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.)