Preview
Steven G. Churchwell (SBN 110346) Fili Fee Ext
Douglas L. White (SBN 206705) (Gov. Code § 6103)
Nubia I. Goldstein (SBN 272305) E-FILED
J. Scott Miller (SBN 256476) 5/13/2020 10:54 AM
CHURCHWELL WHITE LLP Superior Court of California
1414 K Street, 3rd Floor County of Fresno
Sacramento, CA 95814. By: Louana Peterson, Deputy
(916) 468-0950 Phone
(916) 468-0951 Fax
steve@churchwellwhite.com.
Todd Noonan (SBN 172962)
NOONAN LAW GROUP
980 9th Street, 16th Floor
Sacramento, Califomia 95814.
(916) 449-9541 Phone
Todd@noonanlawgroup.com.
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11 Attomeys for Plaintiffs
COUNTY OF SANTA CRUZ, et al
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF FRESNO
15 COUNTY OF SANTA CRUZ; CITY OF Case No.: 19CECG01224
AGOURA HILLS; CITY OF ANGELS CAMP;
16 CITY OF ARCADIA; CITY OF ATWATER;
CITY OF BEVERLY HILLS; CITY OF CERES;
17 CITY OF CLOVIS; CITY OF COVINA; CITY | REQUEST FOR JUDICIAL NOTICE,
OF DIXON; CITY OF DOWNEY; CITY OF EXHIBITS VOLUME 1 (EXHIBITS 1-10)
18 MCFARLAND; CITY OF NEWMAN; CITY OF|
OAKDALE; CITY OF PALMDALE; CITY OF
19 PATTERSON; CITY OF RIVERBANK; CITY
OF RIVERSIDE; CITY OF SAN PABLO; CITY | Complaint filed: April 4, 2019
20 OF SONORA; CITY OF TEHACHAPI; CITY Trial Date: July 16, 2020
OF TEMECULA; CITY OF TRACY; CITY OF
21 TURLOCK; and CITY OF VACAVILLE, Assigned for all purposes to Judge Rosemary
MoGuire,
22 Plaintiffs,
23 Vv.
24 BUREAU OF CANNABIS CONTROL; LORI
AJAX, in her official capacity as Chief of the
25 Bureau of Cannabis Control; and DOES 1
through 10, inclusive,
26
Defendants.
27
28
1
Churchwell White Request forJudicial Notice
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12
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14
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16
17
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EXHIBIT 1
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Churchwell White EXHIBIT
7.130.010 CANNABIS DISPENSARY LICENSES
Chapter 7.130
CANNABIS DISPENSARY LICENSES.
Sections:
7.130.010 Purpose.
7.130.030 Definitions.
7.130.050 Prohibited activities.
7.130.070 Creation of the Cannabis Dispensary Licensing Program.
.
7.130.090 ense category, application submission dates, and eligibi
7.130.110 ‘ense required.
7.130.130 Enforcement.
7.130.010 Purpose.
The purpose of this chapter is to provide local rules to regulate cannabis dispensaries in the unincorporated area of Santa
Cruz County.
It is also the purpose of this chapter to mitigate the negative impacts and secondary effects associated with ongoing
cannabis activities including, but not limited to, demands placed on law enforcement and administrative resources; neigh-
borhood disruption; the exposure of children to cannabis; drug sales to minors and adults; fraud in issuing, obtaining, or
using cannabis recommendations; robberies; burglaries; assaults; drug trafficking and other violent crimes.
This chapter is not intended to conflict with Federal or State law. It is the intention of the County that this chapter be
interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes that those enact-
ments encompass. [Ord. 5257 § 1, 2017; Ord. 5227§ 1, 2016].
7.130.030 Definitions.
As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this
section:
(A) “Applicant” means the person or entity submitting an application for a dispensary license under this chapter on
behalf of the owner or owners of the dispensary seeking to be licensed.
(B) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, as
defined under Business and Professions Code Section 19300.5(f), as may be amended.
(C) “Cannabis plant” means any mature or immature cannabis plant, or any cannabis seedling, unless otherwise spe-
cifically provided herein.
(D) “Cultivation” or Koycl ultivate” means the planting, growing, developing, propagating, harvesting, drying, processing,
or storage of, one or more cannabis plants or any part thereof in any location, indoor or outdoor, including within a fully
enclosed and secure building.
(E) “Dispensary” means a fixed brick-and-mortar storefront location that sells cannabis. “Dispensary” does not
include the following:
(1) Any location during only that time reasonably required for a primary caregiver to distribute, deliver, dispense,
or give away cannabis to a qualified patient or person with an identification card who has designated the individual as a
primary caregiver, for the personal medical use of the qualified patient or person with an identification card, in accordance
with California Health and Safety Code Section 11362.5 and 11362.7 et seq.;
(2) The location of any clinic licensed pursuant to Chapter | (commencing with Section 1200), a health care facility
licensed pursuant to Chapter 2 (commencing with Section 1250), a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01), a residential care facility for
the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), a hospice, or a home health agency licensed
pursuant to Chapter 8 (commencing with Section 1725), all of Division 2 of the California Health and Safety Code where:
(a) a qualified patient or person with an identification card receives medical care or supportive services, or both, from the
clinic, facility, hospice, or home health agency, and (b) the owner or operator, or one of not more than three employees
designated by the owner or operator, of the clinic, facility, hospice, or home health agency has been designated as a pri-
mary caregiver pursuant to California Health and Safety Code Section 11362.7(d) by that qualified patient or person with
an identification card; or
(Santa Cruz County Supp. No. 9, 5-19) 7-212.4
SANTA CRUZ COUNTY CODE 7.130.070
(3) A cultivation site granted an exemption by the Planning Director pursuant to SCCC 13.10.670(G) as enacted
by Ordinance No. 5090 (now repealed), so long as the area subject to cultivation is not expanded or enlarged beyond what
existed at that location on January 1, 2012.
(F) “Level one dispensary license” means the license issued to a level one dispensary.
(G) “License” means the written evidence of permission given by the Licensing Official for a licensee to operate a
dispensary. “License” does not mean “permit” within the meaning of the Permit Streamlining Act, and a license does not
constitute a permit that runs with the land on which the dispensary sits.
(H) “Licensee” means the person or entity holding a valid license to operate a cannabis dispensary under this chapter.
@ “Licensing Official” means the official appointed by the County Administrative Officer who is responsible for
implementing the provisions of this chapter.
0) “Manager” means any person to whom a dispensary has delegated discretionary powers to organize, direct, carry
on or control its operations. Authority to control one or more of the following functions shall be prima facie evidence that
such a person is a manager of the business: (1) to disburse funds of the business other than for the receipt of regularly
replaced items of stock; or (2) to make, or participate in making, policy decisions relative to operations of the business.
(K) “CDL program” means the cannabis dispensary licensing program created by this chapter.
(L) “Parcel” means that unit of land assigned a unique Assessor’s Parcel Number by the County Assessor, whether
vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards,
open spaces, lot width, and lot area.
(M) “Park” means any playground, hiking or riding trail, recreational area, beach, community center or building, his-
toric structure or facility, owned, managed or controlled by any public entity.
(N) “Owner” or “owners” means all persons or entities holding a financial interest in a cannabis dispensary. For pur-
poses of this definition, the term “financial interest” does not include a security interest, lien, or encumbrance on property.
(1) Ifthe owner is an entity, “owner” includes within the entity each person participating in the direction, control,
or management of the dispensary, including but not limited to a corporate officer or a member of the board of directors.
(2) If the owner is a publicly traded company, “owner” means the chief executive officer in addition to anyone
holding a financial interest in the dispensary.
(O) “School” means any licensed preschool or any public or private school providing instruction in kindergarten or
grades | to 12, inclusive, but does not include any private school in which education is primarily conducted in private
homes.
(P) “Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a street, side-
walk or waterway, including but not limited to a device moved exclusively by human power.
(Q) The following words or phrases when used in this section shall be construed as defined in California Health and
Safety Code Section 11362.7: “identification card”; “person with an identification car po. 5 66 ‘primary caregiver”; and “qual-
ified patient.” [Ord. 5257 § 1, 2017; Ord. 5227§ 1, 2016].
7.130.050 Prohibited activities.
(A) It is unlawful and shall constitute a public nuisance for anyone to own, establish, operate, use, or permit the estab-
lishment or operation ofa dispensary without (1) a valid local license required by this chapter; and (2) a valid State license
required under California law (as soon as State licenses become available for issuance).
(B) The prohibition in subsection (A) of this section includes renting, leasing, or otherwise permitting a dispensary to
occupy or use a location.
(C) It is unlawful and shall constitute a public nuisance for anyone other than a locally licensed dispensary to engage
in retail sales of cannabis, including mobile delivery of cannabis purchased by consumers online or over the telephone.
[Ord. 5277 § 1, 2018; Ord. 5257 § 1, 2017; Ord. 5227 § 1, 2016].
7.130.070 Creation of the cannabis dispensary licensing program.
(A) There is hereby created the cannabis dispensary licensing program. The CDL program shall be operated by the
Licensing Official. The Licensing Official shall be appointed by the County Administrative Officer and shall report
directly to the County Administrative Officer.
(B) The Licensing Official shall take the necessary steps to build and manage the CDL program. This includes, but is
not limited to, accomplishing the following tasks in compliance with the rules set forth in this chapter:
(1) Creating application forms for licensees;
(2) Conducting pre-licensure inspections;
(3) Approving and denying license applications;
7-212.5 (Santa Cruz County Supp. No. 9, 5-19)
7.130.070 CANNABIS DISPENSARY LICENSES
(4) Issuing and revoking licenses;
(5) Creating a system on the County’s website to communicate the number of licenses issued and notifying the pub-
lic as to whether applications for licenses are being accepted;
(Santa Cruz County Supp. No. 9, 5-19) 7-212.6
SANTA CRUZ COUNTY CODE 7.130.110
(6) Establishing and/or recommending the adoption of any policies, procedures, rules, regulations, or fees neces-
sary to implement the CDL program; and
(7) Working with other officials in the County to ensure that licensees comply with all aspects of the County Code.
[Ord. 5257§ 1, 2017; Ord. 5227§ 1, 2016].
7.130.090 License category, application submission dates, and eligibility.
(A) The license created under this chapter is the level one dispensary license.
(B) Acceptance of applications for an original level one dispensary license shall open on September 1, 2016, and close
on November 30, 2016. After November 30, 2016, no additional applications for an original level one dispensary license
shall be accepted.
Exception: This restriction shall not apply to the Santa Cruz Veterans Alliance. The Santa Cruz Veterans Alliance shall
be permitted to submit an application until June 1, 2017.
(C) The following dispensaries are the only dispensaries eligible to apply for a level one dispensary license. These dis-
pensaries may only apply fora license to operate on the parcel at which they are currently operating a dispensary. Requests
by a level one dispensary licensee to change locations to a new parcel will be addressed by the Licensing Official on a
case-by-case basis, considering all the requirements of this chapter. However, level one dispensaries shall not be allowed
to move to a new parcel unless the new parcel meets all the requirements of this chapter.
(1) Capitola Healing Association;
(2) Central Coast Wellness Center;
(3) Creekside Collective;
(4) Evolution;
(5) Granny Purps;
(6) Green Acres;
(7) Herbal Cruz;
(8) California A gricultural Association;
(9) KindPeoples Collective;
(10) Redwood Coast Collective;
(11) Santa Cruz Mountain Herb;
(12) Santa Cruz Mountain Naturals;
(13) Therapeutic Healthcare Collective;
(14) Santa Cruz Veterans Alliance.
(D) Submission of an application fora level one dispensary license does not guarantee issuance of a license. [Ord. 5257
§ 1, 2017; Ord. 5243 §§ 1, 2, 2017; Ord. 5227§ 1, 2016].
7.130.110 License required.
(A) Original License.
(1) Submission of the Application. An application for an original license under this chapter shall be made on the
forms designated for that purpose promulgated by the Licensing Official, and shall include all required information, attach-
ments, and signatures required by the Licensing Official. The forms shall be submitted under penalty of perjury, and shall
include, but not be limited to, the following information:
(a) The names of the applicant(s) and owner(s);
(b) The exact location by street address and Assessor Parcel Number of the existing dispensary;
(c) The applicants’ and owners’ waiver and release of the County from any and all liability for monetary dam-
ages related to or arising from the application for a license, the issuance of the license, the denial of the license, or the
enforcement of the conditions of the license;
(d) Background information to be determined by the Licensing Official, including but not limited to a statement
that the applicant(s) and owner(s) have submitted to a LiveScan background check no earlier than 30 days prior to the date
the application is submitted;
(e) Tax identification information;
(f) Security plans; and
(g) Such other information as the Licensing Official deems reasonably necessary to a thorough review of the
application.
7-213 (Santa Cruz County Supp. No. 8, 5-18)
7.130.110 CANNABIS DISPENSARY LICENSES
(2) Payment of the A pplication Fee. An application fora license hereunder shall not be accepted unless it is accom-
panied by the payment of a nonrefundable application fee set by the Licensing Official and approved by the Board of
Supervisors. The purpose of any and all fees assessed under this chapter is to pay for the costs of the CDL program.
(3) Review of the Application.
(a) Upon receipt of an application for an original license, the Licensing Official will create a licensing file
related to the application, and will conduct an actual inspection of the dispensary to determine whether it meets the require-
ments of the CDL program. The Licensing Official shall be the custodian of the licensing file. The licensing file is subject
to the California Public Records Act.
(b) Meeting the requirements of the CDL program does not automatically entitle an applicant to receive a
license.
(4) Grant or Denial of the License. A fter concluding the required prelicense investigation, the Licensing Official
shall notify the applicant in writing whether the license has been granted or denied. If an application for a level one dis-
pensary license is denied, any further nonlicensed dispensary operations may only be carried out in accordance with the
limitations set forth in subsection (H)(3) of this section.
(5) Payment of the License Fee. An original license shall not be granted to an applicant under this chapter until the
applicant has paid a nonrefundable original license fee as set by the Licensing Official and approved by the Board of
Supervisors.
(6) Length of Time the Original License Is Valid. An original level one dispensary license shall be valid from the
date it is issued until December 31, 2017. If a licensee wishes to continue operating a dispensary after December 31, 2017,
he or she must obtain a renewal license, as set forth below in subsection (B) of this section.
(B) Renewal License.
(1) Requirement to Obtain a Renewal License. In order to continue operating a dispensary after expiration of the
original license, a licensee must obtain a renewal license before the original license expires. A renewal license must be
obtained annually via application forms designated for that purpose. It is incumbent on the holder of a license to ensure
that the license is renewed before expiration, in order to continue dispensing cannabis after December 31st of the year the
renewal license expires.
(2) Submission of the Renewal License A pplication.
(a) An application for a renewal license shall be made on the forms designated for that purpose promulgated by
the Licensing Official, and shall include all required information, attachments, and signatures required by the Licensing
Official. The forms shall be submitted under penalty of perjury, and shall include, but not be limited to, the following infor-
mation:
(i) The information required for the submission of an original license under subsection (A) of this section;
(ii) Identification of any changes to the information the applicant submitted on the original license applica-
tion;
(iii) Any law enforcement or license enforcement activity related to the licensee’s operations during the past
calendar year;
(iv) A representation that the applicant continues to hold in good standing any license required by the State
of California for dispensary operations;
(v) Such other information as the Licensing Official deems reasonably necessary to a thorough review of the
application.
(b) Renewal license applications will be accepted starting in the year 2017. In 2017, applications for a renewal
license shall be accepted during the time frame determined by the Licensing Official. For all future years, applications for
a renewal license shall only be accepted from September 1st through October 15th of any calendar year, in order to allow
the Licensing Official to timely investigate the renewal license applications submitted for that calendar year. The Licens-
ing Official is not authorized to accept an untimely renewal license application.
(3) Payment of the Renewal License A pplication Fee. An application for a renewal license shall be accompanied
by the payment of a nonrefundable renewal license application fee set by the Licensing Official and approved by the Board
of Supervisors.
(4) Review of the Renewal License A pplication. Upon receipt of an application fora renewal license, the Licensing
Official shall update the licensee’s licensing file and perform whatever investigation the Licensing Official deems neces-
sary to determine whether to grant or deny the renewal license. The investigation may include a physical inspection of the
dispensary, at the discretion of the Licensing Official, to determine whether the licensee remains in compliance with the
regulations of the CDL program.
(Santa Cruz County Supp. No. 8, 5-18) 7-214
SANTA CRUZ COUNTY CODE 7.130.110
(5) Grant or Denial of the Renewal License. On or before December 31st of the year in which the renewal appli-
cation is submitted, and after concluding the required renewal license investigation, the Licensing Official shall notify the
applicant in writing of whether the renewal license has been granted or denied. If an application for a renewal license is
denied, any further nonlicensed dispensary operations may only be carried out in accordance with the limitations set forth
in subsection (H)(3) of this section.
(6) Payment of the Renewal License Fee. A renewal license shall not be granted to the applicant under this chapter
until the applicant has paid a nonrefundable renewal license fee as set by the Licensing Official and approved by the Board
of Supervisors.
(7) Length of Time the Renewal License Is Valid. The renewal license shall be valid for one calendar year, begin-
ning January Ist of the year following issuance, and expiring on December 31st of that year. Ifa licensee wishes to con-
tinue operating a dispensary after December 31st of that year, it must obtain a new renewal license per the terms of this
section.
(C) Amending a License.
(1) Licensees may submit an application to amend an existing license at any time, on a form promulgated by the
Licensing Official for that purpose. Applications to amend a license will be reviewed by the Licensing Official in a manner
consistent with the review of original and renewal license applications.
(2) Applicants seeking an amended license must include with their application a monetary deposit, to be deter-
mined by the Licensing Official or his or her designee, based on an estimate of the hours the Licensing Official will need
to review the application and perform any necessary inspections. Additional deposits or payments shall be made as deter-
mined necessary by the Licensing Official in order to recover costs associated with processing the application.
(D) Required Statements on Licenses. All licenses issued by the Licensing Official shall contain the signature of the
owner(s) of the license. In addition, all licenses shall contain the following statements, displayed prominently on the
license itself:
(1) A warning that operators, employees, and members of cannabis dispensaries may be subject to prosecution
under Federal laws; and
(2) An acknowledgment that, by accepting the license and operating a cannabis dispensary, the applicant and own-
ers of the licensed facility have released the County from any and all liability for monetary damages related to or arising
from the application for a license, the issuance of the license, the enforcement of the conditions of the license, or the revo-
cation of the license; and
(3) Any other statements deemed necessary by the Licensing Official.
(E) Restrictions Relating to the Issuance ofa License.
(1) No license may be issued to operate a dispensary unless the dispensary is located in a zone district designated
as PA (Professional and Administrative Offices), C-1 (Neighborhood Commercial), C-2 (Community Commercial), C-4
(Commercial Services), or CT (Tourist Commercial) by the Santa Cruz County Zoning Ordinance.
(2) No license may be issued to operate a dispensary located within 600 feet from (a) a school; (b) another cannabis
dispensary; or (c) an alcohol or drug treatment facility. The distance specified in this subsection shall be the horizontal
distance measured in a straight line from the property line of the school or other dispensary to the closest property line of
the lot containing the dispensary under review, without regard to intervening structures. The distance requirements set
forth in this subsection shall not apply to those licensed health care and other facilities identified in California Health and
Safety Code Section 11362.7(d)(1); or a dispensary that is in violation of the distance requirement of this subsection as a
result of the establishment ofa conflicting use (a school or other dispensary) after the date on which the State Board of
Equalization issued a seller’s permit to the dispensary for its location.
(3) No license may be issued to operate a dispensary within 300 feet of any parcel zoned RA (Single-Family Res-
idential and Agriculture); RR (Single-Family Residential, Rural); R-1 (Single-Family Residential, Urban/Rural); RB (Sin-
gle-Family Residential, Oceanfront/Urban); or RM (Multiple-Family Residential). The distance specified in this section
shall be the horizontal distance measured in a straight line from the property line of the residentially zoned property to the
closest property line of the lot on which the dispensary is to be located. This prohibition shall not apply to level one dis-
pensaries operating in a location occupied on January 1, 2016.
(F) Mobile Delivery of Cannabis by Dispensaries.
(1) Holders ofa level one dispensary license may deliver cannabis to cannabis consumers off-premises via mobile
delivery services, subject to the provisions of this section. Only locally licensed dispensaries may engage in mobile deliv-
ery of cannabis.
7-215 (Santa Cruz County Supp. No. 9, 5-19)
7.130.110 CANNABIS DISPENSARY LICENSES
(2) Dispensaries that engage in mobile deliveries shall keep complete and appropriate financial records enabling
audit of all transactions accomplished via mobile delivery, and shall be able to distinguish between, and account for, sales
between the categories of on-site sales versus mobile delivery sales for accounting purposes.
(3) Dispensaries that engage in mobile deliveries are prohibited from having any advertisement of their business
or services on their delivery vehicles.
(G) Grounds For License Revocation. Grounds for revocation ofa license include, but are not limited to, any of the
following:
(1) Remaining open and/or operating between the hours of 10:00 p.m. and 8:00 a.m.
(2) Allowing alcohol or cannabis to be consumed at the premises (“premises,” for purposes of this subsection,
includes any area used for parking any vehicle).
(a) Exception: Dispensary employees are allowed to consume cannabis (but not smoke it) within the dispensary
itself, as permitted by their employer.
(3) Allowing a minor unaccompanied by a parent or legal guardian to enter the premises.
(4) Allowing a person less than 21 years of age to transport, distribute, deliver, dispense, or give away cannabis on
behalf of the business.
(5) Allowing cannabis to be visible from the exterior of the premises.
(6) Illuminating any portion of the dispensary between the hours of 10:00 p.m. and 8:00 a.m. by lighting that is
visible from the exterior of the premises, except such lighting as is reasonably utilized for the security of the premises.
(7) Failure by an applicant or owner ofa dispensary to successfully pass the background check required by the
Licensing Official, including but not limited to successfully passing the LiveScan background check conducted annually
before the submission of an application for an original or renewal license.
A failed LiveScan is a LiveScan report that includes any felony conviction within the past 10 years and/or reflects
that the applicant or owner is currently on parole or probation related to a felony conviction. Felony convictions for can-
nabis-related offenses prior to January 1, 2016, will not result in a failed LiveScan, unless the offense involved sales to a
minor.
(8) Providing an on-site location for physicians or medical professionals to write recommendations for medical
cannabis.
(9) Failing to provide litter and graffiti removal services for the business premises on a daily basis.
(10) Failure to provide adequate security precautions at all times, including, but not limited to, dedicated security
personnel present during the dispensary’s hours of operation.
(11) Printing, publishing, advertising, or disseminating in any way or by any means of communication, or causing
to be printed, published, advertised, or disseminated in any way or by any means of communication, other than by way of
a dedicated business Internet website accessible only through an age gate portal, any notice or advertisement that includes
the following information: pricing of cannabis, details regarding specific cannabis products, or cannabis photography or
graphics related to the cannabis plant or cannabis products.
Notwithstanding the limitations imposed by this subsection (G)(11), a dispensary may provide the following: an
entry in the telephone directory with the name, location, and phone number of the dispensary; or signage consistent with
County signage regulations. Such directory entry or signage may identify the business as a “cannabis dispensary,” but shall
not include pricing of cannabis, details regarding specific cannabis products, or cannabis photography or graphics related
to the cannabis plant or cannabis products.
(12) Three or more citations for violation of Chapter 8.30 SCCC (Noise) within a single year.
(13) Possession, storage, or use of any firearm at the dispensary.
(14) Violation of any of the restrictions relating to the issuance of a license as set forth in this chapter.
(15) Violation of any Santa Cruz County Code provision related to the cultivation of cannabis, including but not lim-
ited to any provision in Chapter 7.128 SCCC.
(16) Failure to cooperate with a financial audit by the County of Santa Cruz of any and all aspects of the dispensary’s
business, including but not limited to on-site inspection and review of financial transactions, sales records, payroll and
employee records, purchase orders, overhead expense records, shipping logs, receiving logs, waste disposal logs, bank
statements, credit card processing statements, inventory records, tax records, lease agreements, supplier lists, supplier
agreements, policies and procedures, and examination of all financial books and records held by the dispensary in the nor-
mal course of business.
(17) Failure to timely remit the taxes required to be paid under Chapter 4.06 SCCC (Cannabis Business Tax).
(18) Violation of any Santa Cruz County Code provision or State law related to the extraction of cannabis oils, res-
ins, or other compounds from cannabis plants.
(Santa Cruz County Supp. No. 9, 5-19) 7-216
SANTA CRUZ COUNTY CODE 7.130.130
(19) Violation of any Santa Cruz County Code provision or State law related to the cannabis business activity,
including any provision of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”).
(20) Violation of any administrative rule or regulation promulgated by the Licensing Official.
(H) Denial or Revocation of License; Remedies.
(1) The Licensing Official may deny an application for an original or renewal license, or revoke an original or
renewal license, for any of the following reasons:
(a) Discovery of untrue statements submitted on a license application.
(b) Revocation or suspension of any State license required to operate a dispensary.
(c) Previous violation by the applicant of any provision of the Santa Cruz County Code or State law related to
operation of a dispensary or cultivation, transportation, extraction, or manufacture of cannabis or cannabis products.
(d) Operation of a dispensary in a manner contrary to any of the conditions set forth in subsection (E) of this
section, Restrictions Relating to the Issuance ofa License, or subsection (G) of this section, Grounds For License Revo-
cation.
(ec) The applicant or owner failed his or her last annual LiveScan background check.
(f) The creation or maintenance of a public nuisance.
(2) The Licensing Official’s denial of a license application or revocation of a license is a final action that is not
subject to any further administrative remedy. The only legal remedy available to appeal the Licensing Official’s action is
to file a petition for writ of mandate in the superior court under California Code of Civil Procedure Section 1085.
(3) Ifan application for an original or renewal license is denied, or ifa license is revoked, all operations associated
with the dispensary shall cease immediately, subject to the following exception:
If the applicant or operator is currently operating a dispensary, and the applicant or operator files a petition with the
superior court challenging the Licensing Official’s denial or revocation decision within 30 days of the date the decision is
issued, the applicant or operator may continue to operate the dispensary for 90 days from the date the Licensing Official’s
decision was issued. Any dispensary operations that occur after the 90 days has elapsed may only be conducted with a
valid local license.
(4) Under no circumstances shall a cause of action for monetary damages be allowed against the County of Santa
Cruz, the Licensing Official, or any County employee as a result ofa denial or a revocation of a license. [Ord. 5277 § 2,
2018; Ord. 5257 § 1, 2017; Ord. 5227§ 1, 2016].
7.130.130 Enforcement.
(A) In addition to the authority of the Licensing Official to revoke any license pursuant to this chapter, the Licensing
Official may also elect to pursue one or more of those alternatives set forth in SCCC 19.01.030(A). It shall be a separate
offense for each and every day during any portion of which any violation of, or failure to comply with, any provision of
this chapter is committed, continued or permitted.
(B) Notwithstanding the limitations on civil penalties set forth in SCCC 1.12.070(A)(2), civil penalties for violation
of this chapter shall be assessed as follows:
(1) A fine not exceeding $2,500 for a first violation.
(2) A fine not exceeding $5,000 for a second violation of the same County code provision within one year.
(3) A fine not exceeding $7,500 for each additional violation of the same County code provision within one year.
(C) Whenever the Licensing Official determines that a public nuisance as defined in this chapter exists at any location
within the unincorporated area of Santa Cruz County, he or she is authorized to issue a notice of violation pursuant to
SCCC 1.12.070. However, a violator shall be provided with seven calendar days from notice of the violation to correct the
violation before the imposition of civil penalties under SCCC 1.12.070(D)(2)(a).
(D) Nothing in this chapter shall be construed as imposing on the Licensing Official or the County of Santa Cruz any
duty to issue a notice of violation, nor to abate any unlawful cannabis business activity, nor to take any other action with
regard to any unlawful cannabis business activity, and neither the Licensing Official nor the County shall be held liable
for failure to issue an order to abate any unlawful cannabis business activity, nor for failure to abate any unlawful cannabis
business activity, nor for failure to take any other action with regard to any unlawful cannabis business activity. [Ord. 5257
§ 1, 2017; Ord. 5227 § 1, 2016].
7-217 (Santa Cruz County Supp. No. 9, 5-19)
7.134.010 PERSONAL CULTIVATION OF CANNABIS FOR NONCOMMERCIAL RECREATIONAL USE
Chapter 7.134
PERSONAL CULTIVATION OF CANNABIS FOR NONCOMMERCIAL RECREATIONAL USE
Sections:
7.134.010 Purpose.
7.134.030 Definitions.
7.134.050 Prohibited activities.
7.134.070 Restrictions related to personal cultivation of cannabis for noncommercial recreational uses.
7.134.090 Enforcement.
7.134.010 Purpose.
The purpose of this chapter is to provide, pursuant to California Health and Safety Code Section 11362.2, rules to reg-
ulate the noncommercial cultivation of the six living cannabis plants authorized to be grown under California Health and
Safety Code Section 11362.1.
It is also the purpose of this chapter to mitigate the negative impacts and secondary effects associated with the cultiva-
tion of cannabis including, but not limited to, demands placed on law enforcement and administrative resources; neigh-
borhood disruption; the exposure of children to cannabis; drug sales to minors and adults; robberies; burglaries; assaults;
and other violent crimes.
This chapter is not intended to conflict with State law. It is the intention of the County that this chapter be interpreted
to be compatible with State enactments and in furtherance of the public purposes that those enactments encompass. [Ord.
5242
§ 1, 2017].
7.134.030 Definitions.
As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this
section:
(A) “Cannabis” means all parts of the plant Cannabis sativa L., as defined under the California Adult Use of Marijuana
Act at Health and Safety Code Section 11018, as may be amended.
(B) “Cannabis plant” means any mature or immature cannabis plant, or any cannabis seedling, unless otherwise spe-
cifically provided herein.
(C) “Cultivation” or “cultivate” means the planting, growing, developing, propagating, harvesting, drying, and pro-
cessing of cannabis plants or any part thereof.
(D) “Enclosure” means an area fully surrounded by a fence, wall, or other solid barrier that prevents access to cannabis.
Enclosures must be equipped with a locked gate or door.
(E) “Private residence” means a house, apartment unit, mobile home, or other similar dwelling. [Ord. 5242 § 1, 2017].
7.134.050 Prohibited activities.
It is unlawful and shall constitute a public nuisance for any person to cultivate cannabis for his or her personal, non-
commercial, recreational use in violation of the provisions of this chapter. [Ord. 5242 § 1, 2017].
7.134.070 Restrictions related to personal cultivation of cannabis for noncommercial recreational uses.
The following restrictions apply to any person who cultivates cannabis for his or her personal, noncommercial, recre-
ational use:
(A) No more than six cannabis plants may be cultivated at any one time at a single private residence.
(B) Cultivation may only take place inside a structure or enclosure existing on the grounds of a private residence
(structure, for purposes of this chapter, includes an ancillary structure such as a prefabricated shed or greenhouse).
(C) Any structure or enclosure used for cannabis cultivation must be kept locked and secured to prevent unauthorized
entry.
(D) The private residence containing the cannabis plants must be occupied by, and the cannabis plants must be culti-
vated by, a person 21 years of age or older.
(E) Cannabis plants must not be visible with normal unaided vision from a public place. [Ord. 5242 § 1, 2017].
(Santa Cruz County Supp. No. 9, 5-19) 7-218
SANTA CRUZ COUNTY CODE 7.134.090
7.134.090 Enforcement.
(A) The County may pursue one or more of those alternatives set forth in SCCC 19.01.030(A) to enforce this chapter.
It shall be a separate offense for each and every day during any portion of which any violation of, or failure to comply
with, any provision of this chapteris committed, continued or permitted.
(B) Notwithstanding the limitations on civil penalties set forth in SCCC 1.12.070(A)(2), civil penalties for violation
of this chapter shall be assessed as follows:
(1) A fine not exceeding $500.00 for a first violation.
(2) A fine not exceeding $1,000 fora second violation of the same County Code provision within one year.
(3) A fine not exceeding $2,500 for each additional violation of the same County Code provision within one year.
(C) Whenever the County determines that a public nuisance as defined in this chapter exists at any location within the
unincorporated area of Santa Cruz County, the County is authorized to issue a Notice of Violation pursuant to SCCC
1.12.070.
(D) Nothing in this chapter shall be construed as imposing on the County of Santa Cruz any duty to issue a notice of
violation, nor to abate any unlawful cannabis activity, nor to take any other action with regard to any unlawful cannabis
activity, and the County shall not be held liable for failure to issue an order to abate any unlawful cannabis activity, nor
for failure to abate any unlawful cannabis activity, nor for failure to take any other action with regard to any unlawful can-
nabis activity. [Ord. 5242 § 1, 2017].
IHEREBY CERTIFY THAT THE FOREGOING INSTRUMENT IS A
CORRECT COPY OF THE ORIGINAL ON FILE IN THE OFFICE.
ATTEST MY HAND AND SEAL
THis 9th DAY OF April , 2020
CARLOS J PALACIOS, COUNTY ADMINISTRATIVE OFFICER AND|
EX-OFFICIO CLERK OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SANTA CRUZ, CALIFORNIA.
BY , DEPUTY
7-219 (Santa Cruz County Supp. No. 8, 5-18)
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EXHIBIT 2
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Churchwell White EXHIBIT
CITY OF
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AGQ@OURA HILLS
Office of the City Clerk
30001 Ladyface Court
Agoura Hills, CA 91301
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
CITY OF AGOURA HILLS )
{, Kimberly M. Rodrigues, City Clerk of the City of Agoura Hills, California, do
hereby certify that the attached nine (9) pages of Ordinance No. 17-429; An Ordinance
of the City Council of the City of Agoura Hills, California Amending Division 10 (Medical
Marijuana Dispensaries Prohibited) of Part 2 (Special Regulations) of Chapter 6
(Regulatory Provisions) of Article IX (Zoning) of the Agoura Hills Municipal Code to Clarify
that All Commercial Marijuana Activity for Medical, Non-Medical, and Any Other Purpose,
is Prohibited in All Zones in the City, and to Allow Limited Indoor Marijuana Cultivation
Consistent with State Law, and Deleting Section 4125 of the Agoura Hills Municipal Code,
and Making A Finding of Exemption from CEQA under Section 15061 (B)(3) of the CEQA
Guidelines (Case No. Zoa-01326-2017); are a full, true and correct copy of the Ordinance
adopted by the City Council at its Regular Meeting held at 6:00 p.m. on Wednesday,
August 23, 2017, and is duplicate original of the ordinance on file and of record in the
Office of the City Clerk.
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Dated: March 4, 2020
ORDINANCE NO. 17-429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AGOURA
HILLS, CALIFORNIA AMENDING DIVISION 10 (MEDICAL MARIJUANA
DISPENSARIES PROHIBITED) OF PART 2 (SPECIAL REGULATIONS)
OF CHAPTER 6 (REGULATORY PROVISIONS) OF ARTICLE IX
(ZONING) OF THE AGOURA HILLS MUNICIPAL CODE TO CLARIFY
THAT ALL COMMERCIAL MARIJUANA ACTIVITY FOR MEDICAL,
NON-MEDICAL, AND ANY OTHER PURPOSE, IS PROHIBITED IN ALL
ZONES IN THE CITY, AND TO ALLOW LIMITED INDOOR MARIJUANA
CULTIVATION CONSISTENT WITH STATE LAW, AND DELETING
SECTION 4125 OF THE AGOURA HILLS MUNICIPAL CODE, AND
MAKING A FINDING OF EXEMPTION FROM CEQA UNDER SECTION
15061(b)(3) OF THE CEQA GUIDELINES (CASE NO. ZOA-01326-2017)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AGOURA HILLS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose.
A The City of Agoura Hills, California (the “City’) is a municipal
corporation, duly organized under the constitution and laws of the State of California.
B On October 9, 2015, Governor Brown signed Assembly Bill 243,
Assembly Bill No. 266, and Senate Bill 643 into law, which collectively were known as the
Medical Cannabis Regulation and Safety Act (hereinafter “MCRSA"). The MCRSA
established a State regulatory and licensing scheme for commercial medical marijuana
businesses.
Cc On November 8, 2016, California voters approved the Control,
Regulate and Tax Adult Use of Marijuana Act (“AUMA"). The AUMA adds Section
11362.1 to the California Health and Safety Code, which makes it “lawful under state and
local law’ for persons 21 years of age or older to “possess, process, transport, purchase,
obtain, or give away to persons 21 years of age or older without any compensation
whatsoever’ up to 28.5 grams of marijuana not in the form of concentrated cannabis or
up to eight grams of marijuana in the
Preview
Steven G. Churchwell (SBN 110346) Fili Fee Ext Douglas L. White (SBN 206705) (Gov. Code § 6103) Nubia I. Goldstein (SBN 272305) E-FILED J. Scott Miller (SBN 256476) 5/13/2020 10:54 AM CHURCHWELL WHITE LLP Superior Court of California 1414 K Street, 3rd Floor County of Fresno Sacramento, CA 95814. By: Louana Peterson, Deputy (916) 468-0950 Phone (916) 468-0951 Fax steve@churchwellwhite.com. Todd Noonan (SBN 172962) NOONAN LAW GROUP 980 9th Street, 16th Floor Sacramento, Califomia 95814. (916) 449-9541 Phone Todd@noonanlawgroup.com. 10 11 Attomeys for Plaintiffs COUNTY OF SANTA CRUZ, et al 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF FRESNO 15 COUNTY OF SANTA CRUZ; CITY OF Case No.: 19CECG01224 AGOURA HILLS; CITY OF ANGELS CAMP; 16 CITY OF ARCADIA; CITY OF ATWATER; CITY OF BEVERLY HILLS; CITY OF CERES; 17 CITY OF CLOVIS; CITY OF COVINA; CITY | REQUEST FOR JUDICIAL NOTICE, OF DIXON; CITY OF DOWNEY; CITY OF EXHIBITS VOLUME 1 (EXHIBITS 1-10) 18 MCFARLAND; CITY OF NEWMAN; CITY OF| OAKDALE; CITY OF PALMDALE; CITY OF 19 PATTERSON; CITY OF RIVERBANK; CITY OF RIVERSIDE; CITY OF SAN PABLO; CITY | Complaint filed: April 4, 2019 20 OF SONORA; CITY OF TEHACHAPI; CITY Trial Date: July 16, 2020 OF TEMECULA; CITY OF TRACY; CITY OF 21 TURLOCK; and CITY OF VACAVILLE, Assigned for all purposes to Judge Rosemary MoGuire, 22 Plaintiffs, 23 Vv. 24 BUREAU OF CANNABIS CONTROL; LORI AJAX, in her official capacity as Chief of the 25 Bureau of Cannabis Control; and DOES 1 through 10, inclusive, 26 Defendants. 27 28 1 Churchwell White Request forJudicial Notice 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 1 26 27 28 Churchwell White EXHIBIT 7.130.010 CANNABIS DISPENSARY LICENSES Chapter 7.130 CANNABIS DISPENSARY LICENSES. Sections: 7.130.010 Purpose. 7.130.030 Definitions. 7.130.050 Prohibited activities. 7.130.070 Creation of the Cannabis Dispensary Licensing Program. . 7.130.090 ense category, application submission dates, and eligibi 7.130.110 ‘ense required. 7.130.130 Enforcement. 7.130.010 Purpose. The purpose of this chapter is to provide local rules to regulate cannabis dispensaries in the unincorporated area of Santa Cruz County. It is also the purpose of this chapter to mitigate the negative impacts and secondary effects associated with ongoing cannabis activities including, but not limited to, demands placed on law enforcement and administrative resources; neigh- borhood disruption; the exposure of children to cannabis; drug sales to minors and adults; fraud in issuing, obtaining, or using cannabis recommendations; robberies; burglaries; assaults; drug trafficking and other violent crimes. This chapter is not intended to conflict with Federal or State law. It is the intention of the County that this chapter be interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes that those enact- ments encompass. [Ord. 5257 § 1, 2017; Ord. 5227§ 1, 2016]. 7.130.030 Definitions. As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (A) “Applicant” means the person or entity submitting an application for a dispensary license under this chapter on behalf of the owner or owners of the dispensary seeking to be licensed. (B) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, as defined under Business and Professions Code Section 19300.5(f), as may be amended. (C) “Cannabis plant” means any mature or immature cannabis plant, or any cannabis seedling, unless otherwise spe- cifically provided herein. (D) “Cultivation” or Koycl ultivate” means the planting, growing, developing, propagating, harvesting, drying, processing, or storage of, one or more cannabis plants or any part thereof in any location, indoor or outdoor, including within a fully enclosed and secure building. (E) “Dispensary” means a fixed brick-and-mortar storefront location that sells cannabis. “Dispensary” does not include the following: (1) Any location during only that time reasonably required for a primary caregiver to distribute, deliver, dispense, or give away cannabis to a qualified patient or person with an identification card who has designated the individual as a primary caregiver, for the personal medical use of the qualified patient or person with an identification card, in accordance with California Health and Safety Code Section 11362.5 and 11362.7 et seq.; (2) The location of any clinic licensed pursuant to Chapter | (commencing with Section 1200), a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250), a residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725), all of Division 2 of the California Health and Safety Code where: (a) a qualified patient or person with an identification card receives medical care or supportive services, or both, from the clinic, facility, hospice, or home health agency, and (b) the owner or operator, or one of not more than three employees designated by the owner or operator, of the clinic, facility, hospice, or home health agency has been designated as a pri- mary caregiver pursuant to California Health and Safety Code Section 11362.7(d) by that qualified patient or person with an identification card; or (Santa Cruz County Supp. No. 9, 5-19) 7-212.4 SANTA CRUZ COUNTY CODE 7.130.070 (3) A cultivation site granted an exemption by the Planning Director pursuant to SCCC 13.10.670(G) as enacted by Ordinance No. 5090 (now repealed), so long as the area subject to cultivation is not expanded or enlarged beyond what existed at that location on January 1, 2012. (F) “Level one dispensary license” means the license issued to a level one dispensary. (G) “License” means the written evidence of permission given by the Licensing Official for a licensee to operate a dispensary. “License” does not mean “permit” within the meaning of the Permit Streamlining Act, and a license does not constitute a permit that runs with the land on which the dispensary sits. (H) “Licensee” means the person or entity holding a valid license to operate a cannabis dispensary under this chapter. @ “Licensing Official” means the official appointed by the County Administrative Officer who is responsible for implementing the provisions of this chapter. 0) “Manager” means any person to whom a dispensary has delegated discretionary powers to organize, direct, carry on or control its operations. Authority to control one or more of the following functions shall be prima facie evidence that such a person is a manager of the business: (1) to disburse funds of the business other than for the receipt of regularly replaced items of stock; or (2) to make, or participate in making, policy decisions relative to operations of the business. (K) “CDL program” means the cannabis dispensary licensing program created by this chapter. (L) “Parcel” means that unit of land assigned a unique Assessor’s Parcel Number by the County Assessor, whether vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area. (M) “Park” means any playground, hiking or riding trail, recreational area, beach, community center or building, his- toric structure or facility, owned, managed or controlled by any public entity. (N) “Owner” or “owners” means all persons or entities holding a financial interest in a cannabis dispensary. For pur- poses of this definition, the term “financial interest” does not include a security interest, lien, or encumbrance on property. (1) Ifthe owner is an entity, “owner” includes within the entity each person participating in the direction, control, or management of the dispensary, including but not limited to a corporate officer or a member of the board of directors. (2) If the owner is a publicly traded company, “owner” means the chief executive officer in addition to anyone holding a financial interest in the dispensary. (O) “School” means any licensed preschool or any public or private school providing instruction in kindergarten or grades | to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. (P) “Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a street, side- walk or waterway, including but not limited to a device moved exclusively by human power. (Q) The following words or phrases when used in this section shall be construed as defined in California Health and Safety Code Section 11362.7: “identification card”; “person with an identification car po. 5 66 ‘primary caregiver”; and “qual- ified patient.” [Ord. 5257 § 1, 2017; Ord. 5227§ 1, 2016]. 7.130.050 Prohibited activities. (A) It is unlawful and shall constitute a public nuisance for anyone to own, establish, operate, use, or permit the estab- lishment or operation ofa dispensary without (1) a valid local license required by this chapter; and (2) a valid State license required under California law (as soon as State licenses become available for issuance). (B) The prohibition in subsection (A) of this section includes renting, leasing, or otherwise permitting a dispensary to occupy or use a location. (C) It is unlawful and shall constitute a public nuisance for anyone other than a locally licensed dispensary to engage in retail sales of cannabis, including mobile delivery of cannabis purchased by consumers online or over the telephone. [Ord. 5277 § 1, 2018; Ord. 5257 § 1, 2017; Ord. 5227 § 1, 2016]. 7.130.070 Creation of the cannabis dispensary licensing program. (A) There is hereby created the cannabis dispensary licensing program. The CDL program shall be operated by the Licensing Official. The Licensing Official shall be appointed by the County Administrative Officer and shall report directly to the County Administrative Officer. (B) The Licensing Official shall take the necessary steps to build and manage the CDL program. This includes, but is not limited to, accomplishing the following tasks in compliance with the rules set forth in this chapter: (1) Creating application forms for licensees; (2) Conducting pre-licensure inspections; (3) Approving and denying license applications; 7-212.5 (Santa Cruz County Supp. No. 9, 5-19) 7.130.070 CANNABIS DISPENSARY LICENSES (4) Issuing and revoking licenses; (5) Creating a system on the County’s website to communicate the number of licenses issued and notifying the pub- lic as to whether applications for licenses are being accepted; (Santa Cruz County Supp. No. 9, 5-19) 7-212.6 SANTA CRUZ COUNTY CODE 7.130.110 (6) Establishing and/or recommending the adoption of any policies, procedures, rules, regulations, or fees neces- sary to implement the CDL program; and (7) Working with other officials in the County to ensure that licensees comply with all aspects of the County Code. [Ord. 5257§ 1, 2017; Ord. 5227§ 1, 2016]. 7.130.090 License category, application submission dates, and eligibility. (A) The license created under this chapter is the level one dispensary license. (B) Acceptance of applications for an original level one dispensary license shall open on September 1, 2016, and close on November 30, 2016. After November 30, 2016, no additional applications for an original level one dispensary license shall be accepted. Exception: This restriction shall not apply to the Santa Cruz Veterans Alliance. The Santa Cruz Veterans Alliance shall be permitted to submit an application until June 1, 2017. (C) The following dispensaries are the only dispensaries eligible to apply for a level one dispensary license. These dis- pensaries may only apply fora license to operate on the parcel at which they are currently operating a dispensary. Requests by a level one dispensary licensee to change locations to a new parcel will be addressed by the Licensing Official on a case-by-case basis, considering all the requirements of this chapter. However, level one dispensaries shall not be allowed to move to a new parcel unless the new parcel meets all the requirements of this chapter. (1) Capitola Healing Association; (2) Central Coast Wellness Center; (3) Creekside Collective; (4) Evolution; (5) Granny Purps; (6) Green Acres; (7) Herbal Cruz; (8) California A gricultural Association; (9) KindPeoples Collective; (10) Redwood Coast Collective; (11) Santa Cruz Mountain Herb; (12) Santa Cruz Mountain Naturals; (13) Therapeutic Healthcare Collective; (14) Santa Cruz Veterans Alliance. (D) Submission of an application fora level one dispensary license does not guarantee issuance of a license. [Ord. 5257 § 1, 2017; Ord. 5243 §§ 1, 2, 2017; Ord. 5227§ 1, 2016]. 7.130.110 License required. (A) Original License. (1) Submission of the Application. An application for an original license under this chapter shall be made on the forms designated for that purpose promulgated by the Licensing Official, and shall include all required information, attach- ments, and signatures required by the Licensing Official. The forms shall be submitted under penalty of perjury, and shall include, but not be limited to, the following information: (a) The names of the applicant(s) and owner(s); (b) The exact location by street address and Assessor Parcel Number of the existing dispensary; (c) The applicants’ and owners’ waiver and release of the County from any and all liability for monetary dam- ages related to or arising from the application for a license, the issuance of the license, the denial of the license, or the enforcement of the conditions of the license; (d) Background information to be determined by the Licensing Official, including but not limited to a statement that the applicant(s) and owner(s) have submitted to a LiveScan background check no earlier than 30 days prior to the date the application is submitted; (e) Tax identification information; (f) Security plans; and (g) Such other information as the Licensing Official deems reasonably necessary to a thorough review of the application. 7-213 (Santa Cruz County Supp. No. 8, 5-18) 7.130.110 CANNABIS DISPENSARY LICENSES (2) Payment of the A pplication Fee. An application fora license hereunder shall not be accepted unless it is accom- panied by the payment of a nonrefundable application fee set by the Licensing Official and approved by the Board of Supervisors. The purpose of any and all fees assessed under this chapter is to pay for the costs of the CDL program. (3) Review of the Application. (a) Upon receipt of an application for an original license, the Licensing Official will create a licensing file related to the application, and will conduct an actual inspection of the dispensary to determine whether it meets the require- ments of the CDL program. The Licensing Official shall be the custodian of the licensing file. The licensing file is subject to the California Public Records Act. (b) Meeting the requirements of the CDL program does not automatically entitle an applicant to receive a license. (4) Grant or Denial of the License. A fter concluding the required prelicense investigation, the Licensing Official shall notify the applicant in writing whether the license has been granted or denied. If an application for a level one dis- pensary license is denied, any further nonlicensed dispensary operations may only be carried out in accordance with the limitations set forth in subsection (H)(3) of this section. (5) Payment of the License Fee. An original license shall not be granted to an applicant under this chapter until the applicant has paid a nonrefundable original license fee as set by the Licensing Official and approved by the Board of Supervisors. (6) Length of Time the Original License Is Valid. An original level one dispensary license shall be valid from the date it is issued until December 31, 2017. If a licensee wishes to continue operating a dispensary after December 31, 2017, he or she must obtain a renewal license, as set forth below in subsection (B) of this section. (B) Renewal License. (1) Requirement to Obtain a Renewal License. In order to continue operating a dispensary after expiration of the original license, a licensee must obtain a renewal license before the original license expires. A renewal license must be obtained annually via application forms designated for that purpose. It is incumbent on the holder of a license to ensure that the license is renewed before expiration, in order to continue dispensing cannabis after December 31st of the year the renewal license expires. (2) Submission of the Renewal License A pplication. (a) An application for a renewal license shall be made on the forms designated for that purpose promulgated by the Licensing Official, and shall include all required information, attachments, and signatures required by the Licensing Official. The forms shall be submitted under penalty of perjury, and shall include, but not be limited to, the following infor- mation: (i) The information required for the submission of an original license under subsection (A) of this section; (ii) Identification of any changes to the information the applicant submitted on the original license applica- tion; (iii) Any law enforcement or license enforcement activity related to the licensee’s operations during the past calendar year; (iv) A representation that the applicant continues to hold in good standing any license required by the State of California for dispensary operations; (v) Such other information as the Licensing Official deems reasonably necessary to a thorough review of the application. (b) Renewal license applications will be accepted starting in the year 2017. In 2017, applications for a renewal license shall be accepted during the time frame determined by the Licensing Official. For all future years, applications for a renewal license shall only be accepted from September 1st through October 15th of any calendar year, in order to allow the Licensing Official to timely investigate the renewal license applications submitted for that calendar year. The Licens- ing Official is not authorized to accept an untimely renewal license application. (3) Payment of the Renewal License A pplication Fee. An application for a renewal license shall be accompanied by the payment of a nonrefundable renewal license application fee set by the Licensing Official and approved by the Board of Supervisors. (4) Review of the Renewal License A pplication. Upon receipt of an application fora renewal license, the Licensing Official shall update the licensee’s licensing file and perform whatever investigation the Licensing Official deems neces- sary to determine whether to grant or deny the renewal license. The investigation may include a physical inspection of the dispensary, at the discretion of the Licensing Official, to determine whether the licensee remains in compliance with the regulations of the CDL program. (Santa Cruz County Supp. No. 8, 5-18) 7-214 SANTA CRUZ COUNTY CODE 7.130.110 (5) Grant or Denial of the Renewal License. On or before December 31st of the year in which the renewal appli- cation is submitted, and after concluding the required renewal license investigation, the Licensing Official shall notify the applicant in writing of whether the renewal license has been granted or denied. If an application for a renewal license is denied, any further nonlicensed dispensary operations may only be carried out in accordance with the limitations set forth in subsection (H)(3) of this section. (6) Payment of the Renewal License Fee. A renewal license shall not be granted to the applicant under this chapter until the applicant has paid a nonrefundable renewal license fee as set by the Licensing Official and approved by the Board of Supervisors. (7) Length of Time the Renewal License Is Valid. The renewal license shall be valid for one calendar year, begin- ning January Ist of the year following issuance, and expiring on December 31st of that year. Ifa licensee wishes to con- tinue operating a dispensary after December 31st of that year, it must obtain a new renewal license per the terms of this section. (C) Amending a License. (1) Licensees may submit an application to amend an existing license at any time, on a form promulgated by the Licensing Official for that purpose. Applications to amend a license will be reviewed by the Licensing Official in a manner consistent with the review of original and renewal license applications. (2) Applicants seeking an amended license must include with their application a monetary deposit, to be deter- mined by the Licensing Official or his or her designee, based on an estimate of the hours the Licensing Official will need to review the application and perform any necessary inspections. Additional deposits or payments shall be made as deter- mined necessary by the Licensing Official in order to recover costs associated with processing the application. (D) Required Statements on Licenses. All licenses issued by the Licensing Official shall contain the signature of the owner(s) of the license. In addition, all licenses shall contain the following statements, displayed prominently on the license itself: (1) A warning that operators, employees, and members of cannabis dispensaries may be subject to prosecution under Federal laws; and (2) An acknowledgment that, by accepting the license and operating a cannabis dispensary, the applicant and own- ers of the licensed facility have released the County from any and all liability for monetary damages related to or arising from the application for a license, the issuance of the license, the enforcement of the conditions of the license, or the revo- cation of the license; and (3) Any other statements deemed necessary by the Licensing Official. (E) Restrictions Relating to the Issuance ofa License. (1) No license may be issued to operate a dispensary unless the dispensary is located in a zone district designated as PA (Professional and Administrative Offices), C-1 (Neighborhood Commercial), C-2 (Community Commercial), C-4 (Commercial Services), or CT (Tourist Commercial) by the Santa Cruz County Zoning Ordinance. (2) No license may be issued to operate a dispensary located within 600 feet from (a) a school; (b) another cannabis dispensary; or (c) an alcohol or drug treatment facility. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school or other dispensary to the closest property line of the lot containing the dispensary under review, without regard to intervening structures. The distance requirements set forth in this subsection shall not apply to those licensed health care and other facilities identified in California Health and Safety Code Section 11362.7(d)(1); or a dispensary that is in violation of the distance requirement of this subsection as a result of the establishment ofa conflicting use (a school or other dispensary) after the date on which the State Board of Equalization issued a seller’s permit to the dispensary for its location. (3) No license may be issued to operate a dispensary within 300 feet of any parcel zoned RA (Single-Family Res- idential and Agriculture); RR (Single-Family Residential, Rural); R-1 (Single-Family Residential, Urban/Rural); RB (Sin- gle-Family Residential, Oceanfront/Urban); or RM (Multiple-Family Residential). The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the residentially zoned property to the closest property line of the lot on which the dispensary is to be located. This prohibition shall not apply to level one dis- pensaries operating in a location occupied on January 1, 2016. (F) Mobile Delivery of Cannabis by Dispensaries. (1) Holders ofa level one dispensary license may deliver cannabis to cannabis consumers off-premises via mobile delivery services, subject to the provisions of this section. Only locally licensed dispensaries may engage in mobile deliv- ery of cannabis. 7-215 (Santa Cruz County Supp. No. 9, 5-19) 7.130.110 CANNABIS DISPENSARY LICENSES (2) Dispensaries that engage in mobile deliveries shall keep complete and appropriate financial records enabling audit of all transactions accomplished via mobile delivery, and shall be able to distinguish between, and account for, sales between the categories of on-site sales versus mobile delivery sales for accounting purposes. (3) Dispensaries that engage in mobile deliveries are prohibited from having any advertisement of their business or services on their delivery vehicles. (G) Grounds For License Revocation. Grounds for revocation ofa license include, but are not limited to, any of the following: (1) Remaining open and/or operating between the hours of 10:00 p.m. and 8:00 a.m. (2) Allowing alcohol or cannabis to be consumed at the premises (“premises,” for purposes of this subsection, includes any area used for parking any vehicle). (a) Exception: Dispensary employees are allowed to consume cannabis (but not smoke it) within the dispensary itself, as permitted by their employer. (3) Allowing a minor unaccompanied by a parent or legal guardian to enter the premises. (4) Allowing a person less than 21 years of age to transport, distribute, deliver, dispense, or give away cannabis on behalf of the business. (5) Allowing cannabis to be visible from the exterior of the premises. (6) Illuminating any portion of the dispensary between the hours of 10:00 p.m. and 8:00 a.m. by lighting that is visible from the exterior of the premises, except such lighting as is reasonably utilized for the security of the premises. (7) Failure by an applicant or owner ofa dispensary to successfully pass the background check required by the Licensing Official, including but not limited to successfully passing the LiveScan background check conducted annually before the submission of an application for an original or renewal license. A failed LiveScan is a LiveScan report that includes any felony conviction within the past 10 years and/or reflects that the applicant or owner is currently on parole or probation related to a felony conviction. Felony convictions for can- nabis-related offenses prior to January 1, 2016, will not result in a failed LiveScan, unless the offense involved sales to a minor. (8) Providing an on-site location for physicians or medical professionals to write recommendations for medical cannabis. (9) Failing to provide litter and graffiti removal services for the business premises on a daily basis. (10) Failure to provide adequate security precautions at all times, including, but not limited to, dedicated security personnel present during the dispensary’s hours of operation. (11) Printing, publishing, advertising, or disseminating in any way or by any means of communication, or causing to be printed, published, advertised, or disseminated in any way or by any means of communication, other than by way of a dedicated business Internet website accessible only through an age gate portal, any notice or advertisement that includes the following information: pricing of cannabis, details regarding specific cannabis products, or cannabis photography or graphics related to the cannabis plant or cannabis products. Notwithstanding the limitations imposed by this subsection (G)(11), a dispensary may provide the following: an entry in the telephone directory with the name, location, and phone number of the dispensary; or signage consistent with County signage regulations. Such directory entry or signage may identify the business as a “cannabis dispensary,” but shall not include pricing of cannabis, details regarding specific cannabis products, or cannabis photography or graphics related to the cannabis plant or cannabis products. (12) Three or more citations for violation of Chapter 8.30 SCCC (Noise) within a single year. (13) Possession, storage, or use of any firearm at the dispensary. (14) Violation of any of the restrictions relating to the issuance of a license as set forth in this chapter. (15) Violation of any Santa Cruz County Code provision related to the cultivation of cannabis, including but not lim- ited to any provision in Chapter 7.128 SCCC. (16) Failure to cooperate with a financial audit by the County of Santa Cruz of any and all aspects of the dispensary’s business, including but not limited to on-site inspection and review of financial transactions, sales records, payroll and employee records, purchase orders, overhead expense records, shipping logs, receiving logs, waste disposal logs, bank statements, credit card processing statements, inventory records, tax records, lease agreements, supplier lists, supplier agreements, policies and procedures, and examination of all financial books and records held by the dispensary in the nor- mal course of business. (17) Failure to timely remit the taxes required to be paid under Chapter 4.06 SCCC (Cannabis Business Tax). (18) Violation of any Santa Cruz County Code provision or State law related to the extraction of cannabis oils, res- ins, or other compounds from cannabis plants. (Santa Cruz County Supp. No. 9, 5-19) 7-216 SANTA CRUZ COUNTY CODE 7.130.130 (19) Violation of any Santa Cruz County Code provision or State law related to the cannabis business activity, including any provision of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). (20) Violation of any administrative rule or regulation promulgated by the Licensing Official. (H) Denial or Revocation of License; Remedies. (1) The Licensing Official may deny an application for an original or renewal license, or revoke an original or renewal license, for any of the following reasons: (a) Discovery of untrue statements submitted on a license application. (b) Revocation or suspension of any State license required to operate a dispensary. (c) Previous violation by the applicant of any provision of the Santa Cruz County Code or State law related to operation of a dispensary or cultivation, transportation, extraction, or manufacture of cannabis or cannabis products. (d) Operation of a dispensary in a manner contrary to any of the conditions set forth in subsection (E) of this section, Restrictions Relating to the Issuance ofa License, or subsection (G) of this section, Grounds For License Revo- cation. (ec) The applicant or owner failed his or her last annual LiveScan background check. (f) The creation or maintenance of a public nuisance. (2) The Licensing Official’s denial of a license application or revocation of a license is a final action that is not subject to any further administrative remedy. The only legal remedy available to appeal the Licensing Official’s action is to file a petition for writ of mandate in the superior court under California Code of Civil Procedure Section 1085. (3) Ifan application for an original or renewal license is denied, or ifa license is revoked, all operations associated with the dispensary shall cease immediately, subject to the following exception: If the applicant or operator is currently operating a dispensary, and the applicant or operator files a petition with the superior court challenging the Licensing Official’s denial or revocation decision within 30 days of the date the decision is issued, the applicant or operator may continue to operate the dispensary for 90 days from the date the Licensing Official’s decision was issued. Any dispensary operations that occur after the 90 days has elapsed may only be conducted with a valid local license. (4) Under no circumstances shall a cause of action for monetary damages be allowed against the County of Santa Cruz, the Licensing Official, or any County employee as a result ofa denial or a revocation of a license. [Ord. 5277 § 2, 2018; Ord. 5257 § 1, 2017; Ord. 5227§ 1, 2016]. 7.130.130 Enforcement. (A) In addition to the authority of the Licensing Official to revoke any license pursuant to this chapter, the Licensing Official may also elect to pursue one or more of those alternatives set forth in SCCC 19.01.030(A). It shall be a separate offense for each and every day during any portion of which any violation of, or failure to comply with, any provision of this chapter is committed, continued or permitted. (B) Notwithstanding the limitations on civil penalties set forth in SCCC 1.12.070(A)(2), civil penalties for violation of this chapter shall be assessed as follows: (1) A fine not exceeding $2,500 for a first violation. (2) A fine not exceeding $5,000 for a second violation of the same County code provision within one year. (3) A fine not exceeding $7,500 for each additional violation of the same County code provision within one year. (C) Whenever the Licensing Official determines that a public nuisance as defined in this chapter exists at any location within the unincorporated area of Santa Cruz County, he or she is authorized to issue a notice of violation pursuant to SCCC 1.12.070. However, a violator shall be provided with seven calendar days from notice of the violation to correct the violation before the imposition of civil penalties under SCCC 1.12.070(D)(2)(a). (D) Nothing in this chapter shall be construed as imposing on the Licensing Official or the County of Santa Cruz any duty to issue a notice of violation, nor to abate any unlawful cannabis business activity, nor to take any other action with regard to any unlawful cannabis business activity, and neither the Licensing Official nor the County shall be held liable for failure to issue an order to abate any unlawful cannabis business activity, nor for failure to abate any unlawful cannabis business activity, nor for failure to take any other action with regard to any unlawful cannabis business activity. [Ord. 5257 § 1, 2017; Ord. 5227 § 1, 2016]. 7-217 (Santa Cruz County Supp. No. 9, 5-19) 7.134.010 PERSONAL CULTIVATION OF CANNABIS FOR NONCOMMERCIAL RECREATIONAL USE Chapter 7.134 PERSONAL CULTIVATION OF CANNABIS FOR NONCOMMERCIAL RECREATIONAL USE Sections: 7.134.010 Purpose. 7.134.030 Definitions. 7.134.050 Prohibited activities. 7.134.070 Restrictions related to personal cultivation of cannabis for noncommercial recreational uses. 7.134.090 Enforcement. 7.134.010 Purpose. The purpose of this chapter is to provide, pursuant to California Health and Safety Code Section 11362.2, rules to reg- ulate the noncommercial cultivation of the six living cannabis plants authorized to be grown under California Health and Safety Code Section 11362.1. It is also the purpose of this chapter to mitigate the negative impacts and secondary effects associated with the cultiva- tion of cannabis including, but not limited to, demands placed on law enforcement and administrative resources; neigh- borhood disruption; the exposure of children to cannabis; drug sales to minors and adults; robberies; burglaries; assaults; and other violent crimes. This chapter is not intended to conflict with State law. It is the intention of the County that this chapter be interpreted to be compatible with State enactments and in furtherance of the public purposes that those enactments encompass. [Ord. 5242 § 1, 2017]. 7.134.030 Definitions. As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (A) “Cannabis” means all parts of the plant Cannabis sativa L., as defined under the California Adult Use of Marijuana Act at Health and Safety Code Section 11018, as may be amended. (B) “Cannabis plant” means any mature or immature cannabis plant, or any cannabis seedling, unless otherwise spe- cifically provided herein. (C) “Cultivation” or “cultivate” means the planting, growing, developing, propagating, harvesting, drying, and pro- cessing of cannabis plants or any part thereof. (D) “Enclosure” means an area fully surrounded by a fence, wall, or other solid barrier that prevents access to cannabis. Enclosures must be equipped with a locked gate or door. (E) “Private residence” means a house, apartment unit, mobile home, or other similar dwelling. [Ord. 5242 § 1, 2017]. 7.134.050 Prohibited activities. It is unlawful and shall constitute a public nuisance for any person to cultivate cannabis for his or her personal, non- commercial, recreational use in violation of the provisions of this chapter. [Ord. 5242 § 1, 2017]. 7.134.070 Restrictions related to personal cultivation of cannabis for noncommercial recreational uses. The following restrictions apply to any person who cultivates cannabis for his or her personal, noncommercial, recre- ational use: (A) No more than six cannabis plants may be cultivated at any one time at a single private residence. (B) Cultivation may only take place inside a structure or enclosure existing on the grounds of a private residence (structure, for purposes of this chapter, includes an ancillary structure such as a prefabricated shed or greenhouse). (C) Any structure or enclosure used for cannabis cultivation must be kept locked and secured to prevent unauthorized entry. (D) The private residence containing the cannabis plants must be occupied by, and the cannabis plants must be culti- vated by, a person 21 years of age or older. (E) Cannabis plants must not be visible with normal unaided vision from a public place. [Ord. 5242 § 1, 2017]. (Santa Cruz County Supp. No. 9, 5-19) 7-218 SANTA CRUZ COUNTY CODE 7.134.090 7.134.090 Enforcement. (A) The County may pursue one or more of those alternatives set forth in SCCC 19.01.030(A) to enforce this chapter. It shall be a separate offense for each and every day during any portion of which any violation of, or failure to comply with, any provision of this chapteris committed, continued or permitted. (B) Notwithstanding the limitations on civil penalties set forth in SCCC 1.12.070(A)(2), civil penalties for violation of this chapter shall be assessed as follows: (1) A fine not exceeding $500.00 for a first violation. (2) A fine not exceeding $1,000 fora second violation of the same County Code provision within one year. (3) A fine not exceeding $2,500 for each additional violation of the same County Code provision within one year. (C) Whenever the County determines that a public nuisance as defined in this chapter exists at any location within the unincorporated area of Santa Cruz County, the County is authorized to issue a Notice of Violation pursuant to SCCC 1.12.070. (D) Nothing in this chapter shall be construed as imposing on the County of Santa Cruz any duty to issue a notice of violation, nor to abate any unlawful cannabis activity, nor to take any other action with regard to any unlawful cannabis activity, and the County shall not be held liable for failure to issue an order to abate any unlawful cannabis activity, nor for failure to abate any unlawful cannabis activity, nor for failure to take any other action with regard to any unlawful can- nabis activity. [Ord. 5242 § 1, 2017]. IHEREBY CERTIFY THAT THE FOREGOING INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE IN THE OFFICE. ATTEST MY HAND AND SEAL THis 9th DAY OF April , 2020 CARLOS J PALACIOS, COUNTY ADMINISTRATIVE OFFICER AND| EX-OFFICIO CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, CALIFORNIA. BY , DEPUTY 7-219 (Santa Cruz County Supp. No. 8, 5-18) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 2 26 27 28 Churchwell White EXHIBIT CITY OF W/ Vag bawy) Yes AGQ@OURA HILLS Office of the City Clerk 30001 Ladyface Court Agoura Hills, CA 91301 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss CITY OF AGOURA HILLS ) {, Kimberly M. Rodrigues, City Clerk of the City of Agoura Hills, California, do hereby certify that the attached nine (9) pages of Ordinance No. 17-429; An Ordinance of the City Council of the City of Agoura Hills, California Amending Division 10 (Medical Marijuana Dispensaries Prohibited) of Part 2 (Special Regulations) of Chapter 6 (Regulatory Provisions) of Article IX (Zoning) of the Agoura Hills Municipal Code to Clarify that All Commercial Marijuana Activity for Medical, Non-Medical, and Any Other Purpose, is Prohibited in All Zones in the City, and to Allow Limited Indoor Marijuana Cultivation Consistent with State Law, and Deleting Section 4125 of the Agoura Hills Municipal Code, and Making A Finding of Exemption from CEQA under Section 15061 (B)(3) of the CEQA Guidelines (Case No. Zoa-01326-2017); are a full, true and correct copy of the Ordinance adopted by the City Council at its Regular Meeting held at 6:00 p.m. on Wednesday, August 23, 2017, and is duplicate original of the ordinance on file and of record in the Office of the City Clerk. gota Kile ® Aue Ora we Dec. 8, 1982 Kimberly M. Rodrigues, MPPA, MMC. Catifors® City Clerk Dated: March 4, 2020 ORDINANCE NO. 17-429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA AMENDING DIVISION 10 (MEDICAL MARIJUANA DISPENSARIES PROHIBITED) OF PART 2 (SPECIAL REGULATIONS) OF CHAPTER 6 (REGULATORY PROVISIONS) OF ARTICLE IX (ZONING) OF THE AGOURA HILLS MUNICIPAL CODE TO CLARIFY THAT ALL COMMERCIAL MARIJUANA ACTIVITY FOR MEDICAL, NON-MEDICAL, AND ANY OTHER PURPOSE, IS PROHIBITED IN ALL ZONES IN THE CITY, AND TO ALLOW LIMITED INDOOR MARIJUANA CULTIVATION CONSISTENT WITH STATE LAW, AND DELETING SECTION 4125 OF THE AGOURA HILLS MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION FROM CEQA UNDER SECTION 15061(b)(3) OF THE CEQA GUIDELINES (CASE NO. ZOA-01326-2017) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AGOURA HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. A The City of Agoura Hills, California (the “City’) is a municipal corporation, duly organized under the constitution and laws of the State of California. B On October 9, 2015, Governor Brown signed Assembly Bill 243, Assembly Bill No. 266, and Senate Bill 643 into law, which collectively were known as the Medical Cannabis Regulation and Safety Act (hereinafter “MCRSA"). The MCRSA established a State regulatory and licensing scheme for commercial medical marijuana businesses. Cc On November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA"). The AUMA adds Section 11362.1 to the California Health and Safety Code, which makes it “lawful under state and local law’ for persons 21 years of age or older to “possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever’ up to 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams of marijuana in the