SEC. 45.19.7.2. COUNCIL AUTHORITY TO REGULATE CANNABIS RELATED ACTIVITY AFTER PUBLIC HEARINGS AND PRIORITY OF DISPENSARIES COMPLIANT WITH PROPOSITION D.
(Added by Ord. No. 184,841, Eff. 4/4/17.)
A. Council Authority. The City retains and possesses complete authority to regulate all aspects of cannabis related activity, including, without limitation, the authority of the Council to adopt ordinances amending any of the provisions of this Article and/or any other provision of City law regarding cannabis related activity, other than taxation provisions to the extent that voter approval of any changes to taxation provisions is required under the State Constitution.
B. Public Hearings. The City intends to adopt a comprehensive regulatory process and structure for all cannabis related activity by September 30, 2017. Prior to the creation of a comprehensive regulatory process and structure for cultivation, processing, distribution, sale and other cannabis related activity, including enforcement of any licensing and related oversight (i.e., the “commercialization” of cannabis), the Council shall convene public hearings in the City involving all stakeholders in the process of developing the rules, regulations and ordinances necessary to regulate the safe commercialization of cannabis, including, but not limited to, Neighborhood Councils, police officers, school officials, probation officers, civic and service organizations, chambers of commerce, cannabis related industries and others. The public hearings shall include consideration and attempted resolution of matters including:
1. Rules concerning who may qualify to operate in any of the phases of commercialization of cannabis;
2. Penalties, fines, and other enforcement tools needed to ensure strict compliance with licensing to avoid the unlawful conduct of cannabis related activities in the City;
3. Regulation of transportation of cannabis products within the City;
4. Siting of all buildings and facilities involved in all phases of commercialization of cannabis;
5. Preventing the over-concentration of businesses involved in commercialization of cannabis;
6. Determinations of any necessary land use requirements such as distances to schools, parks, libraries, residences, liquor stores, stores selling candy to children, and other such matters affecting the locations of stores and facilities involved in commercialization of cannabis;
7. Constitutional and appropriate measures regarding advertising commercialization of cannabis in such a way as to prohibit exposure to anyone under the age of 21;
8. Updated training and protocols to enable police officers to enforce laws against driving while under the influence of cannabis;
9. Requirements for auto rental agencies, particularly at airports, to advise visitors to the City regarding the rules concerning driving while under the influence, and other cannabis regulations, of which visitors may not be aware;
10. Historical issues of social equity and social justice related to the commercialization of cannabis;
11. Issues regarding how the City addresses compliance, complaints, and civil or criminal proceedings related to Proposition D medical marijuana dispensaries; and
12. Any and all other issues that may arise regarding the commercialization of cannabis in the City.
C. Priority of Proposition D Compliant Dispensaries. (Amended by Ord. No. 185,849, Eff. 11/28/18.) An existing medical marijuana dispensary (“EMMD”) that is operating in compliance with the limited immunity provisions (Los Angeles Municipal Code Section 45.19.6.3) and tax provisions (Los Angeles Municipal Code Section 21.50) of Proposition D, may continue to operate within the City at the one location identified in its original or amended business tax registration certificate (BTRC) as of October 19, 2018, until such time that the EMMD applies for and receives a final response to its application for a City permit or license for commercial cannabis activity being conducted at that location. An EMMD that requested an amended BTRC prior to October 19, 2018, shall not be prohibited from operating at a new location approved by the Department of Cannabis Regulation. An EMMD that requested an amended BTRC between October 19, 2018, and November 30, 2018, shall not be prohibited from operating at a new location approved by DCR on the condition that DCR shall not approve the request without first seeking and considering a recommendation from the City Councilmember in whose district the EMMD is requesting to relocate. An EMMD that does not request an amended BTRC by November 30, 2018, may continue to operate only at the location on its current BTRC until such time that the EMMD receives a final response to its application for a City license for commercial cannabis activity being conducted at that location.
The City’s designated licensing or permitting agency shall give priority in processing applications of EMMDs that can demonstrate to the City’s designated licensing or permitting agency that the EMMD has operated in compliance with the limited immunity and tax provisions of Proposition D. To avail itself of the terms of this Section, including the priority processing, an EMMD must apply for a City permit or license within sixty calendar days of the first date that applications are made available for commercial cannabis activity. If the City issues the EMMD a license or permit for commercial cannabis activity, the EMMD shall continue to operate at its location within the City in accordance with the rules and regulations set forth by the City.
