File #: ORD 22-015    Name:
Type: Ordinance Status: General Government - Consent
File created: 3/2/2022 In control: Board of Supervisors
On agenda: 3/15/2022 Final action: 3/15/2022
Title: Adopt an ordinance amending Chapter 7.90 of the Monterey County Code to make administrative changes including, but not limited to, clarifying commercial cannabis operation requirements, updating fee and refund provisions, revising on-site tobacco provisions, and establishing cessation of business requirements.
Attachments: 1. Board Report, 2. A. Draft ordinance (redline version), 3. B. Draft ordinance (signed clean version), 4. Completed Board Order Item No. 33, 5. Ordinance No. 5373

Title

Adopt an ordinance amending Chapter 7.90 of the Monterey County Code to make administrative changes including, but not limited to, clarifying commercial cannabis operation requirements, updating fee and refund provisions, revising on-site tobacco provisions, and establishing cessation of business requirements.

Report

RECOMMENDATIONS:

It is recommended that the Board of Supervisors:

 

Adopt an ordinance amending Chapter 7.90 of the Monterey County Code to make administrative changes including, but not limited to, clarifying commercial cannabis operation requirements, updating fee and refund provisions, revising on-site tobacco provisions, and establishing cessation of business requirements.

 

SUMMARY/DISCUSSION

Pursuant to Monterey County Code (MCC) Chapter 7.90, businesses conducting commercial cannabis activities within the unincorporated area of Monterey County must obtain a commercial cannabis business permit. In early 2019, oversight of this permit was transferred to the Monterey County Cannabis Program. Since that time, three ordinances amending the chapter have been adopted by the Board of Supervisors (Board) to permit an annual canopy modification, modify requirements for criminal background checks, and authorize an additional, annual canopy modification.

 

The Program maintains an evolving list of proposed amendments to Chapter 7.90, determined by lessons learnt from administering the chapter, feedback received during cannabis industry meetings, and changes required by the consolidation of the three state cannabis licensing bureaus. The draft ordinance amendment before the Board today would clarify operational requirements and procedures and permit cannabis-related business employees to consume tobacco or nicotine products in designated areas. Broader, more substantive changes will require significant review and deliberation. Staff has already begun working on these proposed amendments and hopes to bring them to the Board once they are thoroughly considered and finalized.

 

The ordinance was introduced for its first reading on March 1, 2022, and is currently before the Board of Supervisors for final adoption. Redlined and clean versions of the ordinance are attached to this report as Attachments A and B, respectively.

 

OTHER AGENCY INVOLVEMENT:

The Office of the County Counsel was involved in the preparation of the ordinance and report and approved the draft ordinance as to form.

 

FINANCING:

The County’s Cannabis Program is funded in County Administrative Office - Department 1050, Intergovernmental and Legislative Affairs Division - Unit 8533, Cannabis.  The proposed amendments to Chapter 7.90 will not incur additional expenses to the Program.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The Monterey County Cannabis Program addresses each of the Strategic Initiative Policy Areas that promote the growth of a responsible and legal Monterey County cannabis industry. 

 

Mark a check to the related Board of Supervisors Strategic Initiatives

X                     Economic Development

X                     Administration

X                     Health & Human Services

X                     Infrastructure

X                     Public Safety

 

Prepared by:                     Joann Iwamoto, Cannabis Program Manager

Approved by:                     Nicholas E. Chiulos, Assistant CAO

 

Attachments:

A. Draft ordinance (redline version)

B. Draft ordinance (signed clean version)