Imperial Valley Press

EC cannabis vote draws near

- By JULIO MORALES Staff Writer

EL CENTRO — A revised cannabis ordinance is expected to come before the City Council in April for possible approval, after the council provided some final suggestion­s during a Feb. 25 special meeting.

Though some members of the community had previously sought the inclusion of the downtown area in the ordinance’s overlay zone and non-storefront cannabis delivery operations, the council made no such recommenda­tions during its meeting.

Instead, the city opted to limit the ordinance to solely allow for two storefront recreation­al cannabis operations, and left open the possibilit­y that an additional number of permits for storefront­s and delivery-only operators could be considered in the future.

“There’s a lot of learning we have to do before we expand in some capacity,” Mayor Efrain Silva said during the Feb. 25 meeting.

Some of the council’s recommende­d revisions included changes to how some buffer zones are measured. Such buffer zones establish a minimum distance requiremen­t between a cannabis retailer and a sensitive location such as a school, church or residence.

While a 600-foot buffer was proposed between cannabis retailers and schools, parks and day care and youth centers, the ordinance recommende­d a buffer zone of 50 feet between a residence and a parcel containing a cannabis business.

Some council members questioned that distance requiremen­t, noting that a parcel’s boundary may be situated closer than 50 feet to a residence while the parcel’s existing or planned structures may be located further away from the residence.

In response, city officials indicated they would produce a revised overlay map that took into account the council’s concern about the ordinance possibly eliminatin­g entire parcels whose boundaries closely border residentia­l areas while its structures are further removed.

City staff is also expected to revise a part of the ordinance regarding records and recordkeep­ing to provide additional clarificat­ion and transparen­cy as it related to an operator’s tax returns.

Additional­ly, the council directed staff to include language in the ordinance that would provide code enforcemen­t personnel and the Police Department with tools useful to shut down unlicensed businesses in a timely manner.

Police Chief Brian Johnson told city officials that they should be prepared for the ordinance possibly giving rise to the establishm­ent of unlicensed storefront cannabis retailers, as other locales have experience­d.

Shutting down unlicensed cannabis retailers has proven more difficult than imagined, and often requires lengthy civil court action that doesn’t prevent the retailer from continuing to operate in the interim, Johnson said.

“You’re talking probably a three- to a six-month process,” he said. “Once they do close down they will literally go across the street and reopen.”

City officials suggested increasing the maximum daily administra­tive penalty for businesses found to be operating without proper permitting from $500 to $1,000.

The city could potentiall­y justify the increased fee schedule by demonstrat­ing that the unlicensed businesses pose extraordin­ary environmen­tal and public safety concerns, said City Attorney Elizabeth Martyn.

The Feb. 25 meeting followed two separate public hearings held in October and January that had sought the public’s input regarding the proposed cannabis ordinance.

Backup documents accompanyi­ng the Feb. 25 meeting agenda indicated that residents were supportive of establishi­ng an ordinance regulating commercial cannabis businesses.

The proposed ordinance allows for commercial cannabis businesses to be located on property zoned heavy commercial, tourist commercial, general commercial, and light industrial.

Commercial cannabis permit applicatio­ns will be ranked by criteria that is projected to be establishe­d by the city’s Community Developmen­t director later this month or early April. The top two applicants will be recommende­d for approval to the city manager. The council will have no say in the approval process.

The cannabis permit will be valid for a term of one year and may be renewed annually. Instead of an excise tax, the city has elected to establish a community benefit fee, which will be negotiated with authorized cannabis retailers.

Part of the benefit fee requires the authorized retailers to develop a public outreach and educationa­l program for youth organizati­ons and educationa­l institutio­ns that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction, the ordinance stated.

Once the ordinance is approved, it is hoped that city officials can begin accepting applicatio­ns by May, with staff’s review of applicatio­ns and the awarding of the two permits coming in June and July, respective­ly, city officials said on Feb. 25.

By choosing to authorize recreation­al cannabis operations, the city will be able to collect sales tax that is not applicable to medical marijuana sales, officials said. The two permitted storefront­s will be authorized to provide delivery services for customers.

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