50A - EMERGENCY ORDINANCE MARIJUANA DISPENSARY USES

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For the purposes of this ordinance, the following terms shall be defined as follows: A. "Medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to, or does, cultivate, make available, sell, give or otherwise provide medical marijuana to two or more individuals who can be classified as the following: a qualified patient, a person with an identification car, or a primary caregiver. For the purposes of this ordinance, the terms "primary caregiver," "qualified patient," and "person with an identification card" shall have the same meaning as that set forth in Health and Safety Code Section 11362.5 et seq. B. "Primary use" shall mean a use that is not an ancillary use. C. "Ancillary use," shall be defined as that term is defined in section 41-13.5 of the Code. Section 4. This ordinance shall be adopted and thereafter immediately effective by two- thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter. Section 5. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by two-thirds (2/3) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, by two- thirds (2/3) vote, extend this ordinance one more year. Section 6. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code. Section 7. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 8. Ordinance No. NS - 2693 Page 4 of 5 50A-6