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AGENDA STAFF REPORT
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DATE: March 14, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robin L. Roberts, City Clerk
SUBJECT: SECOND READING - ORDINANCE NO. 1652
PROHIBITING THE DELIVERY OF MEDICAL
MARIJUANA AND MOBILE MARIJUANA
DISPENSARIES IN ALL ZONES
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt Ordinance No. 1652
prohibiting the delivery of medical marijuana and mobile marijuana dispensaries
in all zones.
BACKGROUND AND ANALYSIS:
At its meeting of January 25, 2016, the City Council conducted a public hearing
and introduced Ordinance No. 1651 and Ordinance No. 1652 amending
Chapters 11.4.100 and 5.70.025, respectively prohibiting the cultivation of
marijuana and the delivery of medical marijuana and mobile marijuana
dispensaries in the City. At its meeting of February 8, 2016 the City Council
approved the second reading of the above referenced ordinance. Pursuant to
City Charter, Article IV, Elective Officers, Section 414, the re- reading of this
stated ordinance will allow for the required publication to occur within 15 days
after adoption. During this process Urgency Ordinance No. 1650 remains in
effect.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
Agenda Item E
FINANCIAL IMPACT:
There is no financial impact related to this item.
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinance No. 1652
prohibiting the delivery of medical marijuana and mobile marijuana dispensaries
in all zones.
SUBMITTED BY: NOTED AND APPROVED:
.. X14. WA L I Wal
Attachment:
A. Ordinance No. 1652
Page 2
Attachment "A"
ORDINANCE NO. 1652
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL
AMENDING SECTION 5.70.025 OF CHAPTER 5.7 OF TITLE 5 OF
THE SEAL BEACH MUNICIPAL CODE PROHIBITING THE
DELIVERY OF MEDICAL MARIJUANA AND MOBILE MARIJUANA
DISPENSARIES IN THE CITY
A. Recitals.
1. In 1996, the voters of the State of California approved Proposition 215
(codified as California Health and Safety Code § 11362.5, and entitled "The
Compassionate Use Act of 1996" or "CUA" sometimes herein).
2. In 2004, the Legislature enacted Senate Bill 420 (codified as California
Health and Safety Code § 11362.7, et seq., and sometimes referred to herein as the
"Medical Marijuana Program" or "MMP ") to clarify the scope of Proposition 215 and to
provide qualified patients and primary caregivers who collectively or cooperatively
cultivate marijuana for medical purposes with a limited defense to certain specified
State criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011)
amended the Medical Marijuana Program to expressly recognize the authority of cities
and counties to "[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective" and to civilly and
criminally enforce such ordinances.
3. 1 n City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that "[n]othing in the CUA
or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by
its own ordinances, to regulate the use of its land..."
4. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted medical
use in treatment in the United State, and that has not been accepted as safe for use
under medical supervision. The Federal Controlled Substances Act makes it unlawful
under federal law for any person to cultivate, manufacture, distribute or dispense, or
possess with intent to manufacture, distribute or dispense, marijuana.
5. On October 9, 2015, Governor Brown signed into law the Medical
Marijuana Regulation and Safety Act ( "MMRSA "), which is comprised of three related
bills: Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643. The MMRSA
establishes a State licensing scheme for commercial medical marijuana uses while
protecting local control by requiring that all such businesses must have a local license
or permit to operate in addition to a State license. The MMRSA also requires a local
government that wishes to prevent marijuana delivery activity, as defined by Business &
Professions Code section 19300.5(m) of the MMRSA, from operating within the local
Ordinance Number 1652
government's boundaries, to enact an ordinance affirmatively banning such delivery
activity (Business & Professions Code section 19340(a)).
6. Seal Beach Municipal Code Section 5.70.025 currently prohibits medical
marijuana dispensaries in all zones of the City. The Municipal Code does not currently
prohibit the delivery of medical marijuana or mobile marijuana dispensaries.
7. The number of medical marijuana delivery services operating in the State
of California that would service the City is unknown because the State does not
maintain a registry of mobile marijuana dispensaries or medical marijuana delivery
services and their service areas.
8. Successful enforcement of regulations against storefront medical
marijuana dispensaries has been found to coincide with an increase in mobile marijuana
dispensaries and marijuana deliveries. In recent weeks, the City is aware of at least
one advertisement for medical marijuana delivery services to cities in the South Bay.
9. Mobile marijuana dispensaries and marijuana deliveries have resulted in
criminal activity, as delivery drivers are targets for armed robbery. As a result, drivers
choose to carry weapons to protect themselves. There are a number of recent reports
of armed robberies of marijuana delivery services in California: On December 22, 2014,
police in the City of San Bernardino reported that a customer robbed a mobile
dispensary driver at gunpoint, which led to an hours -long standoff with police. On
March 13, 2014, there was an armed robbery of a medical marijuana delivery vehicle
that occurred in Long Beach that resulted in a physical fight between the medical
marijuana employee and two suspects. In April 2015, a delivery driver for a medical
marijuana dispensary was robbed at gunpoint in the Western Addition area of San
Francisco. On August 20, 2015, police in the City of Monterey reported that a man held
a medical marijuana delivery driver at gunpoint and fled with marijuana and cash. On
September 25, 2015, a medical marijuana delivery driver was robbed of the marijuana,
cash and his car in the City of Altadena. Thus, the delivery of medical marijuana and
the operation of mobile marijuana dispensaries both to and from the City would require
the City to use its limited resources to monitor and prevent unintended negative
consequences of those activities.
10. The delivery of medical marijuana to residences in the City also increases
the risk that children and minors will gain access to medical marijuana at the point of
delivery.
11. Based on the foregoing, the City Council finds that in order to more fully
protect the public health, safety and welfare, prohibiting mobile marijuana dispensaries
and the delivery of medical marijuana in the City is proper and necessary to avoid the
risks of criminal activity that may result from such activities.
12. All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
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Ordinance Number 1652
NOW, THEREFORE, the Seal Beach City Council ordains as follows:
Section 1. The City Council finds that the facts set forth in the Recitals, Part A,
of this Ordinance are true and correct.
Section 2. Code Amendment. Subsection B of Section 5.70.025 (Medical
Marijuana Dispensaries) of Chapter 5.70 (Miscellaneous Business Regulations) of Title
5 (Business License Regulations) is hereby amended to add the following definitions
with no other changes or amendments thereto:
"Delivery": shall have the same meaning as set forth Business and Professions
Code section 19300.5(m), as the same may be amended from time to time, and shall
include the commercial transfer of medical marijuana or medical marijuana products
from a dispensary, up to an amount determined by the bureau to a primary caregiver,
qualified patient, or person with an identification card as defined in Section 11362.7 of
the Health and Safety Code, or a testing laboratory. "Delivery" also includes the use by
a dispensary of any technology platform owned and controlled by the dispensary, or
independently licensed under the MMRSA, that enables qualified patients or primary
caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary
of medical marijuana or medical marijuana products.
"Marijuana ": shall have the same meaning as "cannabis" as set forth in Business
and Professions Code section 19300.5(f), as the same may be amended from time to
time, and shall include 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. "Marijuana" also
means the separated resin, whether crude or purified, obtained from marijuana.
"Marijuana" also means marijuana as defined by Section 11018 of the Health and
Safety Code. For the purpose of this Section, "marijuana" does not mean "industrial
hemp" as defined by Section 81000 of the Food and Agricultural Code or Section
11018.5 of the Health and Safety Code. Marijuana also means "medical marijuana" as
defined in this Section.
"Medical marijuana product ": shall have the same meaning as "cannabis product"
or "medical cannabis product" as set forth in Business and Professions Code section
19300.5 (ag), as the same may be amended from time to time, and shall include
marijuana, as well as concentrates and extractions, intended to be sold for use by
medical marijuana patients pursuant to the Compassionate Use Act of 1996
(Proposition 215).
"MMRSA ": the Medical Marijuana Regulation and Safety Act, as contained,
codified and enacted as Business and Professions Code Chapter 3.5.
"Mobile marijuana dispensary": the use of a motor vehicle that in any way
involves growing, distributing, delivering, selling or making available to persons, with or
3
Ordinance Number 1652
without financial payment or consideration and regardless of the number of persons
served, marijuana or medical marijuana products, including marijuana for medical
purposes as described in California Health and Safety Code Section 11362.5."
Section 3. Code Amendment. Subsection C of Section 5.70.025 (Medical
Marijuana Dispensaries) of Chapter 5.70 (Miscellaneous Business Regulations) of Title
5 (Business License Regulations) is hereby amended as follows:
"C. Medical Marijuana Dispensary, Mobile Marijuana Dispensary and Marijuana
Delivery Prohibited. It shall be unlawful for any person or entity to own, manage,
conduct, or operate any medical marijuana dispensary or mobile marijuana dispensary
or to participate as an employee, contractor, agent or volunteer, or in any other manner
or capacity, in any medical marijuana dispensary or mobile marijuana dispensary in the
City of Seal Beach. All delivery of marijuana or medical marijuana products to or from
the City of Seal Beach is expressly prohibited within the City of Seal Beach. No person
shall conduct or perform any delivery of any marijuana or medical marijuana product,
which delivery either originates or terminates within the City."
Section 4. CEQA. The City Council hereby finds that it can be seen with
certainty that there is no possibility that the adoption of this Ordinance, and the
prohibitions established hereby, may have a significant effect on the environment,
because the Ordinance will only impose greater limitations on activities in the City, and
will thereby serve to eliminate potentially significant adverse environmental impacts. It
is therefore not subject to the California Environmental Quality Act review pursuant to
Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice
of Exemption will be prepared.
Section 5. Severability. If any sentence, clause, or phrase of this Ordinance is
for any reason held to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining provisions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each sentence, clause or
phrase thereof irrespective of the fact that any one or more sentence, clauses or
phrases be declared unconstitutional or otherwise invalid.
Section 6. Savings Clause. Neither the adoption of this Ordinance nor the
repeal or amendment by this Ordinance of any ordinance or part or portion of any
ordinance previously in effect in the City, or within the territory comprising the City, shall
in any manner affect the prosecution for the violation of any ordinance, which violation
was committed prior to the effective date of this Ordinance, nor be construed as a
waiver of any license, fee or penalty or the penal provisions applicable to any violation
of such ordinances.
Section 7. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause this Ordinance to be published within 15
days after its passage, in accordance with Section 36933 of the Government Code.
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Ordinance Number 1652
Section 8. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 14th, day of March, 2016.
Sandra Massa- Lavitt,Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing ordinance was introduced for first reading at a regular meeting held on the
25th day of January 2016 and was passed, passed, approved and adopted by the City
Council of the City of Seal Beach at a regular meeting held on March 14, 2016 by the
following vote:
AYES: Council Member(s) Deaton, Sloan, Varipapa, Miller, Massa - Lavitt
NOES: Council Member(s) None
ABSENT: Council Member(s) None
ABSTAIN: Council Member(s) None
and do hereby further certify that Ordinance Number 1652 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
Robin L. Roberts, City Clerk
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