San Jose |
Code of Ordinances |
Title 6. BUSINESS LICENSES AND REGULATIONS |
Chapter 6.88. MEDICAL AND NON-MEDICAL CANNABIS |
Part 4. OPERATING REGULATIONS AND CONDITIONS |
§ 6.88.420. Security.
A.
The Premises or Location shall be equipped with, and at all times be monitored by, a closed-circuit video surveillance recording system for security purposes. The camera and recording system must be capable of and actually record with adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the Premises or Location.
1.
The video surveillance recording system shall be fully functional prior to engaging in any Cannabis Activity at the Premises or Location.
2.
The video surveillance recordings shall be maintained for a period of not less than thirty (30) days, or longer if required by state law, and shall be made available and accessible to the Chief of Police and any other City official charged with enforcing the provisions of this Code immediately upon request for review and copying, without the need for a search warrant, subpoena or court order.
3.
The Cannabis Business shall provide the Chief of Police with remote access to the video surveillance recording system, including live and previously recorded video playback, at any time without a warrant, subpoena or court order.
B.
The Premises or Location shall have separate fire and burglar alarm systems. Both systems shall be fully functional at all times and prior to engaging in any Cannabis Activity at the Premises or Location. At a minimum, these systems shall cover the perimeter of the Premises or Location and shall focus on those areas where cannabis is cultivated, stored, manufactured, distributed, processed, tested or dispensed. Both systems shall comply with all requirements of Chapters 17.12, 17.68, and 17.78 of this Code and Title 24 of this Code.
1.
The burglar alarm system shall be installed and programed to be a functionally complete burglar alarm system per the manufacturer's guidelines. The system shall be provided with secondary power and monitoring by a UL listed central station service.
2.
The fire alarm system shall be an automatic fire alarm system that provides both fire department and occupant notification. Where an approved automatic sprinkler system is installed and the notification devices/appliances activate via sprinkler water flow, the sprinkler system may be used as fire detection for the alarm system. A minimum of one (1) manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal. The system shall be provided with secondary power and monitoring by a UL listed central station service.
C.
If the Cannabis Business maintains records in a printed format pursuant to Section 6.88.500, then the Premises shall contain at least one (1) fire-proof safe and all records required by this Chapter shall be stored in one (1) or more fire-proof safes.
D.
Exterior lighting on the Premises and parking area lighting for the Location shall be balanced and shall not result in glare on adjoining properties, shall complement the security systems required in Subsections A and B above to ensure that all areas of the Location are visible, and shall provide increased lighting at all entrances to the Premises. The lighting required in this Subsection shall be turned on from dusk to dawn.
E.
Cannabis shall be stored in buildings that are completely enclosed, and in a locked vault or safe, or other secured storage structure which is bolted to the floor or structure of the Premises in compliance with all building and fire provisions of this Code.
F.
Windows and roof hatches of the Premises shall be secured from the inside with effective means so as to prevent unauthorized entry, and shall be equipped with latches or a similar mechanism that may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable provisions in the Code.
G.
Exterior doors to the Premises shall remain locked from the outside to prevent unauthorized ingress to the Premises. Ingress shall be allowed by means of a remote release operated from within the Premises of the Cannabis Business. In all cases, doors shall remain openable from the inside to allow egress without the use of a key or special knowledge. Access-controlled egress doors shall comply with all requirements of Chapter 17.12 of this Code and Title 24 of this Code.
H.
All areas of the Cannabis Business not open to the public shall be secured from unauthorized entry during public operating hours.
I.
No person shall be in possession of any firearm while on the Premises or Location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm.
J.
Persons in possession of a firearm while on the Premises or Location must provide the City Manager and the Chief of Police, ten (10) days before bringing the firearm onto the Premises or Location, with the following:
1.
A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm;
2.
A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3.
A copy of his or her California driver's license or California identification card; and
4.
Any other information reasonably required by the Chief of Police to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm.
K.
There shall be a minimum of one (1) Security Personnel on duty twenty-four (24) hours a day, seven (7) days a week at each of the Cannabis Business's Cultivation Sites.
L.
There shall be a minimum of one (1) Security Personnel at a dispensing Location during its hours of operation.
M.
The Security Personnel shall provide security inside the Premises, along the outside perimeter of the Premises, at parking sites immediately adjacent to the Premises and used by Customers of the Cannabis Business, and at sidewalks adjacent to the Cannabis Business's Location.
N.
All Security Personnel shall register and maintain valid registration status with the State of California's Department of Consumer Affairs. At no time shall any Security Personnel register with the state at any level that is less than that of a proprietary private security officer. Proof of application and registration for all Security Personnel shall be maintained by the Cannabis Business and shall consist of copies of all relevant documentation including the actual proof of registration.
O.
While on duty, all Security Personnel shall have a nameplate containing the Security Personnel's full name and the word "SECURITY" printed in bold, capital letters. The nameplate shall be exhibited prominently on the clothing, at chest level, and shall be visible and easily read at all times. As an alternative to a nameplate, the Security Personnel may wear clothing with his or her name and the word "SECURITY" embroidered on the Security Personnel's outermost garment meeting the above specifications and located at chest level.
(Ord. 30210.)