San Jose |
Code of Ordinances |
Title 20. ZONING |
Chapter 20.80. SPECIFIC USE REGULATIONS |
Part 9.76. CANNABIS MANUFACTURING (TYPE 6) BUSINESS, CANNABIS DISTRIBUTION BUSINESS, AND CANNABIS TESTING BUSINESS |
§ 20.80.798. Compliance Required.
A.
No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.
B.
In addition to the requirements set forth in Section 20.80.798A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business until such time as a Zoning Code Verification Certificate has been duly applied for and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business with all of the applicable locational siting requirements of this Title; provided an existing registered Medical Cannabis Business may expand its operation to include cannabis manufacturing (Type 6) or cannabis distribution but must obtain a new Zoning Code Verification Certificate pursuant to this Section 20.80.760B. if such activity is conducted at a new site. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100.
C.
In addition to the requirements set forth in Sections 20.80.798A. and 20.80.798B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business until such time as all required State licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of State law.
D.
Notwithstanding the provisions of this Section 20.80.798, all persons who choose to be involved with cannabis, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business do so entirely at their own risk that such involvement may constitute a violation of federal or state law.
(Ord. 30209.)