§ 1628. STOREFRONT CANNABIS RETAILERS.

(a) Authorized activities.

(1) A Medicinal Cannabis Retailer permit authorizes the Permittee to engage in the retail Sale of Medicinal Cannabis and Medicinal Cannabis products only.

(2) A Cannabis Retailer permit requires the Permittee to engage in the retail Sale of both Medicinal and Adult Use Cannabis and Cannabis Products.

(3) A Storefront Cannabis Retailer permit does not authorize the Permittee to engage in the Delivery of Cannabis or Cannabis Products to Customers unless the Director has authorized the Permittee to engage in deliveries, as set forth in Section 1622 of this Article 16.

(b) Operating Standards. In addition to the operating requirements set forth in Sections 1618,1 a Storefront Cannabis Retailer shall comply with the following additional operating requirements:

(1) A Storefront Cannabis Retailer must be operated from a fixed place of business. It may not be operated out of a bus, truck, car, van, or any other mobile location or location that is capable of being mobile.

(2) A Storefront Cannabis Retailer shall post staff at the point of entry to the Premises to confirm that all Customers who enter are not underage, as set forth in Section 1619 of this Article 16.

(3) A Storefront Cannabis Retailer must make available to Customers a fact sheet relating to safe Consumption of Cannabis and Cannabis Products, to be produced by the Department of Public Health.

(4) A Storefront Cannabis Retailer shall not employ or enter into any agreements with any physicians who recommend Medicinal Cannabis or with any third party that employs physicians who recommend Medicinal Cannabis.

(5) A Storefront Cannabis Retailer licensed to sell Adult Use Cannabis may not Sell more than 28.5 grams of non-concentrated Adult Use Cannabis or eight grams of concentrated Adult Use Cannabis Products to a Customer in the same business day.

(6) A Storefront Cannabis Retailer licensed to sell Medicinal Cannabis may not Sell more than eight ounces of Medicinal Cannabis or 12 immature Cannabis plants to a Customer in the same business day, unless the Customer provides a Physician’s Recommendation requiring a greater amount.

(7) A Storefront Cannabis Retailer may not:

(A) Allow Customers on the Premises during hours of closure;

(B) Store Cannabis or Cannabis Products in any location other than on the permitted Premises;

(C) Sell Cannabis or Cannabis Products through a drive-up window;

(D) Give away or Sell pressurized containers of butane or other materials that could be used in the home production of Cannabis extract.

(8) A Storefront Cannabis Retailer may accept returns of Cannabis and Cannabis Products that were previously sold by the Storefront Cannabis Business, but shall not resell Cannabis or Cannabis Products that have been returned. A Storefront Cannabis Retailer shall treat any Cannabis and Cannabis Products that are abandoned on the Premises as a return. A Storefront Cannabis Retailer shall destroy all Cannabis and Cannabis Products that have been returned as required by the State of California.

(9) A Storefront Cannabis Retailer must maintain an electronic age verification device to determine the age of any individual attempting to purchase Cannabis or Cannabis Products, which device shall be used for the Sale of the Cannabis or Cannabis Products to the Customer. The device shall be maintained in operational condition and all employees shall be instructed in its use. Cannabis and Cannabis products shall not be sold to a Customer if the electronic age verification device is not functioning.

(10) All operating standards applicable to Sales of Cannabis and Cannabis Products that are made on the Premises of the Cannabis Business shall apply equally to Sales that are made by Delivery pursuant to Section 1622.

(Added by Ord. , File No. 171042, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. , File No. 180912, App. 12/21/2018, Eff. 1/21/2019)

CODIFICATION NOTE

1. So in Ord. .