TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Section 5.90.300 related to the implementation of the State's Medical and Adult-Use Cannabis Regulation and Safety Act, read and adopted as read. (Citywide)
DISCUSSION
Pursuant to your request on August 22, 2017, this Ordinance amending the Long Beach Municipal Code ("LBMC") by adding Section 5.90.300 related to the implementation of the State's Medical and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") has been prepared and is submitted for your consideration.
In order to remain compliant with the recently passed MAUCRSA, and per your aforementioned request, Section 5.90.300 shall be added to Chapter 5.90 ("Medical Marijuana Businesses") of the LBMC to add the following buffer zones:
1. The City shall require a 600-foot radius buffer requirement for "day care centers" for Medical Marijuana Businesses under Chapter 5.90 of the LBMC; however, all Medical Marijuana Business License applicants which have submitted applications prior to January 1, 2018, are exempt from said buffer as to those applications; and
2. The City shall apply a 0-foot radius buffer requirement for "youth centers" for Medical Marijuana Businesses under Chapter 5.90 of the LBMC due to the level of uncertainty inherent in the State-provided definition of a "youth center"
and related challenges.
This Ordinance further seeks to add "clean-up" language so that Chapter 5.90 is consistent with MAUCRSA. Chapter 5.90, as currently written, refers to the former Medical Marijuana Regulation and Safety Act ("MMRSA") and its various provisions. In order to remain in line and compliant with MAUCRSA, and without amending the
voter intent, such clean-up language is recommended.
TIMING CONSIDERATIONS
[Timing Considerations]
FISCAL IMPACT
[Fiscal Impact]
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY ADDING SECTION 5.90.300 RELATED TO THE IMPLEMENTATION OF THE STATE'S MEDICAL AND ADULT-USE CANNABIS REGULATION AND SAFETY ACT
Respectfully Submitted,
CHARLES PARKIN
CITY ATTORNEY
By:
MONICA J. KILAITA
DEPUTY CITY ATTORNEY