City of Jurupa Valley Ordinance No. 2016-13 prohibits all marijuana dispensaries and commercial marijuana activities in all zones of the City under the authority of “Proposition 64” adopted by the voters on November 7, 2016 and the State laws adopted by the Legislature to implement Proposition 64.
Measure A, which was placed on the ballot by a petition signed by the requisite number of voters, would provide marijuana dispensaries and businesses engaged in commercial cannabis activity, a limited exemption from enforcement for violations of the Municipal Code, if they are located in the Manufacturing-Service Commercial zone and meet certain operational requirements. “Commercial marijuana activity” includes the “cultivation, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.”
Measure A’s stated purpose is to provide “strict” regulations on the operations of commercial marijuana businesses and to provide an opportunity to raise revenue for the City. Measure A does not enact a City tax on marijuana dispensaries or commercial marijuana activity.
Marijuana businesses would apply with the City Clerk for “Priority Exemption” or “Non-Priority Exemption.” If a business filed a Statement By Unincorporated Association that specifically contained the words “commercial cannabis” or “commercial marijuana” at the time of the initial statement was filed with the California Secretary of State on or before September 1, 2016 they, are eligible for “Priority Exemption.”
No discretionary permit is required to be issued by the City. If the application is deemed complete, the applicant can operate a marijuana dispensary or engage in commercial marijuana activity subject to the following regulations:
1. Comply with all State laws concerning commercial marijuana activity.
2. At least one security guard licensed by the State must be on site at all times that it is open for business;
3. Only one wall sign allowed in compliance with the Jurupa Valley Municipal Code and external or internal illumination prohibited;
4. Hours of operation from 8:00 a.m. to 10:00 p.m. daily;
5. No more than $200 in cash reserves may be stored overnight;
6. No person under 21 shall be permitted anywhere at or upon a “non-medical exempted commercial marijuana facility;”
7. Provide name and phone number of on-site staff person for notification if there are operational problems;
8. Applicant shall meet the State’s criminal background requirements related to commercial marijuana activity;
9. No dispensary or commercial marijuana facility shall be located within a 1,000-foot radius of two or more dispensaries or commercial marijuana facility authorized by Measure A;
10. No dispensary or commercial marijuana facility shall be located within a 600-foot radius of a school providing instruction in kindergarten or any grades one through twelve; and
11. The 600-foot radius restriction for schools shall not apply to day care centers or youth centers located in the City.
The above statement is an impartial analysis of Measure A. If you desire a copy of Measure A, please call the City Clerk’s Office at (951) 332-6464 and a copy will be mailed at no cost to you.
Dated: March 8, 2018
By: Peter M. Thorson
City Attorney
City of Jurupa Valley
