbh busj.nesgjqCMpjLRLgQ.q L Mailing was, _sent to the City Qf��a e.,� 3a IrOasurXMMAUM§ntLD.lviSion TD.Box 1200. Costa Mega. 9262L -UO -2�--w-Lth-jll—sev=-(7) 0onect cony of the arcicIes of imngQr Of State" porati Cha ter _nfms„pcitttian or any atlrer comp to tt yeijflablcclog (d) Rossesges or has JjecL&rgqgjLtL p�ermij�6,0 q State Boz d O-mqlLl§Zain jlj-zation ithe _of the, bLlSill 2r a License to J� Sell jj , _ rsLepv stoc for tile City of Costa —MMANY-h-1-01 —Wal9n9L "f—or 11-11.-- - � (1) Has gh ck. (g) in-a-rialana —recolynne—ndatima.2m; Health ancL&te !KEoc je .9getkn 11-3-6_2_pl sec.z Rent fii. -a tcard u-,1wLLQ-Ucalth and sar�iy&LoLe Section I tL62,7 el-gq.- pgliqy bodilyj� ir p -gLid qjet _Jlcil - 15- NTFDfCA[, CANNAMS CONToL, ACT 2, C. 0) conn 's tiabty 4y 'eb s ecifigally_ cl tiles 1'ab' i for Inedical cmabis and medical mariitt na. a. Era W applzcatior £gr gencral liability �nstlra�eepolicv which sp�ci#"tcal�'Yinalttdas liability for medical cannxbj§ Rd/or medical mariiva tna nr�ya ...tie Town by a gttoka from an insmLice co an car arty otlaex veri able dogt�entation. tneazca c tnabis cat4blj4hM nt d, f'jtebtisiness license shall be valid for two ( -2) --years, irresttective of e. The £eP requii_,ed for alaplR� -,uid registration for a medical earinabis business ltcen�e �h�t [ 11ot exceed fcve t�imdred dollars (`�500.(JQ�, �' C!)fiterys nat detrlrnental to theaublic health s fv �eel£are, or maul St n aids of the Cit . As st ch tha t lyli not rcguirc ttre medical cami, Ig— MEDICAL CANNABIS CONTOL AC1' S. a�. I a. -_ u w L co ea't l carnal i lautinesses irsualit t ttx� i rms ntthis hit tet, 5„ -4871., t3 eru 3nnn1 ire trixerwatats. is zuornenIs —17— NIMICAL, CANNABIS C©NTOL ACT N 3, 4, S. d, L H. Media cin ia� tiisinesses l alJ be roerrnitted in the ioltowirre nse ctistracxc or i. A mariiiiana busi ssshot be locate -foot rad}w7 tsLof snv oto �ucd medicirt ctuntabis btrsx� ii. Restriction of ininors as enr aCavees: It shall b�i f<r n � �rged9cal ccqanabis business to emniav any pe son wliqs of ax leftst 18 ve4•5 of awe. 81 Restriction onurs of aeration: Hog r, a� fo oration are limited to the bourn betweer�9 ban, and 10 mni.. seven days a eveelt, is - NICDICAI„ CANNAWS CONT'M ACT to. it. 12. a sal notice requirements: A s' ha e osted inside the d' al cannabi businesses ati s stantially as follows' « e diversi z of cannabis for nnn medical u 0 is c a violation ofate L&w I aiterin the I cation of a�zs�r i at carLnabis df§pqnsing grbus' •ze s for an ilia ase is t db Clifosnia Venal Code esti 4'7 . No zne 'ca oannabis she 1 e oked inaested or ajharwise consrtzned on e promises of thebi.zsiness or widhin fifty (50) fcot of a medical cannabis business" Such sign shall be Drinted to 14 -point font or lamer Avon B % b} gaper and posted atat some Dans icuous art of such s' 13. Restrictions relatina to onitivatiou uza z 'aoturiu au rucessiu :Medical cannabis businesses shaj era = ,% se11. n•ansfer_ and distdb t onl marip ;Lgt ��,tlr�n;�� cultivated mttnufaoturec ar �e�.�n the fidtzte of California and that 17as not left the State befIp a -imvirv, at the business and that has bec,zj cultivDjeci on1� ,,al, e1 rrroy�e1 and torv,its eeri-ft di members jrks closed-cireatii of nrocillctjon,and cvnsdnat%gz�, 14.Yr-dicine inventor restrictious:.Lha medical cazznabis bus' erzay_Vasess and cultiYatq t e unable uantityyf"dried marijuana a d marijuana plants to meatthz personal medical needs of their members, is, 16, the Costa Mesar I'etirc L>epqrtmcnt %accordance tivit nliiArnaa 'C7gar rnent of Jnstjc tidelj_nes. wt9n MEDICAL CANNACSIS CONTOL ACT Man. 17. Patient eoofidentiality In order to proteet�anfidentiality, the ,==Beal cannabis business mcltvaiiltasieaor f a 1 ualified a ' is i valid identi a t' n ar and rim• ark aare fivers with a valid identificati n card nsin o c i ent° Eaa i n e d urn ex isle 1� ltl3e State oy CiursLrant to Californiallealtli and Safety Cade sewn 11362.7. etsen. Is, 19. 20. iin •vialatioii of Cali#bgiia Health and Safek�Cade section 11379 6 the busi e. rs c 11.1LPrx qy Lid.g,a securit lard Xtra o t1r ae pre is s rluri_ n�s operation; Iii, the he a clulv�licett ed �nct uniformed segLgj rj 1latral. nie OrMMI. 21. Warnina labels kit the product_ Legommendatipi7. -20- MEDICAL CANNABIS CONTOL ACT 22. 23. 24, property. 25. 'Taxation of w9dio of sales tax and rise tax impo�,ed by this Cha to shall be, ii, iv, m rsona talcs •l ax collected by tl CalLf:orrtla StateDonal ot'Egtiallzettiotl Dl& it TOL111eOlqal ppw2—sqs. zlVacent pro ep rty Msec 9 t89Transngrtatioir of zned(ettl ennna s; �lctiviCie eirtadtiire tl�e transportatioi7 oP -21 MEDICAL CANNABIS CONTOL, ACT magkoll-mn -stall not afcqqt initiqqLp Measure tfgt mMb��.Icrnernitqdwithout -j- -- - the inv-kljj_pLovLision, and to (ljLs,gxjd �IaCNe Meistizre are severable '- 22— Mr,'DICAL CANNAWS CONTOL ACT SECTION 4 - AMENDMENTS TO COSTA MESA MUNICIPAL CODE TITLE 9, CHAPTER 1, ARTICLE 5, SEC'T'ION 9-32. The People of the City of Costa Mesa do hereby enact and ordain that Title 4, Chapter 1, Article 5, Section 4-32, entitled Unlawful Business Not Authorized, is hereby amended to read as follows: (All underlined language is neve and to be inserted. All language struck through is to be deleted.) Sec. 9-32 UnlawvfuI business not authorized, No business license or permit issued under the provisions of this title, nor the payment of any tax required under the provisions of this title shall be construed as authorizing the conduct or continuance of any 412 ttsittess businesses deemed illegal by state law or a legal business in an illegal manner. SECTION .5 - AMENDMENTS TO COSTA MESA MUNICIPAL CODE TITLE 13, C14APTER 1, ARTICLE 2, SECTION 13-6. The People of the City of Costa Mesa do hereby enact and ordain that Title 13, Chapter 1, Article 2, Section 13-6, entitled, is hereby amended to read as follows: (All underlined language is new and to he inserted, All language struck through is to be deleted) Section 13-6. Definitions vlee�6et i�tn�ri�ar reit tf�t e„sit 3�4 t ell ty or�eettFiar. 'Mi re =='-==” attnabis is etrltk aced -of may of o ns na l 1 k 1e-to-ander-distr-iWed-by onto-thre {3� e trt©r #then €Ullowingi-a-prirnary-cared ver a -qualified patient o -t ape< xtkran ioa-ear-d-in sEriot-aeeerdanee-avith State-p%ait(r•anti-�;t�et�C-t>dc>-Seetiens-1-,136?-.S-et-se,,. c �' , , 3F,? ? et seq.; -wl�iek�-shall•-in�ude;-btrt-tot-be-IitrtiEed-finny-fac�i}i#+-or�oeation en1;a iri-t1��-ret�ri} sad;-eiispensatton; nr dstt=ibtrticm••t�f-mnei�-for-me€lioftl-pterpeses-that-daes-smote-c�r� get-ive-teleirr-fife-Multi-s=at-ier�a€the-ntati�t�tpr<r<luc-t-that-at -ells, disper�se�st-d'tsttil�ries�rr• men-its-cultivation-oftheattar-rjuaria-pre€k+et�ei�`-site-f3--tkie-•i-acility-� l�atien--for�etai{ aWdical Cannabis Business. An unincorporated or incorporated entity oe ass24iation ofquaGied aaEier,L,3 aranl/or .Amar-caiceivers and/or pe,sans with identification cards. whi provides money cannabis _business may .provide medical cannabis. p acltiots -_ et�ices Euid assistance to Qualified patients. persons with It medical marijuana identificatiott card (as set forth in the MNIPA) or the rhti ry careggiver of suchgcrsons. Mc� cannabis businesses may assist with tlae 11c uisitian of s ills necessary to cultivate or provide mari3uana for medicalguruq s in cQmljatyce with 2r3 ._ 41EDICAL CANNABIS CONTOL ACT (1) 21 Safely Code where:) a qualified patient or erson with an Ided SECTION to - AMENDMENTS TO COSTA MESA MUNICIPAL CODE TITLE 13, CHAPTER 4, SECTION 13-30, ROW.11a OIr TAIBLE 13-30 THE COSTA MESA LAND USE MAmX. The People of the City of Costa Mesa do hereby educt and ordain that Title 13, Chapter 4, Section 13-30, Table 1.3-30, .Row 31a, entitled City of Costa Mesa Land Use Matrix, is boreby amended to read as follows; (All underlined language is new and to be inserted. All language struck through is to be deleted) —24— MEDICAL ..24wMEDICAL CAPvNABIS CONTQLACT Section 13-30, Table 13-30 Section 13-30, Table 13-30, Row 31a _>>_ MEDICAL. CANNABIS CONTOL ACT MTIATIVE MEASURE TO 3E SUBMITTED DIRECTLY TO THE VOTERS AN ORDINANCE OF THE PEOPLE OF TI3E CITY OF COSTA MESA AMENDLNG THE 17E, COSTA MESA ZONING CODE AND MUNICIPAL CODE Committee of proponents, who are registered voters of the City of Costa Masa, sponsoring the petition: Taylor Webster Michael Levesque T&%T OF PROPOSED MEASLIRL'; "AN INITIATIVE TO PROVIDE REVENUE TO COSTA ME, SA. CITIZENS" WHEREAS, the Costa Mesa Police .Departmit MMMY) has reported that, as the number of ntaryuana dispensaries and convarerciai growing operations proUferated without sufficient legal oversight, the City and its neighborhoods have experienced negative secondary edicts, including; an increase in orinre at certain locations associated with unregulated marijuana: dispensaries; WHEREAS, The League of California Cities and Caflornia Chief of Polices Association have authored statewide legislation, presented by vereran State Senator Lou Correa to provide a clear road hasp for reasonable statewide unplenwentation of proposition 215 and the Medical Marijuana Program Act of 2004 in California, WHEREAS, legislation regulating the medical narrrijuaria industry is supported by the Association for Los Angeles Deputy Sheriffs; Assoeiatio n of Orange County Deputy ShorhM, Caliibrnia Fraternal Order of Police; International Faith Based Coalition; Long Beach police Officers Association; Los Angeles County Professional Peace Offlo rs Association; Los Angles Police Protective League; Riverside Sherif'f's Association and Santa Ana Police Officers Association; WHEREAS, it is in the interest of the citizens of Costa Mesa to have medical cooperatives operate with reasonable remrlation California Cities and California Chief ofl'olioes of medical rnarilvana, which if unregulated tlxer dispensaries, as well as negatively impacting the that mirror those put forward by'lac League of AssooioSon in order to rogula'te the distribution. tens the interests of local rmighborhoods and se seriously ill residents ofthe City; WHERFkS, the City has a substantial and clear interest in ensuring that nedical nwryuana is distributed in an orderly manner, ur protecting the public health, safety and welfare of its residents, its dlspcnsarics, the neighborhoods in which Medical Cooperative operate, while ensuring compassionate access by seriously ill residents to medical marijuana in accordance with the CUA and the MMPA; WHERTAS, the City seeks to create a gross receipts tax on medical cooperative at a rate of $60 per $1,000 of gross receipts, which will help to fund necessary general municipal services, which may include but is not runited to, code enforcement, building inspections, police protection and crime suppression services, tire prevention and suppression services, which wit facilitate the purposes of this law and which will fund necessary services as determined by the City Cowncil; NOW, THERETORE, ME PEOPLE OFTJ-M CITY OF COSTA MESA IEREBY ORDAIN AS FOLLOWS: Section L, Code Amendment, Section 16-14, of Chapter II in Title 16 ofthe Costa Mesa Municipal code is hereby amended in its entirety to read as follows: (a) The rate of sales tax and use tax imposed by this chapter shall be one per cent on all businesses except for medical cooperative. (b) Every person engaged in operating or otherwise conducting a business where marUuana is cultivated, distributed or transferred pursutrnt to Title 9, Chapter VI shall pay a tax proportionate to grass receipts earned within the taxing jurisdiction at a rate of six (6) per cent. (e) The City Council may impose the tax authorized by this section at a lower rate and t>uly establish exemptions, uncentives, or other redactions as otherwise allowed by California law. No action by the Council under this panngraph shall prevent it from later increasing the tax, up to six per Cent, ar removing. any exemption, incentive, or reduction and restoring the tnaxiirrum tax sp"ccfhed in this section. Section 2. Corte A� Row 31a of the Costa Mesa Land Use Maftix Table in section 13- 30 of Chapter IV, 'Pirie 13, is hereby amended to read as f©Rows; Section 13-30, Table 13-30, Row 31a LAND USES R R R R A C C C C T M M P P P P P P I I P 1 2 2 3 P L 1 2 1 C Ci P D D D R I) r> & IVI .1I 5 R R R R C. I R R. D D L M I-1 N S D D D C M 3Ia. Medical I' I' P P P P P P P cooperative (Subject to the -requirements to TITLE 9, CHAPTER VI, Medical cooperative) Section 3. Cao e. Aniondmont. 'TITLE 9 is hereby amended to include TITLE 9, Chapter VI, henceforth entitled "Medical Cooperative Regulations" and is hereby amended in its entirety to read as follows; Sec. 9-451, Purpose, 7110 people of the city of Costa Mesa hereby declares that the purpose of the regulations in this chapter is to provide a uniform and enforceable sot of rifles for the operation of medical cooperative, in compliance with stato law and future state-wide regulation, to prevent tine prol5ration of medical cooperatives, to tax the distribution of medical marjjruana as well as to protect the public health, safety and weBre of residents, Sec. 9.432. Definitions, The following terms and phrases, whenever toed in this section, shall be construed as defined in this section: (a) 'Modkal cooperative" or "Cooperative" shall be defined in section 13-6 if Title 13 of the Costa Mesa Municipal Code, (b) `Building" means any structure having a roof supported by columns or walls, for the housing, s1101tor or enclosure of persons, animals, chattels, or property of any kind, (c) "Live Sean" means a system for inkless electronic fingerprinting and the automated background check developed by the California Depam new of Justice (D0j) which involves digitizing fingerprints and electronically transmitting the fingerprint lenge data along with personal descriptor infbrmationn to computers at the L1C},Ifor completion ofa criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as delcmiined by the City Council\ (d) give Scan application" means a Joan developed by the City Clerk to request Lave Scan services and to contain information relevant to the Live Scan process. (e) "Location" means any parcel of land, whether vacant or occupied by a building, group of buildings, or accessory buildings, anis Includes the buildings, structures, yards, open spaces, lot width, and lot area. (I) 'Tstablishment." bicludes any of the following: a. The opening or commencement of arty such business as a new business; b. The conversion Of an existing business, whether or not amedical cooperative, to any ofthe medical cooperative domed herein; c. The addition of any of the medical cooperative defined herein to any other existing medical marijuana business; or d. 1110 relocation of ally sural modical cooperative, (g) "MarUuana" shall be construed es defined in California Health and Safety Code Section 11016 and further silali specifically include any product that contains trorjuana or a derivative oftnari uana. (la) "Operator" means any person with responsbility for the establishment, organization, registration, supervision, oroversight ofamedical cooperative, including but riot litrdled to any person who performs the functions of president, vice president, board member, director, owner, operating officer, financial officer, secretary, or treasurer of the medical cooperative. (i) "Applicant, " .A, person who is required to file an application for a license under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a medical cooperative or an operator of a medical cooperative. Q} "Licensee." Mie person or entity to which a medical cooperative license or medical cooperative operator's license is issued. (k) Thlef of Police." The Chief of Police of the City of Costa Mesa or the authorized representatives thereof: (h) `fi'remises" mans the space in any buildings of a medical cooperative together with the spaces within any strictures, yards, open spaces, lot width, and lot area at a location that is occupied or used in the operation of the medical cooperative. (m)"Person" means any Cooperative, individual, partnership, co-paraaership, 'firm, association, Joint stock company, corporation, limited. (n) "St'izure" means anything oonstrueted or erected which is supported directly or indirectly on the ground, but not including any vehicle. (o) "Vehic le" means a device by which any person or property may be propelled, moved, or drawn upon a stmt, includ Ing but not limited to a device moved exclusive ly by human power. (p) 77ae following words or phrases when used ha this Section shall be construed as defined in California Health and Safety Code Sections 1746, 11362.5, 1.13623 and 11834.02 a. "Alcoholism or drug abuse rccovery or treatment facility'; b. "Hospice"', c. "Identification card"; I "Person with an identification card„ e, "Pr Imary Caregiver"l- and f `°Qualitled Patient'°, Sec 4,483, Exceptions, This chapter shall not apply to: (a) A health care facility licensed pursuant to Chapter 2 (cornnaoaeing with section 1250), (b) .A residential Cate facility for persons with chronic lila-threatening illness licensed pursuant to Chapter 3,01 (commencing with Section 1568,41), (c) a residential care facility fair the elderly licensed pwstuant to Chapter 3.2 (convanencing with Section 1569), (d) a hospice, or a hoine health agency licensed pursuant to Chapter 8 (eomawncing with Section 1725), all of Division 2 of'the Caliroruia Health and Safety Code where; i. aqualified patient or person with an identification care receives medical care or support services, or both, tom the clinic fitcility, hospice, or home health agency, and ii, the owner or operator, or one of not more than three employees designated by the owner or operator, of the ciitvo, facility, hospice, or home health agency has been designated as a primary caregivers pursuant to California Health and Safety Code Section 11362.7(d) by that quailed patient or person with an identification care, or (e) A V vehicle during only flat time reasonably required for Its use by; L A, qualified patient or person with an Identification card to transport marjjuana for his or her personal medicat use, or ii A primary caregiver to transport, distribute, deliver, or give away nnarUtiana to a qualified patient or person with an identification card who has designated the Individual asaprimary caregiver, of the personal medical rise of the qualified patient orperson with an identification card, in accordance with California Health and Safety Code Section 11362,76 Sec, 9-484, Zoning Requirements. In addition to the requirements of this chapter, all medical cooperative shall congnjy with the requirements set forth nn Article 1, Chapter 13:, of Title 13 of the City of Costa Mesa Municipal Code. See. 9-495. license required for each location; display of license, A separate imlicat cooperative license is required fox each location within the boundaries of the City of Costa Mesa at whLh a regulated nnedical cooperative b to be established. The requirements of tlds chapter for a medical cooperative license are separate and in addition to a business license, or bUSIneS5 tax registration certificate, required under Chapter I offnis code. Every regulated cooperative shall display its license prominently in an area open to the public at each location, at all times when tho location is open for business. Sec, 9-486. Term ofinedical cooperative license. An approved medical cooperative lloome shall be valid until revolted. Sec. 9-487, Application for n,teclical cooperative license. (a) An applicant requesting Issuance or renewal of a medical cooperative license shall file a written, signed and verified application or renewal application in a form provided by the Chief of Police. Each application shall be accompanied by a non-refundable fee For filing or renewal in an amount determined by resolution ol'the city council, wnioh fees will be used to deli -ay the costs, of investigation, inspection and processing ot'such appitcation. Such fee shall not exceed the reasonable cost of investigation, inspection and processing ofsuolx application. License fees required under finis chapter shall be in addition to any license, permit or fee required under any other chapter or title of the City of Costa Mesa Municipal Code, (b) An application for a modical cooperative license $hall contain the following information; L The applicant shall be either a non-profit mutual lacnefit corporation or a statutory agricultural or consumer cooperative incorporated in the state of California. 2. The applicant's complete dame, the date of its incorporation, evidence that the corporation Is in good standing under the laws of California, the names and capacity of all officers and d motors, the name of the registered corporate agent and the address of the registered offioe for service afprocess, 3. If the applicant intends to operate the medical cooperative under a narne other than that of tile applicant, the applicant sball file the fictitious Hanle of the medical cooperative and allow proof of registration of tie f7etitious name at the tine it submits its application, 4, A description of the type of medical cooperative for which the license is requested and the proposed address where the medioaf cooperative will operate, plus the names and addresses of the owners and lessors of die medical cooperative site, S. The address to which notice ofaction on the application is to be availed. 6. The names of all operators who will manage the distribution ofmaryrrana at tine mcdloaJ cooperative or cuRivate rmarDuana on behalf of the medical cooperative, who are required by section 9-490 to obtain a medical cooperative operator permit. i. 1 -he medical rnar�uana collective shall make available to tine Chief of Police the names of each person who rllanages the dispensing of ntai-Duana at the medical cooperative together with a successfid live Scan background check of each such person. 1. A mnsuccessfill or failed Live Scan is any Live Scan that shows a felony conviction baying occurred within the past 1tlYears and/or allows that the manager is currently, on parole or probation for die sale or distribution of a controlled substance; 7. A certificate and straight-line drawing prepared within thirty (3o) clays prior to application depicting doe building and the portion thereof to be occupied by the rnedloal cooperative, and; (1) the property line of any other medical cooperative within one thousand (1,000) feet of the primary entrance of the niedical cooperative and any= private ar Public school; and (2) tine property lines of any public park, within one six hundred (¢0o) feet of t�ho priniary entrance of the Medical cooperative; and the property lines of tiny residential zone which is abutthig Or across file street film a lot which the medical cooperative fir which the license is requested. (c) If the Chief of Police determines Utat the applicant has completed tine application improperly, the Chief of Police shall promptly notify the applicant of such Pact and, on request of the applicant, grant the applicant all extension of tune or (10) days or less to colnplete the application properly, In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for tine Chief of Police to act on the application. The tlnte period for granting or denying a license stall be stayed during the period in which the applicant is granted an extension of tine, (d) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a medical cooperative license, Sec, 9-488, Investigation and action on medical cooperative licervse application, (a) Upon receipt of completed application and paynsent of the application and liccnse fees, the Chief of Police shall uhunediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a medical cooperative license, (b) 'Within thirty (30) days of receipt of the completed application, the Chief of Police shall complete the investigation, giant or deity the application in accordance with the provisions of this section, and so notify the applicant as follows; 1. The Chef of Police shall write or stamp "Granted" or'Donled" on the application and date and sign such notation 2. Jf the application is denied, the Chief of Police sial[ attach to the application a staternent of the reasons for denial. 3. If the application ;a granted, the Chief of Police shall attach to the application a medical cooperative Dense. 4. The application as granted or denied and the license, if any, shall be placed in the ()niter) States mail, first class postage prepaid, addressed to the applicant at the address stated in the application, S. The Chief of Police shall grant the application and issue the medical cooperative license upon findings that the proposed business meets the, locational criteria of section 13-132 of We 13; and that the applicant has inet all of the development and performance standards and roquirements of section 9-494(g) of this ohapter, unless the application is denied for one (1) or more of tile reasons set forth in section 9-489, (c) If the Ch*f of Police neither grants the application within thirty (30) days aSer it Is stamped as received, die application shall deemed granted and the Chief of Police shall issue ofamodieal cooperative license. 1. The Chief of Police shall issue no snare than four (4) medical cooperative licenses, subject to subsection Sec, 9-48€f(c)1(i), if tine ntunber of licensed r^nedicai cooperative fall below 1bur (4), then the City shall issue additional business licenses pursuant to tile term of this Chapter, h The City Council shall have the discretion to increase, but not decrease, the number of Iicenses issued by the city Finance Director ptrrsuant to the terms of this Chapter. (d) Medical cooperative priority review 1. Beginning on the date that is thirty (30) days after the efrective date of this ordinance, tuntil the date that is forty-five (465) days after die eflbctive date of Cif% orduiance, an applicant who rneets the following reguirernents may submit an application Tar priority review. Tho applicant regturenlonts for priority review are as follows: i. applicant is an active CailB>nnia non-profit mutual benefit corporation or non-profit agricultural cooperative or non-profit consumer cooperative, that was incorporated prior to May 22, 2014; ii, the applicant has listed with the secretary of state a principal place of business In the City of Costa Mesa; iil, the applicant has been issued or has applied for a City of Costa Mesa business license, issued in the name of the entity, for the purpose of providing home care Or thcrapeutic servlw, and the submissions of tile applioation or issuance of license occurred prior to May 22, 2014; iv. the applicant, or an weer or director of the applicant, maintains a lease or retrial agreement in tine City of Costa Mesa with a possession or start date prior to May 22, 2014; and v. the non-profit muttial benefit corporation or non-profit agricultural cooperative or non-profit consumer cooperative twirdalns aCalifornia re. sellers permit issued in the name of the entity at its principal place of bttsinoss in the City of Costa Mesa, prior to May 22, 2014. See, 9-489. Denial of application for medical cooperative license. (a) The Police department shall deny the application for any of the following reasons: 1. TIvit the building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards set for in section 9.494, 2. That the applicant, his or her employee, agent, partner, director, officer, stockhokler or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department or other department of the city. 3. That the applicant has had any type of medical cooperative license revoked by any public entity within two (2) years of the date of the application. 4. Within ten (10) years limn ed lately preceding the date of the filing of the appGcatlon for a Iwensc under this chapter, (lie director or officer of applicant has been convicted of a felony. 5. That on the date that the business for which a license is required herein commences, and thereafter, there will be no responsible adult on the promises to act as manager at all tunes during wbkAn the business is open, 6. The required applieadon fees have not beenpald, (b) In the case of the Chief of police not acting within the One period tinder section 9- 487(d), the Chief o'fPolice shall grant the application and issue the license. Sec. 9-490. Medical cooperative operator permit. (a) No person shall engage in or participate as an operator of a medical cooperative, without a valid rriedical cooperative operator permit issued by the city. Ail persons who have been issued a medical cooperative operator shall promptly supplement tine iniainnation provided as part of the application for the license required by section 9-488, with the names ofati operators required to obtain a medical cooperative, operator permit, tvftlnin thirty (30) days of any change in the Information originally wbtavtted, Faiture to submt such changes shall be grounds for suspension of the medical cooperative license, (b) The Chief of Police shall grant, deny and renew medical cooperative operator permits. (c) The application for a license shall be trade on a form provided by die Chief ofPafice, An original and two (2) copies ofthe completed and sworn Worse application shall be filed With the Chief of police, (el) The completed appkmdon shall contain the following information and be acoompanied by the frrllowing documents: 1. Ilia applicant's legal none and any other mines (hioluding atlases) used by the applicant; 2. Age, date and place of birth; 3. Height, weight, lair and eye color; 4. Present residence address and telephone number; S. whether ilea applicant has over been convicted of felony within ten years of the application date; G. Proof of a Live Scan background check fbr all felony convictions within fieri (10) years ofthc application; 7, State driver's license or identification number; 8, Satisfactory written proof that the applicant is at toast eighteen (18) years of age; 9. The appllcanes fcngetprints on a form provided by the police departtrent, and a color photograph clearly showing the applicant's face, Any fees for the photographs and fingerprints shall be paid by the applicant; 10. If the application is made for the purpose of renewbg a license, the applicant shall aWich a copy of the license to be renewed, 11. The completed application shall beaccotatpanied by a non-refundabto application fee. The amount of the fee shat[ be set by resolution of the city council, 12. Upon receipt of all application and payment of the application fees, the Chief of Police shall immediately stamp the application as received and promptly investigate the application. 13. If the Chief of Police detemaines that the applicant has completed the application improperly, the Chief of Police $]tall pronlfotly notify the applicant of Such £act and grant the applicant an extension of thte of not nacre than ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the'tirre for die city manager to act on the application. The timo period fir grant4ag or decaying a license shall be stayed during the period in which the applicant is granted all extenslon of time. Sec, 9-491, Investigation and action on application for medical cooperative operator permit. (a) Within fifteen (15) days afier receipt oftho properly completed application, the Chief of Police shall grant or deny the application and so notify the applicant as.foilows; L Tb® Chief of Pallce s1t�I1 wr to ur.v'tataap "Granted" or °I)eiiled" on the application and date and sign such notation. b, If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial. c. If the application is granted, the Chief of Police shall attach to the application a medical cooperative operator permit. c1. The application as granted or denied and the license, if ary, shaU be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. e, Tate Chief of Police shalt gram the application and issue the license unless the application is dettied for one (1) or more of the reasons set forth in subsection 9- 4 91 (1) of this section. i. If tate Chief of Police neither grants nor denies the application within fifteen (I5) days after it is stamped as received, the application shall be forwarded to the city finance depararient for issuance of a operator license, £ The Chief of Poke shall deny the application for any of the fallowing reasons: 1. The applicant hasknowngly made any false, 'misleading, orfiaudule.nt statement of a material fact in fine application for a license or i1 any report or document required to be filed with the application; if. The applicant is under twenty-one (2 1) years of age; iii. The applicant lis been convicted of any folony within the last ten (10) years. A license may be issued to any person convicted of a felony if the conviction occurred more, than ten (10) years prior to the date of the application. g. Each medical cooperative operator permit shall expire one (1) year from the date of immince and may be renewed only by filing with the Chief of Police a written request for renewal, accompmtied by the application fee aril a copy of the license to be renewed. The request fbr renewal shall be made at least thirty (30) days before the expiration date of the license. When made less than thirty (30) clays before the expiration date, the expiration of the Ucense will not be stayed. Applications for renowal shall be acted on as provided herein for applications for licenses. h, Should the Chief of Police not act vvidiin the tune period provided under this section, the city finance director shall then grant the application no less than five (days) Mowing the expiration oftine required seotion 9-491(e)L Sec. 9-492. Employment of Operators without operator licenses unlawful. (a) It shall be unlawful for any mcdical cooperative to not have at least one licensed operator on premises during the hcurs of operation. (b) .It slttrll be unlawful for any operator to allow any person to operate a medical cooperative who is not in possession of valid operator license. Sec, 9.493. Suspension or revocation ofrnedicaI cooperative licenses and niedical cooperative operator perinks. A medleal cooperative license or medical cooperative operator pertnit ,may be suspended or revolted ii accordance vvith the procedures and standards of this section. (a) On determining that grounds for license revocation wrist, the Chief of Police shall ftimish written notice of the proposed suspension or revocation to the licensee, Such notice shall set forth the tirne and place of hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof: The notice shalt be .mailed; postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the, Chiel' of Police, but at a minimum shall Include the following: (b) All parties Involved shall have a rigjtt to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and stutll have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely iii the conduct of serious affairs, Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The Chief of Police's decision tray be appealed in accordance with section 2-300 et seq, of the Costa Mesa MunioipaI Code. (c) A licensce n -lay be subject to suspension or revocation ofhrhs/her license, or be subject to other appropriate disciplinary action, for any ofthe following causes arising frorn the acts or ornissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of a medical cooperative : 1. The licensee has knowingly made any false, misleading orG•audulent statement of material facts In the application for a license, or In any report or record required to be filed with the City. 2. The licensee, eirrployee, agent, partner, director, stockholder, or•inanager of medical cooperative has knowingly allowed orpermlited, and has failed to make a reasonable efrort to prevent the occurrence of any of tile following on the prernises of the medical Cooperative, or in the case of medical cooperative operator, the licensee has engaged in one (1) of the activities described below While on the prernises of a medical cooperative : h Any act of unlawful distribution oftnarijuana; ih. Any conduct prohibited by this chapter, Hi. Failure to abide by any disciplinary action previously injposed by an appropriate city official (d) After holding the hearing in accordance with theprovisions of this section, if the Chief of Police finds and determines that there are grounds for disciplinary action, based upon the severity ofthe violation, the Chief of Police shall impose one (1) ofthe following: 1. A warring; ' 2. Suspension of the license for a specified period not to exceed six (G) months; or 3. Revocation ofthe license. i. Revocation of the license shall issue city after two prior determinations of violation. See. 9-494. Appeal of denial, suspension or revocation. Aftor denial of an application for a medical cooperative license or a medical cooperative operator permit, or anter denial of renewal of license, or suspension or revocation ofa license, tine appiicant or person to whom the license was granted may seek review of such administrative action by the city council in accordance with the provisions of section 2.300 et sett, of the City of Costa Mesa Municipal Code, Any proccedung to appeal such decision to the city council shall be filed within seven (7) days of such decision, If the denial, suspension or revocation is affirmed on review, the applicant, licensee may seek prompt judicial review of such administrative action Pursuant to California Code of Civil procedure section 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the licensee. Sec. 9-495. Medical cooperative operational requirements. 77he following development and pertbrmanoc standards shall be satisfied by a medical cooperative and included in any approved medical cooperative license: (a) No medical cooperative shall be operated in airy manner that permits the observation of any marauana from outside the location. (b) Parking lot lighting shall be provided to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and employees and reducing the Incidents of vandalism and theft. The lighting shall provide alevel of illumination not less than one (1) foot-candle, measured at the surface of the pavement, at all areas or the parldng lot. rhe lighting shall be shown on the required plot plans and shall be reviewed and approved by the development services department. (o) A medical cooperative shall be open or operating for busiiess only between the hours of &:00 a.m. kind 10:00 p.m. on any particular day. (d) No person under the age of eighteen (18) years shall be perrnnitted within tine premises at any time. (e) The medical cooperative shall possess a valid and current State Board of Equalization seller's permit; (1) The nw-di al cooperative shall not be located within; 1. 1000'ibot radius ofa"school" as defined under Health and Sa%ty Code 11362.768 {h); 2, 600 foot radius of a public park, public library or licensed child care facility; 3. 1 000foot radius of another registered medical cooperative; (g) Mediottl cooperative shall not allow alcohol to be purchased or consumed at the premises or in any area of the location used for parking any veluole; (h) Medical cooperative shall only be located in a conTnereial zoned property or industrial zoned property as allowed pursuant to section 13-30 of Chapter IV, Title 11 O ivledical Marijuana Business shall not be located min property lot abUtt.Itg or across the street from a lot which is zoned for residentlaI use. The above notwithstanding, this subsection shall not prohibit a nodical cooperative from locating across a street firom any land zoned residential if (lie medical cooperative and residentW zone is separated by a public thoroughfare with a mininnnn roadway width of 80 feet, Sec. 9-496, Violations/peuaities. With the exception of any violation oftivs chapter, any person, whether as principal, employee, agent, partner, director, officer, stockholder, ortrustee orothervvise, violating oreausnng the violation of any of the provisions of this chapter shah be guilty of a misdemoanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fete and imprisonment. Notwithstanding any violation of the nudity limitation under this chapter, any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is corm-nitted or continued, Sec. 9-496.1. Public nuisance. In addition to the penalties set forth above, any medical cooperative v6rh is operating in violation of this chapter or any provision thereof is ]Hereby declared to constitute a public nuisance and, as such, may be abated or ei�oined from hither operation. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the licensee of the medical cooperative pursuant to section 13.17. Sec. 9-497 Statewide Regulation, This ordinance, and die provisions herein, shall be read consistent with any statewide regulation of medical marijuana that is promtdgated by the legislature or by voter approval in the fdure, In die event Statewide 'Regulation is passed pursuant to the decriminalization or legalization of M riivana for recreational use, this ordinance shall govern the conduct ofthose business allowed to disuabtrte marijuana under such provisions. Section 4. Amendment and Reveal. The provisions of the Costa Mesa Municipal Code added by, amended by, or contained in this initiative measure may be amended to further its purposes by ordinance passed by a majority vote of the Council and approved by the Mayor. The provisions of the Costa Mesa Municipal Code added by, amended by, or contained in this initiative measure shall not be repealed, except by an ordinance adopted either by petition or by the Council at its own instance and adopted by a vote ofthc electors Section .5. 9everalnility. If any section, subsection, subdivision, sontonee, clause, phrase, word, or portion of this Ord'uhance is, for any reason, hese) to be invalid, or unconstitutional by the decision of any couit ofconnpeteut jorisdiction, such decision shall not aFect the validity of the remaining portions of this Ordinance. Tine People of the City of Costa Mesa hereby declare that they would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, hvcrd, or portion thereof; irrespective of the fact that any one or more seotions, subsections, subdivisions, senterncos, clauses, phrases, words or portions tnerecf be declared invalid cr uneonstitutiona1. Section 6. +f£ective Date. The City Clerk shall certify as to the passage and adoption of this Ordinance. This ordnaatace shall take efrect ten (10) days following the date on which the Ciky Council of the City of Costa Mesa declares that this Ordinance was adopted by a m�jorhy of the voters vothtg on the mossure at the municipal election on November, Section i. Mrifority A rovl l ffective D, This ordinance shall be eflictive ordy if of approved by a majority voters at the noxt special or general election and shall go into cart on more than ninety days after the election, Sections. Competiuw!' Measu V. Competing Measures. in the event that this measure and another measure or measures relating to the taxation and regulation of madical marjuarnx shall appear on the same ballot, the provisions of the other rtaeastmes shall be decined to be in conflict with this measure. In the event that this measure shall receive a greater number of a5smntive votes, the provisions ofthis rneasure shall Prevail in their entirety, and the provisions of the other relating to the taxation and regulation of owdioal mrjua,na shall be null and void. Section 9.. Special or GeUi L41 election. 'Mis inftkltive Measure shall be set for a. spocial or general election at the earliest thane allowed by law.