Chapter 4.07 — CANNABIS ACTIVITY

[9-21-2022 by Ord. 1782]

The purpose of this Chapter is to establish specific standards for commercial cannabis activities to ensure that cannabis retailers are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

[9-21-2022 by Ord. 1782]

The technical terms and phrases used in this Chapter are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code and Article 7 (Definitions) of this Code.

[9-21-2022 by Ord. 1782]

Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer businesses are permitted land uses in the following zones subject to the location requirements set forth in this Chapter:

• A. All Mixed-Use zones (as specified in Article 2 (Zone Regulations));

• B. The Regional Commercial zone (as specified in Article 2 (Zone Regulations)); and

• C. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

[9-21-2022 by Ord. 1782]

A Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer shall be located consistent with the following standards:

• A. Located a minimum of 600 feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code, Section 123.32(B)(2).

• B. Located a minimum of 250 feet from any church located in a residential zone that is in existence at the time the Cannabis Business Permit is issued.

[9-21-2022 by Ord. 1782]

In order to operate in the areas set forth in Section 4.07.04 , a Cannabis Storefront Retailer and a Cannabis Non-Storefront Retailer must obtain and maintain at all times the following permits and licenses:

• A. A valid Cannabis Business Permit as required by Chapter 123 (Cannabis Business Activities) of the Indio Municipal Code;

• B. A valid business license from the City; and

• C. A valid State of California Seller's Permit.

[9-21-2022 by Ord. 1782]

Notwithstanding Sections 4.07.01 through 4.07.05 , engaging in the indoor personal cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by California Health and Safety Code, Sections 11362.1 and 11362.2 , as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited.