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 |
§ 6.88.450. Owner, Manager and Individual Person Requirements.
A.
No Owner, Manager, or individual person who will be participating in the cultivation, processing, manufacturing, distributing, testing, transporting, delivery, handling or dispensing of cannabis shall:
1.
Be on parole or probation for the possession, sale, distribution or transportation of a controlled substance other than cannabis, or
2.
Have been convicted of a crime of moral turpitude, or convicted within the last ten (10) years of any misdemeanor or felony involving any one (1) of the following:
a.
The use of violence, force, fear, fraud or deception;
b.
The unlawful possession, sale, manufacture, use, distribution or transportation of a controlled substance, other than cannabis;
c.
The use of money to engage in criminal activity; or
d.
The unlawful possession or use of a firearm.
3.
Be under the age of twenty-one (21).
B.
A Cannabis Business shall ban, prohibit, or otherwise refuse entry to any Person violating the provisions of this Chapter.
C.
A Cannabis Business shall maintain a log of persons banned, prohibited, or otherwise refused entry for violating the provisions of this Chapter. The log shall include any information required by the Chief of Police, including but not limited to the person's name (if available), brief description (if name is not available), date and time of the incident(s), section(s) of this Chapter violated, and the date the person was banned, prohibited, or otherwise refused entry.
D.
Each Cannabis Business shall designate an On-site Designated Representative who shall be present during all hours of the Cannabis Business's operation. The On-Site Designated Representative shall meet the following minimum requirements:
1.
Be a Manager for the Cannabis Business;
2.
Comply with all laws and ordinances;
3.
Carry on his or her person, at all times when he or she is functioning as the On-site Designated Representative, a valid government issued photo identification card or license;
4.
Upon request by the Chief of Police, any other City official charged with enforcing the provisions of this Code, or any state official charged with enforcing state law regarding Cannabis Businesses, produce such photo identification card or license for inspection;
5.
Be available at the telephone number identified in the registration as the on-site landline telephone number for the Premises;
6.
Cooperate fully with the Chief of Police, any other City official charged with enforcing the provisions of this Code, or any state official charged with enforcing state law regarding Cannabis Businesses with any inquiry, inspection, request, or investigation necessary or appropriate to implement the requirements of this Code or to enforce any other state or local law;
7.
Immediately report to the Chief of Police any violations of state or local law or conditions which the On-Site Designated Representative knows, or reasonably should know, exist on the Premises and at the Location and could result or have resulted in harm or an imminent threat of harm to the health, safety or general welfare of any person or member of the public; and
8.
Immediately report to the Chief of Police and the County health department, any information indicating that any person experienced an adverse reaction to, or other difficulty related to, any cannabis procured from the Cannabis Business.
E.
No Owner, Manager, or individual person participating in the cultivation, processing, manufacturing, distribution, testing, transporting, delivery, handling or dispensing of cannabis shall fail to make a report to the Chief of Police, immediately upon discovery of any conduct which raises a reasonable suspicion that a misdemeanor or felony crime under the laws of the state has been committed on the Cannabis Business's Premises or Location.
F.
No Owner, Manager, or individual person participating in the cultivation, processing, manufacturing, distribution, testing, transporting, delivery, handling or dispensing of cannabis shall fail to report any conduct which raises a reasonable suspicion of a violation of this Chapter to the Chief of Police within twenty-four (24) hours of its discovery.
(Ord. 30210.)