City Council
MEETING DATE: 12/13/2017
TITLE:
Title
Discussion of Cannabis Lounges and On-Site Consumption
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
This item is presented for information, discussion and direction only.
Body
BACKGROUND:
During the Council meeting on November 29, 2017, Mayor Pro Tem Pettis asked for a study session item to discuss the possibility of adding Cannabis Lounges or some type of On-Site consumption provision to the Cathedral City cannabis regulations.
DISCUSSION:
Cathedral City's code currently expressly prohibits the on-site consumption of cannabis products at licenses dispensaries. State law not appears to have a provision allowing on-site consumption under certain circumstances. The City of Palm Springs recently approved a provision to allow Cannabis Lounges, where on-site consumption will be allowed under certain conditions. Industry representatives on the Cannabis Task Force have requested a future discussion on the topic of on-site consumption and the task force will be taking up the topic at their next meeting, most likely in January.
The following provisions are from the Palm Springs ordinance:
“Cannabis Lounge” means a discrete facility where Medical or Adult Use Cannabis and Medical or Adult Use Cannabis products may be smoked or ingested within the confines of the facility.
4. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the following requirements:
Concurrent Commercial Uses. In the event that a Cannabis Lounge Facility operates concurrent in a single premises with another commercial use, the Cannabis Lounge Facility shall be a permitted use in accordance with Chapter 92. In the absence of a concurrent commercial use, operation of a Cannabis Lounge Facility shall require a conditional use permit.
b. Separate Premises. Cannabis Lounge Facilities shall be located on a separate parcel or within a tenant space that is segregated and apart from any other use. A Cannabis Lounge Facility shall have a dedicated entrance from the street or public sidewalk, and shall have no internal connections or passage to any other tenant space or use.
c. Sale of Cannabis and Cannabis Products. Medical or adult-use cannabis and medical or adult-use cannabis products may be sold on the premises of a Cannabis Lounge, subject to the following:
1) The operator must hold an Adult-Use Dispensary permit; however, only the distance separation requirements for the Cannabis Lounge use shall be applicable to the facility.
2) All medical or adult-use cannabis and medical or adult-use cannabis products sold on the premises must be smoked, inhaled, consumed or ingested on the premises. Cannabis and cannabis products shall not be sold or provided for off-site use.
3) Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the Cannabis Lounge Facility.
4) All cannabis or cannabis products purchased and opened at the facility must be smoked, inhaled, consumed or ingested on site, and shall not be permitted to leave the facility.
5) Operators shall only permit patrons to leave the Cannabis Lounge Facility with cannabis and cannabis products that remain in originally sealed and unopened packaging.
d. Smoking of Cannabis. The smoking of cannabis may be permitted at a Cannabis Lounge Facility, as may be allowable under state law.
e. Alcohol and Tobacco Products. The sale or consumption of alcohol or tobacco products is not allowed on the premises.
f. Minors. Access to the Cannabis Lounge Facility shall be restricted to persons twenty-one (21) years of age and older.
g. Visibility. The smoking, inhalation, consumption or ingestion of cannabis or cannabis products shall not be visible from any public place or any area where minors may be present. The Cannabis Lounge shall be located within a completely enclosed building.
h. Odor Control.
The operator of each Cannabis Lounge Facility shall provide adequate air filtration so as to prevent any detectable odor at the exterior of the premises. Within twenty-four (24) hours of any complaint concerning odors emanating from or originating within the facility, the operator shall respond to the complaint in question, and shall timely file a written disclosure to the Building Official documenting any and all actions taken and planned to address the odor complaints. The Building Official, upon a determination of the continued existence of detectable odor from the facility, may require an operator to submit an implementation plan and/or a performance schedule, above and beyond this written disclosure filed within twenty-four (24) hours, to ensure the employment of measures to control the odor.
The Building Official shall have the authority to require an operator of a Cannabis Lounge Facility to amend any implementation plan and/or performance schedule submitted pursuant to this Subparagraph F.4.h to cause compliance herewith.
Any failure to timely submit a written disclosure, a more detailed implementation plan and/or performance schedule or amendment thereto, to timely adhere to the terms of either, or to complete any required improvements within the timeframe specified by the Building Official shall be grounds for revocation of the permit for the cannabis lounge facility.
Odors from a Cannabis Lounge Facility are identified as a public nuisance pursuant to PSMC Chapter 11.72. The City may pursue all administrative, civil and criminal remedies identified in that chapter in relation to any nuisance determined to exist with respect to the operation of a cannabis lounge facility in violation of this Subparagraph F.4.h.
FISCAL IMPACT:
Unknown at this point. Costs associated with licensing can be recovered through fees if authorized by Council.
ATTACHMENTS:
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