HomeMy WebLinkAboutRES NO 182-16RESOLUTION NO. 182- 16 X -Ret. Res. %6k -IV
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SUBMITTING THE ORDINANCE, WITHOUT
ALTERATION, TO THE VOTERS PURSUANT TO SUBDIVISION
(b) OF SECTION 1405 OF THE CALIFORNIA ELECTIONS
CODE.
WHEREAS, the City Council of the City of Bakersfield, California desires to
submit to the voters at the next regular Municipal Election a proposed
ordinance relating to medical cannabis; and
WHEREAS, the City Council is authorized and directed by statute to submit
the proposed ordinance to the voters.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. That pursuant to the requirements of the laws of the State of
California relating to charter cities, there will be a regular municipal election that
shall be held in the City of Bakersfield on the first Tuesday after the first Monday
in November of each even - numbered year.
2. That the text of the ordinance that will be submitted to the voters is
attached as Exhibit "A."
3. That the vote requirement for the measure to pass is a simple
majority of the votes cast.
4. That the ballots to be used at the election shall be in form and
content as required by law.
5. That the election shall be held and conducted as provided by law
for holding municipal elections.
6. That notice of the time and place of holding the election will be
given and the City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner as required by law.
7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the ?f6 B ersfield at a regular meeting thereof held on
WR [ , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
VE COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, EARLIER
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER N
ABSEN : COUNCIL MEMBER C 01110,`
ROBERTR
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED NOV 16 2016
By
ARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By v
RICHARD IGER
Deputy City Attorney
RI:lsc
Attachment: Exhibit "A" - Text of Proposed Ordinance
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. 6 APR 18 PN 4: 13
NOTICE OF INTENTION TO CIRCULATE AN INITIATIVE PETITION... G I y Lt. E.-.:,
"Notice" is hereby given by the persons whose names appear hereon of their
intention to circulate the petition within the City of Bakersfield for the purpose of
amending the City Code and Zoning Ordinances, permitting within the City of
Bakersfield, all commercial activities identified by California Business and Professions
Code § 19300.5 or any other state law allowed by the State of California.
I Jeff Jarvis who resides at 6815 Savanna Falls Drive, Bakersfield, Ca. 93312. Request
that a ballot title and summary be prepared by the Bakersfield City Attorney.
A statement of the reasons of the proposed action as contemplated in the petition
is as follows:
This petition puts into effect state laws regulating all medical marijuana activities
allowed by these new laws and punishing illegal activity. The petition will reduce
Illegal and unregulated cannabis activities in the City. It will directly tax state
regulated medical cannabis activity within the City. This tax offsets any expense to
the City and may be used to fund law enforcement. The Legislature of the State of
California, by bipartisan support, passed Assembly Bill 266, the Medical Marijuana
Regulation and Safety Act. This bill regulates how medicinal cannabis Is made
available to all California residents who are qualified medical patients under the
California Health and Safety Code. The petition insures that all of the benefits and
public safety aspects of this bipartisan bill are available to the residents of the City
of Bakersfield. The petition will insure the City of Bakersfield will permit, license and
zone for the commercial activities identified In the bill or any other law allowed by
the State of California.
WHEREAS, congress has defunded the Department of Justice and the DEA from
prosecuting state compliant medical cannabis activities.
WHEREAS, the State of California enacted a statewide act regulating medicinal
cannabis known as the Medical Marijuana Regulation and Safety Act with
bipartisan support in October of 2015.
WHEREAS, the number of illegal cannabis dispensaries has grown due to the lack of
regulation and zoning within the City of Bakersfield.
WHEREAS, the City of Bakersfield intends to regulate medical cannabis activities in a
manner that is consistent with State Law, promoting the health, welfare and safety
of the citizens of the City of Bakersfield, including those who have a medical
recommendation and legal right to safe and affordable access to medicinal
cannabis while reducing illegal activity and creating adequate revenue from these
activities to assist in funding low enforcement and the general fund to prohibit
illegal activities.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.63 is hereby added to the Bakersfield Municipal Code to read as follows:
Chapter 5.63 MEDICINAL CANNABIS
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Each portion and provision of the Business and Professions Code, (hereinafter the
"B &P" code) Division 8, Chapter 3.5, known as the Medical Marijuana Regulation
and Safety Act, commencing with Article 1 through Article 15, and any law
consistent therewith, (hereinafter collectively referred to as "B &P code § 19300 et.
sec ") and as may be amended from time to time, and every regulation
promulgated thereunder is adopted by reference and incorporated into this
Chapter by reference.
5.63.010 Registration of Commercial Activities.
5.63.020 Permits required. No person shall engage in state permitted commercial
cannabis activities described in B &P code § 19300 et. seq. within the City of
Bakersfield, (hereinafter "City "), without having first procured and maintained a
valid business permit or license or authority, (hereinafter collectively referred to as a
"permit ") from the City through the city manager or designee.
5.63.030 Business permit application - Issuance - Pee
Applications for business permits under this section shall be made on forms to be
furnished by the city manager or designee, shall be signed under penalty of perjury
by the applicant and shall require the following information.
1. The full true name, current mailing address, title, current telephone number,
date of birth, sex, driver's license number, and social security number of the
applicant and of all persons who will manage the business and all persons having a
financial Interest in the business, (except shareholders of a corporation);
2. The name, mailing address and location of the business;
3. The business tax certificate number of the business; and
4. Prior permits held, the dates held, whether such permits were ever revoked
or suspended and the reasons therefor.
B. The city manager or designee shall issue a permit within fifteen days of
receipt of the application if he finds:
1. That the application is complete and truthful;
2. The business for which the application is made, and the building in which
such business is to be conducted, conform to all, state and local laws, including,
but not limited to building codes and zoning ordinances, and be accessible for
Inspection by city fire, police and building officials;
3. That a valid business tax certificate has been issued for this business;
4. That the applicant is eighteen years of age or older;
5. That the applicant meets all the criteria required by state low for the activity
sought to be permitted; and
6. That the applicant has not had a permit, issued under this section, revoked
in the past three years, unless the city manager finds that the reasons for such
revocation are unrelated to this application. For the purposes of this subsection,
"applicant" includes all persons designated in subsection A., 1. of this section.
C. If the city manager or designee determines that the applicant has failed to
meet any of the criteria of subsection B., above, he shall notify the applicant of the
decision to deny the permit. Notice of such decision shall be sent in writing to the
applicant at the mailing address set forth in the application, within fifteen days of
submittal of the application. Failure to so notify the applicant within the allotted
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time or failure to make the findings set forth in subsection B. above within the
allotted time shall be deemed a grant of the permit.
D. The applicant shall pay a nonrefundable fee not to exceed the cost of
processing any such application and inspecting the business as set forth in Section
3.70.040. )Ord. 3529 § 1, 1993; Ord. 3424 § 1, 1991)The City shall issue a permit as a
condition precedent to a state license or permit pursuant to B &P code § 19300 et.
seq. to any applicant eligible for such permit or license under criteria) set out In B &P
code § 19300 et. seq. Unless the application for a permit is denied, as set out in
paragraph C. above, the city manager or designee will issue the permit.
5.63,020 Physical Location and Operation.
B &P Code § 19300 et. seq. including but not limited to § 19316(a) are limited by the
following: The spacing between Type 10 and Type10A commercial cannabis
activities and schools shall be maintained at 1000 feet, measured by a straight line,
unless there is a roadway barrier such as a freeway, where it shall be measured by
the nearest road access route. To prevent density concentration impacts in any
zoning location, a distance limit shall be maintained at 1,000 feet between more
than one Type 10 or more than one Type l0A or any combination thereof
commercial cannabis activities. Permits or licenses subject to a distance limitation
are issued in the order those applicants established an earlier initial operating date.
Operations before the effective date of this ordinance shall be considered. No
commercial cannabis activity shall be permitted between the hours of 10:00 p.m.
and 8:00 a.m.. Otherwise all restrictions on land use set out in B &P code § 19300 et.
seq. are applicable consistent with Title 17 of this Code, except to deny any
applicant a permit or license to engage in commercial activities if they are
otherwise qualified to engage in those activities by state law, this code or any
amendment therelo.
The Bakersfield Municipal Zoning Code Title 17 Zoning Is Amended to Permit
Commercial Cannabis Activities as defined under Business and Professions code
Division 8, Chapter 3.5, commencing at § 19300 et. seq. including but not limited to
those speci0cally permitted and listed under Business and Professions code §
19300.7 as Follows:
17.08.050 is amended to delete 17.08.050 A.
Those activities, including but not limited to, activities listed under B &P code
§ 19300.7 are permitted in the following zones:
17.32.020 is amended to add, Type 1, 1 B, 2, 2B, 3, 3B and 4 commercial cannabis
activities if permitted as defined under Business and Professions code Division 8,
Chapter 3.5, commencing at § 19300 et. seq.
17.20.020 Professional and Administrative Zone, 17.24.020 Regional Commercial
Zone, 17.25.020 Central Business Zone are amended to add, Type 8, Type 10 and
l0A commercial cannabis activities if permitted as defined under Business and
Professions code Division 8, Chapter 3.5, commencing of § 19300 et. seq.
17.28.020 and 17.30.020 Manufacturing Zones, are amended to add Type 1 A, 1 B,
2A, 2B, 3A. 3B, 4, 6, 7, 10, 10A, 11 and 12 commercial cannabis activities if permitted
as defined under Business and Professions code Division 8, Chapter 3.5,
commencing at § 19300 et. seq.
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17.24.020 is amended to add Type 4, 11 and 12 commercial cannabis activities if
permitted as defined under Business and Professions code Division 8 Chapter 3.5,
commencing at § 19300 et. seq.
17.25.020 is amended to add Typel 1 and 12 commercial cannabis activities if
permitted as defined under Business and Professions code Division 8 Chapter 3.5,
commencing at § 19300 et. seq.
Tax
There shall be a tax of 7.5% on the gross income of any commercial cannabis
activity permitted under Business and Professions code Division 8, Chapter 3.5,
commencing at § 19300 et. seq.
Immediate Vote
Pursuant to Elections Code § §9214, and 1405 (b) this ordinance will be submitted to
a statewide general election.
Savings Clause
If any portion of this initiative is found to be unenforceable then the balance of the
initiative will be given such interpretation, force and effect as to accomplish and
carry out the intention of this initiative.
Dated: 04- / 3- 2,016 C
Heather Epp
V /I�
Jeff Jarvis
I, Jeff Jarvis, acknowledge that it is a misdemeanor under state law (Section 18650
of the Elections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose other than qualification of the proposed
measure for the ballot. I certified that I will not knowingly or willfully, allow the
signatures for this initiative to be used for any purpose other than qualification of the
measure for the ballot.
Dated this 180 day of April 2016.
Jeff Jarvis, Pf o onent
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