§ 5.148.130. General operational requirements.

(a)

Material alterations to Premises. A Licensee shall not make a physical change, alteration, or modification of the Premises without the prior written approval of the Department. If a Premises is to be changed, modified, or altered, the Licensee is responsible for filing a request for Premises modification with the Department and securing all necessary permits. Alterations or modifications requiring approval include, without limitation: (i) the removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway, or passage alters or changes limited-access areas within the Premises; (ii) the removal, creation, addition, or relocation of the Cultivation Site or cultivation area; and/or (iii) the addition or alteration of a water supply. The requirement of this section is in addition to compliance with any other applicable State or local rule, law, or regulation pertaining to approval of building modifications, zoning, and land use requirements. In the event that the proposed Cultivation Site requires one (1) or more discretionary land use permits (e.g., coastal development permit for construction of a greenhouse in the coastal zone), said permits must be secured prior to the issuance of the License.

(b)

Compliance with law. A Licensee, its employees, agents, and officers must obey all applicable County and State rules, laws, and regulations.

(c)

Weights and measures. All scales used for commercial Cannabis Activities shall be the type evaluated and approved by the State Department of Food and Agriculture and sealed by the County Department of Agriculture/Weights and Measures. All sealed packages shall conform to State labeling laws.

(d)

Surveillance.

(1)

At a minimum, the Premises shall have a complete digital video surveillance system in accordance with the approved security plan with a minimum camera resolution of 1280 × 1024 pixels. The surveillance-system storage device or the cameras shall be transmission control protocol (TCP)/capable of being accessed through the internet. The video surveillance system shall be capable, at all times and in all lighting conditions, of effectively recording images. The video surveillance system must have the capabilities to produce a color still photograph from any camera image, live or recorded, of the Premises. Cameras must be immobile and in a permanent location.

(2)

Cameras shall be placed in a location that allows the camera to clearly record activity occurring within twenty (20) feet of all points of entry and exit on the Premises, and allows for the clear and certain identification of any Person and activities in all areas required to be filmed. Areas that shall be recorded on the video surveillance system include, without limitation, the following: limited access areas; areas where Cannabis or Cannabis Products are weighed, packed, stored, quarantined, loaded and unloaded for transportation, prepared, or moved within the Premises; areas where Cannabis is destroyed; security rooms; areas storing a surveillance-system storage device with at least one (1) camera recording the access points to the secured surveillance recording area; and entrances and exits to the Premises, which shall be recorded from both indoor and outdoor vantage points.

(3)

Cameras shall record continuously twenty-four (24) hours per day and at a minimum of twenty (20) frames per second. The physical media or storage device on which surveillance recordings are stored must be secured in a manner to protect the recording from tampering or theft. All video surveillance equipment shall have sufficient battery backup to support a minimum of four (4) hours of recording in the event of a power outage. Licensee must notify the Department of any loss of video surveillance capabilities that extend beyond four (4) hours. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Licensee of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

(4)

Surveillance recordings shall be kept for a minimum of ninety (90) days. Recordings are subject to inspection by and copies of recordings shall be provided, upon request, to employees or agents of the following: the Department; County Code Compliance; County Division of Environmental Health; the applicable Fire Protection Agency; the County Sheriff's Office; the County Department of Agriculture/Weights and Measures; and the County Health System. All records applicable to the surveillance system shall be maintained on the Premises. At a minimum, Licensees shall maintain a map of the camera locations, direction of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list, and operating instructions for the surveillance equipment.

(5)

Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory (PDT/PST Time zone).

(6)

The Community Development Director may waive or modify the requirements of this Section if an Applicant proposes an alternative that is generally accepted in the industry and achieves the objective of providing adequate security at the Premises.

(e)

Alarm System. A Licensee shall maintain an alarm system in accordance with the approved security plan as required by the Department and the State. A Licensee shall also ensure a Licensed alarm company operator or one (1) or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system. All information related to the alarm system, monitoring, and alarm activity shall be made available upon request to employees or agents of the following: the Department; County Code Compliance; County Environmental Health Services; the applicable Fire Protection Agency; the County Sheriff's Office; the County Department of Agriculture/Weights and Measures; and the County Health System.

The Community Development Director may waive or modify the requirements of this section if an Applicant proposes an alternative that is generally accepted in the industry and achieves the objective of providing adequate security at the Premises.

(f)

Odor control and ventilation. All Premises shall be equipped with odor control filtration and ventilation system(s) based on current industry-specific best control technologies and best management practices. No operable windows or exhaust vents shall be located on any building façade that abuts a residential use or zone. Exhaust vents on rooftops shall direct exhaust away from residential uses or zones. This section shall not apply to operation of exclusively Type 4 - Nursery Licenses.

(g)

No public view. A Licensee shall ensure that no Cannabis or Cannabis products can be seen by persons on adjacent properties or from the public right-of-way.

(h)

Signage. A Licensee is required to meet all on-site and off-site sign requirements and advertising requirements of the State and the County. Signs shall be limited to on-site wall and projecting signs. No monument, illuminated, architectural canopy, pole, marquee, roof, temporary, digital, window, or off-site signs are permitted.

(i)

Inspections. Premises shall be subject to inspections by County and State agencies, including, without limitation, the Department, County Code Compliance, County Division of Environmental Health, the applicable Fire Protection Agency, the County Sheriff's Office, the County Department of Agriculture/Weights and Measures, and the County Health System. Agents or employees of such agencies shall have unrestricted access to the Premises, including, without limitation, all rooms, buildings, structures, facilities, and limited access areas, for the purpose of conducting inspections during regular business hours. If a Licensee refuses an inspection or interferes with an authorized County department conducting an inspection, the Department may temporarily suspend the Licensee's License and order the immediate cessation of all commercial Cannabis Activities on the Premises. For purposes of appeal, a suspension will be treated as a revocation and shall be governed by Section 5.148.170(b).

(j)

Display of License. The current License, State License, and an emergency contact phone number shall be prominently displayed on the Premises where it can be viewed by State agencies, County departments, or other local agencies.

(k)

No consumption on Premises. No use or consumption of Cannabis, except for use or consumption for medicinal purposes as authorized by law, or the sale or consumption of alcohol shall be allowed on the Premises. No employee or agent of the Licensee shall solicit or accept any Cannabis or alcohol products from any customer or vendor while on the Premises.

(l)

Limited-access areas. Limited-access areas include, without limitation, the following: storage area(s) for Cannabis and Cannabis products; storage area(s) for pesticides and other agricultural chemicals; holding area(s) for Cannabis scheduled for destruction; Cannabis packaging area(s); Cannabis composting and refuse area(s); and security room(s) and area(s) where surveillance-system storage devices are located. A Licensee shall only permit authorized individuals to enter limited-access areas. Authorized individuals include individuals employed by the Licensee, as well as any outside vendors, contractors, or other individuals who have a bona fide business reason for entering the limited-access area. An individual who is not an authorized individual for purposes of entering limited-access areas shall not enter limited-access areas at any time for any reason. An individual in limited-access areas who is not employed by the Licensee shall be escorted by individuals employed by the Licensee at all times within limited-access areas. An individual who enters limited-access areas shall be at least twenty-one (21) years of age. The Licensee shall maintain a log of all authorized individuals who are not employees that enter limited-access areas. These logs shall be made available to the Department upon request.

(m)

Monitoring Premises. The Licensee shall be responsible for monitoring conduct on the Premises and within the parking areas under Licensee's control to assure behavior does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. The Licensee shall properly manage the Premises to discourage illegal, criminal, or nuisance activity on the Premises and any parking areas. Loitering is prohibited on or around the Premises or the area under control of the Licensee. The Premises and all associated parking, including the adjacent area under the control of the Licensee and any sidewalk or alley, shall be maintained in an attractive condition and shall be kept free of obstruction, trash, litter, and debris at all times.

(n)

Parking requirements. Adequate on-site parking and delivery drop off and pick up zones shall be provided. The number of parking spaces shall be equal or greater to the maximum number of employees that will be on the Premises at any one time. Alternatively, the Applicant/Licensee can provide a plan for transporting employees to and from the site. The location of all parking areas and delivery drop off and pick up zones shall be within existing areas of the site that have been used for these or other similar purposes, unless all necessary permits required to establish new parking areas and/or delivery drop off and pick up locations have been secured.

(o)

Packaging and labeling. Prior to sale or delivery, all Cannabis or Cannabis products shall be packaged and labeled in a manner consistent with all State requirements.

(p)

Notification to Department. A Licensee shall provide the Department with notice in writing, either by mail (to 455 County Center, 2nd Floor, Redwood City, CA 94063) or electronic mail (to [e-mail]) to the attention of the Community Development Director, within twenty-four (24) hours of the following:

(1)

A criminal conviction rendered against the Licensee;

(2)

A civil penalty or judgment rendered against the Licensee;

(3)

Notice of revocation of a State License or other local authorization to conduct commercial Cannabis Activities;

(4)

The Licensee becomes aware of, or has reason to suspect, a diversion, theft, loss, or any other criminal activity involving its commercial Cannabis Activities.

(q)

Notice to Employees. A Licensee shall provide written notice, in a form approved by the Director, to its existing employees and any new employee prior to that employee beginning Cannabis-related work, informing them that (1) Cannabis is classified as a Schedule I Drug under the Federal Controlled Substances Act, (2) it is unlawful, under federal law, for any person to cultivate, manufacture, distribute, or dispense Cannabis, or to possess with the intent to manufacture, distribute, or dispense Cannabis, and (3) it is possible that working in the Cannabis industry could pose immigration or other legal risks and that employees should consider seeking legal advice. The Licensee shall attest to completion of this notice requirement prior to initially engaging in Commercial Cannabis Activity, and annually as part of the renewal process thereafter. Such attestation shall be in writing, in a form acceptable to the Director, and submitted to the Department prior to engaging in Commercial Cannabis Activity. The requirements of this provision will cease in the event that federal law is amended in a manner that cultivation and possession of Cannabis are no longer unlawful.

(Ord. No. 04797, § 2, 3-13-2018; Ord. No. 04807, §§ 5—7, 11-13-2018)