Title 7 BUSINESS LICENSES
Chapter 7.55 MEDICAL MARIJUANA DISPENSARIES
Part 1 GENERAL PROVISIONS
7.55.010 Definitions.
7.55.020 License required.
7.55.030 Severability.
Part 2 LICENSING PROCEDURES
Article 1 MEDICAL MARIJUANA DISPENSARIES
7.55.040 Licensing--Hearing on application required.
7.55.050 Prerequisites to issuance of license.
7.55.060 License nontransferable.
7.55.070 License--Requirements for posting.
Article 2 MEDICAL MARIJUANA DISPENSARY MANAGERS
7.55.080 Manager’s license--Information required on application.
7.55.090 License nontransferable.
7.55.100 License--Requirements for posting.
Article 3 LIABILITY INSURANCE REQUIRED
7.55.110 Liability insurance--Requirements for medical marijuana dispensary license.
Article 4 LICENSE REVOCATION
7.55.120 License--Permitted revocation.
7.55.130 License--Mandatory revocation.
7.55.140 Restrictions on licensing after revocation.
Part 1 GENERAL PROVISIONS
7.55.010 Definitions.
A. For the purposes of this chapter, the words and phrases set
forth are defined and shall be construed as hereafter set out, unless it is
apparent from the context than any such word or phrase has a different
meaning.
B. Whenever any word or phrase used in this chapter is not defined
herein but is defined in state law or regulation or in another section of the
Los Angeles County Code, the definition set forth in such state law or
regulation or such other section of the Los Angeles County Code is incorporated
in this chapter as though set forth herein in full, and shall apply to such word
and phrase used by not defined herein.
C. “County” means the
County of Los Angeles.
D. “Existing owner” means an owner of a
medical marijuana dispensary operating on the effective date of this
ordinance.
E. “Manager” means the owner or other person
designated by the owner to be the owner’s on-site representative in a
medical marijuana dispensary, who shall comply with the provisions set forth in
Article 1 of this chapter.
F. “Medical marijuana dispensary”
means any facility or location as defined in section 22.08.130 M of this
code.
G. “Owner” or “operator” means the person,
persons or legal entity having legal ownership of a business operating as a
medical marijuana dispensary. Any reference in this chapter to
“owning” means having existing owner status. (Ord. 2006-0036 §
3 (part), 2006.)
7.55.020 License required.
A. Except as provided in B, below, every medical marijuana
dispensary shall have a license provided for in Part 2 of this chapter. No
person shall own or operate any medical marijuana dispensary at any location
until a license has been procured pursuant to Part 2 of this chapter, and
payment of an annual fee has been made therefore in accordance with section
7.14.010, under the appropriate heading.
B. Every existing owner of a
medical marijuana dispensary shall comply with the licensing requirements of A,
above, within 12 months of the effective date of this ordinance.
C. Every
person employed as a manager of a medical marijuana dispensary shall first
procure a license provided for in this chapter and pay an annual license fee in
the amount set forth in section 7.14.010, under the appropriate heading. (Ord.
2006-0036 § 3 (part), 2006.)
7.55.030 Severability.
If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the remainder of the chapter or the
application of such provision to other persons or circumstances shall not be
affected thereby. (Ord. 2006-0036 § 3 (part), 2006.)
Part 2 LICENSING PROCEDURES
Article 1 MEDICAL MARIJUANA DISPENSARIES
7.55.040 Licensing--Hearing on application required.
The business license commission shall hold a public hearing on
every application for a license required by section 7.55.020 A or B and shall
give notice of such hearing as required by sections 7.10.100, 7.10.110, 7.10.120
and 7.10.130. (Ord. 2006-0036 § 3 (part), 2006.)
7.55.050 Prerequisites to issuance of license.
A. A license shall not be granted or issued pursuant to this
article unless the application has obtained a conditional use permit, if one is
required, by Title 22 of the code.
B. Each application form shall include a
warning and disclaimer that shall include the following:
1. A warning that
dispensary operators, managers and their employees may be subject to prosecution
under federal law; and
2. A disclaimer that the county will not accept any
legal responsibility or liability in connection with any approval of any license
application and/or subsequent operation of any dispensary. (Ord. 2006-0036
§ 3 (part), 2006.)
7.55.060 License nontransferable.
Any license issued pursuant to this article shall be valid only for
the medical marijuana dispensary which is the subject of the license and is not
transferable to any other owner or location. (Ord. 2006-0036 § 3 (part),
2006.)
7.55.070 License--Requirements for posting.
Any license issued pursuant to this article must be posted and
exhibited at all times in an area that is visible to the public and clients of
any medical marijuana dispensary. (Ord. 2006-0036 § 3 (part),
2006.)
Article 2 MEDICAL MARIJUANA DISPENSARY MANAGERS
7.55.080 Manager’s license--Information required on application.
In addition to the requirements of section 7.06.020, an applicant for
licensing as a manager of a medical marijuana dispensary shall also
show:
A. All residential addresses for the five (5) years immediately
preceding the date of application;
B. The name and address of the medical
marijuana dispensary where the applicant intends to be employed and written
proof of an offer of such employment;
C. Written statements of reference
from at least three persons who have known the applicant for at least one
year;
D. Written proof that the applicant is over the age of 18
years;
E. Applicant’s height, weight and color of eyes and
hair;
F. Two portrait photographs at least two inches by two inches taken
within 60 days of the date of the application;
G. Business, occupation or
employment history of the applicant for the five (5) years immediately preceding
the date of the application;
H. The license history of the applicant,
including but not limited to whether the applicant has had a license for any
business or similar activity by this or any other county, by any city, or by the
state revoked or suspended, and, if so, the reason or reasons therefor, and the
business activity or occupation subsequent to such action or suspension or
revocation;
I. All convictions, except for minor traffic violations, and the
reasons therefor;
J. Such other identification and information determined
necessary to discover the truth of the matters hereinabove specified as required
to be set forth in the application; and
K. Each application form shall
include a warning and disclaimer that shall include the following:
1. A
warning that dispensary operators, managers and their employees may be subject
to prosecution under federal law; and
2. A disclaimer that the county will
not accept any legal responsibility or liability in connection with any approval
of any license application and/or subsequent operation of any
dispensary.
Each applicant acknowledges that the sheriff has the right to
take fingerprints and additional photographs of the applicant and to confirm the
height or weight of the applicant. (Ord. 2006-0036 § 3 (part),
2006.)
7.55.090 License nontransferable.
Any license issued pursuant to this article shall be valid only for
use by the manager at the medical marijuana dispensary which is identified as
the employer of the applicant and is not transferable to any other manager or
for use at any other medical marijuana dispensary. (Ord. 2006-0036 § 3
(part), 2006.)
7.55.100 License--Requirements for posting.
Any license issued pursuant to this article must be posted and
exhibited at all times in an area that is visible to the public and clients of
any medical marijuana dispensary. (Ord. 2006-0036 § 3 (part),
2006.)
Article 3 LIABILITY INSURANCE REQUIRED
7.55.110 Liability insurance--Requirements for medical marijuana dispensary license.
A. No license shall be issued or renewed under article 1 of this
part unless the licensee carries and maintains in full force and effect a policy
of insurance which meets or exceeds the requirements of this section, in a form
approved by the County of Los Angeles and executed by a licensed insurance
broker or agent. The policy of insurance shall insure the license against
liability for damage to property and for injury to or death of any person as a
result of activities conducted or occurring at the medical marijuana dispensary.
The minimum liability limits shall not be less than $1,000,000 for each incident
of damage to property or incident of injury to or death of a person, with a
general aggregate limit of not less than $2,000,000. The policy shall name the
County of Los Angeles as an additional insured.
B. The policy of insurance
shall contain an endorsement providing that said policy shall not be canceled
until notice in writing has been given to the office of the Treasurer and Tax
Collector at least 30 days prior to the time the cancellation becomes
effective.
C. If at any time the licensee’s policy of insurance
expires or is canceled, the license issued or renewed pursuant to Article 1 of
this part will automatically be suspended, or revoked, pursuant to sections
7.08.240 and 7.08.250 of this code. (Ord. 2006-0036 § 3 (part),
2006.)
Article 4 LICENSE REVOCATION
7.55.120 License--Permitted revocation.
The business license commission may revoke any license issued
pursuant to this chapter upon a finding, based on a preponderance of the
evidence, under the provisions of this title, that the licensee has violated any
provision of Title 7 of the Los Angeles County Code. (Ord. 2006-0036 § 3
(part), 2006.)
7.55.130 License--Mandatory revocation.
Notwithstanding any other provision of this Code, the commission
shall revoke any license issued pursuant to this article upon finding, based
upon a preponderance of the evidence, that the licensee has violated any
provision of Title 7 of the Los Angeles County Code on two separate occasions
within a 12-month period. (Ord. 2006-0036 § 3 (part), 2006.)
7.55.140 Restrictions on licensing after revocation.
Whenever a license has been revoked pursuant to section 7.55.120 or
7.55.130, the former licensee, whether a person, partnership or corporation,
shall not be eligible to apply for a new license for a period of one year from
the effective date of such revocation. No application for a license provided for
under Article 1 of this part shall be accepted or processed for any business
that has had such a license revoked pursuant to this article within the
preceding one-year period. (Ord. 2006-0036 § 3 (part), 2006.)
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