Title
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Report
RECOMMENDATION:
It is recommended the Board Cannabis Committee:
a. Receive a status report on the cannabis retail facility hours of operations including comparison to the Bureau of Cannabis Control regulations and other jurisdictions; and
b. Provide direction to staff as appropriate.
SUMMARY/DISCUSSION:
At the January 22, 2020 Board of Supervisors Cannabis Standing Committee, public comment was received regarding the Monterey County Code requirement related to retail facility hours of operation.
The unincorporated area of Monterey County has 5 retail dispensaries with 2 under review. The 5 active dispensaries are in the following areas: 3 in North County and 2 in the Carmel Valley Master Plan. The 2 under review are in the following areas: 1 in North County and 1 in Moss Landing Commercial Plan.
Section 21.67.040(D)(6) of the Monterey County Code states "The retailer shall operate only in accordance with the operating plans reviewed and approved by the County. The County shall limit the hours of operation for a retail facility to begin no earlier than eight a.m. and to end no later than eight p.m." To amend this section of the code, the ordinance would need to go before the Planning Commission and the Board of Supervisors.
Section 7.90.100(B) of the Monterey County Code states "At any time between eight a.m. and eight p.m. and without notice, County officials may enter the premises for the purpose of observing compliance of the commercial cannabis operation with this Section, including access to and inspection of the commercial cannabis operation's records, books, accounts, financial data, and any and all data relevant to its permitted activities for the purpose of conducting an audit or examination."
To ensure regulatory continuity, both sections would need to be amended at the same time.
The Bureau of Cannabis Control regulations, Title 16, Division 42, Chapter 3, Section 5403 state: "A licensed retailer shall sell and deliver cann...
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