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Proposed Vallejo Ordinance to Close All Cannabis Dispensaries
by repost
Sunday Mar 15th, 2015 11:12 AM
"Placing on the Police Department the responsibility to regulate MMDs and enforce local laws will help to achieve the City Council's stated goals of reducing MMDs by having the ability to undertake legal action. A more permissive approach-which is not recommended-would be to task the Planning Division with the responsibility to enforce "conditions of approval" which might be imposed on MMDs pursuant to a land use entitlement set forth in the zoning ordinance. This latter approach is not being recommended for the following reasons: 1) The Planning Division is currently focusing on timely processing of economic development projects and increasing applicant customer satisfaction; 2) the administrative tools and resources available to Planning Division staff to enforce land use laws are not as effective as the regulatory tools and investigative resources available to the Police Department; 3) The Police Department has much more experience interpreting complex civil and criminal laws, producing reports that support a legal/court process, and have existing relationships with the legal community in their enforcement role."
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See also: The City of Vallejo is allowing local residents to weigh in on the medical marijuana dispensary issue by releasing the proposed ordinance via the Open City Hall forum on the city’s web page.Vallejo residents have until 10 a.m. on Thursday to voice concerns, comments, and ask questions about the ordinance which, if approved, would allow two MMDs in the city through discretionary regulatory permits.
Proposed medical marijuana dispensary ordinance released on Vallejo’s Open City Hall forum
http://www.timesheraldonline.com/government-and-politics/20150314/proposed-medical-marijuana-dispensary-ordinance-released-on-vallejos-open-city-hall-forum
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What are your comments and input on the proposed Ordinance adding Chapter 7.100 to the Vallejo Municipal Code pertaining to Medical Marijuana Dispensaries?

---------------
DATE: March 24, 2015
TO: Mayor and Members of the City Council
FROM: Daniel E. Keen, City Manager
Claudia Quintana, City Attorney
Andrew Bidou, Chief of Police

SUBJECT: INTRODUCE AN ORDINANCE ADDING CHAPTER 7.100 TO THE VALLEJO MUNICIPAL
CODE TO PROVIDE LIMITED IMMUNITY TO TWO MEDICAL MARIJUANA DISPENSARIES
THROUGH DISCRETIONARY REGULATORY PERMITS

RECOMMENDATION
Hold on first reading an ordinance providing limited immunity to two medical marijuana dispensaries through discretionary regulatory permits.

REASONS FOR RECOMMENDATION
On January 13, 2015, the City Council gave staff direction to close down (via civil injunction) existing medical marijuana dispensaries (MMDs). On the same night, the City Council gave direction to draft and bring back an ordinance which would allow for the operation of a limited number of MMDs, and to stop collecting taxes on existing illegal dispensaries.

The draft ordinance best accomplishes this Council's expressed desire to be able to successfully shut down
illegal MMDs while allowing for the operation of a limited number of regulated MMDs.

BACKGROUND AND DISCUSSION
Currently, all medical marijuana dispensaries operating within the City of Vallejo are operating illegally. This is so because the City's zoning ordinance does not define MMD as an allowed land use. California law allows municipalities to regulate their land use, and that use is prohibited until such a time as the legislative body of the City chooses to enact land use legislation which would allow such use. Normally, land use regulation carries with it "reasonable conditions of approval." For example, it regulates hours of operation, the impacts on the neighborhood, parking and traffic conditions created, etc.

In the case of MMDs, the community concerns do not necessarily center on the typical land use concerns, but rather, on Vallejo's image as a whole, the odor, the ease with which marijuana will be accessible to minors, the impact on youth, perceived or actual criminal activity centered around all-cash operations, safety concerns regarding the potential for armed weapons and robberies of that cash or of marijuana product, and the need of staff to safely understand and inspect operations to ensure compliance with proposed local regulations but also with state law.

One prior concept of an ordinance regulating MMDs that circulated among various interested groups envisioned that existing MMDs would continue to operate as long as they complied with local guidelines that had yet to be written. Likewise, it was envisioned that the regulations would be located in the zoning ordinance, and enforced by Planning Division staff through the land use entitlement process. Normally, this approach entails grandfathering in existing land uses, or, alternatively, setting forth a reasonable but lengthy timeline in which the use would be discontinued.

However, given Councilís express desire to immediately curtail the proliferation of MMDs, and indeed shut them down prior to allowing a select number to operate, staff is proposing an approach modeled after Los Angeles' ordinance. Certain local regulatory aspects have been borrowed from the City of Richmond. The ordinance which is attached to this staff report has a stronger regulatory component than would be available through a land use ordinance. This approach should make it easier to shut down illegal MMD operations, while regulating a select number.

The proposed ordinance is not a land use regulation. The recommended approach is to not amend the zoning ordinance. This would have the effect of having the MMD "land use" remain illegal, the way it currently is, and has always been. Although the use itself would be prohibited, a limited number of MMDs would be granted limited immunity from local civil prosecution if they comply with specific requirements in the regulatory ordinance.
The following outline describes the salient points of this approach:

* The zoning ordinance is NOT amended; therefore the MMD use would remain prohibited as a land use, and no MMDs would be grandfathered in. Since it is not a land use entitlement, no "right" subject to due process would run with the land, and although some process is given in the ordinance, the MMDís operations would be easier to terminate should they become noncompliant.

* Despite the prohibition, two MMDs would be granted immunity from prosecution in exchange for the MMD's adherence to certain conditions.

* MMD to be regulated via a regulatory permit administered by the Police Department.

* Strict location requirements: at least 600 feet from any school, park, recovery center or other marijuana business.

* Adherence to prohibited activity checklist: no dispensing to non-members, no manufacturing of concentrated cannabis on sites, no drinking or other controlled substances on site.

* 9 a.m. to 7 p.m. operations, subject to Police Department inspection during these hours.

* No minors allowed, no consumption of marijuana or of alcohol on site.

* No cultivation on site.

* Pay taxes as due and fees as set by the City Council in a future resolution.

* There is an exemption for dwelling units involving the marijuana cultivation and dispensation when it involves a maximum of three qualified patients and otherwise complies with state law.

Placing on the Police Department the responsibility to regulate MMDs and enforce local laws will help to achieve the City Council's stated goals of reducing MMDs by having the ability to undertake legal action. A more permissive approach-which is not recommended-would be to task the Planning Division with the responsibility to enforce "conditions of approval" which might be imposed on MMDs pursuant to a land use entitlement set forth in the zoning ordinance. This latter approach is not being recommended for the following reasons: 1) The Planning Division is currently focusing on timely processing of economic development projects and increasing applicant customer satisfaction; 2) the administrative tools and resources available to Planning Division staff to enforce land use laws are not as effective as the regulatory tools and investigative resources available to the Police Department; 3) The Police Department has much more experience interpreting complex civil and criminal laws, producing reports that support a legal/court process, and have existing relationships with the legal community in their enforcement role.

FAQs

What about all the MMDs who are operating legally through payment of their taxes?

a) There are no MMDs operating legally within the City of Vallejo.

b) Paying taxes does not legalize MMD operations. Measure C was only a tax measure, it did not give any MMD the right to operate, nor did it allow or regulate MMD operations. See the sample tax certificate containing language prohibiting unlawful use (notwithstanding the collection of the tax) attached to this staff report. At the time, it was assumed that regulatory measures, if any, would be forthcoming. However, paying taxes on an activity does not make the activity legal.

c) What makes operations legal? Operations must comply with at least three sets of laws: local, state and
federal. Some existing MMDs may be in compliance with state law, but that's not all the laws that count.
Federal and local laws must be adhered to as well. In the case of MMDs, no MMDs are able to comply with federal law, because under federal law there is no way to legally dispense marijuana. In Vallejo, MMD uses are prohibited, so until and unless local law allows that use, the MMDs are operating illegally. The City is able to adopt a regulatory scheme, such as the one proposed tonight, to allow a limited number of MMDs, and that would become the "local" law which governs any operations allowed by local law. Alternatively, the City could choose to adopt a local law which completely bans MMDs, like all the other Solano County cities have done. There is nothing in state or local law that compels the Council to allow MMDs within its territory.

What about the MMDs who opened up prior to the moratorium? Aren't they legal?
As explained above, MMDs were, are, and have always been unlawful because they do not comply with local law. To the extent some paid taxes, this does not legalize their operations until such a time as the Council adopts an ordinance which does allow them. The moratorium was not the vehicle which made them illegal. It was already illegal. The moratorium was a vehicle which was meant to educate in-coming MMDs that their use was unlawful by providing an additional statute and additional justification to prevent their location to Vallejo. Additionally, internal research has revealed that it is very difficult to ascertain when MMDs began operations, since many applicants submit applications with false, deceptive or incomplete information. It is likewise difficult to ascertain whether the MMDs are in compliance with state law, given that the Attorney General Guidelines provide that a MMD is not to make a profit. Confirming this would require an examination and audit of financial records.

Where will I get my medical marijuana if the MMDs are shut down?
The proposed ordinance does not prohibit transportation services, and exempts dwelling units with no more than three qualified patients, who can grow their own.

What will be the effect of future legislation on the MMDs?
If State law changes result in this ordinance being preempted, staff will bring back the ordinance to repeal or modify the proposed ordinance. However, current legislative efforts have not produced enough detailed text to be able to offer an opinion on this matter one way or the other.

Next Steps

If this Council holds this ordinance on first reading tonight, it may be adopted at the second reading and would become effective 30 days after the second reading which would take place on April 14.

Subsequent to its effective date, the Finance and Police Departments would bring an item back to the Council to set the fees that are referenced in the ordinance. Those fees are: 1) the nonrefundable processing and notification fee as described in 7.100.080; 2) the permit fee per 7.100.060; 3) the appeal fee per 7.100.105; and 4) the permit modification fee in 7.100.110. Staff has already engaged a fee consultant, and it is estimated that the fees would be brought back to council on April 28.

Once that has been accomplished, the Chief of Police would solicit applications for MMDs interested in applying for a permit via a request for proposals, and set a cut-off date. It is expected that this activity would take place during the month of May and into early June 2015.

During the review process, applications would be reviewed for completeness and ranked pursuant to the criteria contained in the ordinance. Up to two MMDs would be selected from a group of pre-qualified MMDs. All other MMDs would remain, as they are now, subject to closure via enforcement.

It is expected that the two permits would be issued on July 1, 2015, from among applicants, and the selected MMDs would be expected to pay the applicable fees immediately.

The number of MMDs: Is two a reasonable number?
Staff recommends two as a reasonable number for Vallejo, in that all Solano County cities have banned them, and the only other jurisdiction in Solano County which has an MMD is Fairfield. Fairfield only has one. All other MMDs in Solano County are located here in Vallejo. Vallejo has no responsibility to supply medical marijuana to all surrounding areas, including those municipalities who have banned dispensaries.

As shown below, many of the surrounding East Bay Area cities have one or none.

Martinez.
Based on internet research, there is one MMD operating in Martinez. Population for Martinez is 35,824 in the 2010 census.
Santa Rosa.
Based on internet research, there are seven MMDs operating in Santa Rosa. Santa Rosaís medical marijuana ordinance only allows two MMDs to legally operate (S.R. Code 10-40.090) Santa Rosa has a population of 167,207 according to the 2010 census.
Concord.
Based on internet research, there are no MMDs operating in Concord. Medical marijuana was banned in Concord in 2005. The population of Martinez is 122,067 according to the last census.
Pleasant Hill.
Based on internet research, there is one MMD operating in Pleasant Hill. Pleasant hill has a population of 33,152 according to the last census.
Richmond.
Based on internet research, there are five MMDs operating in Richmond. Pursuant to Richmond's ordinance there are a maximum of 6 allowed. Their first version of their ordinance allowed for three. This was later raised to six. (See City of Richmond Code 7.102.050). The population of Richmond is 103,701 according to the 2010 census.
San Leandro
Based on internet research, there are no MMDS operating in San Leandro. Only one MMD is permitted pursuant to San Leandro Code 4-330-200(c) adopted in 2013. The population of San Leandro is 86,869 according to the 2010 census.
Solano County Cities.
Based on internet research, outside of Vallejo, there is only one MMD operating in Fairfield. In all of Solano County and in all the Solano County Cities (Fairfield, Suisun, Rio Vista, Benicia, Vacaville), MMDs are not allowed, either by express ban, or because the zoning ordinance does not allow uses which are not described therein. In Vallejo, even though the use is not allowed, according to internet search, there are 19 MMDs in operation just in Vallejo. Vallejo has a population of 116,416 according to the last census.

According to a website which maintains information about California cities' enactment of medical marijuana
related laws ( http://mycaliforniacannabis.com/cannabis-laws/city/), the vast majority of California cities have not enacted laws allowing or regulating medical marijuana.

Given the above, staff concludes that allowing two medical marijuana dispensaries is a reasonable number, in light of the City Council's desire to curtail the proliferation of MMDs while still allowing for some access. Nevertheless, two is a number which can be increased at this Council's direction now or at a future time. For instance, Richmond recently increased by three the allowable number of MMDs in its jurisdiction. There are now up to six allowed, five actually operating.

Date: March 24, 2015 Subject: LIMITED IMMUNITY FOR MEDICAL MARIJUANA DISPENSARIES Page 5

FISCAL IMPACT
Since January 13, 2015, the City has not been collecting taxes on existing illegal MMDs, pursuant to this Councilís direction. If enacted, it is estimated the ordinance would generate $400,000 to $700,000 of revenue in taxes and fees. Fees established pursuant to the ordinance would be set at an amount to fully recover all costs associated with administering the ordinance.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS
1. Ordinance

2. Sample MMD tax certificate and Business License

3. Cease and desist letter

CONTACT
Claudia Quintana, City Attorney, (707) 648-4545 Andrew Bidou, Chief of Police, (707) 648-4455
IN THE CITY COUNCIL OF THE CITY OF VALLEJO
ORDINANCE NO. 2015 ñ xx

AN ORDINANCE ADDING CHAPTER 7.100 OF THE VALLEJO MUNICIPAL CODE
PERTAINING TO MEDICAL MARIJUANA DISPENSARIES

WHEREAS, the Compassionate Use Act adopted by voters in 1996, and the Medical Marijuana Program Act, enacted by the state legislature in 2003, provided California's qualified patients and their primary caregivers with limited immunities to specified criminal prosecutions under state law for purposes including to ensure that qualified patients and their primary caregivers who obtain and use marijuana for medical purposes are not subject to state criminal prosecution; and

WHEREAS, in November 2011, City of Vallejo voters passed Measure C, a marijuana business tax-revenue ordinance which provides that payment of a business license tax and its acceptance by the City shall not entitle any person to carry on a marijuana business in a zone or locality in which the conduct of such marijuana business is in violation of any law; and

WHEREAS, the zoning ordinance of the City of Vallejo does not allow medical marijuana dispensaries or any marijuana business as a use, which renders any such use an illegal public nuisance per se; and

WHEREAS, in recent years, according to police sightings, neighborhood complaints, and internet information, more than 40 medical marijuana businesses operated or are operating in the City of Vallejo without any land use approval under the Vallejo Municipal Code, and an unknown number of these businesses continue to open, close, and reopen in Vallejo with no regulatory authorization from the City; and

WHEREAS, the City wishes to address the continued proliferation of unauthorized medical marijuana dispensaries in the City by granting limited immunity from enforcement of its prohibition on medical marijuana dispensaries under the Vallejo Municipal Code for up to two medical marijuana dispensaries until such time as the California Supreme Court rules on what cities can and cannot regulate and the City enacts new medical marijuana legislation consistent with court decision; and

WHEREAS, medical marijuana dispensaries are not legal within the City of Vallejo because Vallejo's zoning ordinance does not allow 'medical marijuana' as a use and therefore by law such use is prohibited; and

WHEREAS, despite the prohibition medical marijuana dispensaries have opened their doors and continue to operate in the City of Vallejo; and

WHEREAS, neither electrical or building permits, nor fire inspections, nor payment of taxes in any way bestows a legal right to use land for a medical marijuana dispensary, and

WHEREAS, all medical marijuana dispensaries currently operating are operating in violation of local law and therefore each such operation constitutes a nuisance.

WHEREAS, Vallejo Municipal Code section 1.12.020 provides that uses contrary to the ordinances of the City of Vallejo constitute a public nuisance; and

WHEREAS, the City nevertheless recognizes that the availability of medical marijuana through a limited number of regulated medical marijuana dispensaries is a valid governmental interest to ensure access to those sick people who have a doctor's recommendation in compliance with state law while ensuring that the impacts of those dispensaries on the neighborhood are regulated, as detailed in the staff report; and

WHEREAS, April 14, 2015, is set to be the second reading and adoption of this ordinance, and thus, April 21, 2015, ñ one week from adoption-is a reasonable date by which to decide eligibility for the regulatory permits to be issued pursuant to this chapter, to the extent it helps the city distinguish illegal medical marijuana dispensaries that are willing to follow city regulations from those who are not, when, through public discourse at the various council meetings, the city has made clear that existing illegal medical marijuana dispensaries are unlawful, the existing medical marijuana dispensaries have all now been notified via mail to their managers and property owners that their existence is unlawful, that they should cease and desist operations, and that it is this Councilís intent to take enforcement action to close them, and so any medical marijuana dispensary that continues to operate is actively flouting the law;

NOW, THEREFORE, The City of Vallejo City Council does hereby find that:

1. Existing medical marijuana dispensaries are operating illegally despite the City's prohibition and such operations constitute a public nuisance.

2. The City Attorney issued and mailed a written cease-and-desist letter to identified dispensary owners, managers and property owners on March 11, 2015, dispelling any doubt about the illegality of their operations.

3. This Ordinance is being considered for first reading on March 24, 2015, and second reading on April 14, 2015, and

4. Thereafter, pursuant to Vallejo Municipal Code section 2.04.020, the Clerk shall publish a summary of the ordinance in the newspaper in the week following, and thereafter

5. Any dispensary continuing to operate on or after April 21, 2015, is clearly flouting the Cityís land-use authority and constituting a nuisance notwithstanding ample notice, signaling to this Council that they have no intent to comply with local regulations, and for those reasons each and every medical marijuana dispensary operating on or after April 21, 2015, is ineligible to receive immunity from prosecution via the permit provided for in this ordinance.

6. Based on a comparison with other cities, and the information in the staff report, two (2) dispensaries is a reasonable number of dispensaries for Vallejo citizens to have access to medical marijuana while at the same time containing the proliferation of unregulated, illegal dispensaries.


AND FURTHER, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN as follows:

SECTION 1. Vallejo Municipal Code Chapter 7.100 is hereby added to read as follows:

Chapter 7.100 Medical Marijuana

7.100.010 Purpose and Intent
7.100.020 Definitions
7.100.030 No Authority to Permit Use in Any Zone; Unlawful to Distribute Marijuana;
Unlawful to Make False Statements
7.100.040 No Vested or Nonconforming Rights
7.100.050 Limited Immunity
7.100.060 Permit Required; Mandatory Permit Fee; Failure to Commence
Operations
7.100.070 Location and Number
7.100.075 Prohibited Activity
7.100.080 Permit Application Process
7.100.090 Permit Approval and Operating Conditions
7.100.100 Permit Non-Transferable and Revocable
7.100.105 Revocation Process
7.100.110 Modification of Permit Conditions
7.100.120 Maintenance of Records
7.100.130 Inspection Authority
7.100.140 Existing Medical Marijuana Dispensaries
7.100.150 Enforcement
7.100.160 Limited Severability
7.100.010 Purpose and Intent

It is the purpose and intent of this chapter to prohibit Medical Marijuana Dispensaries but grant limited immunity from the enforcement of its prohibition to two Medical Marijuana Dispensaries that do not violate the restrictions set forth in this ordinance, until such time as the California Supreme Court rules on what cities can and cannot regulate and the City enacts new medical marijuana legislation consistent with court ruling. This ordinance is not intended to conflict with federal or state law. Nothing in this ordinance purports to permit activities that are otherwise illegal under federal, state, or local law.

7.100.020 Definitions.
The following words or phrases, whenever used in this Chapter, shall be given the following definitions:
'Chief of Police' as used in this chapter is defined to mean the City of Vallejo Chief of Police, or his/her designee.
"City" means the City of Vallejo, and any legislative body granted regulatory authority over Medical Marijuana Dispensary operations by this ordinance.
"City Manager" means the City Manager of the City of Vallejo or his/her designee.
"Delivery Service" means the transportation or delivery of medical Marijuana by means of a vehicle to its intended recipient.
"Manager" means a Medical Marijuana Dispensary member with responsibility for the establishment, organization, registration, supervision, or oversight of the operation of a Medical Marijuana Dispensary, including but not limited to members who perform the functions of president, vice president, director, operating officer, financial officer, secretary, treasurer, or manager of the Medical Marijuana Dispensary.
"Marijuana" shall be construed as defined in California Health and Safety Code Section 11018 and further shall specifically include any product that contains marijuana or a derivative of marijuana, including edibles.
"Medical Marijuana Dispensary" is any collective, cooperative, dispensary or association as described in California Health and Safety Code Section 11362.775 that distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away Marijuana in the City for medicinal purposes to four (4) or more Qualified Patients and/or Primary Caregivers pursuant to California Health and Safety Code Sections 11362.5, 11362.7 et seq.
(1) Notwithstanding the above, ìMedical Marijuana Dispensaryî does not include

(a) Any dwelling unit where a maximum of three (3) or fewer Qualified Patients, persons with an identification card, and/or primary caregivers process or associate to collectively or cooperatively cultivate Marijuana on-site, with respect to Qualified Patients and persons with an identification card for their own personal medical use, and with respect to the Primary Caregivers for the personal medical use of the Qualified Patients or persons with an identification card who have designated the individual as a Primary Caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.;

(b) Any location during only that time reasonably required for a Primary Caregiver to distribute, deliver, or give away Marijuana to a Qualified Patient or person with an identification card who has designated the individual as a Primary Caregiver, for the personal medical use of the Qualified Patient or person with an identification card, in accordance with California Health and Safety Code Section 11362.5 and 11362.7 et seq.;

(c) The location of any clinic licensed pursuant to Chapter 1 (commencing with Section 1200), a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250), a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725), all of Division 2 of the California Health and Safety Code where: (i) a Qualified Patient or person with an identification card receives medical care or supportive services, or both, from the clinic, facility, hospice, or home health agency, and (ii) the owner or operator, or one of not more than three employees designated by the owner or operator, of the clinic, facility, hospice, or home health agency has been designated as a Primary Caregiver pursuant to California Health and Safety Code Section 11362.7(d) by that Qualified Patient or person with an identification card; or

(d) Any vehicle during only that time reasonably required for its use by: (i) a Qualified Patient or person with an identification card to transport Marijuana for his or her personal medical use, or (ii) a Primary Caregiver to transport, distribute, deliver, or give away Marijuana to a Qualified patient or person with an identification card who has designated the individual as a Primary Caregiver, for the personal medical use of the Qualified Patient or person with an identification card, in accordance with California Health and Safety Code Section 11362.765.

"Member" is a patient, manager, or other person who has acquired membership and who participates in the collective, cooperative or dispensary by buying, receiving, distributing, dispensing, storing, exchanging, processing, or delivering marijuana to the Medical Marijuana Dispensary.
"Property" as used in this Chapter means the location at which the Medical
Marijuana Dispensary members, employees, volunteers or agents distribute Marijuana.
The following words or phrases when used in this Section shall be construed as defined in the California Health and Safety Code Sections 11362.5 and 11362.7: ìAttending Physician,î ìIdentification Card,î ìPrimary Caregiver,î ìQualified Patient.î
7.100.030 No Authority to Permit Use in Any Zone; Unlawful to Distribute Marijuana; Unlawful to Make False Statements.
A. The use of any building, structure, location, premises or land for a Medical Marijuana Dispensary is not currently enumerated in the Vallejo Municipal Code's zoning ordinance as a permitted use in any zone. The Medical Marijuana Dispensary land use is therefore not allowed. So long as this chapter remains in effect, the planning manager shall not have the authority to determine that the use of any building, structure, location, premise or land as a Medical Marijuana Dispensary may be permitted in any zone, or to grant any variance authorizing any Medical Marijuana Dispensary. Both primary and accessory Medical Marijuana Dispensary uses are included in this prohibition.
B. It is unlawful for any person to cause, permit or engage in the cultivation, possession, distribution, exchange or giving away of Marijuana or products containing Marijuana in any form, for medical or non-medical purposes except as provided in this chapter, and pursuant to any and all other applicable local and state law. The prohibition includes renting, leasing, or otherwise permitting a Medical Marijuana Dispensary to occupy or use a location, vehicle, or other mode of transportation.
C. It is unlawful for any person knowingly to make any false, misleading or inaccurate statement or representation in any form, record, filing or documentation required to be maintained, filed or provided to the City under this chapter or any applicable section of the Vallejo Municipal Code. A violation of this subsection may be prosecuted as a misdemeanor.

7.100.040 No Vested or Nonconforming Rights.
This chapter prohibits Medical Marijuana Dispensaries. Neither this Chapter, nor any other provision of the Vallejo Municipal Code, failure to act, statement, representation, certificate, approval, or permit issued by the City or its departments, or their respective representatives, agents, employees, attorneys or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any Medical Marijuana Dispensary.

7.100.050 Limited Immunity.
Notwithstanding the activities prohibited by this chapter, and notwithstanding that Medical Marijuana Dispensary is not and shall not become a permitted use in the City for so long as this chapter remains in effect, a limited immunity shall be available and may be asserted as an affirmative defense to an action brought by the City of Vallejo to enjoin activity prohibited under VMC 7.100.030B but only so long as each and every provision and clause of this chapter remains valid, effective and operative and only if the Medical Marijuana Dispensary has a permit under Section 7.100.060, and only if the Medical Marijuana Dispensary remains in compliance with all the terms and conditions of the Permit. The limited immunity provided in this chapter shall not be asserted as an affirmative defense to any violation of law except as expressly set forth in this chapter. Further, nothing contained in this limited immunity is intended to provide or shall be asserted as a defense to a claim for violation of law brought by any county, state or federal governmental authority. Finally, any immunity or benefit conferred by this ordinance shall expire permanently and in full on the effective date of the City Council's enactment of new medical marijuana legislation after medical marijuana ruling by the California Supreme Court, or otherwise upon repeal of this ordinance.

7.100.060 Permit Required; Mandatory Permit Fee; Failure to Commence Operations.
A. No Medical Marijuana Dispensary, Manager or person shall carry on, maintain or conduct any Medical Marijuana Dispensary related operations, including retail or wholesale sales of Marijuana or preparing, giving away or distributing edible Marijuana products, in the City without first obtaining a Medical Marijuana Dispensary permit from the Chief of Police.
B. Mandatory Payment of Fees to Maintain Permit Once a Medical Marijuana Dispensary has been granted/issued a permit under this chapter, it shall remit to the City the annual permit fee that has been set by the Fee Schedule, and as amended by resolution. The permit fee shall be made in quarterly installments and is due and payable no later than 10 days from the due date. In order to maintain a permit issued under this Chapter, the Medical Marijuana Dispensary must timely pay every quarterly payment. Failure to remit the quarterly permit fees shall result in revocation of the permit pursuant to section 7.100.105.
C. Only Medical Marijuana Dispensaries who were not in operation or voluntarily ceased operations as of April 21, 2015, will be eligible for the permit under this section.

7.100.070 Location and Number.
A. For purposes of the grant of limited immunity only, all Medical Marijuana Dispensaries shall be located in districts set forth in Section 16.22, 16.33, and 16.34 of the Vallejo Municipal Code.
B. All Medical Marijuana Dispensaries shall be a minimum of six hundred (600) feet from any public or private school, kindergarten through high school, or public or private child-care center, pre-school or nursery, public park, public library, religious institution, youth center, alcoholism, drug abuse recovery or treatment facility or other Medical Marijuana Dispensary. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school, park or other facility, to the closest property line of the lot on which the Medical Marijuana Dispensary is to be located without regard to intervening structures.
C. All Medical Marijuana Dispensaries shall be no larger than 8,000 square feet of retail size. BD. The City shall permit no more than two (2) Medical Marijuana Dispensaries to operate in the City of Vallejo. When there are fewer than two (2) permitted Medical Marijuana Dispensaries operating within the City, the Chief of Police shall publish a n Invitation for Applications on the Cityís website, stating the period during which applications will be accepted.

7.100.075 Prohibited Activity.
A. No Medical Marijuana Dispensary or Manager shall cause or permit the sale, distribution or exchange of medical Marijuana cultivated at the property or of any edible medical marijuana product manufactured, processed, prepared, or packaged at the property to any person who is not a member or a Manager of the permitted Medical Marijuana Dispensary.
B. There shall be no cultivation of Marijuana at the Property.
C. No manufacture of concentrated cannabis in violation of California Health and Safety Code Section 11379.6 is allowed.
D. No Medical Marijuana Dispensary shall be open to or provide Marijuana, in any form, to anyone between the hours of seven o'clock (7:00) p.m. and nine o'clock (9:00)
a.m.

E. No person under the age of eighteen (18) shall be allowed at the property, unless that minor is a Qualified Patient and is accompanied by his or her licensed attending physician, parent(s) or documented legal guardian.

F. No Medical Marijuana Dispensary shall possess Marijuana that was not cultivated by its Managers or members.

G. No Medical Marijuana Dispensary, Manager or member shall cause or permit the sale, dispensing, or consumption of alcoholic beverages, or any controlled substance, on the property or in the parking area of the Property.

H. No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service allowed.

I. No Medical Marijuana Dispensary, Manager or member shall cause or permit the use, inhalation, smoking, eating, ingestion, or otherwise consumption of marijuana on the Property, including the parking areas of the property.

J. No person who is currently charged with or has been convicted within the previous ten (10) years of a crime of moral turpitude (such as theft, fraud, or assault), or who is currently on parole or probation for crimes involving the sale or distribution of any controlled substance, shall be engaged directly or indirectly in the management of the Medical Marijuana Dispensary nor, further, shall manage or handle the receipts and expenses of the collective.

7.100.080 Permit Application Process.
Any prospective Medical Marijuana Dispensary seeking a permit required by this chapter shall complete and file an application on a form supplied by the Chief of Police, and shall submit with the completed application payment of a nonrefundable processing and notification fee, as established by the City Council by resolution.

A. Filing. The prospective Medical Marijuana Dispensary shall provide the following information:

1. The address of the property where the proposed Medical Marijuana Dispensary will operate.

2. A request for mailing and notice, together with the appropriate fee. The request shall be forwarded to the Planning Manager to process and mail, and shall be addressed to all property owners and tenants within 500 feet of the proposed site. The notice shall include the following text:

"A permit application for a Medical Marijuana Dispensary proposed to be located at [insert address] has been submitted to the Vallejo Chief of Police. Any comments pertaining to this proposal are to be submitted, in writing, to the Chief of Police, Vallejo Police Department 555 Amador St., Vallejo, CA, 94591 by [insert date three weeks from the date of this notice] to VPD]."

3. A site plan demonstrating that the site:

a. Is not located in a high-crime area according to the Police Department, based on a 12-month review of calls for service for the site and surrounding area.

b. Complies with state requirements applicable to the location of dispensaries as well as the location requirements for limited immunity under this ordinance.

c. Contains site and building improvements which enhance the visual appearance of the site and surrounding neighborhood, including signage as follows: one building-mounted sign at one square foot per one-half linear foot of street frontage, no taller than the roofline with a maximum size of 100 square feet, no window signs and no freestanding signs (unless part of an existing multi-tenant sign).

d. Is located near other land uses that could help optimize natural surveillance and safety, and the layout and design promotes safety and ease of surveillance by police, safety personnel, and persons in the surrounding area, to the satisfaction of the Police Chief.

e. Contains a description of the Property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federal Americans with Disabilities Act.

f. The site plan shall demonstrate that there are separate rooms or partitioned areas within the Medical Marijuana Dispensary for the receipt of supplies and for the distribution of Medical Marijuana to Qualified Patients and/or Primary Caregivers, including exterior photographs of the entrance(s), exit(s), street frontage(s), parking, front, rear and side(s) of the proposed property and photographs depicting the entire interior of the proposed property.

4. A security plan including procedures for verifying identification of Qualified Patients and Primary Caregivers both before entering the collective and again before receiving medical marijuana; the number, location and hours of security guards; and a theft prevention plan.

5. A letter by the property owner indicating his or her consent that the property will be used as a Medical Marijuana Dispensary.

6. The name, address, telephone number, title and function(s) of each Manager. For each Manager, a fully legible copy of one (1) valid government-issued form of photo identification, such as a driver's license.

7. For each Manager, a summary criminal history ("LiveScan") prepared by the Vallejo Police Department not more than two weeks prior to the date of application and demonstrating that there are no pending charges or convictions for crimes of moral turpitude ( including, without limitation, theft, fraud, or assault) within the previous 10 years, and that the subject is not currently on parole or probation for the sale or distribution of a controlled substance.

8. Written confirmation as to whether a Medical Marijuana Dispensary with one or more Managers in common with the applicant previously operated in the City of Vallejo, Solano County, or any other city, county or state, whether the Medical Marijuana Dispensary permit applicant ever had a license/permit revoked or suspended and the reason(s) therefore.

9. Either (a) if the Medical Marijuana Dispensary is incorporated, a certified copy of Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the Medical Marijuana Dispensaryís bylaws demonstrating that the Medical Marijuana Dispensary is organized as a non-profit entity; or (b) if the Medical Marijuana Dispensary is unincorporated, a copy of the Medical Marijuana Dispensary's notarized creating document demonstrating that the Medical Marijuana Dispensary is organized as a non-profit entity. A creating document may include articles of association, bylaws, constitution, or other documents that set forth how the Medical Marijuana Dispensary will operate.

10. A seller's permit from the California Board of Equalization.

11. The name and address of the applicant's current Agent for Service of Process.

12. A copy of the Medical Marijuana Dispensary's operating conditions, containing a statement dated and signed by each Manager, under penalty of perjury, he or she has read, understands and shall ensure compliance with all operating conditions.

13. A copy of the prohibited activity checklist, available from the Vallejo Police Department, containing a statement dated and signed by each Manager, under penalty of perjury, that he or she has read, understands and shall ensure that neither the Medical Marijuana Dispensary nor its members and Managers shall engage in the prohibited activity. A copy of the prohibited activity checklist shall be posted inside the Medical Marijuana Dispensary on a wall or other surface which is clearly visible to patients, managers and any other persons.

14. A statement dated and signed by each Manager, under penalty of perjury, that the Manager has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the supervision of the Managers.

15. A statement of whether edible medical marijuana will be prepared at the proposed property and, if so, evidenced of approval from Solano County Department of Resource Management.

B. The request for mailing and notice to neighboring owners and tenants pursuant to ß7.100 080A shall be forwarded to the Planning Manager for processing. After the closing of the application period, the Chief of Police, in consultation with the Planning Manager, will evaluate all complete applications.

C. Applications will be evaluated and ranked on their proposals to address neighborhood impacts and ability to preserve the public health, safety and welfare, including location, security and surveillance capability. Terms of the proposals acceptable to the Chief of Police will become required terms for the duration of the permits.

D. From among the applications the Chief of Police has determined are complete and meet all application requirements, a maximum of two (2) permits shall be issued. Permits shall be on-going unless revoked pursuant to this chapter.

7.100.090 Permit Approval and Operating Conditions.

Any permit issued pursuant to this chapter shall include a prohibited activity checklist acknowledging each prohibited activity set forth in section 7.100.075, to be signed by each Manager, with an obligation to refrain from such activity. In addition, each permittee shall perform all terms as described in its application and continually comply with all of the following conditions of operation, provided that additional conditions may be imposed as necessary to preserve the public health, safety, and welfare:

A. The Property satisfies all location requirements as set forth in this chapter, and its operations as described in its initial application.

B. Exterior building and parking area lighting at the property are in compliance with initial application, as approved, and all applicable provisions of this Code. To the extent new building improvements are proposed in the future, permittee must submit all required applications.

C. Windows and roof hatches at the Property shall be secured so as to prevent unauthorized entry; equipped with latches that may be released quickly from the inside to allow exit in the event of emergency; and comply with all applicable Building and Fire Code provisions.

D. The Property provides a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the property is not detected outside the property, anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the Medical Marijuana Dispensary.

E. The Property is monitored at all times by closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the property. The camera and recording system must be able to produce recordings at the request of the Police Department. The recordings shall be maintained at the Property for a period of not less than thirty (30) days.

F. The Property has a centrally-monitored fire and burglar alarm system.

G. A sign is posted in a conspicuous location inside the property advising:
1. The diversion of Marijuana for non-medical purposes is a violation of State law.

2. The use of Marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery.

3. Loitering at the location of a Medical Marijuana Dispensary for an illegal purpose is prohibited by California Penal Code Section 647(h).

4. The Medical Marijuana Dispensary has obtained all applicable permits, is in compliance with Chapter 5.05 of the Vallejo Municipal Code, and demonstrates the ability to maintain accurate records and remit taxes and fees in accordance with all city and state requirements.

H. Each Medical Marijuana Dispensary distributing edible Marijuana or other manufactured infused products for the sole consumption by Qualified Patients of the Medical Marijuana Dispensary shall ensure that the products are manufactured, packaged and labeled in compliance with all applicable state and local laws.

I. No Medical Marijuana Dispensary shall operate for profit. All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented.

J. Prior to distributing any crop, batch or bundle of Marijuana that it cultivates or acquires for distribution or any edible medical marijuana or other manufactured infused products, a Medical Marijuana Dispensary shall submit samples of that crop, batch or bundle to an independent laboratory to be tested using standard analytical methodology for the presence of mold, pesticides, and other additives or adulterants that could be harmful if ingested or applied topically. The Marijuana shall not be distributed or consumed before laboratory results demonstrate that it is safe for consumption. Laboratory results shall be maintained by the Medical Marijuana Dispensary for a period of at least two years, and provided to the City for review upon request.

K. Each employee or Manager must undergo, and pay for, prior to employment or becoming a Manager, and at least once a year, or at the request of the Vallejo Police Department, a summary criminal history check ("LiveScan") conducted at the direction of the Vallejo Police Department demonstrating that there are no pending charges or convictions for crimes of moral turpitude (including, without limitation, theft, fraud, or assault) within the previous 10 years, and that the individual is not currently on parole or probation for the sale or distribution of a controlled substance. This summary criminal history pre-employment check is an on-going requirement for all new employees and Managers.

L. As a condition of the permit, each Medical Marijuana Dispensary shall ensure that none of the activities enumerated on the prohibited activities checklist occur at the site.

7.100.100 Permit Non-Transferable and Revocable.

A. A Medical Marijuana Dispensary permit is revocable for violation of any of the conditions enumerated or for non-payment of taxes or applicable fees.

B. A Medical Marijuana Dispensary permit issued pursuant to this Chapter shall become null and void upon the cessation of the Medical Marijuana Dispensary, the unauthorized relocation of the Medical Marijuana Dispensary to a different property, the revocation of the permit for violating one or more of the requirements set forth in this ordinance, or the repeal of this chapter

C. The following shall be deemed an unauthorized change in location if undertaken without approval of a permit modification in accordance with Section 7.100.110:

1. Any relocation or expansion that includes a separate piece of property or parcel of land from the initially permitted property.

2. Any expansion of the initially permitted property which represents a greater than fifty (50) percent increase in the square footage of occupancy or in the square footage that is open to the public.

D. The activity by a permittee immunized by this chapter shall be limited to those activities expressly indicated on the Medical Marijuana Dispensary permit and in the application materials.
E. The holder of a Medical Marijuana Dispensary permit shall not allow others to use or rent the permitted property.
F. No permit may be sold or transferred.

7.100.105 Revocation Process.

A. This permit may be revoked by the Chief of Police or his or her designee, for non≠compliance of the requirements set forth in this chapter. The City shall send written notice to the permittee of the revocation for failure to adhere to any of the requirements of this chapter, including the requirement to pay the mandatory permit fees. Any appeal of such notice shall be submitted within 15 days of the notice of revocation, and shall be directed to the Chief of Police and heard by a hearing officer appointed by the City Manager and pursuant to the procedures set forth in Section 5.04.235. The appeal shall include a copy of all documents which the appellant will use to present its appeal, as well as a statement of the reasons for the appeal, and be accompanied by the appropriate appeal fee. Incomplete appeal submissions will be returned to the applicant unprocessed. No appeal of the revocation for non-payment of permit fees shall be granted unless and until the appellant remits the full amount of the delinquent permit fees, including any late penalties or interest imposed by ordinance. A hearing on the appeal shall be set by the City within 30 days of the receipt of a complete application for appeal

7.100.110 Modification of permit conditions.

A. A Medical Marijuana Dispensary may request a modification of permit condition(s) by submitting a written request to the Chief of Police stating the condition(s) to be modified and the reason(s) for the request. A request must be accompanied by the permit modification fee as set forth in a City Council resolution. The request should be accompanied by all supporting documents. If the request for modification is to relocate, the request must be accompanied by a request for notice to all neighbors within five hundred (500) feet of the proposed new location. The request for notice shall be forwarded to the Planning Manager, who will process the notice and receive any comments in support or opposition to the relocation by the date set forth in the notice.

B. Upon receipt of a request to modify permit condition(s), any required documents, and payment of the required fee, the Chief of Police, or his or her designee, shall determine whether to grant or deny the request.

C. A decision of Chief of Police, or his or her designee, to grant or deny a permit modification shall be appealable to a hearing officer in accord with the procedures established in Section 5.04.235. A hearing on the appeal shall be set within 30 days of the receipt of a complete application for appeal.

7.100.120 Maintenance of Records.

A. A Medical Marijuana Dispensary shall maintain the following accurate and truthful records on the Property:

1. The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the Property.

2. The full name, address, and telephone number(s) of each Manager and the exact nature of the participation in the management of the Medical Marijuana Dispensary.

3. The full name, address, and telephone number(s) of each Medical Marijuana Dispensary member and Manager who participates in the collective cultivation of Marijuana.

4. The current address of all sites at which Marijuana is cultivated on behalf of the Medical Marijuana Dispensary.

5. The full name, date of birth, residential address, and telephone number(s) of each Medical Marijuana Dispensary member and Manager; the date each joined; the exact nature of each member's and Manager's participation in the Medical Marijuana Dispensary; and the status of each member and Manager as a Qualified Patient or Primary Caregiver.

6. A written accounting of all cash and in-kind contributions, reimbursements, and compensation provided by or to the Managers and members to or from the Medical Marijuana Dispensary, and all expenditures and costs incurred by the Medical Marijuana Dispensary.

7. An inventory record documenting the dates and amounts of Marijuana stored on the property.

8. Proof of a valid Medical Marijuana Dispensary permit issued by the Chief of Police in conformance with this Chapter.

9. Copies of the prohibited activity checklist, available from the Vallejo Police Department, containing a statement dated and signed by each Medical Marijuana Dispensary member and Manager, under penalty of perjury, that he or she has read, understands and shall not engage in the prohibited activity.

10. Evidence of: (a) verification that all edible Marijuana and other manufactured infused products are manufactured, packaged, and labeled in compliance with all applicable state and local laws; and (b) laboratory testing as required by Section 7.100.090K.

B. These records shall be maintained by the Medical Marijuana Dispensary for a period of five (5) years and shall be made available by the collective to the City upon request, subject to the authority set forth in Section 7.100.130.

7.100.130 Inspection Authority.

City representatives may enter and inspect the property of every Medical Marijuana Dispensary between the hours of nine o'clock (9:00) a.m. and seven o'clock (7:00) p.m., or at any reasonable time to ensure compliance and enforcement of the provisions of this chapter. It is unlawful for any Property owner, landlord, lessee, Medical Marijuana Dispensary member or Manager or any other person having any responsibility over the operation of the Medical Marijuana Dispensary to refuse to allow, impede, obstruct or interfere with an inspection.

7.100.140 Existing Medical Marijuana Dispensaries.

Existing Medical Marijuana Dispensaries are prohibited. Any existing Medical Marijuana Dispensary, operator, establishment, or provider operating carrying on any existing Medical Marijuana Dispensary on the date this ordinance is adopted must cease operations immediately, and no later than April 21, 2015, and until such time, if any, when it complies fully with the requirements of this chapter. Any Medical Marijuana Dispensary, operator, establishment or provider that operates without a permit shall be ineligible to apply for a permit, and shall be deemed a public nuisance.

7.100.150 Enforcement.

A. Any person violating any provision of this chapter or misrepresenting any material fact in procuring the permit herein provided for shall be deemed guilty of a misdemeanor punishable by a fine of not more than one thousand ($1,000) dollars or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment.
B. Any person who engages in any Medical Marijuana Dispensary operations without first obtaining a permit, or after a permit has been denied, surrendered, relinquished, declared null and void, or has been revoked, and before a new permit is issued, shall be subject to civil prosecution and fines of up to one thousand ($1,000) per day for each day of unpermitted operation.

C. As a nuisance per se, any violation of this chapter shall be subject to injunctive relief, revocation of the certificate of occupancy for the property, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state law for any violation committed by the Medical Marijuana Dispensary, its Managers, members or any person related or associated with the Medical Marijuana Dispensary.

D. Any violation of the terms and conditions of the Medical Marijuana Dispensary, of this chapter, including failure to remit the quarterly annual permit fee required to maintain the permit and/or failure to remit the quarterly gross receipt taxes, or of applicable local or state laws including regulations shall be grounds for permit revocation.

7.100.160 Limited Severability

If any provision or clause of Section 7.100.030 of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall invalidate every other provision, clause and application of Section

7.100.030 of this Chapter, and to this end the provisions and clauses of Section

7.100.030 of this Chapter are declared to be inseverable.

SECTION 2. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. The City Clerk is directed to publish the title once and post a complete copy thereof on the City Council Chamber bulletin board for five
(5) days prior to adoption.


City Attorney's Office 555 Santa Clara Street Vallejo CA 94590 707.648.4545
March11, 2015
FIRST CLASS MAIL
MMD Name c/o [name #1], Manager address Vallejo, CA 94591
Property Owner Name [name #2] Address Vallejo, CA 94591
RE: Request for Medical Marijuana Dispensary to Cease and Desist Operations

Dear Address:

The City of Vallejo has become aware that there is a Medical Marijuana Dispensary operating at [address].
The operation of a Medical Marijuana Dispensary is prohibited as an unlawful land use within the City of Vallejo. Consistent with Corona v. Naulls, 166 Cal. App. 4th 418, 431≠433 (2008), Medical Marijuana Dispensaries are not permitted in Vallejo. Therefore, the operation of a Medical Marijuana Dispensary is a per se nuisance which the City has the authority to abate. (See Vallejo Municipal Code ß 1.12.020(A)).

While the City has, in recent months, refrained from enforcing this prohibition against existing Medical Marijuana Dispensaries, the Cityís policy direction has changed and enforcement is now imminent. Please be aware that neither the payment of local taxes pursuant to Vallejo Municipal Code ß 5.05 nor the issuance of building permits authorize you to conduct an illegal business. This fact is reiterated in every tax certificate issued and on every business license application.

The City demands that you cease and desist the medical marijuana operation at the above address. The City will hold all responsible parties, including the operator, the owner and the managers liable for conducting and allowing the existence of this nuisance. If legal action is initiated due to your disregard of this request, the City will petition the court for an award of the City's attorneys' fees and police investigation costs. (See Vallejo Municipal Code ß 1.12.020(B)-(G)).

Please acknowledge receipt of this letter and compliance with the cease and desist demand in a writing signed by you which reflects that operations will immediately cease. The writing should be received at the City Attorneyís Office no later than March 31, 2015. If the Cityís subsequent investigation reveals that, in fact, operations have ceased by that date, the City will take no further action against you. If you fail to cease immediate operation of the medical marijuana operations, however, the City will initiate legal action to enjoin the nuisance, in accordance with the law.

I look forward to your letter indicating compliance with this request.
Sincerely,
Claudia Quintana City Attorney

-----------------

See also:

As crime explodes, Vallejo cops shut pot clubs
http://sfbay.ca/2012/03/11/as-crime-explodes-vallejo-cops-shut-pot-clubs/

Judge tosses two Vallejo marijuana dispensary raid cases
http://www.timesheraldonline.com/general-news/20121220/judge-tosses-two-vallejo-marijuana-dispensary-raid-cases

Charges dismissed against Vallejo pot dispensary operator, star of 'Weed Country'
http://www.timesheraldonline.com/general-news/20130321/charges-dismissed-against-vallejo-pot-dispensary-operator-star-of-weed-country/1

Police Forced To Return Over 60 Pounds Of Marijuana To California Dispensaries
http://www.theweedblog.com/police-forced-to-return-over-60-pounds-of-marijuana-to-california-dispensaries/

Vallejo Mayor Sets Sights On Closing Marijuana Dispensaries
http://video.sfexaminer.com/Vallejo-Mayor-Sets-Sights-On-Closing-Marijuana-Dispensaries-28361714

Vallejo's medical marijuana dispensaries turned away from paying Measure C taxes
http://www.insidebayarea.com/bay-area-news/ci_27563418/vallejos-medical-marijuana-dispensaries-turned-away-from-paying
------------

http://www.timesheraldonline.com/government-and-politics/20150314/proposed-medical-marijuana-dispensary-ordinance-released-on-vallejos-open-city-hall-forum

by repost
Sunday Mar 15th, 2015 12:02 PM
According to city staff, a deputy city attorney and legal secretary are required to carry out enforcement of shutting down all MMDs inside city limits.

The budget impact for the 2014-2015 fiscal year would be around $66,00, if a hire date of April 1 is approved. According to the same staff report, $30,000 would be given to the police department for enforcement activity between approval by the council and June 30.

The city’s fiscal year begins July 1 and ends the following June 30.

City staff estimates that the enforcement project will be in place for two years, with the deputy city attorney position costing the city more than $150,000 each year, while the legal secretary position will require $110,000 per year.

“These two additional positions are required in order to begin the City Attorney Office’s enforcement project to shut down illegal MMDs operating in Vallejo,” according to the same staff report.

The proposed change to the city budget to hire the two positions and the first reading of the ordinance will be on the city council agenda for March 24.
by repost
Tuesday Mar 17th, 2015 4:48 PM
However, terrorism is being executed against the perceived enemies of a political cult in Vallejo whose goal is to remake Vallejo into a "City of God" under control by a minority of churches and businessmen. [northbayuprising.blogspot.com/2012/01/northbay-fascism-dominionism.html].

Their works include:

* Privatization of social services.
* Reliance on liquor stores for taxable revenue.
* Harassment and illegal street executions of lower-class folk by militarized Vallejo Police.
* Cashing in on "insider knowledge" exchanges with "Christian" and immoral real-estate holders.
* Destruction of medicinal cannabis as a choice for the People, their reason being that medicinal cannabis is somehow immoral, as opposed to alcohol use.

Here are some of the members and friends of the political cult:
(1) Vallejo Faith Organization "leader", whose love of wealth and property is shared by His Mayor and flock.
(2) Intintoli, a former Mayor of Vallejo and plutocrat who continues to bleed Vallejo of money for his family and associates.
(3) Dan Keen, Vallejo City Manager, whose corruption is a belief that the wealthy have greater needs than the regular people.
(4) Vallejo Mayor Osby Davis, the man who snickers at tales of abuse against the elderly (as seen 2012-06-26 Vallejo City Council meeting)

This dangerous political cult have taken control of Vallejo's police by successfully and illegally placing Osby Davis into the position of Mayor during 2007, despite the election irregularities and outright fraud over missing ballots that prevented his rival, Vallejo City Council member Cloutier (an open homosexual), from becoming Mayor [http://www.ethicalego.com/vallejos_ballot_recount.htm].

Vallejo Mayor Osby Davis is a recovering cocaine addict (and former cocaine trafficking enabler, and lawyer with a specialty in anti-tenant legal arguments) whose policies as Mayor are benefiting the types of street-dealers he used to deal with before he became a "Christian". Most street dealers (and pimps) who sell cocaine get more profit from selling marijuana, an herb which was monopolized by them until the expansion of legal Medicinal Cannabis dispensaries. Many of the cocaine dealers whose livelihoods are at stake are receiving the benefit of having "one of their own" in office as Mayor of Vallejo, and will profit from the removal of legal medicinal cannabis from Vallejo! Osby Davis has gone "clean", but his works still primarily benefit the same kind of people he formerly conducted Cocaine business with.

He has invited the renegade Federal DEA, and a California state tax agency to enforce illegal unilateral policies... and worse, Mayor Osby Davis has ordered the militarized Vallejo Police to come forward as the executors of directives from a renegade bourgeoisie in downtown Vallejo and their church allies who want to "spruce up the downtown" and get rid of anything that contradicts their culture, to be prepared to actually kill anybody (including Christians like himself) who resists his agenda. There are proper titles used by the Vallejo PD instead of "kill", but they are sanctioned nonetheless to use all force necessary against anybody suspected of anything found at the medicinal cannabis dispensaries.
Paul Armentano: Proposed MMD ordinance fails to provide clarity to Vallejo patients, providers
Posted: 03/17/15, 11:55 AM PDT |

In January, the majority of the Vallejo City Council voted to impose regulations on a limited number of city-governed medical marijuana operations. The hope was that this decision would provide safe access to patients while simultaneously providing rational oversight to activity that for far too long has operated in a grey, largely uncontrolled marketplace.

Unfortunately, the proposed ordinance, as presently written, fails to provide necessary and needed clarity to Vallejo’s medical marijuana community.

Perhaps most problematic is that the pending MMD ordinance fails to provide a mechanism for medical marijuana operators to engage in legal activity under municipal law. In fact, it does just the opposite. It affirms that dispensing of medicinal cannabis to qualified patients “is not and shall not become a permitted use in the city” and only promises that “limited immunity” may be available to licensed proprietors. The failure of the ordinance to acknowledge whether or not operators, including those who abide by the city’s rules, are engaging in legally protected activity under municipal law only sustains the confusion that presently exists among patients, the public, and members of law enforcement.

Separate provisions in the ordinance restrict the ability of MMDs to purchase cannabis from commercial cultivators or other dispensaries for the purpose of redistribution. The language also restricts operators from growing any cannabis for its members on the premises. It also stipulates that MMDs may not provide space for their members to grow cannabis — either for themselves or for others in the collective. Then where is the medical marijuana provided by Vallejo MMDs going to come from?

In theory, all of the marijuana available at Vallejo’s future MMDs must be cultivated by the manager or by the group’s members off site. But in practice this scenario is unrealistic. After all, if the majority of the dispensaries’ members already possess the space and expertise to grow medical cannabis at home, then how likely is it that they will feel the need to become a member of a local dispensary?

The provision stating, “No medical marijuana dispensary shall operate for profit” is equally unreasonable. No other entrepreneurial endeavor, and certainly not the sale of conventional medicines, faces such restrictions. Further, why would aspiring MMD owners spend the significant up front costs need to comply with the city’s property requirements (e.g., the property must be monitored at all times by closed-circuit television for security purposes) application fees and licensing fees if they are forbidden from achieving any future return on their investment?

The Vallejo City Council has had numerous opportunities to effectively get “in front” of the MMD issue but has failed to do so. This failure has cost Vallejo taxpayers in the past and will continue to do so in the future. According to the Times-Herald, the act of enforcing the closure of existing, unregulated MMDs will cost citizens an estimated $600,000 in additional law enforcement resources and staff over the next two years. These costs are on top of the tens of thousands of dollars in lost revenue resulting from the city’s recent decision to suspend collecting Measure C taxes — taxes that were approved by some three-quarter of Vallejo voters. These totals also fail to account for costs the city is likely to face in future litigation or those associated with providing for a special election this November (assuming proponents succeed in bring this issue to public vote).

The council must not let this chance to craft clear, sensible, and fair regulations be another missed opportunity. Many Bay Area cities — like Berkeley, San Jose, and Santa Rosa — regulate MMDs without any adverse effect to tourism, local commerce, or citywide image. In nearby Sebastopol, the proprietor of the city’s most prominent MMD was recently elected city Mayor. Self-evidently, MMDs can be managed by municipal governments in a manner that provides safe access and sensible oversight, generates local revenue, and does not tarnish their reputation. Let’s encourage Vallejo to do likewise.

Paul Armentano/Vallejo
by repost
Tuesday Mar 17th, 2015 5:00 PM
Jeff Carlson on Open City Hall:

"Outrageous, undemocratic, irresponsible, shortsighted; - a host of adjectives spring to mind with regard to the actions of our city council in response to Measure C. Every taxpayer and resident of Vallejo should be incensed by the multi-million dollar price tag we've been handed for a futile moralistic crusade. Our council appears to be operating in some alternate legal universe in which it is the business of city councils everywhere to enforce federal law when the Feds are unwilling to do so themselves. In the breakaway State of Vallejo, local government officials can apparently disregard and ultimately overrule a vote of the people when they personally disagree with the outcome, even when the vote is as lopsided as the margin on Measure C.

The California Government Code states explicitly: “The people of this State do not yield their sovereignty to the agencies which serve them.” It’s one thing as an elected official to claim majority opinion support in the absence of a vote or reliable poll and act on that belief. It’s quite another matter altogether to disregard and actively undermine the results of an initiative approved by the people in an open election. Once voters have their say, mayors and city council members do not hold veto power. The next phase is implementation, and whether the elected officials personally agree with the outcome makes no difference, they have a duty to perform. The city attorney owes the voters an explication of the case law where she finds authority for local government to neglect and ultimately override a vote of the people.

The Code ((953087.6(f)(2)) also provides the definition for waste, fraud, and abuse by elected officials and includes actions related to misuse of government property, willful omission to perform duty, and actions that are economically wasteful or involve gross misconduct. It’s clear from public statements that the mayor and some on the council opposed Measure C, and never really accepted the results as legitimate. Their refusal to undertake in a timely manner any coherent effort to develop a rational regulatory system to implement the voter’s mandate, or to immediately declare a ban on dispensaries to avoid uncontrolled proliferation, could certainly be interpreted as a willful omission to perform duty.

The uncontrolled spread of dispensaries and the resulting predictable friction within the community is entirely a mess of the council’s own making. They failed to act in good faith in a timely manner to implement the expressed will of the voters and the result is widespread dissatisfaction. I am left to wonder if this was a calculated strategy on the part of a minority faction determined to thwart the will of the eighty percent of voters who approved Measure C.

The city's illegal raids of dispensaries and resources dedicated to subsequently getting thrown out of court involved the misuse of government property in direct opposition to the actions mandated by voters, and could easily be construed as gross misconduct. Economically wasteful would seem an understatement for the actions the council has taken since the passage of Measure C. It’s difficult to imagine anything more economically wasteful than refusing to accept tax money mandated by voters and presented to the city by compliant and responsible business owners.

We’ve learned that the city was receiving 750,000 dollars per year in Measure C taxes until they recently started refusing to accept it. Not only have they stopped accepting the money, they now propose to spend hundreds of thousands more to severely cripple the ability of these businesses to help our bottom line in the future.

The full price tag for this folly will never be known. It’s impossible to calculate the opportunity cost we paid and continue to pay for the failure of the council to work with these businesses in order to realize their full potential to impact the city’s bottom line. We haven’t settled the last round of lawsuits, and now we’re gearing up to incur more liability while simultaneously shooting ourselves in the foot by stifling revenue and paying for the privilege to do it. A neat trifecta that perfectly encapsulates the quality of our leadership on this issue. Since the council failed to do its job to develop a regulatory system, we don’t know what fraction of the actual taxes owed that the 750,000 dollars per year represented. Worst of all, throttling a nascent industry with explosive growth potential like no other, when our financial need is so great and we already have a leg up, just defies all logic.

The council seems to agree that California will likely legalize all uses of marijuana within the next couple years. A bipartisan bill is currently being introduced in the U.S. Senate to reclassify marijuana, which will remove the council’s irrelevant talking point that these businesses are “illegal” even though we’ve already been informed by the court that they are legal in California. Anyone who has been paying attention knows that the flood of tax revenue in states where legalization has already occurred has been unprecedented. In light of what we all agree is inevitable, why in the world would we intentionally and arbitrarily limit the potential benefits to a community with such pressing needs?

Curiously, the council seems to believe that because Measure C was a “tax measure” that did not engage in the questionable practice of ballot box zoning, it somehow lets them off the hook when it comes to implementing the decree of the voters. Far from it. It was their job to integrate these businesses into the community and set up a regulatory system using a rational deliberative process with public input, and they simply failed to perform their duty.

How many medical marijuana patients live in Vallejo? How many live within driving distance that potentially might shop in Vallejo and leave us their tax money? What is the market potential when marijuana is legalized as everyone expects it will be? How can you make any kind of rational decision regarding numbers and location if you haven’t even asked the most basic questions? The current proposal is arbitrary and capricious and reflects the congenital inability of this council to think clearly and logically about this issue.

If the council continues its refusal to engage in the kind of coherent deliberative process to develop sensible regulations that our city deserves, taxpaying voters have a number of options available. Since they don’t seem to respect the initiative process, perhaps another tool of direct democracy will get the attention of the council. If the council refuses to change course I would urge all medical marijuana patients, their friends and family, and concerned taxpayers to organize a recall effort. It will only take around 8,000 signatures on a petition for each council member we target to get a vote. The cost of the election would be peanuts compared to what the status quo at city hall is costing us. Vallejo needs leadership that will embrace future opportunity instead of clinging stubbornly to a rapidly disappearing past."
by Patient
Tuesday Mar 17th, 2015 6:50 PM
In response to:

Paul Armentano: Proposed MMD ordinance fails to provide clarity to Vallejo patients, providers

"These costs are on top of the tens of thousands of dollars in lost revenue resulting from the city’s recent decision to suspend collecting Measure C taxes — taxes that were approved by some three-quarter of Vallejo voters."

There shouldn't be tax on medicine. It sucks that taxes on patients are encouraged as a way to legitimize medical cannabis. There are no taxes on prescription medications. Considering that cannabis is used to treat extremely serious medical conditions, it's not right to place taxes on peoples' medicine.
by Smarter than city officials
Wednesday Mar 25th, 2015 2:49 PM
The city council members who planned measure c taxes are to be blamed for the financial burden that has come from this circus of kangaroo politics surrounding this issue.
They tried to implement a tax on a product that they offered no protection for. If you remember all the police raids that occurred a few years back, when police were ordered by a court of law to return MMJ to the rightful dispensaries... It's no wonder some owners refused to pay the tax, it's a joke. To prove my case even further, the city council has now decided that all the compliant stores should be punished too??? And no tax money will be received or business licenses issued. So shut down compliant stores for what non-compliant stores have done. Brilliant!! As you can see, these city council members are not very smart. They won't punish any other local business who's competition is caught with holding tax money. The city council is greedy and wants to take the MMJ tax money, but does not want to share the responsibility of collecting revenue from MMJ. Doesn't work that way... As you can see now. Offer proper protection for store owners and you will see more compliance to your tax laws. I for one will not be fooled by the fools. Especially ones like these.