10-3.708

Other

• Age verification for delivery

  Commercial cannabis retail operations and their delivery employee drivers are required to verify the identity and age of each customer via necessary documentation. In the case of medical customers, drivers must verify that the customer is not under the age of eighteen (18) years, and that the potential customer has a valid doctor's recommendation. In the case of recreational or adult use customer, drivers must verify that the customer is not under the age of twenty-one (21).

• No alcohol sales or consumption

  No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis business.

• Background checks for drivers

  Provide the City Manager with evidence of the completion of criminal background checks for all delivery drivers, as required by Section 10-3.710.

• Background check required

  All employees of commercial cannabis businesses shall be subject to background search by the California Department of Justice and local law enforcement.

• Consumption prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. on premises

  No cannabis or cannabis products shall be consumed on the premises of any commercial cannabis business.

• Delivery hours

  Cannabis deliveries shall be limited to the hours of 8:00 a.m. to 8:00 p.m. unless otherwise specified in writing by the City Manager.

• No delivery to public land

  A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.

• Delivery permit required

  Prior to commencing operations, any licensed commercial cannabis retail operation conducting deliveries within the City of Modesto shall comply with the following requirements: Obtain from the City Manager a permit authorizing the delivery of cannabis and cannabis products within the City limits.

• Delivery vehicle signage compliance

  All delivery vehicles delivering cannabis and cannabis products to locations within the City of Modesto shall comply at all times with the signage and security requirements contained in Title 16, Division 42, Section 5417 of the California Code of Regulations.

• Indemnification

  To the maximum extent permitted by law, the permittees under this article shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Modesto, the Modesto City Council, and its respective officials, officers, employees, representatives, agents and volunteers from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment.

• Inspections

  Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including but not limited to, the Departments of Health Services, Agriculture/Weights & Measures, the Modesto Police Department and City Management.

• Proof of insurance for vehicles

  Provide the City Manager proof of insurance coverage for all vehicles that will be used to deliver cannabis or cannabis goods.

• Kiosk or technology platform delivery prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  Any delivery by kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be in violation of this chapter.

• Minimum employee age21 years

  All employees of commercial cannabis businesses must be at least twenty-one (21) years of age.

• No public nuisance

  Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, run off or wastes.

• Notice of vehicle changes

  Provide the City Manager with written notice of any changes in the composition of its delivery vehicle fleet within thirty (30) calendar days.

• City Manager may promulgate regulations

  The City Manager or his/her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis delivery permits, the ongoing operation of commercial cannabis delivery services and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.

• Revocation of delivery permit

  Once issued, any commercial cannabis delivery permit may be revoked by the City Manager for failure to comply with any of the provisions of this Article, or for any of the reasons enumerated in Section 10-3.705.

• Scales registered

  All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

• Compliance with state regulations

  All cannabis delivery services, and the retail businesses that control them, shall as an express condition of any delivery permit issued by the City of Modesto remain in compliance with all applicable state regulations contained in Sections 5415 through 5421 of Title 16, Division 42 of the California Code of Regulations.

• Comply with taxes

  Commercial cannabis uses shall comply with additional taxes that may be enacted by the voters or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

• Track and trace compliance

  Commercial cannabis operators shall comply with any track and trace program established by the City or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the City upon request.

• Vehicle registration with City

  Provide the City Manager the year, make, model, license plate number, and Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis or cannabis goods.

• Violations declared public nuisance

  Any activity performed contrary to the provisions of this article is hereby declared to be a public nuisance.