§ 6.88.440. Cannabis Business Operations.

A.

Only a Dispensary shall be open to the public. Cannabis Business Locations that are not Dispensaries shall not be open to the public. A Dispensary shall be open to the public during hours of the day that are in accordance with the regulations promulgated by the City Manager pursuant to Section 6.88.315.

B.

All cannabis cultivated, processed, manufactured, obtained, purchased, dispensed or distributed by the Cannabis Business must be stored and dispensed in strict accordance with state law, this Chapter and other provisions of this Code.

C.

All cannabis dispensed by a Cannabis Business must comply with all other provisions of this Chapter, all regulations promulgated by the City Manager pursuant to Section 6.88.315, and state law.

D.

All contributions (whether in-kind, monetary or property) shall be fully documented, in writing, at the time of their receipt by the Cannabis Business and in accordance with Part 5 of this Chapter.

E.

All sales and transfers of cannabis by a Medical or Non-medical Cannabis Business shall be fully documented, in writing, at the time of the sale or transfer.

F.

Each Cannabis Business shall account for all monetary contributions or payments. Monetary contributions or payments shall be made by cash, personal check, cashier's check, debit card or credit card. All accountings, billings, and contributions (whether in-kind, monetary or property) shall be fully documented, in writing and in accordance with Part 5 of this Chapter, and shall be submitted to the Director of Finance on a quarterly basis.

G.

No persons under the age of twenty-one (21) shall be allowed at the Location.

H.

A Dispensary shall verify the age of every person entering the Premises with an Electronic Age Verification Device, excepting verified employees of the Dispensary or another Cannabis Business.

I.

No Medical Cannabis Transfers shall be made by a Cannabis Business to a person under the age of twenty-one (21).

J.

No Medical Cannabis shall be provided, sold, or transferred to any person who is not a Qualified Patient or Primary Caregiver, and who is not age twenty-one (21) or older.

K.

No Non-medical Cannabis shall be provided, sold, or transferred to any person who is not age twenty-one (21) or older.

L.

Prior to transferring Medical or Non-medical Cannabis to any person, an Electronic Age Verification Device shall be used to determine the age of the person attempting to obtain cannabis, without exception. The Electronic Age Verification Device may be mobile or fixed, and must be able to retain a log of all scans that includes the following information: date, time, and age.

M.

The electronic age verification log shall be kept for a minimum of one hundred eighty (180) days.

N.

Notwithstanding any other provision of state law, no Medical Cannabis provided to a Primary Caregiver may be provided by the Primary Caregiver to any person other than the Primary Caregiver's Qualified Patient for whose care the Primary Caregiver is responsible.

O.

No Cannabis Business shall cause or permit the sale, dispensing, or consumption of alcoholic beverages at the Premises and/or Location or in the parking area for the Premises and/or Location.

P.

Cannabis may not be inhaled, smoked, eaten, ingested, vaped, or otherwise used or consumed at the Premises and/or Location, in the parking areas of the Premises and/or Location, within three hundred (300) feet of the Premises and/or Location on the public right-of-way, or in those areas restricted under the provisions of California Health and Safety Code Section 11362.79.

Q.

No cannabis shall be taken into a restroom at the Premises and/or Location, including temporary restrooms in the parking areas of the Premises and/or Location.

R.

Each Cannabis Business shall operate and maintain an on-site twenty-four (24)-hour landline telephone number at the Premises for receiving complaints and other inquiries regarding the Cannabis Business. A person engaged in the management of the Cannabis Business shall be responsible for receiving, logging, and responding to these complaints and other inquiries on a daily basis. The log shall be maintained in the records of the Cannabis Business and in accordance with Part 5 of this Chapter.

S.

None of the following items shall be allowed on the Premises or at the Location or in the parking area for the Premises or Location:

1.

Any controlled substances, other than cannabis as defined herein;

2.

Any paraphernalia used for the ingestion of any type of controlled substance, except for cannabis;

3.

Alcoholic beverages; or

4.

Firearms, except in strict compliance with federal, state and local laws and with Section 6.88.420.J.

T.

A sign shall be posted in a conspicuous location inside the Premises advising, in English, Spanish and Vietnamese, the following: "Both the sale of cannabis and the diversion of cannabis to persons under age twenty-one (21) are violations of state law. The use of cannabis may impair a person's ability to operate a motor vehicle or heavy machinery. Loitering at the Location of a Cannabis Business for an illegal purpose is prohibited by California Penal Code Section 647(h). This Cannabis Business is registered in accordance with the laws of the City of San José."

U.

All water used in any Cannabis Activity shall be legally obtained and shall be applied in accordance with state and local laws.

V.

All electricity used in any Cannabis Activity shall be legally obtained and shall be used in accordance with state and local laws.

W.

The extraction and refinement of chemical compounds from cannabis by way of a Solvent-based method utilizing compressed flammable gases or alcohol in violation of state law is prohibited. No Cannabis Business shall possess, dispense or transport any cannabis manufactured unlawfully. All extraction and refinement equipment used by a Cannabis Business shall be subject to review by, and approval of, the City pursuant to Chapter 17.12 of this Code or Title 24 of this Code.

X.

Any hazardous materials shall be used and stored in full compliance with Chapter 17.68 of this Code.

Y.

All activities conducted at a Cannabis Business shall at all times fully comport with the provisions of California Health & Safety Code Section 11362.5 et seq., the Compassionate Use Act, the Medical Marijuana Program Act, the Adult Use of Marijuana Act, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, and any other applicable state laws or regulations, as the same may be amended from time to time; provided, however, that if there is a conflict between the provisions of this Code and the provisions of state law, the most restrictive law allowed to apply shall govern and control.

(Ord. 30210.)