ORD 601U ORDINANCE NO. 601U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADDING A NEW CHAPTER 5.33
(COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED)
TO TITLE 5 (BUSINESS TAXES, LICENSES AND
REGULATIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF
BUSINESS LICENSES FOR ALL COMMERCIAL
MARIJUANA ACTIVITIES IN THE CITY.
WHEREAS, in 1996 California voters approved Proposition 215, the
Compassionate Use Act ("CUA"), codified as Health and Safety Code §11362.5, to
exempt certain patients and their primary caregivers from criminal liability under state law
for the possession and cultivation of marijuana for medical purposes; and,
WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical
Marijuana Program Act ("MMPA"), codified as Health & Safety Code §§ 11362.7, et seq.,
and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating
to the possession and cultivation of marijuana for medical purpose, and to authorize local
governing bodies to adopt and enforce laws consistent with its provisions; and,
WHEREAS, in October 2015, the State of California adopted AB 266, AB 243, and
SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act
("MCRSA"), which established a comprehensive regulatory and licensing scheme for
commercial medical marijuana operations; and,
WHEREAS, at the November 8, 2016, general election, the Control, Regulate and
Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as
Proposition 64, which established a comprehensive regulatory and licensing scheme for
commercial recreational (adult use) marijuana operations, and which also legalized
limited personal recreational marijuana use, possession, and cultivation; and,
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the
Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which
merged the regulatory regimes of MCRSA and AUMA; and,
WHEREAS, MAUCRSA provides that the State of California will begin issuing
licenses in 2018 for both medical and recreational marijuana businesses in 20 different
categories, which are found in Business & Professions Code § 26050, and which
categories include marijuana cultivation, manufacturer, testing, retailer, distributor, and
microbusiness; and,
WHEREAS, MAUCRSA, Business & Professions section of Government Code §
26200(a)(1), provides that local jurisdictions may completely prohibit the establishment or
operation of any or all of the 20 different medical and recreational business operations to
be licensed by the state under Business & Professions Code § 26050; and,
WHEREAS, MAUCRSA, Business & Professions Code § 26055(d), provides that
a state commercial marijuana license may not be issued to an applicant whose operations
would violate the provisions of any local ordinance or regulation; and,
WHEREAS, the City Council of the City of Rancho Palos Verdes now desires to
expressly prohibit, to the fullest extent allowed under state law, any and all commercial
medical and/or recreational marijuana activity, including all of the 20 different MAUCRSA
state license categories for both medical and recreational commercial marijuana
businesses described above (and as may be amended); and,
WHEREAS, this ordinance is enacted, consistent with the Compassionate Use Act
of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation
and Safety Act of 2015, the Adult Use of Marijuana Act of 2016, and the Medicinal and
Adult Use of Cannabis Regulation and Safety Act of 2017, to protect the public health,
safety, and welfare of the public in relation to marijuana-related uses and activities; and,
WHEREAS, pursuant to the above-described express statutory authority and the
City's police power, the City has the authority to prohibit all commercial marijuana
activities (whether not-for-profit or for-profit) that may otherwise be permitted by the State
of California under MCRSA, AUMA, and MAUCRSA, by adding a new chapter 5.33
(Commercial Marijuana Activities Prohibited) of the Rancho Palos Verdes Municipal
Code; and
WHEREAS, because the definition of"retailer" contained in the new Chapter 5.33
(Commercial Marijuana Activities) added to the Rancho Palos Verdes Municipal Code by
this ordinance includes the term "Marijuana dispensary, store, or co-op" and prohibits
such businesses from operating in the City, the City Council also desires to remove the
existing definition of "Marijuana dispensary, store, or co-op" from Section 5.10.010
(Definitions) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos
Verdes Municipal code; and
WHEREAS, Government Code sections 36934 and 36937 authorize the City
Council to adopt an urgency ordinance that becomes effective immediately upon its
adoption by a four-fifths vote of the City Council for the immediate preservation of the
public peace, health or safety of the City; and
WHEREAS, this Urgency Ordinance is necessary for the immediate preservation
of the public peace, health and safety of the City within the meaning of Government Code
section 36937 due to the above-described January 1, 2018, deadline for the State of
California to begin issuing licenses for commercial marijuana activities, and the fact the
City must have an ordinance that is effective prior to January 1, 2018, in order to ensure
that any such state-licensed businesses are prohibited from operating in the City; and
WHEREAS, the City Council finds that allowing state licensed commercial
marijuana businesses to locate within the City without regulations and limitations that
Ordinance No. 601U
Page 2 of 7
specifically address the City's needs and character constitutes an immediate threat to the
public health, safety, and welfare; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated herein by this reference.
B. It is the intent and purpose of this Ordinance that all commercial marijuana
activities that may be licensed by the State of California be prohibited throughout
the City of Rancho Palos Verdes.
C. This urgency ordinance is necessary for the immediate preservation of the public
peace, health and safety of the City within the meaning of Government Code
section 36937 in order to prohibit all commercial marijuana activities that may be
licensed by the State of California beginning January 1, 2018 from operating in the
City.
Section 2: A new Chapter 5.33 (Commercial Marijuana Activities Prohibited) is
hereby added to the Rancho Palos Verdes Municipal Code to read in its entirety as
follows:
"CHAPTER 5.33 COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED
5.33.010 Purpose and intent.
5.33.020 Definitions.
5.33.030 Prohibition of commercial marijuana activities.
5.33.040 Violations and penalties; public nuisance.
5.33.010 Purpose and intent.
A. In order to preserve the public health, safety, and welfare of the residents and
businesses of the City, all marijuana-related businesses, activities and uses are
prohibited, unless local control is otherwise preempted by state law, and except
as provided for by Chapter 9.34 (Personal Marijuana Cultivation).
B. This chapter is not intended to interfere with a patient's right to medical marijuana
as provided for in Section 11362.5 of the Health & Safety Code.
Ordinance No. 601U
Page 3 of 7
5.33.020 Definitions.
The following words and phrases shall, for the purposes of this chapter, have the
meanings respectively ascribed to them by this section, as follows:
A. "Cannabis" has the same definition as "marijuana" provided in this Chapter.
B. "Commercial marijuana activity" includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging,
labeling, transportation, delivery, or sale of marijuana and marijuana products;
except, as applicable, as set forth in Chapter 9.34 (Personal Marijuana
Cultivation) of this code.
C. "Cultivation" means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana.
D. "Delivery" means the commercial transfer of marijuana or marijuana products to a
customer, and includes the use of any technology platform owned and controlled
by the same person making such use.
E. "Distribution" means the procurement, sale, and transport of marijuana and
marijuana products between entities licensed for and/or engaged in commercial
marijuana activities.
F. "Distributor" means a person engaged in distribution.
G. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or
prepare a marijuana product.
H. "Manufacturer" means a person that conducts the production, preparation,
propagation, or compounding of marijuana or marijuana products either directly
or indirectly or by extraction methods, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis at a fixed
location that packages or repackages marijuana or marijuana products or labels
or relabels its container.
I. "Marijuana" has the same definition as provided in Section 26001 of the Business
& Professions Code for the term "cannabis," and as may be amended, defined as
"all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds, or resin. `Cannabis'
also means the separated resin, whether crude or purified, obtained from
cannabis. `Cannabis' does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination."
J. "Marijuana products" means marijuana that has undergone a process whereby
the plant material has been transformed into a concentrate, including but not
limited to, concentrated marijuana, or an edible or topical product containing
marijuana or concentrated marijuana and other ingredients.
K. "Medical marijuana" or "medical marijuana product" means marijuana or a
marijuana product used for medical purposes in accordance with state law,
including the Compassionate Use Act (Health and Safety Code § 11362.5) and
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the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7, et
seq.).
L. "Microbusiness" shall have the same definition as provided for in Section 26070
of the Business and Professions Code, and as may be amended from time to
time.
M. "Nursery" means a person that produces only clones, immature plants, seeds,
and other agricultural products used specifically for the planting, propagation,
and cultivation of marijuana.
N. "Person" means any individual, firm, co-partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust, receiver,
syndicate, or any other group or combination acting as a unit.
O. "Retailer" shall mean a person engaged in the retail sale and delivery of
marijuana or marijuana products to customers.
P. "Testing laboratory" means a laboratory, facility, or entity that offers or performs
tests on marijuana or marijuana products.
5.33.030 Prohibition of commercial marijuana activities.
A. All commercial marijuana activities, whether medical or recreational (adult use)
and including non-profit operations, are expressly prohibited throughout the City
(except for as preempted by state law). No person shall establish, operate,
conduct, or allow commercial marijuana activities anywhere within the City except
for as preempted by state law.
B. The City shall not issue any permit, license, or entitlement for any commercial
marijuana activity (except for as preempted by state law), including, but not limited
to, any activity covered by the state license classifications listed below as provided
for in Section 26050 of the Business & Professions Code:
1. Type 1 = Cultivation; Specialty outdoor; Small.
2. Type 1A = Cultivation; Specialty indoor; Small.
3. Type 1B = Cultivation; Specialty mixed-light; Small.
4. Type 1C = Cultivation; Specialty cottage; Small.
5. Type 2 = Cultivation; Outdoor; Small.
6. Type 2A = Cultivation; Indoor; Small.
7. Type 2B = Cultivation; Mixed-light; Small.
8. Type 3 = Cultivation; Outdoor; Medium.
9. Type 3A = Cultivation; Indoor; Medium.
10.Type 3B = Cultivation; Mixed-light; Medium.
11.Type 4 = Cultivation; Nursery.
12.Type 5 = Cultivation; Outdoor; Large.
13.Type 5A= Cultivation; Indoor; Large.
14.Type 5E3 = Cultivation; Mixed-light; Large.
15.Type 6 = Manufacturer 1.
16.Type 7 = Manufacturer 2.
17.Type 8 = Testing laboratory.
18.Type 10 = Retailer.
19.Type 11 = Distributer.
Ordinance No. 601U
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20.Type 12 = Microbusiness.
C. This prohibition includes any activities authorized under new or revised state
licenses, or any other state authorization, to allow any type, category or
classification of medical or recreational (adult use) marijuana commercial
activities, or similar operations, including non-profit, collective or cooperative
operations.
D. The prohibition provided by this section includes medical marijuana collectives and
cooperatives that operate pursuant to Section 11362.775 of the Health & Safety
Code, the Compassionate Use Act, or otherwise.
5.33.040 Violations and penalties; public nuisance.
A. A violation of this chapter shall be subject to any criminal or civil enforcement
remedies available under the law and the Rancho Palos Verdes Municipal Code.
In addition, the City may prosecute a violation of this chapter by means of civil
enforcement through a restraining order, a preliminary or permanent injunction, or
by any other means authorized by law or equity. Notwithstanding any other
provision of this code, no conduct which is protected from criminal liability pursuant
to state law shall be made criminal by this chapter.
B. Any violation of the provisions of this chapter is declared to be a public nuisance
and may be abated by the City either pursuant to the Rancho Palos Verdes
Municipal Code, including but not limited to procedures provided for in Chapter
8.24 (Property Maintenance), or any other available remedies at law or equity.
C. At the discretion of the City prosecutor, any violation of this chapter is punishable
as an infraction pursuant to Section 1.08.010(B) of this code, or punishable as a
misdemeanor pursuant to Section 1.08.010(A) of this code.
D. The remedies described in this section are not exclusive. Pursuit of any one
remedy shall not preclude City from availing itself of any or all available
administrative, civil, or criminal remedies, at law or equity."
Section 3: The definition for "Marijuana dispensary, store, or co-op" is hereby
deleted from Section 5.10.010 (Definitions) of Title 5 (Business Licenses, Taxes and
Regulations) of the Rancho Palos Verdes Municipal Code.
Section 4: Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each and every section, subsection, sentence, clause and
phrase thereof not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
Sections: Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
Ordinance No. 601U
Page 6 of 7
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 6: Effective Date. This Urgency Ordinance shall go into effect immediately
upon its adoption by at least a four-fifths vote of the City Council pursuant to Government
Code sections 36934 and 36937.
PASSED, APPROVED AND ADOPTED this 8th day of November, 2017.
4rayor
Atte- :
410
MOM City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 601U was duly adopted by the City Council of said City at a regular
meeting thereof held on November 8, 2017, and that the same was passed and adopted
by the following roll call vote:
AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN: None
N
Clly Clerk
Ordinance No. 601U
Page 7 of 7
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CITY OF •. RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on November 10, 2017, she caused to be posted the
following document entitled: ORDINANCE NO. 601U, AN
URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADDING A NEW CHAPTER 5.33
(COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED) TO
TITLE 5 (BUSINESS TAXES, LICENSES AND
REGULATIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF
BUSINESS LICENSES FOR ALL COMMERCIAL
MARIJUANA ACTIVITIES IN THE CITY, a copy of which is
attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
- c 1 '
.' i i.'
ity Clerk