MAMMOTH LAKES, MONO COUNTY

MAMMOTH LAKES, MONO COUNTY, MEDICAL MARIJUANA DISPENSARIES REGULATION

As the only incorporated city in Mono County, California,The Town of Mammoth Lakes had approved a local ordinance permitting and regulating the establishment of operation of medical cannabis dispensaries within the Mammoth Lakes city limits. Specifically, Mammoth Lakes has permitted the establishment of two medical marijuana cooperatives, provided that the two cooperatives are at least 500 apart from each other, when the city voters approved Measure M on June 8, 2010. As of August 2012, it was still possible to submit an application for a medical marijuana cooperative permit to the Town of Mammoth Lakes Police Department.

The Mammoth Lakes ordinance permits only one type of medical marijuana dispensaries - cooperatives. It does not authorize the establishments of medical marijuana collectives. Cooperatives are more formal entities that must be established pursuant to and abide by the California Corporations and/or the California Food and Agriculture Codes. Among other things, cooperatives have stricter reporting and disclosure requirements than collectives.  Collectives can be organized in a much more informal manner than cooperatives.

The requirements and procedures for the application and permitting process are included in Chapter 5.38 of the Mammoth Lakes Municipal Code. Because of frequent changes in local laws regulating medical marijuana dispensaries, our office cannot guarantee how long the information provided in this article will stay current. If you are interested in the current medical marijuana regulations in Mammoth Lakes, Mono County or any other locations in California, please check by calling our law firm before relying on the information provided on our website.

Mammoth Lakes Municipal Code Chapter 5.38, provides as follows:

5.38.010 - Applicability.

The standards and criteria established in this chapter apply to any site, facility, location, entity, or cooperative in the Town of Mammoth Lakes that distributes, dispenses, stores, reimburses, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health and Safety Code §§ 11362.5, 11362.7—11362.83 or any State of California laws, guidelines or regulations adopted in furtherance thereof. Nothing in this section shall be interpreted to conflict with provisions of Health and Safety Code § 11362.5 (Compassionate Use Act) and § 11362.7 et seq. (Medical Marijuana Program Act).

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.020 - Definitions.

The following terms and phrases, wherever used in this chapter, shall be construed as defined in this section:

"Chief of police" means the Chief of Police for the Town of Mammoth Lakes Police Department or his/her designee.

"Guidelines" means the "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use" issued by the California Attorney General in August 2008, as amended from time to time.

"Medical marijuana" means marijuana authorized in strict compliance with the Health and Safety Code §§ 11362.5, 11362.7 et seq., as such sections may be amended from time to time.

"Medical marijuana cooperative" means any not for profit site, facility or location where ten or more qualified patients and/or persons with an identification card associate, meet or congregate in order to cooperatively distribute, reimburse, dispense, transmit, process, deliver, exchange, or give away marijuana for medicinal purposes pursuant to Health and Safety Code § 11362.5 et seq. and the guidelines. A medical marijuana cooperative must be organized as a cooperative, as those terms are defined by the guidelines, as amended from time to time. A "medical marijuana cooperative" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential hospice, or home health agency licensed pursuant to Chapter 8 of the Health and Safety Code, as long any such use complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 et seq.

"Member" means a qualified patient or primary caregiver who is a member in good standing of the medical marijuana cooperative governed by this chapter.

"Permit" or "medical marijuana permit" means a permit issued by the Town of Mammoth Lakes that authorizes the operation of a medical marijuana cooperative on the terms and conditions set forth in this chapter. A "person with an identification card" who holds a valid permit from the town shall be a "permittee."

"Person with an identification card" shall have the meaning given that term by Health and Safety Code § 11362.7, as amended from time to time.

"Primary caregiver" shall have the meaning given that term by the Health and Safety Code §§ 11362.5 and 11362.7, as amended from time to time. A person asserting primary caregiver status must establish by written documentation that (1) he or she has been designated as such by the medical marijuana patient and (2) he or she is a person "who has consistently assumed responsibility for the housing, health or safety of the patient."

"Qualified patient" shall have the meaning given that term by Health and Safety Code § 11362.7, as amended from time to time.

"Town manager" means the Town Manager for the Town of Mammoth Lakes or his/her designee.

"Town clerk" means the Town Clerk for the Town of Mammoth Lakes or his/her designee.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.030 - Permit for medical marijuana cooperative.

A. Prior to initiating operations, and as a continuing prerequisite to conducting legally valid operations, all responsible persons or the responsible entity wishing to operate a medical marijuana cooperative shall apply for and receive from the Town of Mammoth Lakes a permit for operation of a medical marijuana cooperative, on the terms and conditions set forth herein.

B. The applicant for a permit shall submit to the Town of Mammoth Lakes an application to operate a medical marijuana cooperative. The application shall be filed on a form to be provided by the town and shall contain such information as is requested by the town, including, but not limited to, the following:

1. A complete description of the type, nature and extent of the enterprise to be conducted and for which application is made, including documentation establishing that the enterprise is a cooperative, as described in the guidelines, as may be amended from time to time.

2. Proof of "cooperative" non-profit status. A cooperative must file articles of incorporation with the state and conduct its business for the mutual benefit of its members. (Corp. Code, §§ 12201, 12300.) No business may call itself a "cooperative" (or "co-op") unless it is properly organized and registered as such a corporation under the Corporations or Food and Agriculture Code. (Id. at § 12311(b).) Cooperative corporations are "democratically controlled and are not organized to make a profit for themselves, as such, or for their members, as such, but primarily for their members as patrons." (Id. at § 12201.) The earnings and savings of the business must be used for the general welfare of its members or equitably distributed to members in the form of cash, property, credits or services. Cooperatives must follow strict rules on organization, articles, elections and distribution of earnings, and must report individual transactions from individual members each year. (See id. at § 1220, et seq.) Agricultural cooperatives are likewise nonprofit corporate entities

"since they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers." (Food and Agriculture Code, § 54033.) Agricultural cooperatives share many characteristics with consumer cooperatives. (See, e.g., id. at § 54022 et seq.) Cooperatives should not purchase marijuana from, or reimburse, non-members; instead, they should only provide a means for facilitating or coordinating transactions between members.

3. The address of the location at which the cooperative will be operated, and a copy of a lease signed by the owner or duly authorized agent of the property, authorizing the applicant to occupy the property as a medical marijuana cooperative. A written statement signed by the property owner, in which the property owner acknowledges having read the application, approves the operation of the medical marijuana cooperative at the location, and provides his/her name, address, and telephone number where he/she may be reached for verification of the lease.

4. The name and address of the applicant for the cooperative for which application is made, as well as the applicant's previous addresses for the past five years immediately prior to the present address of the applicant.

5. All businesses, occupations, and employment in which the applicant has been engaged for the ten years immediately preceding the date of the application.

6. Plan of operations describing how the cooperative will operate consistent with the intent of state law, the provisions of this chapter and the guidelines, including but not limited to:

a. Ensuring marijuana is not purchased or sold by the cooperative in a manner that would generate a profit.

b. Controls that will assure medical marijuana is dispensed only to legitimate qualified patients and primary caregivers

c. Controls that will ensure access to the cooperative premises is adequately monitored and restricted to pre-approved qualified patients or primary caregivers.

7. A sketch or diagram showing the interior configuration of the premises. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

8. A security plan outlining the proposed arrangements for ensuring the safety of persons and for protecting the premises from theft. The plan shall include, as a minimum, installation of security cameras, continuous operation of a robbery and burglary alarm system monitored by a state-licensed operator, and an annual written security assessment of the site by a qualified professional. The security plan must also include a lighting plan showing exterior and interior lighting that will be implemented to provide adequate security and comply with all town standards regarding lighting design and installation.

9. A statement by the applicant that he/she certifies under penalty of perjury that all information contained in the application is true and correct.

10. A copy of a valid California Department of Public Health (DPH) medical marijuana card issued to the applicant.

11. Such other information that is deemed necessary by the town to conduct a background check of the applicant, or for the chief of police to demonstrate compliance with this chapter and the Town Municipal Code.

C. Based on the information set forth in the permit application, the town may impose reasonable terms and conditions on the proposed operations, consistent with the Health and Safety Code § 11362.5 et seq. and with public health, safety, and welfare.

Such terms and conditions may be imposed at the time a permit for operation of a medical marijuana cooperative is issued, upon renewal of the permit, or at any time during the term of the permit.

D. The chief of police shall conduct a background check of any applicant for a medical marijuana permit as set forth below and, based on that information, the information in the permit application, and the requirements set forth in this chapter, determine whether a permit be issued.

E. There shall be no more than two cooperatives operating in the Town of Mammoth Lakes at any one time.

F. Prior to commencing business, the applicant shall obtain a use permit from the planning commission to establish a cooperative.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.040 - Background check of applicant for medical marijuana cooperative permit.

A. Any applicant for a medical marijuana permit shall provide the following information to enable the chief of police to perform the background check specified herein:

1. The name, address, phone number, and fingerprints of the applicant.

2. A list of each criminal conviction of the applicant, if any, whether each such conviction was by verdict, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the location of the arrest, the offense charged, the court in which the applicant was prosecuted, and the offense of which the applicant was convicted.

3. Such other information as may be required by the chief of police, consistent with the purpose of this chapter, the Municipal Code and applicable law.

B. Upon receipt of the information referenced above, the chief of police shall conduct an investigation and shall determine whether the background of the applicant is acceptable for the purposes of the medical marijuana permit.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.050 - Action on application for a permit.

A. An application for a permit shall be deemed complete when the town has received all of the information and materials required by this chapter for the application, including the information necessary to conduct a background check. Upon notification that an application is incomplete, the applicant shall have ten calendar days to submit all materials required to complete the application. If the application remains incomplete in excess of ten calendar days, the application shall be deemed withdrawn.

B. The chief of police shall consider the following criteria in determining whether to grant or deny a permit and/or renewal of a permit.

1. Whether the proposed cooperative is consistent with the Municipal Code, the guidelines, state law, and this chapter, including the application submittal and operating requirements herein.

2. Whether the location is identified as having crime issues. "Crime issues" shall mean calls for police services significantly in excess of the average number of calls for services for similar businesses during the most recent reporting period for which statistics are available.

3. Whether all required application materials have been provided and, for a previously permitted cooperative, whether the cooperative has operated in a manner consistent with this chapter.

4. Whether all required application fees and annual renewal fees have been paid in a timely manner.

5. Whether the location is consistent with the Town of Mammoth Lakes zoning standards and is not prohibited by the provisions of this chapter, the guidelines, or by any other local or state law, statute, rule or regulation, and whether any significant nuisance issues or problems are anticipated or, for a previously permitted cooperative, have resulted.

6. Whether the floor plan, security plan and lighting plan incorporate features sufficient to reduce or eliminate potential crime-related problems as specified in this chapter.

7. Whether the applicant has violated any local or state law, statute, rule or regulation respecting the distribution, possession or consumption of illegal drugs or controlled substances.

8. Whether the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices or acts.

9. Whether the applicant has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in a permit application, or has provided false, inaccurate, or otherwise misleading information, or failed to submit or otherwise refuses to submit to fingerprinting.

10. Whether the applicant, his/her agent, or any person exercising managerial authority on behalf of the applicant has committed any act involving dishonesty, fraud, or deceit with intent to substantially benefit him or herself, or another, or substantially injure another, or has engaged in illegal use, possession, distribution, or similar action relating to illegal drugs or controlled substances. Notwithstanding the above, an applicant shall not be denied solely on the basis that the applicant has been convicted of a felony if the applicant has obtained a certificate of rehabilitation under California law or solely on the basis that the applicant has been convicted of a misdemeanor if the applicant has met all applicable requirements of rehabilitation pursuant to California law.

C. Within fifteen working days of receipt of a complete application the police department shall review and complete their investigation.

D. Within five days of completing the investigation, the application shall be approved, conditionally approved or denied. The chief of police may impose conditions, restrictions, or require revisions to the proposal to comply with this chapter or the guidelines. Written notice of the decision shall be mailed to the applicant by U.S. Mail.

E. If the Town of Mammoth Lakes denies or revokes a permit pursuant to this chapter, a new application for a permit shall not be accepted from the applicant whose permit has been revoked or denied, and no such permit shall be issued to such person, for a period of three years after the action denying or revoking the permit.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.060 - Contents, posting and changes in status of permits.

A. The medical marijuana permit shall include, but not be limited to, the following information:

1. A complete description of the cooperative authorized by the permit;

2. The name and address of the cooperative so permitted;

3. The name and address of the principal of the cooperative, who applied for the permit;

4. Any conditions under which the permit is issued.

B. The permit shall be conspicuously posted at the location of the permitted site in full public view during business hours so that the permit may be readily seen by all persons entering the cooperative.

C. Permits shall be non-transferable. A permittee shall not transfer control of a cooperative to another person unless and until the proposed new operator files an application for a permit with the Town of Mammoth Lakes in accordance with the provisions in this chapter, as though he/she were applying for the initial permit. Such application shall be accompanied by a statement of the current permittee indicating his/her intent to transfer control of the cooperative to the new permit applicant. In accordance with this chapter, the Town of Mammoth Lakes shall determine whether the person seeking the permit would be entitled to the issuance of a permit.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.070 - Membership application and verifications.

When a qualified patient, person with identification card or primary caregiver wishes to join a medical marijuana cooperative, the following application guidelines shall be followed to help ensure that marijuana grown for medical use is not diverted to illicit markets or otherwise used in a manner that does not comply with this chapter or with applicable laws of the State of California:

A. Verify the individual's status as a qualified patient, person with identification card, or primary caregiver. Unless a qualified patient has a valid state medical marijuana identification card, the verification process should involve personal contact with the recommending physician (or his or her agent), verification of the physician's identity, and verification of the physician's state licensing status. Verification of primary caregiver status should include contact with the qualified patient, as well as validation of the qualified patient's recommendation. Copies should be made of the physician's recommendation or identification card, if any; written records shall be maintained documenting the process by which each individual's status is verified; and

B. Each applicant for membership in the cooperative must agree in writing not to distribute marijuana to non-members; and

C. Each applicant for membership in the cooperative must agree in writing not to use marijuana for other than medical purposes; and

D. Membership as a qualified patient shall be restricted to only those patients with a written recommendation from a doctor recommending for a specific period of time not to exceed one year; and

E. The membership application and approval process shall include written authorization from any member who is a qualified patient consenting to allow the cooperative and the Town of Mammoth Lakes to verify the member's written recommendation from his or her doctor.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.080 - Business license, sales tax, and sellers permit.

The state board of equalization has determined that medical marijuana transactions are subject to sales tax, regardless of whether the individual or group makes a profit, and those engaging in transactions involving medical marijuana must obtain a seller's permit from the state board of equalization, or other applicable state agency as well as a business license from the town.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.090 - Development, operational and performance standards.

Each medical marijuana cooperative shall operate in compliance with the following standards to assure that the medical marijuana cooperative is in compliance with California law, and the guidelines, and to mitigate the adverse secondary effects from operations of facilities dispensing medical marijuana.

A. Prohibited Locations. No medical marijuana cooperative shall be located:

1. On any parcel which is located within one thousand feet of any public elementary school, public middle school, public high school, public library or public park if the medical marijuana cooperative is located in a commercial general zone; or

2. Within five hundred feet of another medical marijuana cooperative.

B. The distance between a medical marijuana cooperative, and the uses and zones described above, including another cooperative, shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line or a portion of the building or structure if located on a property line in which the medical marijuana cooperative is located, to the boundary or closest property line where the use or zone described above is located.

C. Accessory Use. A medical marijuana cooperative is not and shall not be approved as an accessory use to any other use permitted in Title 17, except as allowed by Section 5.38.095.

D. Security and Lighting Plan.

1. A medical marijuana cooperative shall provide adequate security and lighting on-site to ensure safety of persons, protect the premises from theft at all times, and to ensure that the surrounding neighborhood and businesses are not negatively impacted by nuisance activity such as loitering and crime. In addition, a medical marijuana cooperative shall prepare and implement a security plan, as reviewed and approved by the chief of police, which shall include the use of recorded video monitors for security, both within and outside the premises.

2. All security guards employed by medical marijuana cooperatives shall be duly licensed by the State of California, Department of Consumer Affairs, and possess a security guard card at all times, in a manner compliant with applicable state and local laws, rules and regulations. Security guards shall not possess firearms or tasers.

3. A medical marijuana cooperative must ensure that all marijuana is securely stored. In addition, a reliable, commercial burglary, and robbery alarm system must be installed and maintained in a manner compliant with the Town of Mammoth Lakes Municipal Code.

4. The dispensing of medical marijuana shall not be visible from the exterior of the business. This may be accomplished through obstructing the windows with curtains or tinting, dividing the business operations to have a lobby that is visible from the exterior with medical marijuana being dispensed in enclosed rooms not visible from the exterior, or other method as approved by the town.

E. Retail Sales and Cultivation. No medical marijuana cooperative shall conduct or engage in any sale of medical marijuana. All reimbursements must be consistent with the applicable laws concerning provision of medical marijuana and consistent with this chapter.

F. Any member of the medical marijuana cooperative cultivating medical marijuana off the premises of the cooperative within the Town of Mammoth Lakes shall complete a medical marijuana cultivation affidavit and submit it to the police department prior to commencing cultivation operations.

G. There shall be no on-site sales of alcohol or tobacco and no consumption of alcohol or tobacco by members of the cooperative on-site, including the premises, common area(s), parking areas or lots or sidewalks surrounding the property.

H. Consumption Restrictions. The medical marijuana cooperative members shall be compliant with the Town of Mammoth Lakes "No Smoking in Public Places Ordinance" at all times. No marijuana shall be smoked, ingested, or otherwise consumed on the premises of the cooperative. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other immediately surrounding areas.

I. No medical marijuana cooperative shall distribute or sell marijuana for a profit.

J. Operating Hours. The maximum hours of operations shall be as follows: nine a.m. to seven p.m., Monday through Saturday, and eleven a.m. to five p.m. on Sunday.

K. Signage and Notices. A medical marijuana cooperative shall notify members of the following in writing and through posting of a minimum eleven-inch by seventeen-inch size sign in a conspicuous location on the premises where it will be visible to members in the normal course of a transaction:

1. Use of medical marijuana shall be limited to the qualified patient or person with identification card identified on the doctor's recommendation. Secondary sale, barter, or distribution of medical marijuana is a crime and can lead to arrest; and

2. Members of the medical marijuana cooperative must immediately leave the site and not consume or use medical marijuana until at home or in an equivalent private location; and

3. Forgery of medical documents is a felony crime.

4. No signage may include the words "marijuana" or "cannabis" nor shall any graphic display of marijuana leaves or plants be displayed on the building signage nor shall any graphics of cannabis leaves or plants be used in advertising collateral materials.

5. The cooperative shall not engage in any advertising targeted towards minors or promoting the recreational use of medical marijuana.

L. Member Records. A medical marijuana cooperative shall maintain written records concerning each of its members, and must track when each member's medical marijuana recommendation and/or identification card expires and enforce conditions of membership by excluding members whose identification cards or physician recommendations are invalid or have expired, or who divert marijuana for non-medical use or otherwise fail to comply with the requirements of this chapter and applicable California law. The medical marijuana cooperative shall maintain membership records on-site.

M. Cooperative Records.

1. A medical marijuana cooperative shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions. Additionally, a medical marijuana cooperative shall maintain records of all members' contribution of labor, resources, or money to the cooperative.

2. A medical marijuana cooperative shall allow the chief of police access to the books, records, accounts, and any and all data relevant to its permitted activities for purposes of conducting an audit or examination to determine compliance with this Municipal Code and all applicable laws. Any and all personal information of members is considered protected by state and federal confidentiality laws.

N. Dispensing Operations.

1. A medical marijuana cooperative shall only provide, distribute, dispense, give, grow or transmit medical marijuana to members who are qualified patients or persons with identification card. This shall include possession of a valid physician's recommendation, not more than one year old, for medical marijuana use by the patient. A medical marijuana cooperative shall not distribute medical marijuana to a person who is not a member in good standing of the cooperative.

2. A medical marijuana cooperative shall not provide marijuana to any member in an amount not consistent with personal medical use, as recommended by the recommending physician.

3. No recommendations for use of medical marijuana shall be issued on-site, and the cooperative shall not have a physician on-site to evaluate patients.

4. A medical marijuana cooperative may only dispense, store, grow or transport marijuana in amounts consistent with doctor's recommendations issued to its members.

5. A medical marijuana cooperative shall not store more than two hundred dollars in cash reserves overnight on the premises.

6. The exterior appearance of the structure where the cooperative is located shall be compatible with the structures already constructed or under construction within the immediate district, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the district.

7. The operator(s) of a medical marijuana cooperative shall maintain the premises, location, property and/or structures free of litter, debris, junk and other similar cast-off materials and free of graffiti. Any graffiti must be removed and/or repainted within seventy-two hours from discovery of or verbal or written notice of the graffiti vandalism from the town.

8. Restrooms shall remain locked and under control of the management.

9. There shall be no loitering on the premises, surroundings or parking lot of the medical marijuana cooperative. No person shall be present on the premises of the medical marijuana cooperative while intoxicated and/or under the influence of alcohol and/or any controlled substance.

10. No weapons shall be permitted at any medical marijuana cooperative without prior written approval from the chief of police.

11. With the exception of the security guard(s), a medical marijuana cooperative shall have no employees, unless such employees are involved in reimbursements relating to the medical marijuana cooperative and are members meeting all terms and conditions of applicable law, including the Town of Mammoth Lakes Municipal Code.

O. Minors. No person under the age of twenty-one shall be allowed on the premises of a medical marijuana cooperative. In addition, no person under the age of twenty-one shall be a member of a medical marijuana cooperative. Any person under the age of twenty-one shall be required to have a registered primary caregiver serve as their member.

P. Contact Person. Medical marijuana cooperative shall provide law enforcement and all neighbors within three hundred feet of the cooperative with the name and phone number of an on-site staff person to notify if there are problems with the establishment.

Q. Compliance with Conditions and Other Requirements.

1. A medical marijuana cooperative which provides marijuana in the form of food or other comestibles shall obtain and maintain the appropriate license(s) from the Mono County Health Department for providing food or other comestibles.

2. Designated Town of Mammoth Lakes employees and Town of Mammoth Lakes Police Department designees requesting admission for the purpose of determining compliance with this chapter and the guidelines shall be given unrestricted access to the cooperative during normal business hours of operation.

3. A medical marijuana cooperative shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval by the Town of Mammoth Lakes to ensure that the operations of the cooperative are consistent with the protection of the health, safety and welfare of the community, qualified patients and primary caregivers, and will not adversely affect surrounding uses.

4. A medical marijuana cooperative shall comply with all other applicable property development and design standards of the Town's Municipal Code and design guidelines. The building in which the cooperative is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and the Americans with Disabilities Act.

5. A medical marijuana cooperative shall comply with and operate in compliance with the Health and Safety Code § 11362.5 et seq. and in conformance with the guidelines.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.095 - Medical marijuana cultivation at private residences.

A. Purpose. To regulate the cultivation of medical marijuana for personal use in a manner that protects the health, safety, and welfare of the community and minimizes or eliminates the potential nuisances associated with marijuana cultivation. This section is not intended to interfere with a patient's right to medical marijuana, as provided in California Health and Safety Code § 11362.

B. Allowable Accessory Use. Qualified patients and designated primary caregivers shall be allowed to cultivate marijuana at their private residences in accordance with a physician's recommendation for up to three qualified patients. Cultivation activities shall be at a scale that is accessory to the primary use of the property and must be consistent with the standards established below.

C. Cultivation Area. Maximum of one hundred square feet of canopy area for each qualified patient, not to exceed cultivation for three qualified patients at any individual address or on any individual parcel. As used in this section, "canopy area" shall mean the total combined canopy area for all locations on a property where medical marijuana is being cultivated, including indoor areas, outdoor areas, or a combination of both, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line.

D. Outdoor Cultivation Standards.

1. Cultivation Setbacks. The following minimum cultivation-area setbacks apply to open cultivation areas, as well as those located within enclosed accessory structures and shall be adhered to as specified below.

a. Front yard. Cultivation areas shall not be located within the front yard setback.

b. Street side yard. Twenty feet.

c. Interior side and rear yard. Ten feet.

d. Distance from the nearest residence which is not located on the same parcel. Thirty feet.

2. Security. Outdoor cultivation areas shall be contained within a non-climbable minimum six-foot high fence equipped with a locking gate. Wire, chain link, rope, electrical fences, glass and similar objects are not permitted

3. Screening. Outdoor cultivation areas shall not be visible from a public street, public park, public school, or other public area, except where topographic conditions prevent reasonable screening. Maximum plant height shall not exceed eight feet above ground level at the base of the plant(s).

4. Proximity to Schools. No outdoor cultivation shall be allowed on property located within three hundred feet of the grounds of a public library, public school, or public park.

E. In-Residence Cultivation.

1. A maximum of ten percent or one hundred square feet, whichever is larger, of the total floor area of a residence may be used for cultivation purposes provided that the total cultivation area does not exceed the limits established by this section. Total floor area of a residence does not include garage, attic, or other spaces not customarily used for living purposes.

2. Total electrical loads for the cultivation of marijuana shall not exceed one thousand two hundred watts, unless a licensed electrical contractor certifies in a form acceptable to the building official, that the additional lighting loads meet the requirements of the currently adopted California Electrical Code.

3. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation is prohibited.

4. The qualified patient and/or a designated primary caregiver shall reside in the residence where the medical marijuana cultivation occurs.

5. The residence shall maintain a fully functional kitchen, bathroom(s), and primary bedroom. These rooms shall not be used for medical marijuana cultivation where such cultivation will prevent their primary use for sleeping, bathing, and preparation of meals.

6. Proper ventilation shall be provided as necessary to ensure that indoor medical marijuana cultivation area(s) will not create a humidity, mold, or odor problem. A building permit shall be obtained, as necessary, for the installation of required equipment.

F. Other Requirements.

1. Medical marijuana cultivation is prohibited as a home occupation.

2. The medical marijuana cultivation area(s) shall not adversely affect the health or safety of nearby residents, or cause annoyance or discomfort to any reasonable person of normal sensitiveness, by creating glare, heat, noxious gasses, odor, smoke, vibration, or other impacts, or be hazardous due to the use or storage of materials, processes, products, or wastes.

G. Medical Marijuana Cultivation Affidavit. Persons residing in a residence who cultivate medical marijuana for their sole personal use in quantities recommended by their physician may do so in accordance with the regulations of this section without submitting a medicinal marijuana cultivation affidavit to the police department.

Persons cultivating medical marijuana for distribution to his or her cooperative for the use of other members of said cooperative shall do so in accordance with the requirements of this section and shall sign and file with the town a medical marijuana cultivation affidavit available from the police department. The affidavit shall include the name of the cooperative for which the medical marijuana is being supplied and the quantity of medical marijuana agreed to be supplied on a calendar-year basis. Should either the cooperative or quantities to be provided change, a new affidavit shall be signed and filed with the town. The affidavit shall include the signature of the property owner if the property on which cultivation is to occur is not owned by the qualified patient or primary caregiver.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.100 - Fees.

The Town of Mammoth Lakes may impose such reasonable fees on the application for, the renewal of, and the issuance of a permit for a medical marijuana cooperative as are necessary to recoup the cost in administering and implementing the provisions of this chapter, including, but not limited to, the cost of background checks.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.110 - Renewal of permit required.

A. Permits are subject to annual renewal as required by the Town of Mammoth Lakes. Medical marijuana cooperatives must be in compliance with this chapter for renewal.

B. A complete application must be submitted at least sixty calendar days before the annual expiration of each permit. An application for renewal shall be governed by the same criteria for approval as an initial application for a permit.

C. Applications for renewal made less than sixty days before annual expiration shall not stay the annual expiration date of the permit. In addition to satisfying all other criteria for renewal, the applicant shall demonstrate good cause for failing to file a timely renewal of his/her application. The town shall have sole discretion to determine whether such good cause is demonstrated and appropriate late filing fees shall apply.

D. If a permit expires without being renewed, the permittee of the expired permit must apply for a new permit by complying with all requirements of this chapter applicable to an original application for permit and operations at location must cease until such new permit is issued.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.120 - Suspension or revocation of a permit.

A. The Town of Mammoth Lakes may suspend or revoke a permit for any of the following reasons.

1. The medical marijuana cooperative fails to comply with this chapter, including but not limited to, the operating restrictions set forth in this chapter or the guidelines; or

2. The medical marijuana cooperative fails to comply with the conditions of approval of its permit; or

3. The medical marijuana cooperative is operated in a manner that causes, or is causing or allowing a nuisance in connection with the premises; or

4. The permittee is convicted of a public offense in any court of competent jurisdiction for violation of any law which relates to his/her permit or the operation of the medical marijuana cooperative; or

5. The legislature or courts interpret or change the law in a manner that precludes the operation of the cooperative such that the operation plan is not lawful (e.g. if cooperative is operating without caregiver relationship and caregiver relationship through the cooperative is mandated by law).

B. Upon determining grounds for suspension or revocation of a permit exist, the town may issue the permittee written notice of the suspension or revocation, stating the reasons therefore, and serve notice, together with a copy of this chapter, upon permittee.

C. The suspension or revocation shall become effective ten calendar days following the date of service upon the permittee, unless permittee files a written request for an appeal hearing pursuant to this chapter. If the permittee files an appeal within the time and manner prescribed, the permit shall remain in effect until the appeal is finally determined.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.130 - Appeals.

Filing of appeals shall be conducted as set forth by the Town of Mammoth Lakes Municipal Code.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

5.38.140 - Violations.

The establishment, maintenance or operation of a medical marijuana cooperative in violation of this chapter, or applicable local or state law or rule, shall be unlawful, and is declared to be a public nuisance and may be abated by the town either pursuant to the Municipal Code or any legal remedies, including but not limited to administrative enforcement or and/or civil injunctions. The town may also suspend or revoke a permit, pursuant to the terms of this chapter.

(Ord. No. 2010-06, § 1(Exh. A), 6-2-2010)

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