§ 88-28.412. Standards applicable to retailers.

The standards in this section and the standards in Section 88-28.410 apply to retailers.

(a)

Location Requirements. A retailer may be located only in the following zoning districts located outside of a cannabis exclusion (-CE) combining district: planned unit development (P-1) when retailers are permitted by the development plan; retail-business (R-B); general commercial (C); controlled manufacturing (C-M); light industrial (L-I); and heavy industrial (H-I). No retailer may be located outside of the urban limit line.

(b)

Hours of Operation. A delivery retailer may not be open to the public. A storefront retailer's hours of operation may not begin earlier than 8:00 a.m., and they may not end later than 9:00 p.m.

(c)

Security. A retailer shall implement and maintain the security measures required by Business and Professions Code section 26070(j). At the same time that a retailer provides notice to a licensing authority and law enforcement under Business and Professions Code section 26070(k), the retailer shall provide that same notice to the Department.

(d)

Deliveries.

(1)

A storefront retailer may deliver cannabis or cannabis products. An application for a storefront retailer permit must indicate whether the storefront retailer will provide deliveries in accordance with the requirements of this subsection (d). Deliveries of cannabis may only be provided by retailers that operate under permits issued under this chapter. A delivery retailer shall conduct sales exclusively by delivery and may not conduct any retail sales at the premises of the storefront.

(2)

If a retailer provides deliveries, the retailer shall ensure that its employees who deliver cannabis or cannabis products possess the following documentation while making deliveries, and the retailer shall ensure that the employees, upon request, provide the following documentation to law enforcement officers and to employees of State and local agencies enforcing this chapter and the requirements of State laws and regulations:

(A)

A copy of the retailer's current permits, licenses, and entitlements authorizing the retailer and deliveries.

(B)

The employee's valid government-issued identification.

(C)

A copy of each delivery request.

(D)

Chain of custody records for all cannabis or cannabis products being delivered.

(3)

All vehicles used to deliver cannabis and cannabis products must be owned by the retailer. A retailer shall ensure that its drivers do not deliver cannabis or cannabis products on the retailer's behalf using any vehicles other than vehicles provided by the retailer.

(4)

All drivers who deliver cannabis and cannabis products on behalf of the retailer must be employed by the retailer. A retailer may not utilize independent contractors to deliver cannabis or cannabis products. A retailer shall ensure that each of its drivers possesses a valid State driver's license.

(5)

A retailer that provides deliveries shall ensure that its employees who deliver cannabis or cannabis products require customers to show State-issued identification at the time a delivery is made. A retailer shall ensure that its employees deliver cannabis and cannabis products only:

(A)

To persons who are twenty-one years of age or older, or

(B)

To persons who are eighteen years of age or older and either possess a physician's recommendation, or are primary caregivers.

(e)

Products. A retailer shall ensure that all cannabis and cannabis products at the premises of the retailer are cultivated, manufactured, transported, distributed, and tested by licensed and permitted facilities that maintain operations in full conformance with all applicable state and local laws, regulations, and ordinances, including this chapter.

(Ord. No. 2018-18, § 3, 6-26-18)