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HomeMy WebLinkAboutORD 2025-2539 - Chapter 9.60 Amendment - Modify Operating Hours for Commercial Cannabis Store Fronts ORDINANCE NO. 2025- 2539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CHAPTER 9.60 "COMMERCIAL CANNABIS ACTIVITY" OF THE NATIONAL CITY MUNICIPAL CODE TO MODIFY OPERATING HOURS FOR STORE FRONT RETAIL FACILITIES. WHEREAS, Chapter 9.60 of the National City Municipal Code regulates the cultivation, processing, manufacturing, testing, sale, delivery, distribution, and transportation of cannabis and cannabis products to protect the health, safety, and welfare of the residents of the City of National City ("City"); and WHEREAS, the regulations of Chapter 9.60 include operating requirements for various types of cannabis businesses, including limitations on operating hours for store front retail facilities; and WHEREAS, the proposed amendments to Chapter 9.60 of the National City Municipal Code would modify the operating hours for store front retail facilities to expand such hours to 6:00 a.m. to 10:00 p.m., consistent with state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: Section 1: That the City Council hereby amends Chapter 9.60 of the National City Municipal Code, entitled "Commercial Cannabis Activity," by amending section 9.60.250 to read as follows: 9.60.250 Additional operating requirements for store front retail facilities. A. Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen years. If the potential customer is eighteen to twenty years old, retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (medical cannabis card). For adult use or recreational purchases, retailers shall verify that all customers are twenty-one years of age or older for the purchase of cannabis or cannabis products. 1. Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least twenty-one years of age. 2. Notwithstanding Section 9.60.250(A)(1), individuals who are at least eighteen years of age and in possession of a valid physician's recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician's recommendation. 3. All individuals seeking access to the commercial cannabis retail business must show their government-issued identification, and, if appropriate, doctor's recommendation of Medical Cannabis card, in order to gain access into the retailer. These documents must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location. B. Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area. C. Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access. D. All restroom facilities shall remain locked and under the control of management. E. Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least twenty-one years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the city manager or their designee upon request. F. Microbusiness Commercial Activity. All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a Type 12-Microbusiness permit shall occur on the same licensed premises. Areas of the premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use. G. Operating hours of the Store Front Retailer License shall be limited to the hours of six a.m. through ten p.m., seven days a week. H. Store Front/Retail Security Requirements. All provisions incorporated within Section 9.60.230(M) of this chapter (security requirements), are directly applicable to and binding on all commercial cannabis businesses, including all store front/retail businesses. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if permitted by San Diego County sheriffs department and authorized by the chief of police. Section 2: This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15)days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall public in accordance with the law. INTRODUCED at a regular meeting of the City Council of the City of National City, California, held on the 1st day of April, 2025. PASSED and ADOPTED this 15th day of Ap 'I, 2025. R Morrison, Mayor ATTEST: Shelley pel, MMC, City Clerk APPROVED AS TO FORM: BarryGJ. z, City Attorney Passed and adopted by the Council of the City of National City, California, on April 15, 2025 by the following vote, to-wit: Ayes: Molina, Rodriguez, Bush, Morrison Nays: Yamane Absent: None. Abstain: None. AUTHENTICATED BY: Ron Morrison Mayor of the City of National City, California 14110,16, *1;7 S Shelley Chapel City Clerk of the City of National City, California of By: G lerk I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on April 1, 2025 and on April 15, 2025. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2025-2539 of the City Council of the City of National City, passed and adopted by the Council of said City on April 15, 2025. Shelley Chapel City Clerk of the City of National City, California By: ir)(Adkrk" City C