San Francisco County Municipal Code Art. 16 Regulation of Cannabis

Sec. 1600. Findings and Purpose. Sec. 1601. Administration and Enforcement. Sec. 1602. Definitions. Sec. 1603. Permits Required. Sec. 1604. Equity Program. Sec. 1605. Transition Provision. Sec. 1606. Applications for Cannabis Business Permits. Sec. 1607. Cannabis Business Permits. Sec. 1608. Transfer of Permit; Portability of Permit; Sale of Cannabis Business; Change in Ownership; Interim Cannabis Business Permits. Sec. 1609. Permit Applications. Sec. 1610. Withdrawal of Application. Sec. 1611. Permittee’s Responsibility for Acts of Employees and Agents. Sec. 1612. Incorporation of Requirements of Local Approvals. Sec. 1613. Limits on Permits. Sec. 1614. Referral of Application to Departments and Agencies. Sec. 1615. Issuance and Denial of Cannabis Business Permits. Sec. 1616. Payment of Annual License Fee. Sec. 1617. Compliance with Permit Conditions. Sec. 1618. Eligibility and Operating Standards Applicable to All Cannabis Businesses. Sec. 1619. Prohibition on Entry by and Sales to Underage Persons; Prohibition on Misleading Business Names. Sec. 1620. Consumption of Cannabis and Cannabis Products on the Premises of Cannabis Businesses. Sec. 1621. Tours. Sec. 1621.5. Events. Sec. 1622. Deliveries of Cannabis and Cannabis Products to Customers. Sec. 1623. Cannabis Cultivation Facilities. Sec. 1624. Cannabis Manufacturing Facilities. Sec. 1625. Cannabis Testing Facilities. Sec. 1626. Cannabis Distributors. Sec. 1627. Cannabis Microbusinesses. Sec. 1628. Storefront Cannabis Retailers. Sec. 1628.5. Cannabis Cafés. Sec. 1629. Delivery-Only Cannabis Retailers. Sec. 1630. Inspections. Sec. 1631. Notice of Violation; Hearing and Appeal. Sec. 1632. Administrative Penalties and Enforcement Costs. Sec. 1633. Permit Suspensions and Revocations. Sec. 1634. Additional Administrative Enforcement Orders. Sec. 1635. Nuisance.

Sec. 1636. Enforcement by City Attorney. Sec. 1637. Public Health Education Campaign. Sec. 1638. Access to Summary Criminal History Information. Sec. 1639. Equity Incubator Employers’ Criminal History Inquiry. Sec. 1640. Undertaking for the General Welfare. Sec. 1641. Severability.

Editor’s Notes: The sections of this Article are numbered out of sequence with the other articles of this Code. Former Art. 16 (“Regulations for Motor Vehicles for Hire”) was repealed by Ord. 56-15, File No. 120967, approved May 8, 2015, effective June 7, 2015. For current provisions relating to vehicles for hire, see Transportation Code Article 1100.

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015) Editor's Note: For sections designated 1075.1 through 1075.14, see Article 15.7 above.

(Added by Ord. 303-08, File No. 081383, App. 12/16/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015) Editor's Notes: This Code includes two sections designated "1075.1." For the section entitled "Definition of Event Promoter," see Article 15.7 above.

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 64-97, App. 3/6/97; Ord. 111-04, File No. 040343, App. 7/1/2004; Ord. 287-08, File No. 081340, App. 12/5/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 106-99, File No. 990006, App. 5/7/99; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 15-06, File No. 051720, App. 1/20/2006; repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 228-02, File No. 020678, App. 12/5/2002; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 88-99, File No. 981443, App. 4/30/99; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 111-04, File No. 040343, App. 7/1/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Ord. 181-06, File No. 060539, App. 7/14/2006; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 88-99, File No. 981443, App. 4/30/99; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; Repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 312, File No. 081009, App. 12/19/2008)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 72-00, File No. 000416, App. 4/28/2000; repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 111-04, File No. 040343, App. 7/1/2004; Ord. 58-08, File No. 080231, App. 4/10/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 366-98, App. 12/18/98; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 88-99, File No. 981443, App. 4/30/99; Ord. 100-04, File No. 040301, App. 6/4/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 245-91, App. 6/26/91; Ord. 114-96, App. 3/13/96; Ord. 213-97, App. 6/6/97; Ord. 188-98, App. 6/12/98; Ord. 136-00, File No. 000391, App. 6/16/2000; Ord. 84-02, File No. 011716, App. 5/31/2002; Ord. 228-02, File No. 020678, App. 12/5/2002; repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 362-98, App. 12/18/98; amended by Ord. 228-02, File No. 020678, App. 12/5/2002; Ord. 204-03, File No. 030998, App. 8/8/2003; Ord. 256-03, File No. 031608, App. 11/7/2003; Ord. 26-08, File No. 071371, App. 3/6/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 26-08, File No. 071371, App. 3/6/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 26-08, File No. 071371, App. 3/6/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 188-98, App. 6/12/98; Ord. 228-02, File No. 020678, App. 12/5/2002; Ord. 17-09, File No. 081505, App. 1/21/2009; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 228-02, File No. 020678, App. 12/5/2002; amended by Ord. 118-06, File No. 060708, App. 6/14/2006; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 312-08, File No. 081009, App. 12/19/2008; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 45-11, File No. 101422, App. 3/10/2011)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 76-94, App. 2/18/94; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 363-98, App. 12/18/98; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 301-98, App. 10/9/98; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 365-98, App. 12/18/98; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 64-97, App. 3/6/97; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 64-97, App. 3/6/97; amended by Ord. 246-97, App. 6/13/97; Ord. 105-99, File No. 982077, App. 5/7/99; Ord. 173-00, File No. 000798, App. 7/14/2000; Ord. 78-02, File No. 012131, App. 5/24/2002; Ord. 101-04, File No. 040302, App. 6/4/2004; Ord. 111-04, File No. 040343, App. 7/1/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 64-97, App. 3/6/97; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 64-97, App. 3/6/97; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 64-97, App. 3/6/97; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 64-97, App. 3/6/97; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 27-04, File No. 032052, App. 2/19/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 122-93, App. 4/29/93; repealed by Ord. 54-03, File No. 021885, App. 4/11/2003)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 15-06, File No. 051720, App. 1/20/2006; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015) (Former Sec. 1165 added by Ord. 562-88, App. 12/27/88; repealed by Ord. 15-06, File No. 051720, App. 1/20/2006)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 287-08, File No. 081340, App. 12/5/2008)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 287-08, File No. 081340, App. 12/5/2008)

(Added by Ord. 562-88, App. 12/27/88; repealed by Ord. 287-08, File No. 081340, App. 12/5/2008) SECS. 1175 - 1180. [REDESIGNATED.] (Renumbered as Secs. 1225 to 1230 by Ord. 287-08, File No. 081340, App. 12/5/2008) SECS. 1183 - 1183.40. [REPEALED.] (Repealed by Ord. 287-08, File No. 081340, App. 12/5/2008)

(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 106-99, File No. 990006, App. 5/7/99; Ord. 15-06, File No. 051720, App. 1/20/2006; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 111-04, File No. 040343, App. 7/1/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 111-04, File No. 040343, App. 7/1/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 15-06, File No. 051720, App. 1/20/2006; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(Added by Ord. 111-04, File No. 040343, App. 7/1/2004; repealed by Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)

(a) It shall be unlawful to engage in any Commercial Cannabis Activity or to operate a Cannabis Business within the City without obtaining and maintaining: (1) A permit therefor issued by the Office of Cannabis; (2) A license therefor issued by a State Licensing Authority pursuant to Division 10 of the California Business and Professions Code; and (3) Any such other licenses, permits, certifications, or registrations that may be required by State or City law. (b) It shall be unlawful for any Person to engage in any Commercial Cannabis Activity for which a permit has been granted under this Article 16 if such permit has been revoked, or during any period in which such permit is suspended. (c) If any license, permit, certification, or registration required for the operation of a Cannabis Business is denied, suspended, modified, revoked, or expired, the Cannabis Business and any Referring Department responsible for the action shall notify the Director of such action in writing within two business days. (d) It shall be unlawful for any Person who is required to surrender a permit upon the sale of a Cannabis Business, as required by Section 1608 of this Article 16, to fail to do so. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

(a) For the purpose of regulating the Commercial Cultivation, Manufacture, Testing, Distribution, Sale, and Delivery of Cannabis, the Director may issue the following permits: (1) Cannabis Cultivation Facility; (2) Cannabis Manufacturing Facility; (3) Cannabis Testing Facility; (4) Cannabis Distributor; (5) Cannabis Microbusiness; (6) Medicinal Cannabis Retailer; (7) Cannabis Retailer; (8) Delivery-Only Cannabis Retailer; (9) Cannabis Nursery; and (10) Cannabis Café. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; Ord. 301-19, File No. 191174, App. 12/20/2019, Eff. 1/20/2020; Ord. 131-26, File No. 260281, App. 7/23/2026, Eff. 8/23/2026)

An Applicant may withdraw an application at any time prior to the Office’s issuance or denial of a Cannabis Business Permit. Requests to withdraw an application shall be submitted to the Office in writing, dated, and signed by the Person who submitted and signed the application. The Office shall not refund application fees for a withdrawn application. An Applicant that has withdrawn an application may reapply and pay a new application fee at any time following the withdrawal of an application. An Applicant’s withdrawal of an application shall not impact the eligibility for priority review, as set forth in subsection (c) of Section 1606, of a subsequent application submitted by the same Applicant. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. 176-21, File No. 210421, App. 10/29/2021, Eff. 11/29/2021)

In construing and enforcing the provisions of this Article 16 and regulations promulgated thereto, any act, omission, or failure of an agent, officer, or other Person acting for or employed by a Cannabis Business, within the scope of his or her employment or agency, shall be deemed the act, omission, or failure of the Cannabis Business. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

(a) A violation of the terms and conditions of a Cannabis Business Permit shall be treated as a violation of this Article 16. (b) A violation of the terms and conditions imposed on a Cannabis Business by a Referring Department shall be treated as a violation of this Article 16.

(Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

The Director shall send the application to all appropriate Referring Departments. Those departments shall complete all necessary review and inspections and report their determinations to the Office of Cannabis. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

The license fee for a Cannabis Business Permit shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code. Upon the failure of the Permittee to pay such fees, the permit shall be considered null and void, and therefore inactive as a matter of law, until the Permittee pays the fees and any penalties that might be assessed by the Director. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

(a) No Permittee shall operate a Cannabis Business in a manner inconsistent with any permit condition imposed by the Director or by a Referring Department. (b) A Permittee may request a permit amendment to remove or change a condition imposed by the Director by filing a request with the Office of Cannabis and paying such permit amendment application fee as may be required. (c) The Director shall consider whether the amendment of the permit condition sought by the Permittee would jeopardize the health and safety of the Permittee’s employees, neighbors, or Customers, increase access to Cannabis and Cannabis Products by underage persons, or increase any potential adverse impacts of the Cannabis Business on the immediate neighborhood, and shall render a decision to remove, change, or maintain the permit condition(s) on the basis of that evaluation or for any good cause. (d) A decision of the Director to impose a permit condition, or to refuse to remove or amend a permit condition, may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the Business and Tax Regulations Code. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

Any building or place used by a Cannabis Business in violation of this Article, or where any Commercial Cannabis Activity occurs in violation of this Article 16, is a nuisance which may be remedied as provided by law, including but not limited to the provisions of Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the California Health and Safety Code. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

The Department of Public Health shall conduct an ongoing public health education campaign with a particular focus on youth designed to educate the public about the safe consumption and health benefits of cannabis and cannabis products. The Department of Public Health shall launch this campaign within 60 days of the effective date of the ordinance, in Board File Number 171042, establishing this Article 16. (Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)

The Director is authorized to access local, state, and federal level summary criminal history information for licensing, permitting, and certification of commercial cannabis operations, including but not limited to the cultivation, manufacture, distribution, testing, sale, and delivery of cannabis, and may not disseminate the information to a private entity 1 (Added by Ord. 101-18, File No. 180233, App. 5/4/2018, Eff. 6/4/2018) (Former Sec. 1638 added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; redesignated as Sec. 1640 by Ord. 101-18, File No. 180233, App. 5/4/2018, Eff. 6/4/2018) CODIFICATION NOTE

1. So in Ord. 101-18.

Notwithstanding Police Code Article 49 or any other provision of City law, employers applying as Equity Incubators may inquire about, require disclosure of, or base employment decisions on, convictions for decriminalized behavior, including the non-commercial use and cultivation of cannabis, to determine whether employees satisfy the Equity Applicant criteria set forth in Section 1604(b)(4). (Added by Ord. 101-18, File No. 180233, App. 5/4/2018, Eff. 6/4/2018) (Former Sec. 1639 added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; redesignated as Sec. 1641 by Ord. 101-18, File No. 180233, App. 5/4/2018, Eff. 6/4/2018)

In enacting and implementing this Article 16, the City 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 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 Cannabis Business. 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. (Added as Sec. 1638 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; redesignated by Ord. 101-18, File No. 180233, App. 5/4/2018, Eff. 6/4/2018)

If any section, subsection, sentence, clause, phrase, or word of this Article 16, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the ordinance. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. (Added as Sec. 1639 by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018; redesignated by Ord. 101-18, File No. 180233, App. 5/4/2018, Eff. 6/4/2018)