20.80.763

The location and operation of, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be subject to and shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on said business or location under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control: A. No person, or Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business, shall receive a Zoning Code Verification Certificate if another such Certificate exists within the distances established in Table 20-165 from another Medical Cannabis Dispensary or Cannabis Retail Storefront. B. No Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be located or shall operate on any floor of a retail commercial shopping center located on a Parcel or Parcels totaling over forty (40) acres in size. C. All activities conducted at a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, and any other applicable state laws, as the same may be amended from time to time; and D. All activities conducted at a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code. E. The proposed Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront would not lead to the grouping of more than four of any combination of the following uses within a one thousand- foot radius: Medical Cannabis Collective Dispensary sites only, Medical Cannabis Dispensaries, or Cannabis Retail Storefronts. This shall be measured from the nearest exterior wall of the cannabis business' occupied tenant space in a shared building, or to the nearest exterior wall of the cannabis business' building envelope if the business is the sole tenant of a building. (Ords. 30227, 30929.)