CC Resolution 12103RESOLUTION NO. 12103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DIRECTING
THAT PROPOSED ORDINANCE BE SUBMITTED TO THE VOTERS AT A SPECIAL
ELECTION TO BE HELD ON APRIL 25, 2017 AND APPROPRIATING $570,050
FROM THE CITY'S GENERAL FUND FOR THE COST ASSOCIATED WITH
VERIFYING SIGNATURES AND HOLDING THE SPECIAL ELECTION
WHEREAS, on June 21 2016, proponent Kale Schulte, filed in the Clerk's Office
a Notice to Circulate Petition for the purpose of adopting an initiative measure; and
WHEREAS, October 19, 2016, the initiative petitions were filed in the Office of
the City Clerk; the total number of raw signatures submitted by the proponent was
4,800; the total number of Random Sample signatures verified by the Santa Clara
County Registrar of Voters was 500 -and the total number of valid signatures was 416
with a projected number of 3,828 valid signatures; and
WHEREAS, the minimum number of 3,143 valid signatures required to call a
special election was met; and
WHEREAS, on January 12, 2017, the City Council ordered a Special Municipal
Election to be held; and
WHEREAS, the Special Municipal Election herby called for the date hereinbefore
specified may be consolidated with all elections to be held in said jurisdiction and in the
City of Campbell on such date, and within the territory affected by the consolidation, and
the precincts, polling places and officers of election shall be the same as those
established and designated for said election by the Board of Supervisors of the County
of Santa Clara and will be held and conducted in the manner prescribed by California
Elections Code §10418; and
WHEREAS, section 9280 of the Election Code provides that the City Council
may direct the City Clerk to transmit a copy of the measure to the City Attorney for
preparation of an impartial analysis of the measure; and
WHEREAS, subsection (a) of section 9280 of the Election Code provides that for
measures placed on the ballot by petition, the person filing an initiative petition may file
a written argument in favor of the ordinance, and the City Council may file an argument
against the ordinance; and
WHEREAS, section 9285 of the Election Code provides in relevant part that,
when an argument in favor and an argument against a measure have been selected to
be printed in the ballot pamphlet, the City Council may allow for the submittal of rebuttal
arguments; and
WHEREAS, the deadline for submitting arguments (not to exceed 300 words) for
and against the measure to the City Clerk for transmittal to the Santa Clara County
Register of Voters is January 26, 2017, at 5:00 p.m.; and
WHEREAS, rebuttal arguments may be filed only if the person filing the initiative
measure files a written argument in favor of the ordinance and the City Council files an
argument against the ordinance; and
WHEREAS, the deadline for submitting rebuttal arguments (not to exceed 250
words) to the City Clerk for transmittal to the Santa Clara County Registrar of Voters is,
2017 February 5, at 5:00 p.m.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell herby takes the following actions:
1. Orders a special municipal election to be held on Tuesday, April 25, 2017, to
submit the following question to the qualified electors of the City of Campbell:
Shall the ordinance allowing the City to license up to three
medical marijuana dispensaries in Campbell, which would YES
also be allowed to deliver medical marijuana to qualified
patients throughout the City, and that would allow every
qualified patient and primary caregiver to cultivate up to 100
square feet or 500 square feet of marijuana, respectively, NO
without a license be adopted?
2. The complete text of the proposed ordinance as set forth in Exhibit A shall be
published in the voter's materials provided to the voters;
3. Appropriates $570,050 from the City's General Fund to the City Clerk's election
account to pay for the estimated cost of verifying signatures on the petitions and
for holding the special election;
4. Directs the City Clerk to transmit a copy of the measure to the City Attorney for
preparation of an impartial analysis of the measure;
5. Allows the person filing an initiative petition to file a written argument in favor of
the ordinance, and the City Council to file an argument against the ordinance
with the deadline for submitting arguments (not to exceed 300 words) for and
against the measure to the City Clerk for transmittal to the Santa Clara County
Register of Voters is January 26, 2017, at 5:00 p.m.;
6. Allows for the submittal of rebuttal arguments with the deadline for submitting
rebuttal arguments (not to exceed 250 words) to the City Clerk for transmittal to
the Santa Clara County Registrar of Voters is, 2017 February 6, at 5:00 p.m.;
7. Requests the Board of Supervisors of the County of Santa Clara to order the
County Clerk and Registrar of Voters to:
a. Set forth in all sample ballots that are to be mail to voters in the City of
Campbell the statement set forth in section 1 of this Resolution, and to mail
with the sample ballots copies of all arguments and rebuttals for and against
the measure, as well as a copy of the full text of the ordinance set forth in
Exhibit A to this Resolution;
b. Provide absent voter ballots for the special municipal election for use of the
voters of the City that are entitled thereto, in the manner provided by law; and
c. Prepare and supply indices to precinct information, assist in the canvass of
returns, and provide services to complete the official canvass of returns;
8. Authorize the County Clerk and Registrar of Voters to canvass or cause to be
canvassed, as provided by law, the returns of the special municipal election with
respect to the votes cast on the measure, and to certify such canvass of the
votes cast;
9. Authorizes and directs the City Clerk to submit a certified copy of this Resolution
to the County Clerk and Registrar of Voters for the County of Santa Clara, and to
prepare, execute and transmit to the County all documents necessary to carry
out the purposes of this Resolution;
10. Directs the City Clerk to publish a synopsis of the measure pursuant to Elections
Code section 12111.
PASSED AND ADOPTED this 12th day of January 2017, by the following roll call
vote:
AYES: Councilmembers: Waterman, Cristina, Landry, Resnikoff, Gibbons
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Wendy W d, City Clerk
APPROVED:
~ ~~~
liza eth Gibbons, Mayor
Exhibit A
CAMPBELL MEDICAL MARIJUANA REGULATION AND SAFETYJ~,CT SF"Z016
CITY CLERK'S Of'R`vi=
The People of the City of Campbell do ordain as follows:
SECTION 1: TITLE
This initiative shall be known and may be cited as the Campbell Medical Marijuana Regulation
and Safety Act of 2016.
SECTION 2. FINDINGS AND DECLARATIONS
The People of the City of Campbell find all of the following to be true:
A. We strongly support the right of seriously ill patients to use medical marijuana in the
treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraines, or
any other serious illness or condition for which marijuana provides relief.
B. We oppose the arrest, prosecution, and incarceration of persons legally-qualified under
the Compassionate Use Act of 1996, codified as California Health & Safety Cade Section
11362.5 and enacted through Proposition 215, the Medical Marijuana Program Act of 2004, as
amended, codified as California Health & Safety Code Sections 11362.7 through 11362.83,
inclusive, and enacted through Senate Bi11420, and the Medical Marijuana Regulation and
Safety Act of 2016, codified as Business & Professions Code Sections 27, 101, and 205.1,
California Government Code Section 9147.7, California Health & Safety Code Sections
11362.775 and 19300 through 19355, inclusive, California Labor Code Section 147.5, and
California Revenue & Taxation Code Section 31020, by local,.state, or federal law enforcement.
C. The cultivation and provision of medical marijuana should occur in a safe and orderly
manner in order to protect patients and the community. In the absence of clear guidelines, there
has been a lack of consistency in the permitting and regulation of medical marijuana cultivation
and dispensing.
D. The people of the City of Campbell find and declare that we enact this initiative pursuant
to the powers reserved to the State of California, the City of Campbell, and its people under the
Tenth Amendment to the United States Constitution.
SECTION 3. ADDITION OF CHAPTER 5.56, "MEDICAL MARIJUANA REGULATION
AND SAFETY," TO TITLE 5 OF THE CAMPBELL MUNICIPAL CODE, REVISED
Chapter 5.56, entitled "Medical Marijuana Regulation and Safety" is added to Title 5, entitled
"Business Licenses and Regulations," of the Campbell Municipal Code, Revised and shall read
as follows: -
Chapter 5.56 -Medical Marijuana Regulation and Safety
Part A. Definitions.
Section 5.56.010. This act shall be known and may be cited as the Campbell Medical Marijuana
Regulation and Safety Act of 2016.
Section 5.56.011. For purposes of this chapter, the following definitions shall apply:
(a) "Applicant," for purposes of Part D (commencing with Section 5.56.040), means the
following:
(1) Owner or owners of a proposed facility, including all persons or entities having
ownership interest other than a security interest, lien, or encumbrance on property
that will be used by the facility.
(2) If the owner is an entity, "owner" includes within the entity each person
participating in the direction, control, or management of, or having a financial
interest in, the proposed facility.
(3) If the applicant is a publicly traded company, "owner" means the chief executive
officer or any person or entity with an aggregate ownership interest of 5 percent
or more.
(b) "Bureau" means the Bureau of Medical Marijuana Regulation within the California
Department of Consumer Affairs.
(c) "Cannabis" means 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 marijuana. "Cannabis" also
means marijuana as defined by Section 11018 of the California Health and Safety Code
as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds
of the plarit, 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. For the purpose of this
chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the
California Food and Agricultural Code or Section 11018.5 of the California Health and
Safety Code.
(d) "Cannabis concentrate" means manufactured cannabis that has undergone a process to
concentrate the cannabinoid active ingredient, thereby increasing the product's potency.
(e) "Caregiver" or "primary caregiver" has the same meaning as that term is defined in
Section 11362.7 of the California Health and Safety Code.
(f) "City" means the City of Campbell.
(g) "Commercial cannabis activity" includes cultivation, possession, manufacture,
processing, storing, laboratory testing, labeling, transporting, distribution, or sale of
medical cannabis or a medical cannabis product, except asset forth in Section 5.56.040,
related to qualifying patients and primary caregivers.
(h) "Delivery" means the commercial transfer of medical cannabis or medical cannabis
products from a dispensary, up to an amount determined by the bureau to a primary
caregiver or qualified patient as defined in Section 11362.7 of the California Health and
Safety Code, or a testing laboratory. "Delivery" also includes the use by a dispensary of
any technology platfonn owned and controlled by the dispensary, or independently
licensed under this chapter, that enables qualified patients or primary caregivers to
arrange for or facilitate the commercial transfer by a licensed dispensary of medical
cannabis or medical cannabis groducts.
(i) "Dispensary" means a facility where medical cannabis, medical cannabis products, or
devices for the use of medical cannabis or medical cannabis products are offered, either
individually or in any combination, for retail sale, including an establishment that
delivers medical cannabis and medical cannabis products as part of a retail sale.
(j) "Dispensing" means any activity involving the retail sale of medical cannabis or medical
cannabis products from a dispensary.
(k) "Edible cannabis product" means manufactured cannabis that is intended to be used, in
whole or in part, for human consumption, including, but not limited to, chewing gum. An
edible medical cannabis product is not considered food as defined by Section 109935 of
the California Health and Safety Code or a drug as defined by Section 109925 of the
Health and Safety Code.
(1) "Licensee" means a person issued a license under this chapter.
(m)"Live plants" means living medical cannabis flowers and plants, including seeds,
immature plants, and vegetative stage plants.
(n) "Medical cannabis," "medical cannabis product," or "cannabis product" means a product
containing cannabis, including, but not limited to, edible cannabis products, cannabis
concentrates, or topical cannabis intended to be sold for use by medical cannabis patients
in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at
Section 11362.5 of California the Health and Safety Code. For the purposes of this
chapter, "medical cannabis" does not include "industrial hemp" as defined by Section
81000 of the California Food and Agricultural Code or Section 11018.5 of the California
Health and Safety Code.
(o) "Person" means an individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other
group or combination acting as a unit and includes the plural as well as the singular
number.
(p) "State license," "license," or "registration" means a state license issued by the Bureau.
(q) "Topical cannabis" means a product intended for external use. A topical cannabis product
is not considered a drug as defined by Section 109925 of the California Health and Safety
Code.
ParE S. Administration
Section 5.56.020. The City shall issue licenses only for dispensaries, as defined in this chapter.
Section 5.56.021. Protection of the public shall be the highest priority for the City in exercising
its licensing, regulatory, and disciplinazy functions under this chapter. Whenever the protection
of the public is inconsistent with other interests sought to be promoted, the protection of the
public shall be pazamount.
Section 5.56.022. The City shall make and prescribe reasonable rules as may be necessary or
proper to carry out the purposes and intent of this chapter and to enable it to exercise the powers
and duties confen•ed upon it by this chapter, not inconsistent with any statute of this state,
including particulazly this chapter and Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. For the performance of its duties, the Bureau
has the power conferred by Sections 11180 to 11191, inclusive, of the California Government
Code.
Section 5.56.023. Notice of any action of the City required by this chapter to be given maybe
signed and given by the planning director or an authorized employee of the department and may
be made personally or in the manner prescribed by Section 1013 of the California Code of Civil
Procedure.
Section 5.56.024.
(a) The City may convene an advisory committee to advise the City on the development of
standards and regulations pursuant to this chapter, including best practices and guidelines
to ensure qualified patients have adequate access to medical cannabis and medical
cannabisproducts. The advisory committee members shall be determined by the city
manager.
(b) The advisory committee members may include, but not be limited to, representatives of
the medical marijuana industry, representatives of medical marijuana cultivators,
appropriate local agencies, appropriate local law enforcement, physicians, environmental
and public health experts, and medical marijuana patient advocates.
Section 5.56.025. The City may make or cause to be made such investigation as it deems
necessary to carry out its duties under this chapter.
Section 5.56.026. For any hearing held pursuant to this chapter, the City may delegate the power
to hear and decide to an administrative law judge. Any heazing before an administrative law
judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
Section 5.56.027. In any hearing before the City pursuant to this chapter, the City may pay any
person appeazing as a witness at the hearing atthe request of the City pursuant to a subpoena, his
or her actual, necessary, and reasonable travel, food, and lodging expenses, not to exceed the
amount authorized for state employees.
Section 5.56.028. The City may on its own motion at any time before a penalty assessment is
placed into effect and without any further proceedings, review the penalty, but such review shall
be limited to its reduction.
Part C. Enforcement
Section 5.56.03U. Grounds for disciplinary action include:
(a) Failure to comply with the provisions of this chapter or any rule or regulation adopted
pursuant to this chapter.
(b) Conduct that constitutes grounds for denial of licensure pursuant to Title 5 of the
Campbell Municipal Code, Revised.
(c) Any other grounds contained in regulations adopted by the City pursuant to this chapter.
(d) Failure to comply with any state law, except as provided for in this chapter or other
California law.
Section 5.56.031. The City may suspend or revoke licenses, after proper notice and hearing to
the licensee, if the licensee is found to have committed any of the acts or omissions constituting
grounds for disciplinary action. The disciplinary proceedings under this chapter shall be
conducted in accordance with Chapter 5 (commencing with Section'11500) of Part 1 of Division
3 of Title 2 of the California Govenment Code, and the City shall have all the powers granted
therein.
Section 5.56.032. The City may take disciplinary action against a licensee for any violation of
this chapter when the violation was committed by the licensee's agent or employee while acting
on behalf of the licensee or engaged in activity for which the licensee has obtained a license
under this chapter.
Section 5.56.033. Upon suspension or revocation of a license, the City shall inform the Bureau,
who is previously tasked under the California Medical Marijuana Regulation and Safety Act (AB
266) with informing all other licensing authorities and the Department of Food and Agriculture.
Section 5.56.034. All accusations against licensees shall be filed by the City within five (5) yeazs
after the performance of the act or omission alleged as the ground for disciplinary action;
provided, however, that the foregoing provision shall not constitute a defense to an accusation
alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary
action in such case shall not be deemed to have accrued until discovery, by the City, of the facts
constituting the fraud or misrepresentation, and, in such case, the accusation shall be filed within
five years after such discovery.
Section 5.56.035. Nothing in this chapter shall be interpreted to supersede or limit state agencies
from exercising their existing enforcement authority under the California Fish and Game Code,
the California Water Code, the California Food and Agricultural Code, or the California Health
and Safety Code.
Section 5.56.036.
(a) The actions of a licensee, its employees, and its agents that are (1) permitted pursuant to a
license or permit issued by the City, and (2) conducted in accordance with the
requirements of this chapter and regulations adopted pursuant to this chapter, are not
unlawful under state law and shall not be an offense subject to arrest, prosecution, or
other sanction under state law, or be subject to a civil fine or be a basis far seizure or
forfeiture of assets under state law.
(b) The actions of a person who, in good faith, allows his or her property to be used by a
licensee, its employees, and its agents, as permitted pursuant to a City license or permit
following the requirements of this chapter, are not unlawful under state law and shall not
be an offense subject to arrest, prosecution, or other sanction under state law, or be
subject to a civil fine or be a basis for seizure or forfeiture of assets under state law.
Section 5.56.037.
(a) A person engaging in commercial cannabis activity without a license required by this
chapter shall be subject to civil penalties of up to twice the amount of the license fee for
each violation, and the court may order the destruction of medical cannabis associated
with that violation in accordance with Section 11479 of the California Health and Safety
Code. Each day of operation shall constitute a separate violation of this section. All civil
penalties imposed and collected pursuant to this section shall be deposited into the City's
general treasury.
(b) If an action. for civil penalties is brought against a licensee pursuant to this chapter by the
City Attomey or City Prosecutor or the Califomia Attorney General on behalf of the
people, the penalty collected shall be deposited into the City's general treasury.
(c) Notwithstanding subdivision (a), criminal penalties shall continue to apply to an
unlicensed person engaging in commercial cannabis activity in violation of this chapter,
including, but not limited to, those individuals covered under Section 11362.7 of the
California Health and Safety Code.
Part D. Licensing
Section 5.56.040.
(a) The City may issue Iicenses only to qualified applicants who intend to and do engage in
dispensing medical cannabis pursuant to this chapter. Upon the date of implementation of
regulations by the City, no person shall engage in any commercial cannabis activity
without possessing a permit or license from the City.
(b} Revocation of the City's license or permit shall terminate the ability of the licensee to
operate within the City until the City reinstates or reissues the license or permit. The City
shall notify the Bureau upon revocation of the City license or permit.
(c} Upon the Bureau's issuance of licenses under the California.Medical Marijuana
Regulation and Safety Act, a licensee shall be required to maintain a license issued by the
Bureau subject to all of the requirements thereof. Revocation of a state license shall
terminate the ability of a medical cannabis licensee to operate within the City until the
Bureau reinstates or reissues the state license.
(d) Each licensee shall obtain a separate license for each location where it operates its
dispensary.
(e) Nothing in this chapter shall be construed to supersede or limit state agencies, including
the State Water Resources Control Board and Department of Fish and Wildlife, from
establishing fees to support their medical cannabis regulatory programs.
(f) The City may not issue licenses pursuant to this chapter to more. than three (3) licensees
operating at the same time. In the event that a licensee's license issued pursuant to this
chapter is revoked, then the City may issue a license to another applicant, provided that
there are not more than three (3) active licensees at any given time.
(g) An applicant must own the property on which it intends to operate its commercial
cannabis activity as evidenced by a deed in the name of the applicant or in the name of a
trust of which the applicant is a trustee.
Section 5.56.041. A license issued pursuant to this Chapter section shall be valid for 12 months
from the date of issuance. The license shall be renewed annually.
Section 5.56.042.
(a) No license shall be issued by the City for commercial cannabis activity in any zone in the
City other than the manufacturing (C-M and M-1) and Planned Development (P-D)
zones, except that a dispensazy may engage in delivery of medical cannabis to a qualified
patient or primary caregiver at the residence of such qualified patient or primary
cazegiver. Any activity conducted by a licensee pursuant to this Chapter is expressly
deemed not to be inconsistent with federal law as those terms are used in Section
21.12.030(F)(2) of the Campbell Municipal Code, Revised.
(b) No licensee shall operate its business within a 600-foot radius of a school. The distance
specified in this section shall be the horizontal distance measured in a straight line from
the furthest property line of the school to the closest property line of the lot on which the
medical marijuana cooperative, collective, dispensary, operator, establishment, or
provider is to be located without regard to intervening structures. For the purposes of this
section, "school" means any public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive, but does not include any private school in
which education is primarily conducted in private homes.
Section 5.56.043. The City shall act on all license applications within ninety (90) days that the
application is received by the City and shall review applications in the chronological order
received by the City.
Section 5.56.044. The City shall create and promulgate a form of an application for a license to
be issued under this chapter within sixty (60) days of the enactment of this chapter. Such
application form will be made available at City Hall and shall also be available on the City's
website. The application will contain sufficient questions and requests for documentation to be
provided by the applicant to the City to ensure the applicant complies with all aspects of this
chapter.
Section 5.56.045. A licensee shall not also be licensed as a retailer of alcoholic beverages
pursuant to Division 9 (commencing with Section 23000) of the California Business &
Professions Code.
Section 5.56.046. No license shall be issued for commercial cannabis activity to be conducted
on premises that provides ingress or egress to its premises on any side of the location that (i)
abuts, (ii) is across a street, alley or walk from, as measured at 90 degrees from the lot lines of
the location, or (iii) has a common comer with any land zoned residential, except that an exit
door required by the Campbell Municipal Code, Revised may be maintained for emergency
egress only and must be locked from the exterior at all times. The above notwithstanding, this
subsection shall not prohibit a licensee from locating across a street from, or having a common
comer with, any land zoned residential. if the licensee's premises are separated from that
residential zone by a public thoroughfare with a minimum roadway width of 80 feet.
Section 5.56.047.
(a) No City license shall be required for individual qualified patients cultivating medical
cannabis marijuana pursuant to California Health & Safety Code Section 11362.5 if the
azea he or she uses to cultivate marijuana does not exceed 100 square feet and he or she
cultivates marijuana for his or her personal medical use and does not sell, distribute,
donate, or provide marijuana to any other person or entity.
(b) No City license shall be required for primary cazegivers cultivating medical cannabis
pursuant to Califomia Health & Safety Code Section 11362.5 if the azea he or she uses to
cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana
exclusively for the personal medical use of no more than five specified qualified patients
for whom he or she is the primary caregiver within the meaning of California Health &
Safety Code Section 11362.7 and does not receive remuneration for these activities,
except for compensation provided in full compliance with subdivision (c) of Californa
Health & Safety Code Section 11362:765.
(c) For purposes of this section, the area used to cultivate marijuana shall be measured by the
aggregate area of vegetative growth of live plants on the premises.
Part E. Medical Marijuana Regulation
Section 5.56.050.
(a) A licensed dispensary shall implement sufficient security measures to both deter and
prevent unauthorized entcance into areas containing medical cannabis or medical
cannabis products and theft of medical cannabis or medical cannabis products at the
dispensary. These security measures shall include, but not be limited to, all of the
following:
(1) Preventing individuals from remaining on the premises of the dispensary if they
are not engaging in activity expressly related to the operations ofthe dispensary.
(2) Establishing limited access areas accessible only to authorized dispensary
personnel.
(3) Storing all finished medical cannabis and medical cannabis products in a secured
and locked room, safe,. or vault, and in a manner as to prevent diversion, theft, and
loss, except for limited amounts of cannabis used for display purposes, samples,
or immediate sale.
(b) A dispensary shall notify the City and the appropriate law enforcement authorities within
24 hours after discovering any of the following:
(1) Significant discrepancies of more Phan five percent (5%) identified during
inventory.
(2) Diversion, theft, loss, or any criminal activity involving the dispensary or any
agent or employee of the dispensary.
(3) The loss or unauthorized alteration of records related to cannabis, registered
qualifying patients, primary cazegivers, or dispensary employees or agents.
(4) Any other breach of security.
(c) Every dispensary must abide by the following operational controls, and failure to do so is
grounds for revocation of its license:
(1) No dispensary may remain open and/or operating between the hours of 8 PM and
10 AM.
(2) No dispensary shall permit cannabis and/or alcohol consumption at the premises
or in any azea of the location used for pazking any vehicle. `
(3) No dispensary may permit entry of a minor unaccompanied by a parent or legal
guardian on its premises.
(4) No dispensary shall permit any cannabis or cannabis products to be visible from
the exterior of the premises.
(5) No dispensary may illuminate any portion of its premises during closure hours by
lighting that is visible from the exterior of the premises, except such lighting as is
reasonably utilized for the security of the premises.
Section 5.56.051.
(a) Deliveries, as defined in this chapter, can only be made by a dispensary.
(b) Upon issuance of a license under this chapter, a dispensary that delivers medical cannabis
or medical cannabis products shall require all employees of a dispensary delivering
medical cannabis or medical cannabis products shall carry a copy of the dispensary's
current license authorizing those services with them during deliveries and the employee's
government-issued identification, and shall present that license and identification upon
request to state and local law enforcement, employees of regulatory authorities, and other
state and local agencies enforcing this chapter.
(c) During delivery, the licensee shall maintain a physical copy of the delivery request and
shall make it available upon request of the City and/or City law enforcement officers. The
delivery request documentation. shall comply with state and federal law regarding the
protection of confidential medical information.
(d) The qualified patient or primary caregiver requesting the delivery shall maintain a copy
of the delivery request and shall make it available, upon request, to the City and/or City
law enforcement officers.
Section 5.56.052.
(a) A licensee shall keep accurate records of commercial cannabis activity.
(b) All records related to commercial cannabis activity as defined by this Chapter shall be
maintained for a minimum of seven years.
(c) The City may examine the books and records of a licensee and inspect the premises of a
licensee as the City deems necessary to perform its duties under this chapter. All
inspections shall be conducted during standard business hours of the licensed facility or
at any other reasonable time.
(d) Licensees shall keep records identified by the licensing authorities on the premises of the
location licensed. The City may make any examination of the records of any licensee.
Licensees shall also provide and deliver copies of documents to the City upon request.
(e) A licensee or its agent, or employee, that refuses, impedes, obstructs, or interferes with an
inspection of the premises or records of the licensee pursuant to this section has engaged
in a violation of this chapter.
(f) If a licensee or an employee of a licensee fails to maintain or provide the records required
pursuant to this section, the licensee shall be subject to a citation and fine of thirty
thousand dollars ($30,000) per individual violation.
Section 5.56.053. This chapter shall not interfere with an employer's rights and obligations to
maintain a drug and alcohol free workplace or require an employer to permit or accommodate
the use, consumption, possession, transfer, display, transportation, Salo, or growth of cannabis in
the workplace or affect the ability of employers to have policies prohibiting the use of cannabis
by employees and prospective employees, or prevent employers from complying with state or
federal law.
Part F. Privacy
Section 5.56.060.
(a) Information identifying the names of patients, their medical conditions, or the names of
their primary caregivers received and contained in records kept by the City for the
purposes of administering this chapter aze confidential and shall not be disclosed pursuant
to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code), except as necessary for authorized
employees of the State of California or any city, county, or city and county to perform
official duties pursuant to Phis chapter.
(b) Information identifying the names of patients, their medical conditions, or the names of
their primary caregivers received and contained in records kept by the bureau for the
purposes of administering this chapter shall be maintained in accordance with Chapter 1
(commencing with Section 123100) of Part 1 of Division 106 of the California Health
and Safety Code, Part 2.6 (commencing with Section 56) of Division 1 of the Califona
Civil Code, and other state and federal laws relating to confidential patient information.
(c) Nothing in this section precludes the following:
(1) Employees of the City notifying state or local agencies about information
submitted to the agency that the employee suspects is falsified or fraudulent.
(2) Notifications from the City to state or local agencies about appazent violations of
this chapter or applicable local ordinance.
(3) Verification of requests by state or local agencies to confirm licenses and
certificates issued. by the regulatory authorities or other state agency.
(4) Provision of information'requested pursuant to a court order or subpoena issued
by a court or an administrative agency or local governing body authorized bylaw
to issue subpoenas.
(d) Information shall not be disclosed by the City beyond what is necessary to achieve the
goals of a specific investigation, notification, or the parameters of a specific court order
or subpoena.
SECTION 4. FINDINGS REGARDING RIGHTS TO PRIVACY
The People of the City of Campbell find and declaze that Section 3 of this act, which adds
Section 5.56.060 to the Campbell Municipal Code, Revised, thereby imposes a limitation on the
public's right of access to the meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to
that constitutional provision, the People of the City of Campbell make the following findings to
demonstrate the interest protected by this limitation and the need for protecting that interest: the
limitation imposed under this act is necessary for purposes of compliance with the federal Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.), the
Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division
1 of the California Civil Code), and the Insurance Information and Privacy Protection Act
(Article 6.6 (commencing with Section 791) of Part 2 of Division 1 of the California Insurance
Code).
SECTION 5. SEVERABILITY
The provisions of this act are severable. If any provision of this act or its application is held
invalid, that invalidity shall not affect other provisions or applications that can be given effect
without the invalid provision or application.