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Medical Marijuana Ballot Initiative <br />July 1, 2014 <br />Page 2 <br />1. Remove the cap on collectives which was previously set at twelve. <br />2. Limit the hours of operation from 10:00 a.m. to 8:00 p.m. Monday - Saturday and 11:00 a.m. <br />to 7:00 p.m. on Sundays. <br />3. Increase the age limit to enter a medical marijuana establishment to (21) years of age <br />unless accompanied by a primary care giver, licensed attending physician, parent(s) or <br />documented legal guardian. <br />4. Reduce the minimum separation requirement between collectives from 1,000 feet to 500 <br />feet. <br />5. Pursuant to 9217 of the Election Code, the City Council may reserve the authority to make <br />future amendments to the voter approved initiative without voter approval. <br />6. Clarify that should the proposed measure pass, it will render competing measures null and <br />void. <br />7. Remove /amend items that may be subject to legal challenge: <br />a. Clarify that any request for video recordings must be by consent, through a warrant <br />or court order. <br />b. Clarify that agents, employees and volunteers can be cited for violations. <br />c. Clarify that the proposed gross receipts tax will not be adjusted by both a <br />percentage and inflation. <br />d. Provide that violations of the proposed ordinance are subject to Penal Code <br />penalties. <br />e. Modification requirements regarding the maintenance of records. <br />Additional Alternatives to Consider <br />Since the June 17th meeting the City has received further feedback from the medical marijuana <br />community and City Council members regarding additional items that may be considered and /or <br />added to the City Initiative. Staff has reviewed each of the requested items and provided a short <br />analysis. These items include: <br />1. In City Council wards where there are no industrially zoned properties (M -1, M -2), a <br />maximum of two collectives may operate in that Ward in a Professional (P) zone or an <br />Arterial Commercial (C -5) zone. <br />Analysis — This alternative addresses concerns that the permitted zones for medical <br />marijuana collectives /cooperatives proposed are too restrictive and would limit <br />55D -2 <br />