AMENDMENT OF THE WHOLE EN BOARD 11/15/05 | FILE NO. 051250 ORDINANCE NO. o7$- O al [Medical cannabis guidelines and medical cannabis dispensary zoning and permitting.] | | Ordinance amending the San Francisco Planning Code by amending Sections 209.3, | 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, | 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790,141, and 890.434890.133, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house.-and-residential-mixed zoning districts, industial districts, and certain mixed use disticts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts, permit dispensaries elsewhere subject to restrictions based on a dispensary’s proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State | cf Catitornia or funde# by the Department of Public Health; vequire adequate ventilation) in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require | Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; -equire the Planning Commission to hold a di hearing.on each medical cannabis dispensary application; require as of April 1, 2005 to obtain a permit within 18 months of the effective date of this tionary, review | pensaries operating legislation or must cease operations; require dispensaries beginning operation after April 1, 2006 but before the effective date of this legistation to cease operations; require dispensaries seeking to begin operations after the effecti legislation to obtaina permit: require a notice that permits for dispensaries are not intended to and do not findings of consistency with the priority policies of Planning Code Section 101.1 and authorize the violation of State or Federal law: and make environmental findings and | | the General Plan; | | Supervisor Mirkarimi BOARD OF SUPERVISORS Page 1 s1t7r2008 nihealthdehiboardordinanctcanclst2.doeAmending the San Francisco Health Code by adding Sections 3200 through 32203221, to: set medical cannabis possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for g signage and advertising requirements; and set out the administrative process for imposing penalties and/or permit suspension or medical cannabis dispensaries incl revocation for violations; Amending the San Francisco Traffic Code by amending Sections 63 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, Amending the San Francisco Business and Tax Regulations Code by amending Section 1-nd-by to adding Sections 1.177-and-249.47.to authorize the Department of Health to iesue medical cannabis dispensary permits-and-to set out the license fees for medical cannabis dispensaries. Note: Additions are single-underline italics Times New Roman; deletions are strikethrough: italies-Times New- Roman Board amendment additions are double underlined. Board amendment deletions are strikethrough normal Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. The Board of Supervisors of the City and County of San Francisco hereby finds and determines that: (a) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience and welfare. ‘Supervisor Mickarim BOARD OF SUPERVISORS, Page 2 1411772008 viheathiephiboardorsinancieandis12 doe(b) Pursuant to Planning Code Section 101.1, the Board of Supervisors finds that this ordinance is consistent with the Priority Policies of Section 101.1(b) of the Planning Code and | with the General Plan and hereby incorporates a report containing those findings as if fully sal forth herein. A copy of said report is on file with the Clerk of the Board of Supervisors in File | —————05125. | (c) This ordinance constitutes permanent controls to address the proliferation of i medical cannabis dispensaries and its passage terminates the efficacy-of Usgeney-Ordinance No, — 9998-95,-the Interim Moratorium Ordinance on Medical Cannabis Dispensaries. A copy of said_ordinance is on file with the Clerk of the Board of Supervisors in File No, 051769, Section 2. The San Francisco Planning Code is hereby amended by amending | 11] Sections 209.3, 217, 710 through 730, and 819 through 818, and by adding Sections 790.141, | 12|| and 8904344 to read as follows: | 13| SEC. 209.3 Institutions i a4) [RH-]RH-/RH-]RH-]RH-]RM-]RM-]RM-[RM-[RC-[RC-]RC-[RC- aa cele oud adalat Olea ata atae| gute) Dine gurl i 15) |(D) (Ss) | te| j¢ Je fc Je Je fe fe [ce Je Je Jc fe Jc Jta) Hospital, | medical center 17 or other i medical j 18 institution which \ a includes | facilities for | 20 inpatient care | and may also | 241 include medical | offices, clinics, | 22 laboratories, and employee 23 or student 24), dormitories and | jb | 25 | | ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 3 +4n72008 rneathidphibostaordinanceandie!2. doeil other housing, operated by and affiliated with the institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning 8 | institutional master plans. 9\ |p |p lp |p |p [p |p |p |e lp |p le |p |() Residential 10 care facility 1 providing 1 | lodging, board and care for a 7 period of 24 ia hours or more to six or fewer 14. persons in need of specialized 15 aid by personnel 16 licensed by the oa State of California. Such 48 facility shall display nothing 19 on or near the facility which 20 gives an 24 outward | indication of the 22 nature of the occupancy 23 except for a | sign as 24 permitted by 25 ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 4 + r7ra005 nineatthidphiboardterdinancteancis"2.deeArticle 6 of this, Code, shall not provide i outpatient services and shall be located in a structure which remains residential in character. Such facilities shall include but not necessarily be limited to a board and care home, family care home, long-term. | nursery, | orphanage, rest home or home for the treatment of addictive, i contagious or | other diseases or psychological disorders. C (©) Residential care facility meeting all applicable requirements of Subsection 209.3(b) above | but providing lodging, board i and care as | specified therein to seven ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Pages 1111772005 | -niheolthephipoartirainaneteanciot?2 doeor more persons, (d) Social service or philanthropic facility providing assistance of a charitable or public service nature and not of a profitmaking or commercial nature. (With respect to RC Districts, see also Section 209.9(d).) P (e) Child-care facility providing less than 24- hour care for 12 or fewer children by licensed personnel and meeting the open-space and other requirements of the State of California and other authorities. (f) Child-care facility providing less than 24- hour care for 13 or more children by ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 6 1197/2008 thealnidphiboardterdinarctoanais'2 doc16 | licensed personnel and meeting the open-space and other requirements of the State of California and other authorities. (With respect to RC Districts, see also Section 209.9(d).) Cc |(g) Elementary school, either public or | private, Such = | institution may include ‘employee or student dormitories and other housing operated by and affiliated with the institution. (With respect to RC. Districts, see also Section 209.9(d).) c(h) Secondary ‘school, either public or private, other than a school having industrial arts ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 7 4411772005 vhestth\ephiboardiodinancieandis!2.d0eas its primary course of study. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. (With respect to RC Districts, see also Section 209.9(d).) a c fe [(p Post secondary educational institution for the purposes of academic, professional, business or fine arts education, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans Such institution may include: employee or student dormitories and other housing operated by ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 8 1111772005, nihealhidphiboardordinancieancis12.0ee2 3 4 5) 6 7 8 9 18) 19 | and affiliated with the institution. Such institution shall | not have j industrial arts as its primary course of study. C |G) Church or | other religious | institution which} | has a tax- exempt status as a religious | institution granted by the United States. | Government, t ‘and which | institution is used primarily | for collective worship or ritual or observance | of common | religious | beliefs. Such institution may include, on the same lot, the | housing of persons who engage in supportive activity for the j institution. (With | respect to RC ‘Supervisor Mirkarimi Districts, see also Section 209.9(d).) | i BOARD OF SUPERVISORS Poge 9 s1t7/2008 nhealthtphiboarsiordinancicardis12 docre P|) Medical cannabis dispensary as defined by Section 32010) ‘af the San Francisco Health dispensary has applied for a permit from ihe Depariment of Public Health pursuant to Section 3204 of from the parcel containing the is of an school, public or private. or recreation buildings as Section 209 4(a) of this Code, unless not ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 10 111772008 ‘ihealtndphiboardiocnancicandist2 docoar ea ron Wy 12 13 14 15 16 7 18 19 20 21) 22 23 25 required by ‘State law, and, regardless of whether medical nnabis is smoked on the ry. was, subsection (i) it is located not less than 1,000 patosi containing the grounds of an elementary or secondary school, public or private, or recreation Code: (o) if medi on the premises the dispensary shall provide adequate such that doors and/or windows are not left open for such purposes resulting in odor ‘Supervisor Mirkarimi BOARD OF SUPERVISORS, Page 11 1/17/2005 nheatthephiboardiordinandcardis12.cee4 sion from the premises:(d) medical than-600-feet fromthe-parcel | containing the | grounds-otan | elementary or i ! i secondary a | school.publie | | 42 BipHHate3i recreation / { buildings-as defined in Section 208-42} ot this o Gode:-(e) 16 regardless of whe: al 17 cannabi | smoked on the | a premises the medical 20 cannabis dispensary is not located not less. than 500 feet fromthe parcel containing located on the 24 same parcel as a facility | | Supervisor Mirkarimi | BOARD OF SUPERVISORS Page 12 | 94/17/2005. nealthidphiboarcordinanc\candis12 dosrroviding substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health; 88) no alcohol is ld or distributed on the premises for o) or off-site consumption: (afiupon acceptance of a complete application for building permit cary the Planning Department shall cause a notice to be posted on the proposed site and shall cause properties within 300 foet of the subject lot in the same Assessor's Block and on the block face across from the subject Jot as well as to alLindividuals or Supervisor Mirkarimi BOARD OF SUPERVISORS Page 13, 1471772008 htheatthidphboardortinancicands12 doc,groups which have made a | jen request for notification of regarding specific properties, areas or medical cannabis dispensaries; (Ag)all building | permit applications shail be held for a period of 30 occupar owners of neighborhood “this 30 day period, all Fequesis-for the Planning ‘Commission shall schedule i a hearing to consider ‘whether to exercise its | discretionary review powers overefa the building permit | application for a medical cannabis Supervisor Mirkarimi BOARD OF SUPERVISORS Page 14 1117/2005 nihostthidshiboorerdinancieandis 12 docdispensary, The scheduling and the mailed notice for this hearing shall be processed in aecordance with Section 312(e) of this Code; i) Medical dispensaries that can demonstrate ctiteria it may develop, ‘ere in operation effective dae of this legislation to obtain a permit or must cease ‘operations at the end of that ‘month period, or ‘upon denial of a permit application ifit occurs before the end of that 18 ‘month period. fedical cannabis dispensaries that Supervisor Mirkarimi BOARD OF SUPERVISORS Page 15 1411772008 nihealhdphitoardiordinancicancis 2. coewere in operation ‘as of April 1, ‘not in continuous operation since then, but can show demonstrate to the Planning Department, based on any griteria imay develop, that the reason for their lack of legislatio obtain a pe must cease operations at the end of that 18 month period, or upon denial of a permit application ifit occurs before the end of thai 18 month period. Notwithstanding the foregoing, inno case shall adispensary thathad or has ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 16 11991772005 nihealhidphtboarderdinancieandis!2. coei i ineattnephiboaesiordnanctesnciet2.00e | a.suspended or | revoked permit 2 tobe in 7 continuous 4| gperation. Any | dispensary 5 6 House or H Residential- 7h Mixed district of 8 the City or which began operation 9 afer, 10 4 cy any ps 2 issued for a | ‘medical cannabis 13 | dispense ‘| ‘contain the 14 15) bold-face pe 16| "Issuance of this permit by the 17 City and County of San Francisco 18 is not intended to 19) and does not authorize the 20 violation of State or Federal law.” 21 | 22 SEC. 217. INSTITUTIONS. 3) [eae es [es [co Jos Jom|ma [m2 24 | o |R |-c }s 25 | || ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS Page 17 1909772005(a) Hospital, medical center or other medical institution which includes facilities for inpatient care and may also include medical offices, clinics, laboratories, and ‘employee or student dormitories and other housing, operated by and affiliated with the institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans. (b) Residential care facility providing lodging, board and care for a period of 24 hours or more to persons in need of specialized aid by personnel licensed by the State of California, Such facilities shall include but not nevessarily be limited to a board and care home, family care home, long-term nursery, orphanage, rest home or home for the treatment of addictive, contagious or other diseases or psychological disorders, (©) Clinic primarily providing outpatient care in medical, psychiatric or other healing arts and not a part of a medical institution as specified in Subsection 217(a) above (d) Social service or philanthropic facility providing assistance of a charitable or public service nature. (e) Child-care facility providing less than 24-hour care for children by licensed personnel and meeting the open-space and other ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 18 1147/2005 nihealthiephiboarcherdinaneicandist2.¢0¢requirements of the State of California and other authorities, p lp |p [p |p |p |p |p () Elementary school, either public or private. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. ep lp |p |p |p |p |p [P (g) Secondary school, either public or private, other than a school having industrial arts as its primary course of study, Such institution may include employee or student dormitories and other housing operated by and affiliated + with the institution, { Pp |p (h) Postsecondary educational institution for the purposes of | academic, professional, business or fine-arts education, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. Such institution shall not have industrial arts as its primary course of study. p |p |p [P| Secondary or postsecondary educational institution, other than as specified in Subsection 217(g) and (h) above. p p jp [p |p [p [Pp |p |p [Pr |g) Church or other religious institution. Such institution may include, on the same lot, the housing of persons who engage in R® x ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 19 sarv7r2005 nithealtdphtboartiordinancieandist2 oea] L institution. PB [P| 4). Medical cannabis dispensary as defined by Section 3201) of the San Francisco Health Code provided dispensary has applied for a permit from the Department of Public Health premises, the parcel containing 1 medical cannabis dispensary is cated not less than 1,060 feet from an elementary or secondary school, rate, OF WY defined in Section 22 \(e) of this c equired by. 12 law, and, regardless of whether medical cannabis is smoked on 8 the premises, ifthe dispensary 414! Was not in operation as of April 1, 2005, as defined in subsection (), 15 itis located not less than 1,000 feet from the parcel containing ‘6 | grounds ofan elementary or i ‘secondary school, public or 7 | private, or recreation buildings as 18 | defined in Section 221(e) of this Code. (c) if medical cannah dispensary shall provide adequate 20 ventilation within the siri that doors andior windoy lefi open for such purposes resulting 22 in odor emixsion rom the premises. 1 @) it medical-cannabis.is-not 23 smoked-on-the premises-the | parcel containing the medical 24 cannabis-dispensaryis-located-not | Supervisor Mickariest BOARD OF SUPERVISORS Page 20 11/1772008, nheattnpniboarsocdinaneieandis2.c0econtaining the grounds of an elementary-or secondary school, public-or private-or a community clubhouse-or neighborhood senter-as-defined in Section 224(9) ofthis Gode:(e) regurdless smoked on the premises the parcel containing the medical carmabis dispensary is not losated net less than-500-feet from the parcel sontaining located on the same parcel as a facility providing vices that is ified by the State of - funded by the bic Health; Se) no dor distributed on the uption: (Gf) upon acceptance of plete application for a building «a medical cannuhis to all properties within 300 feet of the subject lot in the same Assessor's from the subject lot as well as. individuals or groups which have made a written request jor notification of regarding specific properties, areas or medical cannabis dispel (hg) all building permit applications shall be held for period of 30 calendar days from the date of the mailed notice to allow review by residents, occupants, owners of neighborhood properties and neighborhood groups: and (ih) ‘Supervisor Mirkarimi BOARD OF SUPERVISORS 449772008 Page 21 ntheatnphibaarsiordnancieanclst2 doe4 te this 30 day period, al-equests the Planning Commission shall 2 scheaule a hearing to consider whether to exercise its 3 discretionary review powers over : ota the building permit application for a medical cannabis dispensary 5) ‘The scheduling and the mailed notice for this hearing shail be 6) proe 7 8 9 0 | 312(e) of this Code; (ji) Medical 1 cannabis dispensaries that can to the Planning Department based on any criteria itmay develop, thev were in i operation as of April 1, 2005 and have rei ined | from the eff 42) | legislation to obta nn i cease operations at the end of that 18 13 |] month period. or upon denial of a | permit application if it oceurs before 14) the end of that 18 month period. } Medical cannabis dispensaries that i were in operation as of April 1, 2005, 16] [and were not in continuous operation { since then, but cun Show 7 demonstrate to the Planning | Department, based on any criteria 18) itmay develop. that the reason for 19 | their lack of continuous operation was not closure due to an act 20 violation of federal, state or local Jaw, also have 18 months from the 21 effective date of this legislation to obtain a permit or must cease 22 operations at the end of that 18 month : period, or upon denial of a permit a application if it occurs before the end 24 of that 18 month period, Notwithstanding the foregoing. in 25 | Supervisor Mirkarimi BOARD OF SUPERVISORS Page 22 11/17/2005 nihealthdphlboarsixdinancteancist?2 docno case shall a dispensary that had or has a suspended or erased permit be considered to N_contin a pensary operating ina Residential-House or Residential. Mixed district of the City or which ration afier April 1, 20053, diately cease operations, nit issued for a medical cannabis dispensary shall contain the following statement in bold-face type "Issuance of this permit by the and County of San Francisco is not rat author the violation of State or Federal I intended to and do: n._Any ‘SEC. 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE. | Controls by Story | No. Zoning Category I§ References ist [and [arar | | Institutions and Non-Retail Sales and Services Bhai T1O84 § 796.141 Pit i i | SPECIFIC PROVISIONS FOR NC-1 DISTRICTS | [Article 7 Code [Other Code Section [§ Zoning Controis Section | §710.84 Only those medical cannabis dispensari '§790.144 i Department they were in operation as of | April 1. 2005 and have remained in | ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS Page 23 | sarv7i2008 nvthealthigphiboardordinancieandisi2 dec. |1 continuous operation or that were not in [continuous operation since April 1, 2005, but 2| can demonstrate to the Planning | ariment that the reason, for their lack of 3 continuous operation was not closure due to jan actual violation of federal, state or local 4) law, may apply for a medical cannabis 7 dispensary permit in-an NC-1 District. 6 7| SEC. 741. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING a] CONTROL TABLE. (Controls by Story 9 No Zoning Category Ig References ist [and [3rd+ 40) Institutions and Non-Retail Sales and Services 1 pa Medical Ca 1 12) Dispensary | 13 44|| SPECIFIC PROVISIONS FOR NC-2 DISTRICTS 15} [Article 7 Code [Other Code Section [§ Zoning Controls, : 16 | Section a7 | [S784 Health Code §3208 [Medical cannabis dispensaries nm NC-2 $790.4 District may only operate between the hours 18 lof 8am and 10pm. 19 20 | SEC. 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 241 ZONING CONTROL TABLE. 2 [Controls by Story oD i No. Zoning Category I§ References ‘st [2nd [3rd+ a || institutions and Non-Retail Sales and Services 25 Superior Mirkarimi BOARD OF SUPERVISORS Page 24 sr7i2005 mveathidehbostsortinancands12 doe|) [aaa [Medical Cannabis REINET Pe Dispensary i SPECIFIC PROVISIONS FOR NC-3 DISTRICTS. Article 7 Code [Other Code Section [§ Zoning Controls. Section [Health Code $3208 {Medical cannabis dispensaries in NC-3 District may only operate between the h lof 8.am and 10 pm. { ZONING CONTROL TABLE. SEC. 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S f (Controls by Story | No Zoning Category § References [2nd pe Institutions and Non-Retail Sales and Services ' Medi ‘Cannabis [$790.141 i SPECIFIC PROVISIONS FOR NC-S DISTRICTS Article 7 Code [Other Code Section _[§ Zoning Controls Section $713.84 Health Code §3208 [Medical cannabis dispensaries in NC-S §790.141 District may only operate between the hours | jof 8 am and 10.pm. TABLE. Supervisor Mirkarimi || BOARD OF SUPERVISORS Page 25, si7r2008 theatthsphWeardiorsinancicancis2 doe SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL |19 | 21 22 23 24 | 25 (Controls by Story No. Zoning Category '§ References 4st end [es institutions and Non-Retail Sales and Services rey) [Medical Cannabis 0141 iP SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. [Controls by Story No. (Zoning Category § References ist [2nd Be | |Institutions and Non-Retall Sales and Services |Medicai Comaabis fe SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. a [Controls by Story No. [Zoning Category § References 4st [2nd [od institutions and Non-Retail Sales and Services 716.84 Medical Cannabis [S290.747 P a ce Cd SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 28 sr7i2005 nihealh\éphiboardirdinancicandist2. doe(Controls by Story § References 1st and [ar ervices No Zoning Category Ln Institutions and Non-Retail Sales and S TIZ8E Medical Cannabis Dispensars [$790,147 SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. Controls by Story Dispensary No, Zoning Category § References 4st [2nd [et Institutions and Non-Retail Sales and Services [Medical Cannabis Tal P CONTROL TABLE. SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING [Controls by Story No. Zoning Category § References Ist [er [+ institutions and Non-Retail Sales and S¢ ervices 719.84 (Medical Ce mnabis Dispensary § 790.141 SEC. 720. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 27 111772008, nhestinephiboardiorinaneleandss12.d0e19) 24 | 22 | 23 24 25 | (Controls by Story No. Zoning Category Ig References ist [2nd [3rd+ Institutions a ind Non-Retail Sales and Services 720.84 Dispensar 790.141 Te SEC. 721. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. Controls by Story No. Zoning Category § References ist [2nd [es Institutions a ind Non-Retail Sales and Services PLS Medical Cannabis Dispensary SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. (Controls by Story No Zoning Category § References ist [2nd [3rd+ Institutions a ind Non-Retail Sales and Services Medical Cannabis Dispensary 141 SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 28 4177208 rtheatinigphiboardirdinaneicandis2. dee12 13, 4 15 | 16 17] 18 19] 20 24 | 22 23 24 |) 25 [Controls by Story f [Zoning Category § References ist [end [a Institutions and Non-Retail Sales and Services 723.84 (Medical Cannabis [ps pensary £790.14) P | | CONTROL TABLE. [Controis by Story No. Zoning Category Ig References [ist Pees Srd+ Institutions and Non-Retail Sales and Services [Afedical Cannabis Dispensary oo SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. T (Controls by Story No. Zoning Category § References ist [2nd [3rd+ Institutions and Non-Retail Sales and Services Dispensary FI ‘SEC. 726. VALENCIA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 29 s9y17/2008 heathidphboardlocdinanctcandis'2 doc SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING |i | 4| T Controls by Story | 2 || TNo. [Zoning Category § References. 4st [2nd [3rd+ 3 [lastitutions and Non-Retall Sales and Services, | (2882 [ledieal Cannabis 2a aT P Disp wry 5 | 6 7 || SEC. 727. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL DISTRICT : ZONING CONTROL TABLE. Controls by Story No. (Zoning Category § References tst [and [or 10) |_ [institutions and Non-Relail Sales and Services j 144) Boece Cumnabis ia Ba 12] | | Dispensary 13 14 15 | jg | SEO-728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. | val] Controls by Story 18 | INo Zoning Category § References ist [and [ara | 19 | JInstitutions and Non-Relail Sales and Services | 20 al Cannabis 5790141 [P | a i 21 | 22 25 | sec. 729, WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. 25 Superisor Mika BOARD OF SUPERVISORS Page 20 +w72008 niheattisphboontardnanceand2 doe(Controls by Story No Zoning Category § References Ast [2nd [3rd+ Institutions and Non-Retail Sales and Services 229.84 [Medical Cannabis Dispensary 90147 ai] ‘SEC, 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE. Controls by Story et No. Zoning Category § References st [and [3rd+ Institutions and Non-Retail Sales and Services ae (Medicat Cannabis Dispensary $790 147 eT [ SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE. [Controls by Story No. Zoning Category § References ist [2nd [3rd+ [Medical Cannabis Dispensary § 890-434890.133 [Pp SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT ZONIN IG CONTROL TABLE. [Controls by Story No Zoning Category § References ist [2nd [3rd+ ‘Supervisor Mickarimi BOARD OF SUPERVISORS Page 31 19/17/2008 ihealihgphiboarsierdinancleancis12 coeSear Hearon Wy 12 13 14 15) 16 17 18 20 21 22 23 24 25 [Medical Cannabis ie Dispensary $90-434890.133 SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT | ZONING CONTROL TABLE. | (Controls by Story | No. Zoning Category [§ References Tat [ and [ard+ | (33, [Medical Cannabis [$890-434890.133 [P | Dispensary | SEC. 813. RED -- RESIDENTIAL ENCLAVE DISTRICT ZONING CONTROL TABLE. | Institutions No. Zoning Category § References {Controls | | 1813.23 Medical Cannabis Dispensary |860-434890.1. |PP# | 33 ‘SPECIFIC PROVISIONS FOR RED DISTRICTS ' | [Atticle 8 Code [Other Code Section [§ Zoning Controls |Section | §813.23 [Only those medical cannabis dispensaries 1§890.133 {that can demonstrate to the Planning [bgeatiment that the reason for their lack of Department they were in operation as of April 1, 2005 and have remained in continuous operation or that were not in \ [continuous operation since April 1, 2005, but an demonstrate to the Planning |continuous operation was not closure due to | ‘Supervisor Mirkacima BOARD OF SUPERVISORS Page 32 1174712005 | miheatinidphiboardidnancicandiet2 dee |an actual violation of federal, state or local aw. may apply for a medical cannal dispensary permit ip an RED District, SEC. 814, SPD -- SOUTH PARK DISTRICT ZONING CONTROL TABLE, [institutions Zoning Category § References _|Controls PR# Other Code Section [Section § Zoning Controls §814.23 890,133 Only those medical cannabis dispensaries that can demonstrate to the Planning Department they were in operation as of April 1, 2005 and have remained in continuous operation or that were not in continuous operation since April 1, 2005, but can demonstrate to the Planning Department that the reason for their lack of continuous operation was not closure due to Jan actual violation of federal, state or local law, may apply for a medical cannabis dispensary permit ina South Park District TABLE. SEC. 815. RSD ~ RESIDENTIAL/SERVICE MIXED USE DISTRICT ZONING CONTROL. Institutions | No Zoning Category Ig References [eoniris ‘Supervisor Mirkarimi BOARD OF SUPERVISORS. Page 33 1171772008 rihealthidphiboardiordinanctcand'st2 docCor oanron 10 1 12 13 14 15 16 17| 18 19 20 on | 22 23 24 25 }843-23815. | Medical Cannabis Dispensary }890-434890.1 [23 33 SPECIFIC PROVISIONS FOR RSD DISTRICTS Article 8Code | Other Code Section | § Zoning Controls Section §815.23 Sai these medical cannabis dispensaries 1§890.133 [EES eT eT as. of ‘April 1. 2005 and have remained in continuous operation or tt continuous operation fav. may app ly for a medical cannabis dispensary permit in an RSD District. SEC. 816. SLR - SERVICE/LIGHT INDUSTRIAL/RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE. Institutions No Zoning Category § References Controls. i 8 33 Medical Cannabis Dispensary |890-434890.1 PP SPECIFIC PROVISIONS FOR SLR DISTRICTS. fAiticie 6 Code [Other Code Section me Supervisor Mirkarimi BOARD OF SUPERVISORS Page 34 1171712008 nihealthdphiboardioninanctcandst2 doc1 90.433 that can demonstrate to the Planning I Department they were in operation as of April 1, 2005 and have remained in continuous operation or that were not in | continuous operation since April 1, 2005, but] | can demonstrate to the Planning /Departinent that the reason for their lack of Jcontinuous operation was not closure dueto] an actual violation of federal, state or local law, may apply for a medical cannabis dispensary permit in an SLR District. SEC. 817. SLI -- SERVICE/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE. [Institutions T nee = | a [Ne Zoning Category ces. [Controls 12 || |843-28817. | Medical Cennabis Dispensary |896-434890.1 |PEH | i 3 i - 22 ~ i PROVISIONS STRICT | [Aticle 8 Code [Other Code Section [§ Zoning Controls 16) | section | 17) §897.23 [Only those medical cannabis dispensaries | 4g | |§890.133 that can demonstrate to the Planning | Department they were in operation as of | 19 April 1, 2005 and have remained in | |continuous operation or that were not in | 20 continuous operation since April 1, 2005, but can demonstrate to the Planning | fi Department that the reason for their lack of 22 continuous operation was not closure due to an-actual wotation federal, state or local 23 law, may apply for a medical cannabis oa | dispensary permit in an SLI District, 25 | sven | dsso or sueenvsors PepsInstitutions No. Zoning Category § References |Controls 1843-23818, | Medical Cannabis Dispensary. 890.434890.1 |PP# 33 ECIFIC PROVISK Ss Amticle 8 Code [Other Code Section [§ Zoning Controls [Section '§818.23, Sol thase radical cannabis dispens dispensaries $890,133 Department they April 1, 2005 and have remained in jcontinuous operation or that were not in continuous operation since April 1, 2005, but can emote 0 ‘he Planning oo ae closure "due to an_actual violation of federal, state or local law, may apply for a medical cannabis dispensary permitin an SSO District SEC. 790.141 MEDICAL. ANNABIS DISPENSARY. A medical cannabis dispensary shall be as defined by Section 3201 (f) of the San Francisco Health Code provided that: {a)_the medical cannabis dispensary has applied for a permit from the Deparment of Public Health pursuant to Section 3204 of the San Francisco Health Code: () if medical cannabis is smoked on the premises, the parcel containing the medical cannabis dispensary is located not less than 1, ‘Supervisor Mirkarim BOARD OF SUPERVISORS. from ie parcel containing the grounds of an elementary Page 36 1117/2005 pnwaltndpnivosrclerdinanetcanaist2 doo SEC. 818. SSO ~ SERVICE/SECONDARY OFFICE DISTRICT ZONING CONTROL TABLE.yr secondary school, public or private, or a community facility, or recreation building as defined in Section 790 5b(a) of this Code, unless not requil and, regard| ‘medical cannabis is smoked on the premises, if the dispensary was not in operation as of April 1, 2005, as defined in subsect ocated no! han 1,000 feet from the parcel \ds of an elemen school, public or private, or recreation buildings as defined in Section 790.50(f) of this Code. (c)_ifmedical cannabis is smoked on the premises the dispensary shall provide adequate ventilation within the structure such that doors and/or windo resulting in odor emission from the premise ()-it medical bi t- smoked-on-the-pi the parcel-containing-the medical cannabis. dispensary is located-not-less-than-600 feat fromthe -pateel-coniaining-the 1s are not left open for such purposes (ed) regardless of whether medival cannabis is smoked on the premises the parcel containing the medical cannabis dispensary is not lesated-Retess than 600 feel from-the-parcel-containing located on the same parcel as a facility providing substance abuse services that is licensed or certified hy the State of California or funded by the Department of Publie Health, (fe)_no alcohol is sold or distributed on the premises for on or off-site consumption, (@f)_upon acceptance of a complete application for a building permit for 4 medical cannabis dispensary the Planning Department shall cause a notice to be posted on the proposed site and shall cause written notice to be sent via U.S. Mail fo all properties within 300 feet of the subject lot in the same Assessor's Block and on the block face across from the subject Jot as well as to all individuals or groups which have made a written request for notification of regarding specific properties, areas or medical cannabis dispensaries, ‘Supervisor Mirkarimi BOARD OF SUPERVISORS Page 37 141772008 nthealthsphiboardierdinancteandist2 doe(hq)_all building permit applications shall be held for a period of 30 calendar davs from the date of the mailed notice to allow review by residents, occupants, owners of neighborhood properties and neighborhood groups; and (ih) afier this 30 day period, altrequests-for the Planning Commission shall schedule a hearing to consider whether to exercise its discretionary review powers over of.a the building ‘permit application for a medical cannabis dispensary. .eduling and the mailed notice for hi ing shall be processed in accordance with Section 312(e) of this Code, Gi Medical cannabis dispensaries that can demonstrate to the Planning Department, based on any criteria it may develop, they were in operation as of April 1, 2005 and have remained in 3 months from the effective d d of that 18 month period, or upon d continuous operation since late of this legislation to obtain the. permit F mud ecase operation application if it occurs before the end of that 18 month period _M. were tn operation as of April 1, 2005, and were not in continuous operation since then, but can Show tL of « per) ical cannabis dispensaries that demonstrat lk Department, based on any criteria it may develop, that the reason for their lack of continuous operation was not closure due 10 an actual yiolation of federal, state or local law, also have 18 months from the effective date of this legislation to obtain a permit or must cease operations at the end of that 18 month period, or upon denial of a permit application if it occurs before the end of that 18 month period Notwithstanding the foregoing, in no case shalla dispensary that had or has a suspended or revoked permit be considered to be in continuous operation. Any dispensary operating in a Residential-House or Residential-Mixed district of the City or which began operation afier April 1, 2005, must immediately cease operations (Kany permit issued for a medical cannabis dispensary shall contain the following statement inbold-face type “Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law."" ‘Supervisor Mirkarimi BOARD OF SUPERVISORS. Page 98 sarv72008 nheatthjphiboardiersinanelcandis 12-doeSEC. § 890-434890.13: MEDICAL C: NABIS DISPENSARY. A medical cannabis dispensary shall be as defined by Section 3201 (f) of the San Francisco Health Code provided that: (a) the medical cannabis dispensary Health pursuant t | ()_if medical cannabis is smoked on the premises, the parcel containing the medical cannabis dispensary is located not less than 1,000 feet from the parcel containing the grounds of an elementary or secondary school, public or private, or a community facility, o creation building as defined in ction 890.50(a) of this Code, unless not required by State law, and, regardless of whether | medical cannabis is. smoked on the premises, if the dispensary wes jot in operation as of April 1, 2005. as defined in subsection (i), it is located not less than 1,000 feet from the parcel containing the grounds of an elementary or secondary school, public or private, or reoreation buildings as defined in Section 890.50(a) of this Code. (c)_if medical cannabis is smoked on the premises the dispensary shall provide adequate ventilation within the structure such that doors and/or windows are not left open for such purposes resulting in odor emission from the premises, {a} t medical cannabis is not smoked-en the premises, the parcel-containing th | .dicat bie di ted-notless- than 500-feet. tain pensary-is-located from-the parcel th grounds of an-elementary of secondary school, public oF private-ora community facility, oF (ed) regardless of whether medical cannabis is smoked on the premises the parcel containing the medical cannabis dispensary is not jocated-not-less-than-800-feet from the parcet- containing Supervisor Mirkarimi BOARD OF SUPERVISORS, Page 39 111172005, niheathiephboardiodinancieandiet2 coe» RB 8 y located on the same parcel as a facility providing substance abuse services that is licensed or | tified by the State of California or funded by the Department of Public Health, 1 ie)_no alcohol is sold or distributed on the premises for on or off-site consumption: (@f)_upon acceptance of a complete application for a bullding permit for a medical cannabi dispensary the Planning Department shall cause a notice to be posted on the proposed site and shall “aus itten notice fo be sent via U.S. Mail to all properties within 300 feet of the subject lot in the sume Assessor's Block and on the block face across from the subjet ot as well as toll ndividoals or groups which have made a written request for notification of regarding specific properties, areas or | medical cannabis dispensaries; | fhg)_all building permit applications shall be held for a period of 30 calendar days from the date of the mailed low re ew by residen 13 of neighbor scupants, 0) and neighborhood groups. and | (0) afer this 30 day period_allrequests-for the Planning Commission shall schedule a hearing to consider whether to exercise its discretionary review powers over ofa the building permit application for a medical cannabis dispensary. The scheduling and the mailed notice for this hearing shall be processed in accordance with Section 31 2(e) of this Code: Gi) Medical cannabis dispensaries that can demonstrate to the Planning Department, based on any criteria it may develop, they were in operation as of April 1, 2005 and have remained in | continuous operation since then, have 18 months from the effective date of this legislation 10 obtain a | ermit or must cease operations al the end of that 18 month period, or upon denial of a permit | application if it occurs before the end of that 18 month period. Medical cannabis dispensaries that were in operation as of April 1, 2005, and were not in continuous operation since then, but can ShOW demonstrate to the Planning Department, based on any criteria it may develop, that the reason for their lack of continuous operation was not closure due to an actual violation of federal, state or ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS ego 40 | 191772005 | naheatihidpnibosrciersinaneicanas'2.200local law, also have 18 months from the effective date of this legislation to obiain a permit or must | cease operations at the end of that 18 month period, or upon denial of a permit application if it occurs before the end of that 18 month period. Notwithstanding the foregoing, in no case shall a | dispensary that had or has a suspended or revoked permit be considered to be in continuous operation. _dAnv dispensary operating in a Residential-House or Residential-Mixed district of the City | or which began operation after April 1, 2005, must immediaiely cease operations; ' (K))_any permit issued for a medical cannabis dispensary shall contain the following statement | in boldface type "Issuance of this permit by the City and County of San Francisco is not intended to | and does not authorize the violation of State or Federal law." Section 3. Environmental Review. The Planning Department concluded environmental review of this ordinance pursuant to the California Environmental Quality Act. Documentation of that review is on file with the Clerk of the Board of Supervisors in File No. | Sis | Section 4. The San Francisco Health Code is hereby amended by adding Article 32, | Sections 3200 through 32203221, to read as follows: SEC. 3200. TITLE This Article may be cited as the "Medical Cannabis Act." | SEC. 3201. DEFINITIONS. i} For th urposes of this Article: | fa)_"Cannabis" means marijuana and all parts of the plant Cannabis, whether growing or not: the seeds thereof: the resin extracted from any part of the plant; and every compound, manufuet Supervisor Mirkarimi BOARD OF SUPERVISORS Page at | 11/97/2008 piheatinephipsarctordinancicandi2.c0e |on ear on 1 12 13) 14 15 16 7 18 19) 20 2 22 23 24 25 salt, derivative, mixture, or preparation of the plant, ts seeds or resin_lt includes marijuana infused in foodstuff. I-does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, anv other compound, manufacture, sal, derivative, mixture, or | preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seeds of the plant are incapable of germination, | {b)_"City" means the City and County of San Francisco. "Convicted" means having pled euilty or having received a verdict of guilty, including a | verdict following a plea of nolo contendere, to a crime. | (d)_"Director" means the Director of Public Health or amv individual designated by the or her behalf, including but not limited to i Director to act on hi | peciors, | xcessive profits,” means the receipt of consideration of a value substantially higher than the reasonable costs of operating the facility. Such reasonable costs shall include expenses for rent or mortgage, utilities, emplovee costs, furniture, maintenance, or reserves maintaine account set aside exclusively for potential financial or legal liability. ina segregated | | | ("Medical cannabis dispensary" means any association. cooperative, or collective of ten or more qualified patients or primary caregivers that facilitates the lawful distribution of medical cannabis, | (@)_"Medical Cannabis Identification Card" or "Identification Card” means a document issued , by the State Department of Health Services pursuant to California Health and Safety Code Sections 11362.7 et seg. or the City pursuant to Health Code Article 28 that identifies a person authorized to engage in the medical use of cannabis und the person's designated primary caregiver, ifany. or intifies a person as a primary caregiver for a medical cannabis patient, | BOARD OF SUPERVISORS. Page 42 41/17/2005 Supenisor Mirkarimi i noeaiiconaccene co(h)_ "Permittee" means the owner, proprietor, manager. or operator of a medical cannabis dispensary or other individual, corporation, or partnership who obtains a permit pursuant to this, Article. | @_Primary caregiver" shall have the same definition as California Health and Safety Code ‘Section 11362.7 et seg., and as may be amended, and which defines "primary caregiver" as a | individual, designated by a qualified patient or by a person with an identification card, who has | consistently assumed responsibility for the housing. health or safety of that patient or person, and may | include a licensed clinic, a licensed health care facility, a residential care facility. a hospice. or a home | health agency as allowed by California Health and Safety Code Section 11362. 7(d)(1-3). ()_"Qualified patient" shall have the same definition as California Health and Safew Cod may be amended, whic! not have a valid medical cannabis identification card. For the purposes of this Article, a "qualified ratient who has a valid identification card" shall mean a person who fulfills all of the requirements to be a “qualified patient" under California Health and Safety Code Section 11362,7 et seg. and also has valid medical cannabis identification card, SEG. 3202. MEDICAL CANNABIS GUIDELINES. Pursuant to the authority granted under Health and Safety Code section 11362. i | | i | | | the City and | County of San Francisco enacts the following medical cannabis guideline | (@)_A qualified patiens, person with a valid idemification card, or primary caregiver may | ess no more than one pound eight ounces of dried cannabis per qualified patient_In addition. a | qualified patient, person with a valid identification card, or primary caregiver may also maintain no Supervisor Mirkarimi | BOARD OF SUPERVISORS Page 43 | 1111772005 iniheakindphiboardiordinancteandist2.doe |‘more than Pinety-nine-{99) twenty-four (24) cannabis plants per qualified patient in or up to 400 25 square feet of total garden canopy measured by the combined vegetative growth area. (b)_If.a qualified patient, person with an identification card, or primary caregiver has a | doctor's recommendation that this quamiity does not meet the qualified patient's medical needs, the | jualified patient, person with an identification card, or primary caregiver may possess an amount of | cannabis con: jent with the patient's needs. (e)_Only the dried mature processed flowers of female cannabis plant or the plant conversion | shall be considered when determining allowable quantities of cannabis under this see SEC. 3203. PERMIT REQUIRED FOR MEDICAL CANNABIS DISPENSARY. | research fa Except, ties, itis unlaveful to operate or maintain, oF fo participate therein. or to cause or to permit to be operated or maintained, any medical cannabis dispensary without first obtaining a permit pursuant to | SEC. 3204. APPLICATION FOR MEDICAL CANNABIS DISPE} SARY PERMIT. ] (@)_ RESERVED Every-applicant for-a medical cannabis dispensary permitshallfile | an-application with the Director-upon-a-form provided-by the Director-and_pay.a.nos- i efundable permit application fee-of $7,396.00-to cover the costs to-all-City departments-of fees for appeals-before the Board-of Appeals. | | (b)_The permit application form shal! provide clear notice to applicants that the Fire Code includes a requirement, among others that mav apply, that an establishment obtain a place of assembly, | permit if it will accommodate 100 or more persons based on its square footage. Supervisor Mitkarimi | BOARD OF SUPERVISORS Page 44 | 119712008 ’ieatinéphibesrctersinancizandig!2.dae(c) The applicant for a medical cannabis dispensary permit shall set forth, under penalty of — | |) perjury, the following on she permit application. | 1 2 3 The proposed location of the medical cannabis dispensar \ 4 (2) The name and residence address ofeach person applving for the permit and any other | 5 || person who will be engaged in the management of the medical cannabis dispensary; \ 6) G3) A unique identifving number from at least one government-issued form of identification, | 7|| suchas a social security card, a state driver's license or identification card, or a passport for of each | 8 | person applying for the permit and any other person who will be engaged in the management of the | 9] medical cannabis dispensary: | 10 | (4) Written evidence that each person applving for the permit and any oiher person who will be | 11 || engaged in the management of the medical cannabis dispensary is at least 18 years of age; | 12 (3) All felony convictions of each person applying for the permit inv other person who will i | 13), be engaged in the management of the medical cannabis dispensary: | 14 (6) Whether cultivation of medical cannabis shall occur on the premises of the medical | 15 | cannabis dispensary, 16) 2)_Whether smoking of medical cannabis shalt occur on the premises of the medical cannabis 17 |, dispensary, 18 (8) Whether food will be prepared, dispensed or sold on the premises of the medical cannabis 20) 9) Proposed security measures for the medical cannabis dispensary, including lighting and 21 || alarms, to insure the safety of persons and to protect the premises from thefl 22 (e) If the applicant is a corporation, the applicant shall set forth the name of the corporation | | | 19 || dispensary; and | | i | i i | i | 23 | exactly as shown in its articles of incorporation, and the names and residence addresses of each of the 24 | officers, direciors and each stockholder owning more than 10 percent of the stock of the corporation. If\ 25 | i ‘Supervisor Mirkarimi i BOARD OF SUPERVISORS Page 45 | swt72005 nihealthephiboardierdinanceancist2 dee. | I 118) 19 20 | 22 23 24 25 | the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the parmers is a corporation, the provisions | of this Section pertaining to a corporation | (_The Director is hereby authorized to require in the permit application any other information| including, but not limited to, anv information necessary to discover the truth of the matters set forth in | the application. | (g) Each person applying for the permit and any other person who will be engaged in the I | management of the medical camabis dispensary shall submit with the permit application a signed waiver authorizing the San Francisco Police Department to perform a thorough and complete criminal aud employment background check. The waiver shall state that it does not authorize the San Francisco Police Department to disclose the results of the criminal and employmen | background check to any department, agency or entity not affiliated with the City and County | of San Francisco, | | SEC. 3205. REFERRAL TO OTHER DEPARTMENTS. | (@)_Upon receiving a completed medical cannabis dispensary permit application and permit | application fee, the Director shall immediately refer the permit application to the City's Planning | Departnent-Department of Building Inspections, Police Department and Fire Department, | | () Said departments shall inspect the premises proposed to be operated as a medical cannabis | dispensary and confirm the information provided in the application and shall make separate written recommendations to the Director concerning compliance with the codes that they administer. | Specifically, the Police Department shall perform a thorough and complete criminal and employment background check on each person applying for the permit and any other person who will be engaged in the management of the medical cannabis dispensary. Te Department of Building Inspections BOARD OF SUPERVISORS: Page 46 1111712005 nshealthdphiboarcorsinancleandisi2.dee | Supervisor Mirkarimi | |shail, in consultation with The Police Depariment, shall approve the security measures for the medical cannabis dispensary, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. Departments’ written approval, rejection and/or recommendations regarding the permit shall be delivered to the Director. Ifthe any department rejects the permit, it | shall inform the Director of the reasons for the rejection and the measures the permit applicant can | ‘ake 1o cure the rejection. The Director shall inform the permit applicant that the application is | denied based on rejection by a department-of the -rejection_ie reasons for the departmental | velection, apd measures the permit applicant can take to cure the departmental rejection, and that the denial is appealable pursuant to Section 3217 of this Article. i \ SEC. 3206. NOTICE OF HEARING ON PERMIT APPLICATION. | (@_ After receiving wrtien approval ofthe permit application from other Citv Departments as. | set at Seton 3208, he Diteto hal fo. tne a plve fora pbli hearing onthe aplication | which date shall not be more than 45 davs after the Director's receipt of the written approval of the permit application from other City Departments | ()_No fewer than 10 days before the date of the hearing, the permit applicant shull cause to be | rosted a notice of such hearing in a conspicuous place an the property at which the proposed medical cannahis dispensary is to be operated, The applicant shall comply with any requirements regarding | the size and type of notice sj cified by the Director, The applicant shall maintain the notice av posted the required number of days. | SEC. 3207. ISSUANCE OF MEDICAL CANNABIS DISPENSARY PERMIT. | (a) Within 14 davs following a hearing, the Director shall either issue the permit or maila | written statement of his or her reasons for denial thereof to the applicant. ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS Page 47 | 11/57/2008 ineatthdphibeardiordinancieandiet2 dee |In recommending the granting or denving of such permit and in granting or denying the | same, the Director, shall give particular consideration to the capacity, capitalization, complaint histor} f the applicant and any other factors that in their discretion he or she deems necessary to the peace and order and welfare of the public (ci_No medical cannabis dispensary permit shall be issued if the Director finds: i (1) That the applicant has provided materially false documents or testimony: or 2) That the applicant has not complied fully with the provisions of this Article; or | (5) That the operation as proposed by the applicant, iLpenmited would not have complied with| all applicable laws, including, but not limited to, the Building, Planning, Housing, Police, Five, and | Health Codes of the City, including the provisions of this Article and regulations issued by the Director I | (4) That the permit applicant or any other person who will be engaged in the management of the medical cannabis dispensary has been convicted of a violent felony within State of California, i crime that would have constituted a violent felony if committed within the State of California. | However, the Director may issue a medical cannabis dispensary permit to any individual convicted of | such a crime if the Director finds that the conviction occurred at least five years prior to the date of the | permit application or more than three vears have passed from the date of the termination ofa penalty for such conviction to the date of the permit application and, that no subsequent felonv convictions of | any nature have occurred; or | (3) That a permit for the operation of a medical cannabis dispensary. which permit had been | issued to the applicant or to any other person who will be engaged in the management of the medical | cannabis dispensary, has been revoked, unless more than five vears have passed from the date of the revocation to the date of the application; or ( | | | suse BOARD OF SUPERVISORS. Page 48 sarv7re008 nthealthdphiboarcioninancicandis 12. de20 | 21 22 23 24) 25 | | (6)_ That the City has revoked a permit for the operation of a business in the City which permit | | ‘had been issued 1o the applicant or to any other person who will be engaged in the management of the | | medical cannabis dispensary unless more than five vears have passed from the date of the application to the date of the revocation. | (d@) The Director shall notifi the Police Department of all approved permit applications | (e)_ The permit shall contain the following language, "Issuance of this permit by the Citvand | County of San Francisco is not intended 10 and does not authorize the violation of State or Federal | law." | SEC. 3208. OPERATING REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARY. fa), Medic medical cannabis as is required pursuant to California Health and Safety Code Se 11362,7 et see | | for. the dispensing of | 2! | by this Article, and by the Director's administr | medical camabis dispens (b) Medical cannabis dispensaries shall be operated onlv as collectives or cooperatives in served by a medical cannabis dispensary shall be members of that medical cannabis dispensary's | accordance with California Health and Safety Code Section 1326.7 et sey. All patients or caregivers | | collective or cooperative. j (e) The medical cannabis dispensary shall receive only compensation for actual expenses, | including reasonable compensation incurred for services provided 1o qualified patients or primary | caregivers to enable that person to use or transport cannabis pursuant to California Health and Safety | Code Section 1362.7 et seq., or for payment for out-of pocket expenses incurred in providing those | services, or both. Sale of medical cannahis for excessive profits is explicitly prohibited_Each ‘rating thatitcemplies with the Supervisor Mickarimi BOARD OF SUPERVISORS, Page 49 | 1471772005, iheatinephiboardiorinancieandiet2.cee |19 20 at] 22 23 24 25 I Sg ere ete eee ar ue na aurr rr EP erurv et Once a year, commencing it 7, each medical cannabis shall I | tothe Departmenta written statement by the dispensary's permittee made under penalty of | perjury attesting to the dispensary’s compliance with this paragraph, {d)_ Medical cannabis dispensaries shall sell or distribute only cannabis manufactured and processed in the State of California that has not lefi the State before arriving at the dispensary. | jical cannabis | i | 11 is unlawful for any person or. of this 7 or decorum by any tumultuous, riotous or disorderly conduct, 0 lation operating a medical cannabis dispes of peace therein or any disturbance of public order otherwise, or to pi dispensary to remain open, or patrons to remain upon the premises, between the hours af 10 p.m. and 8 aim, the next day However, the Department shall issue permits to two medical conn dispensaries | ermitting them 10 remain open 24 hours per day. These medical cannabis dispensaries shall be i located in order to provide services to the population most in need of 24 hour access to medical | cannabis. These medical cannabis dispensaries shail be located at least one mile from each other and | shall be accessible by late night public transportation services, However. in no event shall_a | medical cannabis dispensaty located in a Small-Scale Neighborhood Commercial District_2 Moderate Scale Neighborhood Commersial District or a Neighborhood Commercial Shopping Center District_as defined in Sections 711, 712 and 713 of the Planning Code, be one ofthe {wo medical cannabis dispensaries permitted to remain open 24 hours per day. (Medical cannabis dispensaries may not dispense more than one pound ounce of dried | | cannabis per qualified patient to a qualified patient or primary caregiver per visit to the medical i Supervisor Mirkarini BOARD OF SUPERVISORS Page 50 14172005 riveathphboarorsnancearde 12.600RoRX BRR 25 cannabis dispensary. Medical cannabis dispensaries may not maintain more than ninety-nine (99) cannabis plants in up to 100 square feet of total garden canopy measured by the combined vegetative growth area. Medical cannabis dispensaries shall use medical carmabis identification, ensure compliance with this provision. Ifa qualified patient or a primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the quatified Patient or the primary caregiver may possess and the medical cann is dispensary mav dispense an amount of dried cannabis and maintain a number cannabis plants consistent with those needs, Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of cannabis under this section, (g)_No medical vay withie firdy (50) fe deemed guilty of an infraction and upon the convietion thereof shall be punished by a fine of $100. Medical cannabis dispensaries shall post a sign near their entrances and exits providing notice of this policy. (h)_Any cultivation of medical canmabis on the premises of a medical cannabis disp ensary must be conducted indoors. (i)_All sales and dispensing of medical canmabis shall be conducted on the premise medical cannabis dispensary, However, delivery of cannabis to quallified patients wit identification cards and primary caregivers with a valid identification card outside she premises of the medical cannabis dispensary is permitted if the person delivering the cannabis is a qualified patient with a valid identification card or a primary caregiver with a valid identification card who is a member ifthe medical cannabis dispensarv, (@)_The medical carnabis dispensary shall not hold or maintain a license from the State Department of Aleohol Beverage Control to sell alcoholic beverages, or operate a business that sells ‘Supervisor Mirkarimi BOARD OF SUPERVISORS. Page 51 44/1772008 | ‘mihealthidphibosraleroinancicands12.600| ! | 1 3 alcoholic beverages. Nor shall alcoholic beverages be consumed on the premises or on in the public right of way within fifty feed of a medical cannabis dispensary. (k)_In order to protect confidentiality, the medical cannabis dispensary shall maintain records ofall qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State or City pursuant to 28. | @_The medical cannabis dispensary shall provide liter removal services twice each day of | ifornia Health and Safety Code Section 11362.7 eq. and City Health Code. operation on and in front of the premises and, if necessary, on public sidewalks within hundred (100) | feet of the premises | (m)_The medical cannabis dispensary shall provide adequate security on the premises, including lighting and alarms ons and te protect the premises from theft. (al Signage for the medical cannabis dispensary shall he limited to one wall sign not to exceed ten square fe area, and one identifying sign not to exces nwo square feet in area: such signs shall | not be directly illuminated _Any wall sign. or the identifying sign if the medical cannabis j dispensary has no exterior wall sign. shall include the following language: "Only individuals | with legally recognized Medical Cannabis Identification Cards may obtain cannabis from | medical cannabis dispensaries." The required text shall be a minimum of 2 inches in height, | This requirement shall remain in effect so long as the system for distributing orassigning medical cannabis identification cards preserves the anonymity of the qualified patient or | primary caresiver | (0)_Allprint and electronic advertisements for medical cannabis dispensaries, including | but not limited to flyers. general advertising signs, and newspaper and magazine | advertisements, shall include the following language: "Only individuals with legally recognized Medical Cannabis Identification Cards may obtain cannabis from medical cannabis | | ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS Page 52 | swi73008 | resinitoedtornanscndsi2ce |a dispensaries." The required text shall be a minimum of 2 inches in height except in the case | of general advertising signs where it shali be a minimum of 6 inches in height. Oral | television advertisements, effect 2 ona as the evstem fr cistibutin or ass assigning medical cannabis identification cards | | reserves i 12 qualified patient or primé {6)(p)_The medical cannabis dispensary shall provide the Director, the chief of police and all neighbors located within fifty (50) feet of the establishment with the name, phone number and facsimile | number of an on-site community relations staff person to whom one can provide notice if there are operating problems associaied with the establishment, The medical cannabis dispensary shall make ad faith effort any, before courage neighbors | this per fo. Iry t0 solve operating pr any calls or complaints are made to the police department or other City officials, | | {P'Q)_Medical camabis dispensaries may sell or distribute cannabis only to members of the medical cannabis dispensary's colli collective or cooperative {a\{f)_Medical cannabis dispensaries may sell or distribute cannabis only to those members with a medical cannabis identification card, This requirement shall remain in effect so long as the system for distributing or assigning medi the qualified patient or primary caregiver i cannabis identification cards preserves the anonymity of 46)(8)_it shall be wnlawfi for any medical cannabis dispensary to employ any person who is not atleast 18 years of age. | {ey(t)_it shall be unlavfitl for any medical cannabis dispensary to allow any person who is not i least 18 years of age on the premises during hours of operation unless that person isa qualified patient with a valid identification card or primary caregiver with a valid identification card, | ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS Page $3 1171712005 rineatndpmivcartrcinanctcandis2 dee(8(u)_ Medical cannabis dispensaries that display or sell drug paraphernalia must do so in | compliance with California Health and Safety Code §§ 11 364.5 and 11364.7. } {u}(v)_ Medical cannabis dispensaries shall maintain all scales and weighing mechanisms on the premises in good working order. Scales and weighing mechanisms used by medical cannabis dispensaries are subject to inspection and certification by the Director. 4(W) Medical cannabis dispensaries that prepare, dispense or sell food must comply with and | are subject to the provisions of all relevant State and local laws regarding the preparation, distribution | (w)(x)_The medical cannabis dispensary shall meet any specific, additional operating | | ‘ocedures and measures as may be imposec conditions of approval by the Director 1ai che operation of the medical cannabis dispensary is consistent with protection of safety and welfare of the community, qualified patients and primary caregivers, and will not adversely | affect surrounding uses. | Y). Medical cannabis dispensaries shall comply withbe wheelchair accessible as required for new construction under Chapter 11B of the California Building Code as contained | within Title 24 of the California Code of Regulations. | I SEC. 3209, PROHIBITED OPERATIONS. | | | Allmedical camabis dispensaries operating in violation of California Health and Safety Code | Sections 11362.5 and 11326.7 et seg., or this Article are expressly prohibited No entity that | distributed medical cannabis prior to the enactment of this Article shall be deemed to have been a | legally established use under the provisions of this Article, and such use shall not be entitled to claim | legal nonconforming status for the purposes of permitting, Supervisor Mirkarimi BOARD OF SUPERVISORS. Page 54 11172008 iniheattndpniboarcrdinancieanis2 doe i23 | 24 25 SEC. 3210, DISPLAY OF PERMIT. Every permit to operate a medical cannabis dispensary shall be displayed in a conspicuous ace within the establishment so that the permit may be readily seen by individuals entering the premises | SEC. 3211. SALE OR TRANSFER OF PERMITS, | (a)_Upon sale, transfer or relocation of a medical cannabis dispensary, the permit and license | for the establishment shall be null and void unless another permit has been issued pursuant to this, Article; provided, however, that upon the death or incapacity of the permitiee, the medical cannabis ie dispensary may continue in business for six months for an orderly transfer of the permit th, I the permittee is a corpor cansfer of 25 percent of the stock ownership ofthe | permittee will be deemed to be a sale or transfe be null and void unless a permit has heen subsection shall not apply to a permittee corporation, the stock of which is listed on a stock ch sae in) this state or in the City of Now York, State of New York, or which is required by law to file periodic | reports with the Securities and Exchange Commission. | SEC. 3212, RULES AND REGULATIONS. i (@)_ The Director shall issue rules and regulations regarding the conduct of hearings concerning the denial, suspension or revocation of permits and the imposition of administrative \ penalties on medical cannabis dispensaries ) The Director may issue regulations governing the operation of medical camabis ] dispensaries. These regulasions shall include, but need not be limited to, ‘Supervisor Mirkarimi | BOARD OF SUPERVISORS, Page SS 111172008 healthisphiboarciordinanetcandiet2 doe15 i 16 | 17 18 19 aii 22 23 24 25 (1) A requirement that the operator provide patients and customers with information regarding’ those activities that are prohibited on the premis | Q) A requirement that the operator prohibit patrons from entering or remaining on the | premises if they are in possession of or are consuming alcoholic beverages, or are under the influence of alcohol, B)_A requirement that the operator require employees to use protective gloves when handling cannabis: ()_A description of the size and type of notice of hearing to be posted in a conspicuous place e number off on the property at which the proposed medical cannabis dispensary is to be operated and th days said notice shall remain posted, and | and that any person violating this. | conviction thereof shall be punished by a fine of $100. | c} Faiture hy an operator to do either of the following shall be grounds for suspension or | revocation of a medical cannabis dispensary permit: (1) comply with any regulation adopted by the Director under this Article, or (2) give free access to areas of the establishment to which patrons have caccess during the hours the establishment is open to the public, and at all other reasonable times, at the direction of the Director, or atthe direction of any City fire, planning, or building official or inspector for inspection with respect to the laws that they are responsible for enforcing. INSPECTION AND NOTICES OF VIOLATIO! ‘Supervisor Mickarimi j BOARD OF SUPERVISORS Page 56 | 449772008 niheathigphiboardornancieandst2.coe | |10 " 12 43 14 | 15 16 17 || 18) 19 |) 20 21 | 22 23 |) 24 25 (a)_The Director may inspect each medical cannabis dispensary regularly and based o1 complaints, but in no event fewer than two times annually, for the purpose of determining compliance with the provisions of this Article andlor the rules and regulations adopted pursuant to this Article. If | informal attempts by the Director to obtain compliance with the provisions of this Article fail, the Director may take the following steps: i (1)_The Director may send written notice of noncompliance with the provisi ns of thi the operator of the medical cannabis dispensary. The notice shall specify the steps thatt must be taken to bring the establishment imo compliance. The notis shall specify ihat the operator has 10 days in which to bring the establishment into compliance. G2) Ifthe Director inspector determines that the operator has corrected the problem and is in cle, the Director may so inform the operator. (3) ff the Director determines that t) i | | aperator failed to make the necessary changes in order. | to come into compliance with the provisions of this Article, the Direct: may issue a notice of violation, | | | administrative penalty, or take other enforcement action against a medical cannabis dispensary wil | it the Director has issued a notice of violation and provided the operator an opportunity to be heard and | respond as provided in Section 3216. { (0), The Director may not suspend or revoke a permit isswed pursuant to this Article, impose an (¢) If the Director concludes that announced inspections are inadequate to ascertain compliance with this Article (based on public complaints or other relevant circumstances), ihe Director \ may use other appropriate means to inspect the areas of the establishment to which patrons hae | access. If such additional inspection shows noncompliance, the Director may issue either a notice o} | noncompliance or a notice of violation, as the Director deems appropriate. I i (d)_ Every person to whom a permit shall have been granted pursuant to this Article shall post a | sign ina conspicums place inthe medical cannabis dispensary. The sign shall state that tts unlawf | | Supervisor Mirkarimi BOARD OF SUPERVISORS: Page ST | 111772008 | rihestnphiboarhrdrenccanst2cce |14) to-refise to permit an inspection by the Department of Public Health, or any City peace, fire, planning. or building official or inspector, conducted during the hours the establishment is open to the public and, cat all other reasonable times, of the areas of the establishment to which patrons have access. i (e)_Nothing in this Section shall limit or restrict the authority of a police officer to emer | -emises licensed or permitted under this Article (i) pursuant to a search warrant signed by a i magistrate and issued upon a showing of probable cause to believe that a crime has been commitied or | attempted, (it) without a warrant in the case of an emergency or other exigent circumstances, or (ili) as| art of any other tawfill entry in connection with a criminal investigation or enforcement action. | SEG, 3214. VIOLATIONS AND PENALTIES, i ary, dispensary operator of dispensary manager who that violates any provision of this Article or any rule or regulation adopted pursuant to this Article may, (a). Any person-who-oF disp after being provided notice id an opportunit 10 he heard, be subject 10 an administrative penalty not | to exceed $1,001 br th fst violation ofa provision or regulation ina. 12-manth period, $2.50) for the) second violation of the same provision or regulation in a 12-month period. and $3,000 for the third and| subsequent violations of the same provision or regulation in a 12-month period. | b)_The Director may no impose an administrative penalty or take other enforcement action under this Article against a medical cannabis dispensary until the Director has issued a notice of | violation and provided the operator an opportunity to be heard and respond as provided in Section | 3216, (c) Nothing herein shall prohibit the District Attorney from exercising the sole discretion vested] in that officer by law to charge an operator, employee. or any other person associated witha medical cannabis dispensary with violating this or any other local or state law. ‘Supervisor Mirkarimi j BOARD OF SUPERVISORS Page 58 1111772008 rheatthidpnbosrarainancicandist2.doe‘SEC. 3215. REVOCATION AND SUSPENSION OF PERMIT. (a) Any permit issued for a medical cannabis dispensary may be revoked, or suspended for up to 30 days, by the Director if the Director determines that, (L_the manager, operator or any employee has violated any provision of this Artick any regulation issued pursuant to this Article; (2) the permittee has engaged in any condi Lin ection with the operation of the cannabis dispensary that violates any State or local laws, or any employee of the permittee has engaged in anv conduct that violates any State or local laws at permittee's medical cannabis dispensary, and the permittee had or should have had actual or constructive knowledge by due diligence that the illegal conduct was occurring: as engaged in any mate (4), the medical cannabis dispensary is being managed. conducted, or maintained without regard for the public heal health of patrons, (3) the manager, operator or any employee has refused to allow any duly authorized City official to inspect the premises or the operations of the medical cannabis dispensary (6) based on a determination by another City department, including the Department of Buildin, Inspections, the Fire Department, the Police Department, and the Planning Department, that the medical carmabis dispensary is not in compliance with the laws under the jurisdiction of the department. (b) The Director may not suspend or revoke a permit issued pursuant to this Article or take her enforcement action against a medical cannabis dispensary until the Director has issued a netice of violation and provided the operator an opportunity 1o be heard and respond as provided in Section 3216. Supervisor Mirkarimi BOARD OF SUPERVISORS Page 59 41419772008 -nNnealthdphiboartoranancteandis12 coefc) Notwithstanding paragraph (b), the Director may suspend summarily any medical cannabis dispensary permit issued under this Article pending a noticed hearing on revocation or suspension | when in the opinion of the Director the public health or safety requires such summary suspension. Any affected permittee shall be given notice of such summary suspension in writing delivered (0 said permittee in person or by registered letter. (d@)_M.a permit is revoked. no application for a medical cannabis dispensary may be submitted by the same person for three years. SEC. 3216. NOTICE AND HEARING FOR ADMINISTRATIVE PENALTY AND/OR I REVOCATION OR SUSPENSION. ris disp is op le andlor the rules and regulations adopted pursuant to this Article he or she shall notice of violation to the operator of the medical cannabis ai ) The notice of violation shall include a copy of this Section and the rules and regulations | lispensary. ‘adopted pursuant to this dvicle regarding the conduct of hearings concerning the denial, suspension ot revocation of permits and the imposition of administrative penalties on medical cannabis dispensaries. The notice of violation shall include a statement of any informal attempts by the Director to obtain compliance with the provisions ofthis Article pursuant 1o Section 3213{a). The notice of violation shall inform the operator that: | (The Director has made an initial determination that the medical cannabis dispensary is aperating in violation ofthis Article and/or the rules and regulations adopted pursuant to this Article and 2) The alleged acts or failures to act that constinute the basis for the Director's initial i determination; and ‘Supervisor Mikami BOARD OF SUPERVISORS Page 60 1971772005 theatthpniboardorinanetcandis dec |(3) That the Director intends to take enforcement action against the operator. anid the nature of ‘that action including the administrative penalty to he imposed. ifany, and/or the suspension on revocation of the operator's permit; and | (4) That the operator has the right to request a hearing before the Director within fifteen (15) | days of receipt of the notice of violation in order to allow the operator an opportunity to show that the | medical cannabis dispensary is operating in compliance with this Article and/or the rules and | regulations adopted pursuant to this Article, | (c)_Ifno request for a hearing is filed with the Director within the appropriate period. the | initial determination shall be deemed final and shall be effective fifieen (15) davs after the notice of initial determinat was served on the alleged violator. The Director shall issue an Order imposing the, enforcemey the notice of init id serve it upon the party serv | det Payment of any administrative penalty is due within 30 days of service of the Director's Order_Any administrative penalty assessed and received in an action brought under this Article shall be paid to f the City and County of San Franci administrative penalty is imposed also shall be liable for the costs and attorney's fees incurred by the the Treas. o_ The alleged violator against whom an City in bringing any civil action to enforce the provisions of this section, incluling obtaining a court | j | | order requiring payment of the administrative penal | (d)_If the alleged violator files a timely request for a hearing, within fifien (15) days of receipt ofthe request, the Director shall notify the requestor of the date, time, and place of the hearing, The | Director shall make available all documentary evidence against the medical cannabis dispensary no I later than fifteen (15) days prior to the hearing. Such hearing shall be held no later than forty-five (45) | days afier the Director receives the request, unless time is extended by mutual agreement of the afjected| partis | Supervisor Mirkarimi BOARD OF SUPERVISORS Page 61 +1/17/2005 Nheathidphibosrclersinaneleancie12 doc1 (e) At the hearing, the medical cannabis dispensary shall be provided an opportunity to refute all evidence against it, The Director shal! conduct the hearing. The hearing shall be conducted pursuant to rules and regulations adopted by the Director. OwWi in twenty (20) davs of the conclusion of the hearing, the Director shall s ve written notice of the Director's decision on the alleged violator. If the Director's decision is that the alleged ust pay an administr ve penalty, th af decision (10) days in. which to pay the penalty. Any administrative penalty assessed and ret y_The alleged violator against le for the ie provision whom an administrative penalty is imposed als 6 7 8 | brouglu under this Article shall be paid ws the Treasurer of the Ci 9 0 mn including 14 istrative percliy 12 13 ; [PPEALS TO BOARD OF APPEALS. | 14], fa Right vf Appel, The fi sion of the Director to gran us | 15.) permit, or ta impose administrative sanctions, as provided in this Article, mas: be appealed to the Board | 16 || of Appeals inst 1 prescribed in Article Lof d nd Tax Regulations 47 | Code. An appeal shall stay the action of the Director. | 18 |, (b) Hearing. The procedure and requirements governing an appeal to the Board of Appeals | 19 | shall be as specified in Article Lof the S Bus Fran rd Tare Regula SEC, 3218. BUSINESS LICENSE AND BUSINESS REGISTRATION CERTIFICATE, icense tron 23 || City in compliance with 24 || ‘Supervisor Mirkarimi | | BOARD OF SUPERVISORS Page 62 1111772008 nheathphiboardiordinancicandie1Z ae24 | 25 (b) Every medical cannabis dispensary shall be required 10 obtain a business registration | -ertificate from the City in compliance with Article 12 of the Business and Tax Regulations Code, | SEC. 3219. DISCLAIMERS AND LIABILITY. By regulating medical cannabis dispensaries, the City and County of San Francisco is assuming an-undertaking only to promote the general welfare-It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which iti Liable in money damages to any person | who claims that such breach proximately caused injury To the fullest extent permitted by lave the City shall assume no lability whatsoever, and expressly does not waive sovereign immunity, with respect 10. the permitting and licensing provisions of this Article, or for the activites of amv medical cannabis | othe fi under the provisions of this Article shall not become a personal liability of any public officer or | ste unt permitted by law, any ae 1.4 public officer or emplovee emplovee of the City, ris Article (the "Medical Cannabis Act") does not auth ‘ize the violation of SEC. 3220. SEVERABILITY. | [any provision of this Article or the application of any such provision fo any person or circumstance, shall be held invalid, the remainder of this Article, to the extont it can he given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid. shall not be affected thereby, and to this end the provisions of this Article are severable, ‘SEC. 3221, ANNUAL REPORT BY DIRECTOR, | (a) Once a year, commencing in January 2007, the Director shall make_a report to the Board of Supervisors that: ‘Supervisor Mirkarimi BOARD OF SUPERVISORS. Page 63 197972005 ningalthepniboarsiodinaneicandies2. coe1) sets forth the number ang location of medical cannabis dispensaries currently permitted and operating in the City (2) sets forth an estimate of the number of medi the City: Gy provides an analysis of the adequacy of the currently permitted and operating medical cannabis dispensaries in the City in meeting the medical needs of patients; Section 5. The San Francisco Traffic Code is hereby amended by amending Sections 83 and 122, to read as follows: SEC. 53, DOUBLE PARKING. A vehicle parked in violation of Section 22500 (h) of the Vehicle Code of the State of California by being stopped, parked, or left standing on the readway side of eny vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unioad pupils in a business or residence district where the speed limit is 25 miles per hour or less, shall be cited by the appropriate authority as a violation of the statute. Any person violating Section 22500(h) shall be deemed guilty of an infraction and upon the conviction thereof shall be punished by a fine of not less than $0 nor more than $100 {a) No person shall stop, park, or leave standing any vehicle such that any portion of the vehicle is within a Municipal Railway bus route on restricted streets. The restricted streets Supervisor Mikari BOARD OF SUPERVISORS Page 64 111712008 nithealthenibcarsloinaneieandiet2 ace | cannabis patients currently active in |are Chestnut Street, Union Street, Clay Street, Stockton Street, Mission Street, Geary Street, Polk Street, Sacramento Street, Clement Street, Fillmore Street, Haight Street, Irving Street, Sth Avenue, 16th Street, and 24th Street. No person shall stop, park, or leave standing in any | portion of a Municipal Railway bus route on such street his or her vehicle between the hours of 6:00 a.m. to 9:00 a.m. and from 4:00 p.m. te 7.00 p.m. Any person violating this Section | shall be subject to a fine of $100.00. The Department of Parking and Traffic shall install signs and otherwise alert motorists where and when this prohibition shall take effect and the applicable fine. This section shall not apply to vehicles engaged in emergency services | including, but not limited to, fire engines, police vehicles, ambulances, or public utility vehicles while such vehicles are operating, maintaining, or repairing facilities of the public utility or are_| being used i connection with providing public utility service | he rsgn shull stop. par, we standing any vehicl such that any portion of the irked, or ding in front of a legally permitted medical cann violation of California Vehicle Code section 22500(h).. Any person violating this sub-section shall be yn shall not apply t0 v agaged in emera¢ engines, police vehicles, ambulances. or public utility vehicles while erating, maintaining, or repa g facilities of the public witty or are being used in connection: with providing SEC. 132. PENALTY SCHEDULE. Pursuant to California Vehicle Code Section 40203.5, violation of any of the following subsections of the San Francisco Traffic Code (TC), Police Code (PC) or the California Vehicle Code (VC) shall be punishable by the fines set forth below. Supervisor Mirkarimi BOARD OF SUPERVISORS Page 65 1111772008 nihealthehboardiordinancicandis'2 doePCO7A PC710.2 PC3703A, PC3703B PC3704A, Te214 TC21.2 TC21.3 C27 TC31.2 TO32A.1 TC32A.2 TC32B 0320.1 TC32C.2 7032.1 7032.14 7032.12 1C32.1.3 1032.14 TC032.1.5 1032.1.6 TC032.1.7 7C32.1.8 ‘Supervisor Mirkarimi Occupy Camper ete. For Sale Sign Car Alarm / Emerg Car Alarm 15 Min Alarm Time 45 Min Remove Chalk ‘st Remove Chalk 2nd Remove Chalk 3rd MC Parking Zone Cable Car Lanes Towaway Zone--Dawntown ‘Towaway Zone-Other areas Prohib Parking Overtime Parking-Downtown Overtime Parking~-Other Areas City Hall Permit Main Library Libraries Social Services Housing Authority Muni Rwy Terminals Prk Ctrl / Castro Prk Ctrl / SFUSD Prop Prk Ctrl/ Plum Street BOARD OF SUPERVISORS $100.00 $50.00 $65.00 $65.00 $50.00 $50.00 $75.00 $100.00, $75.00 $50.00 $60.00 $60.00 $60.00 $50.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 Page 66 swr7005 ntheathidphboarstordinencieandiet2.coe15) 16 17 18 19 20 | 21 | 22 23 24 25 1032.19 7C32.1.10 732.1.11 TC32.2 TC32.2.1 1032.2.2 7C32.2.3 732.3 32.3.1 TC32.4 1032.4 2A 1C32.4.2B TC32.5 TC32.6 TC32.10 TC32.12 32.13 TC32.14 TC32.21A, TC33C TC33.1 TC33.3, 7C33.3.1 TC33,3.2 TC33.5 ‘Supervisor Mirkarimi Prk Ctrl / PUC Prop Prk Ctrl / Wash / Jack Prk Ctrl / DPW Prop Prk Ctrl / SF General Health Center No. 1 Sunset / Richmnd HC NE Dist Health Center Laguna Honda Hospital Prk Ctrl / DPH Grove St Candlestick Access Rd Fire Lane / Candlestick Pkg / Candlestick Youth Guid Center Prk Regs / Various Off Street Parking Off St Overtime Off St Parallel / Diag Off St / Marked Space Block Charging Bay Temp Park Restriction Temp Constr Zone Spee Truck Zone Heavy Truck Zone Market / Bay Truck Zone School Bus Zone BOARD OF SUPERVISORS $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $35.00 $35.00 $100.00 $40.00 $40.00 $60.00 $60.00 $60.00 $75.00 Page 67 +1/9712008 iheatthidon\boardierdinancleandi@’? dooTC37A TC37C TC38A TC38B TC38B.1 TC38C TC38D TC38K TC38N TC39B TC50 TC53A TC55 TC56 TC58A TC58C TC6O TC60.5 Tce1 TC83 TC63A TC63.2 TC84 TC65 Supervisor Mirkarimi Parking Over 72 Hr Street Cleaning Red Zone Yel Zone / Metro Dist. Yel Zn Outside Metro White Zone Green Zone Blue Zone Block Bike Lane Taxicab Zone Interference / Sign Dbi Prking Rstrict St Dbl Prking Med. Cann. Dispens. Angled Parking Median Dividers Block Wheels Not Within Space Bus / Close to Curb Engine Idle Parked 100 Feet Oversize Com Veh / Prk Limited Com Veh / Prk Restricted Veh Hire / Prk Restricted Shift Parked Vehicle Repairing Vehicle BOARD OF SUPERVISORS $75.00 $40.00 $75.00 $60.00 $60.00 $75.00 $50.00 $275.00 $100.00 $60.00 $35.00 $106.00 $100.00 $35.00 $50.00 $35.00 $35.00 $35.00 $100.00 $50.00 $100.00 $100.00 $100.00 $50.00 $55.00 Page 68 swt7r2008 nihealth\dphiboardiodinancicandist2 doeTc6s Tour Bus Loading TC69 Key in Unattend Veh Te70 Improperly Parked tev Parked Near RR Track TC71B Obst Flow of Traffic TC202 Prk Meter 1202.1 Prk Meter Downtown e219 Parking Meter M/C TC315A Residential Permit Area TC315C Unauth Permit vic4462B Imp Regis. / Plates vca4e4 Altered Plates vcs5201 Plates / Mounting VC5201HF Plate Cover vcs202 Period of Display VC5204A Tabs VC21113A School / Pub Ground ve21211A Bicycle Path / Lanes VC22500A Parking in Intersection vc22500B Parking / Crosswalk vic22500C Safety Zone vc22500D 15 ft Fire Station ve22500E Driveway VC22500F On Sidewalk vc225006 Excavation ‘Supervisor Mirkarimi BOARD OF SUPERVISORS $100.00 $35.00 $35.00 $35.00 $35.00 $40.00 $50.00 $75.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $45.00 $50.00 $75.00 $75.00 $75.00 $75.00 $75.00 $100.00 $35.00 Page 69 s4/1772008 thestinephivoardionancieandist2 doe\VC22500H vC225001 VC225005 VC22500K VC22500L vc22500.1 VC22502A vc225028 VC22502E VC22504A vC22505B VC22507.8A VC22507.8B VC22507.8C VC22511.56B VC22511.56C VC22511.57 VC22514 VC22515A VC22515B VC22516 vc21718 vc22621 vc22522 VC22523A ‘Supervisor Mirkarimi Double Parking Bus Zone Tube or Tunnel Bridge Wheelchair Access Parking in Fire Lane Over 18 in from Curb Wrong Way Parking One-Way Road / Pkg Unincorp. Area Prkg Signs Disabled Parking Disabled Parking Disabled Parking Misuse of Placard Confiscation of Placard Lost, Stolen Placard Fire Hydrant Unattended Motor Vehicle Unattended Vehicle Locked Vehicle Stop / Freeway RR Tracks W/3 ft Handicap Ramp ‘Abandoned Vehicle / Highway BOARD OF SUPERVISORS $65.00 $250.00 $35.00 $35.00 $250.00 $50.00 $35.00 $35.00 $35.00 $35.00 $35.00 $250.00 $250.00 $250.00 $500.00 $500.00 $500.00 $75.00 $60.00 $60.00 $45.00 $36.00 $65.00 $275.00 $200.00 Page 70 101772008 heatilephiboardiordinancicandiat2. doeVC22523B Abandoned Vehicle / Public or Priv. $200.00 | Prop ViC22526A Blocking Intersection $75.00 | VC22526B Blocking Intersection While Turning $100.00 VC23333 Park / Veh Crossing $60.00 Section 6. The San Francisco Business and Tax Regulation Code is hereby amended | by amending Section 1, and by adding Sections 1.177 and 249.17, to read as follows: SEC. 1. DESIGNATING DEPARTMENTS FOR ISSUANCE OF PERMITS, i Permits shall be issued for the location and conduct of the businesses, enterprises or | activities, enumerated hereinafter in Sections 1.1 to 4-6 /.77, inclusive, by the department or inclusive, and Section 2 of this Article to issue | office authorized by Sections 1.1 to +76 1.7. each such class of permit, and subject to the approval of other departments and offices of the | City and County, where specifically designated in any such case; provided that permit or license fees as required by ordinance shall be collected by the Tax Collector as provided in Section 3 of this Article. ‘SEC. 1.77. MEDICAL CANNABIS DISPENSARIES, For the establishment, maintenance and operation of medical cannabis dispensaries - by the Department of Public Health. SEG.-24947-MEDICAL CANNABIS DISPENSARY LICENSE FEE, Every person--firm or corporat -in-operati .edicat dispensary shatoay wali fos of $2482.00 to the T: Hector to- the-costs of. , inspections, enforcement. and -cther-costs-to-the City. ‘Supervisor Mirkarimi BOARD OF SUPERVISORS. Page 71 "7/2008 rheatthlaphiboardlaxdnancicandist2 doc20 | 21] 22 23 24 25 || Section 7, Promotion of the General Welfare. By regulating medical cannabis | dispensaries, the City and County of San Francisco is assuming an undertaking only to | promote the general welfare. It is not assuming, nor is it imposing on its officers and i employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. To the fullest extent permitted by law, the | City shall assume no liability whatsoever, and expressly does not waive sovereign immunity, | with respect to the permitting and licensing provisions of this Article, or for the activities of any i medical cannabis dispensary. To the fullest extent permitted by law, any actions taken by a Public officer or employee under the provisions of this Article shall not become a personal liability of any public officer or employee of the City. This ordinance does not authorize the | violation of state or federal law. Section 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or | unconstitutionaity shall not affect other provisions or applications or this ordinance which can | be given effect without the invalid or unconstitutional provision or application. To this end, the | provisions of this ordinance shall be deemed severable. APPROVED AS TO FORM DENNIS J. HERRERA, City Attorney | By: Supervisor Mirkarimi BOARD OF SUPERVISORS Page 72 ss772008 | rihestinephiboardiowinancicandiet2. dee. |& Sear, City and County of San Franeiseo 1v.can' Space San Francisco, CA. 4102-4689 Tails Ordinance —s File Number: 051250 Date Passed: Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 728, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 880.133, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house, and residential-mixed zoning districts, industrial districts, and certain mixed use districts; prohibit new medical cannabis dispensaries in neighborhood commercial cluster (NC-1) districts; permit dispensaries elsewhere Subject to restrictions based on a cispensarys proximity to schools, community centers, and facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; require adequate ventilation in dispensaries; prohibit the sale or distrioution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require the Planning Commission to hold a discretionary review hearing on each medical cannabis dispensary application; require dispensaries operating as of April 1, 2005 to obtain a permit within 18 months of the effective dato of this legislation or cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; require dispensaries seeking to begin operations after the effective date of this legislation to obtain a permit; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 401.1 and the General Plan; ‘Amending the San Francisco Health Code by adding Sections 3200 through 3221, to: set medical cannabis possession guidelines; require a pormit, business license, and business registration Cerificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries including signage and advertising requirements; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations; ‘Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and, ‘Amending the San Francisco Business and Tax Regulations Code by amending Section 1, to add Section 1.177, to authorize the Department of Heatth to issue medical cannabis dispensary permits. September 27, 2005 Board of Supervisors — SUBSTITUTED October 18, 2005 Board of Supervisors — AMENDED, AN AMENDMENT OF THE WHOLE, BEARING NEW TITLE Ayes: [1 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval October 18, 2005 Board of Supervisors — CONTINUED Ayes: 6 - Alioto-Pier, Daly, Elsbernd, Ma, Maxwell, Sandoval Noes: 5 - Ammiano, Dufty, McGoldrick, Mirkarimi, Peskin (City end County of San Prancisco 7 Printed at 218 PM on TITSOctober 25, 2005 Board of Supervisors — CONTINUED ‘Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Blsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval November 15, 2005 Board of Supervisors — PASSED ON FIRST READING AS AMENDED Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Ma, Maxwell, MeGoldrick, Mirkarimi, Peskin Absent: I - Sandoval Excused: | - Elsbernd November 15, 2005 Board of Supervisors — AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: 1 - Sandoval Excused: | - Elsbernd November 15,2005. Board of Supervisors — PASSED ON FIRST READING AS AMENDED. Ayes: 9 - Alioto-Pier, Ammiano, Daly, Dufty, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin Absent: J - Sandoval Excused: | - Elsbernd November 2005. Board of Supervisors — FINALLY PASSED. Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval File No. 051250 ity and County of San Francisco 2 Prine at 2-18 PM om 11722405 Tails ReportFile No. 051250 I hereby certify that the foregoing Ordinance was FINALLY PASSED on November 22, 2005 by the Board of Supervisors of the City and County of San Francisco. Mayor Gavin Newsom File No. 051250 (Cty and Conny of San Franciaco 7 Printed of 18 PM on TITUS Tails Report