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NS-2864 - CITY MMD
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NS-2864 - CITY MMD
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Last modified
3/7/2017 3:10:01 PM
Creation date
12/24/2014 11:05:27 AM
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City Clerk
Doc Type
Resolution
Date
12/9/2014
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18 -619. Applicability to existing medical marijuana operations. <br />Any existing medical marijuana collective, dispensary, operator, establishment, <br />or provider that does not comply with the requirements of this article must immediately <br />cease operation until such time, if any, when it complies fully with the requirements of <br />this article. No medical marijuana collective, dispensary, operator, establishment, or <br />provider that existed prior to the enactment of this article shall be deemed to be a legally <br />established use under the provisions of this article, and such medical marijuana <br />collective, dispensary, operator, establishment, or provider shall not be entitled to claim <br />legal nonconforming status. <br />18 -620. Compliance with this article and state law. <br />(a) It is unlawful for any person to (i) cause, permit or engage in the <br />cultivation, possession, distribution or giving away of marijuana or (ii) own establish, <br />operate, use or permit the establishment or operation of a medical marijuana collective <br />or cooperative, or to participate as an employee, contractor, agent or volunteer of a <br />collective or cooperative, except as provided in this article, and pursuant to any and all <br />other applicable local and state laws. <br />(b) It is unlawful for any person to cause, permit or engage in any activity <br />related to medical marijuana except as provided in Health and Safety Code Sections <br />11362.5 et seq., and pursuant to any and all other applicable local and state laws. <br />(c) It is unlawful for any person to knowingly make any false, misleading or <br />inaccurate statements or representations in any forms, records, filings or documentation <br />required to be maintained, filed or provided to the City under this article, or to any other <br />local, state or federal government agency having jurisdiction over any of the activities of <br />collectives. <br />(d) It shall be the sole responsibility of the members engaged in the <br />management of the collective to ensure that the collective is at all times operating in a <br />manner compliant with all applicable state laws and this article. Nothing in this article <br />shall be construed as authorizing any actions which violate state law with regard to the <br />cultivation, transportation, provision, and sale of medical marijuana. <br />18 -621. Violation and enforcement. <br />Each and every violation of this article shall constitute a separate violation and <br />shall be subject to all remedies and enforcement measures authorized by this <br />Municipal Code. Additionally, as a nuisance per se, any violation of this article shall be <br />subject to injunctive relief, revocation of the collective's registration, revocation of the <br />certificate of occupancy for the location, disgorgement and payment to the City of any <br />and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney <br />fees, and any other relief or remedy available at law or equity. The City may also <br />Ordinance No. NS -2864 <br />Page 11 of 19 <br />
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